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DELHI SPECIAL POLICE ESTABLISHMENT ACT 1946

ACT NO. 25 OF 1946

[19th November, 1946.]

Short title and extent.

1.Short title and extent. (1) This Act may be called the Delhi Special Police Establishment Act, 1946.

(2) It extends to the whole of India.5* ***

Constitution and powers of special police establishment.

2.(1)Constitution and powers of special police establishment. Notwithstanding anything in the Police Act, 1861, the Central Government may constitute a special police force to be called the Delhi Special Police Establishment 6* * * for the investigation 7*[in any 8*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 9*any 8*Union territory]], in relation to the investigation of --------------------------------------------------------------------- 2 Subs. by Act 26 of 1952, s. 2 for certain words. 3 Subs. by the Adaptation of Laws (No. 3) Order, 1956 for "` Part C States". 4 The words " in the States " omitted by Act 3 of 19 5 1, s. 3 and Sch. 5 The words "except the State of Jammu and Kashmir ", which were subs.Act 3 of 1951 for " except Part B States " omitted by Act 62 of 1956, s. 2 and Sch. 6 The words "for the State of Delhi" omitted by Act 26 of 1952, s. 3. 7 Subs., ibid., for "in that State". 8 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part C State". 9 Subs., ibid., for "the State of Delhi". 1 The Act comes into force in Pondicherry on 1-10-1963.vide Reg. 7 of 1963, s.3 and Sch. I. 1 Extended to Laccadive,Minicoy and Amindivi Islands (w.e.f. 1-10-1967): vide Reg. 8 of 1965 , s.3 & Sch. 1 Extended to and brought into force in the State of Sikkim (w.e.f. 15-5-1976.) by Notifn. No. S.O 1968, dated 6.5.1976. 1 Extended to Goa, Daman and Diu With modifications, by Reg. 12 of 1962, s.3 & Sch. I. 1 Extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1983, s.2 & Sch.I. --------------------------------------------------------------------- 32 such offences and arrest of persons concerned in such offences, all the, powers, duties, privileges and liabilities which police officers of 1*[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 2*[any 3*[Union terri- tory] ] 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.

Offences to be investigated by special police establishment. 3.Offences to be investigated by special police establishment. The Central Government may, by notification4* in the Official Gazette, specify the offences or classes of offences 5* * * which are to be investigated by the Delhi Special Police Establishment.

Superintendence and administration of 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.

Extension of powers and jurisdiction of special police establishment toother areas. 5. Extension of powers and jurisdiction of special police establis-

ment to other areas.(1) The Central Government may by 6 order extend to any area (including Railway areas) 7*in 8*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 orders which the Central Government may make in this behalf, discharge the functions --------------------------------------------------------------------- 1 Subs. by the Adaptation of Laws (No. 3) Order, 1956 for "that State", 2 Subs., ibid., for "the State of Delhi". 3 Subs., ibid., for "Part C State". 4 For such notification see Gazette of India, 1952, Pt. II, Sec. 3, p. 2146. 5 The words " committed in connection with matters concerning Departments of the Central Government " omitted by Act 26 of 1952, s.

1, p. 252, ibid., 1951, Pt. II, Sec. 3, p. 130. 7 Subs. by Act 26 of 1952, s. 5, for " in India outside the State of Delhi". 8 Subs. by the Adaptation of Law (No. 3) Order, 1956, for " a Part A State or a Part B State". --------------------------------------------------------------------- 33 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.

1*[(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.]

Consent of State Government to exercise of powers and jurisdiction. 2*[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 3*[a State, not being a Union territory or railway area], without the consent of the Government of that State.]

Repeat of Ordinance 22 of 1946. 7. [Repeat of Ordinance 22 of 1946.] Rep. by the Repealing and Amending Act. 1950 (35 of 1950), s. 2 and Sch. 1. --------------------------------------------------------------------- 1 Ins. by Act 40 of 1964, s. 5. 2 Subs. by Act 26 of 1952, s. 6, for s. 6. 3 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for a Part A State or a Part B State, not being a railway area". ---------------------------------------------------------------------