Code
(1) In conferring powers under this Code, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.
(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.
Explanation
- This section provides the State Government with the authority to delegate certain powers vested in specific officers to other subordinate officers.
- This delegation can be done through either general or special orders.
- The State Government can impose conditions on the delegated power.
Illustration
Consider a scenario where a Magistrate is empowered to issue search warrants under the CrPC. The State Government, under Section 32, can empower a police officer, subordinate to the Magistrate, to issue search warrants in certain specified cases.
Common Questions and Answers
Q1. What is the purpose of Section 32 CrPC?
A1. The purpose is to ensure efficient administration of justice by allowing the State Government to delegate powers to subordinate officers, especially in situations where the original authority may not be readily available.
Q2. Can any officer be given powers under Section 32?
A2. No, the power can only be delegated to officers subordinate to the original authority. The State Government can specify the conditions for delegation, ensuring proper control over the exercise of the power.
Q3. Are there any limitations on the powers that can be delegated under Section 32?
A3. Yes, the power delegated cannot be one that is specifically stated to be non-delegable in the CrPC or other relevant laws. For example, powers relating to judicial decisions cannot be delegated.
