Section 33 of The Code of Criminal Procedure, 1973
Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.
Summary
- Deals with government officers who already have legal powers and then get a new job.
- If they are moved to a similar area and a similar or higher job, they keep their existing powers.
- This happens automatically unless the High Court or State Government says otherwise.
- It ensures that an officer's legal authority doesn't disappear just because they were promoted or moved.
Practical examples
FAQ
1. Do I lose my legal powers if I am promoted under Section 33 of the Code of Criminal Procedure, 1973?
No, Section 33 of the Code of Criminal Procedure, 1973 says if you are appointed to an equal or higher office of the same nature, you keep those powers.
2. Does Section 33 of the 1973 Code apply if I move to a different State Government?
No, Section 33 of the 1973 Code specifically mentions moving to an office "under the same State Government".
3. Can the High Court stop someone from keeping their powers when they move jobs under Section 33 of the Criminal Procedure Code?
Yes, Section 33 of the Criminal Procedure Code says the officer keeps the powers unless the High Court or State Government directs otherwise.
Test yourself
Q1.Under Section 33 of The Code of Criminal Procedure, 1973, what happens to an officer's powers if they are moved to a "higher office of the same nature"?
Q2.According to Section 33 of The Code of Criminal Procedure, 1973, who can direct that an officer should NOT keep their powers after a new appointment?
Q3.Does Section 33 of the 1973 Criminal Code apply if the new office is under a different State Government?
Q4.Under Section 33 of The Code of Criminal Procedure, 1973, does a person keep their powers if their new office is "equal" to their old one?