Section 33 CrPC: Powers of officers appointed

Code of Criminal Procedure, 1973

Section 33 CrPC at a Glance

Section 33 CrPC deals with powers of officers appointed. From 1 July 2024 it is replaced by Section 27 BNSS.

Now BNSS

What Section 33 CrPC Says

33. Powers of officers appointed
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.

Source: Section 33, Code of Criminal Procedure, 1973

Section 33 CrPC in Simple Words

Section 33 of the Code of Criminal Procedure, 1973 deals with the powers of officers appointed to a new office.

Where a person holding an office in the service of Government has been invested by the High Court or the State Government with any powers under the Code throughout any local area, and is appointed to an equal or higher office of the same nature within a like local area under the same State Government, that person shall exercise the same powers in the local area of the new appointment.

This applies unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed.

When Section 33 CrPC Applies

Section 33 of the Code of Criminal Procedure, 1973 applies to a 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 the Code throughout any local area.
Section 33 CrPC applies when that person is appointed to an equal or higher office of the same nature, within a like local area under the same State Government.
Under Section 33 CrPC, that person shall exercise the same powers in the local area in which that person is so appointed.
Under Section 33 CrPC, this does not apply where the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed.

Example of Section 33 CrPC

Arjun holds an office in the service of the State Government and has been invested by the State Government with powers under the Code of Criminal Procedure, 1973 throughout a local area. The State Government then appoints Arjun to a higher office of the same nature within a like local area under the same State Government. Neither the High Court nor the State Government has otherwise directed. Under Section 33 CrPC, Arjun shall exercise the same powers under the Code in the local area to which Arjun is appointed.

When Section 33 CrPC Does Not Apply

Section 33 of the Code of Criminal Procedure, 1973 does not deal with an officer appointed to a lower office, or to an office that is not of the same nature.
Section 33 CrPC does not deal with an appointment outside a like local area, or to an office under a different State Government.
Section 33 CrPC does not deal with a person who does not hold an office in the service of Government, or who has not been invested with powers under the Code by the High Court or the State Government.

Section 33 CrPC Under BNSS 27: What Changed

Section 33 CrPC is now covered under Section 27 BNSS.

Section 33 of the Code of Criminal Procedure, 1973 became Section 27 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 27 BNSS reads powers under this Sanhita where Section 33 CrPC read powers under this Code, and the rest of the text is the same.

View detailed comparison (CrPC 33 vs BNSS 27) →

FAQs on Section 33 CrPC

What happens to an officer's powers under Section 33 CrPC on appointment to an equal or higher office?▼

Under Section 33 of the Code of Criminal Procedure, 1973, a 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 the Code throughout any local area, and who is appointed to an equal or higher office of the same nature within a like local area under the same State Government, shall exercise the same powers in the local area in which that person is so appointed, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed.

Can the High Court or the State Government stop an officer from carrying powers into a new local area under Section 33 CrPC?▼

Yes. Section 33 of the Code of Criminal Procedure, 1973 applies unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed.

What conditions must the new post satisfy for powers to continue under Section 33 CrPC?▼

Under Section 33 of the Code of Criminal Procedure, 1973, the person must be appointed to an equal or higher office, the office must be of the same nature, and the appointment must be within a like local area under the same State Government. Section 33 CrPC applies unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed.

Where is the rule in Section 33 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 33 CrPC is found in Section 27 BNSS, which has the same heading, Powers of officers appointed. Section 33 CrPC has no sub-sections, and maps as a whole to Section 27 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·