THE
DELHI SPECIAL POLICE
ESTABLISHMENT
ACT, 1946
[Act No.25 of 1946]
[19th November, 1946]
An act
to make provision for the constitution of a special police force in Delhi for
the investigation of certain offences in the Union territoriesfor the
superintendence and administration of the said force and for the extension to
other areas of powers and jurisdiction of members of the said force in regard
to the investigation of the said offences.
WHEREAS it is necessary to constitute a
special police force in Delhi for the investigation of certain offences in the
Union territories and to make provision for the superintendence and
administration of the said force and for the extension to other areas of the
posers and jurisdiction of the members of the said force in regard to the
investigation of the said offences; It is hereby enacted as follows:
(1) This Act may be called the
Delhi Special Police Establishment Act, 1946.
(2)It extends to the whole of
India.
2. Constitution and powers of
special police establishment–
(1) Notwithstanding anything in the Police
Act 1861 [5 of 1861] the Central Government may constitute a special police
force to be called the Delhi Special Police Establishment for the investigation
in any Union territory of offences notified under section 3.
(2)Subject to any orders which the Central
Government may make in this behalf, members of the said police establishment
shall have throughout any Union territory in relation to the investigation of
such offences and arrest of persons concerned in such offences, all the powers,
duties, privileges and liabilities which police officers of that Union
territory have in connection with the investigation of offences committed
therein.
(3) Any member of the said police
establishment of or above the rank of Sub-Inspector may subject to any orders
which the Central Government may make in this behalf, exercise in any Union
territory any of the powers of the officer in charge of a police station in the
area in which he is for the time being and when so exercising such powers
shall, subject to any such orders as aforesaid be deemed to be an officer in
charge of a police station discharging the functions of such an officer within
the limits of his station.
3. Offences to be investigated by
special police establishment-
The Central Government may, by notification
in the Official Gazette, specify the offences or classes of offences which are
to be investigated by the Delhi Special Police Establishment.
4. Superintendence and
administration of special police establishment –
(1) The superintendence of the Delhi Special
Police Establishment shall vest in the Central Government.
(2) The administration of the said police
establishment shall vest in an officer appointed in this behalf by the Central
Government who shall exercise in respect of that police establishment such of
the powers exercisable by an Inspector-General of Police in respect of the
police force in a State, as the Central Government may specify in this behalf.
5. Extension of powers and
jurisdiction of special police establishment to other areas – (1) The Central Government may
by order extend to any area including railway areas in a State, not being a
Union territory the powers and jurisdiction of members of the Delhi Special
Police Establishment for the investigation of any offences or classes of
offences specified in a notification under section 3.
(2)When by an order under sub-section [1] the
powers and jurisdiction of members of the said police establishment are
extended to any such area, a member thereof may, subject to any order which the
Central Government may make in this behalf, discharge the functions of a police
officer in that area and shall, while so discharging such functions, be deemed
to be a member of the police force of that area and be vested with the powers,
functions and privileges and be subject to the liabilities of a police officer
belonging to that police force.
(3)Where any such order under sub-section [1]
is made in relation to any area, then, without prejudice to the provisions of
sub-section [2], any member of the Delhi Special Police Establishment of or
above the rank of Sub-Inspector may, subject to any orders which the Central
Government may make in this behalf, exercise the powers of the officer in
charge of a police station in that area and when so exercising such powers,
shall be deemed to be an officer in charge of a police station discharging the
functions of such an officer within the limits of his station.
6. Consent of State Government to
exercise of powers and jurisdiction – Nothing contained in section 5 shall be
deemed to enable any member of the Delhi Special Police Establishment to
exercise powers and jurisdiction in any area in a State, not being a Union
territory or railway area, with out the consent of the Government of that
State.