Section 30 BNSS: Powers of superior officers of police (Formerly Section 36 CrPC)

Section 30 of Bharatiya Nagarik Suraksha Sanhita, 2023: Powers of superior officers of police

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 30

Section 30 empowers superior officers of police to exercise the same powers throughout their local area as may be exercised by an officer in charge of a police station.

Superior Police Officers: Officers superior in rank to an officer in charge of a police station (DSP, SP, SSP, DIG, IG, DGP).
Equivalence of Powers: May personally investigate, effect arrests, execute searches, and file charge sheets within their territorial area.
Supervisory Direction: Empowered to oversee, coordinate, and step into ongoing investigations conducted by subordinate station officers.

Key Landmark Precedents:

State of Bihar v. J.A.C. Saldanha (1980) 1 SCC 554: The 3-Judge Bench held that Section 36 CrPC (Section 30 BNSS) empowers a superior police officer (like the DIG or DGP) to direct further investigation and personally supervise or depute officers to investigate.
Pramod Kumar Saxena v. Union of India (2008) 9 SCC 685: Affirmed that a superior police officer exercising powers under this section can validly take over an investigation to ensure impartiality.

Courtroom Practice & Strategic Litigation Guidance:

Whenever local police officers exhibit bias or refuse to collect crucial digital evidence, file a representation before the Superintendent of Police under Section 30 BNSS to seek direct supervision or transfer to an independent team.