Delhi Special Police Establishment Act, 1946 Complete Act - Bare Act

DELHI

An Act to make provision for the constitution of a special police force a[in Delhi for the investigation of certain offences in b[the Union territories]], for the superintendence and administration of the said force and for the extension to other c[* * *] of the powers and jurisdiction of members of the said force in reward to the investigation of the said offences. Whereas it is necessary to constitute a special police force a[in Delhi for the investigation of certain offences in b[the Union territories ]] and to make provision for the superintendence and administration of the said force and for the extension to other areas c [* * *] of the powers and jurisdiction of the members of the said force in regard to the investigation of the said offences;

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

(2) It extends to a[a] Substituted for the words "all the Provinces of India" by A.L.O., 1950. [the whole of India], b[b] Words "except the State of Jammu and Kashmir" which were substituted for the words "except Part B States" by the Pan B States (Laws) Act. 1951 (3 of 1951), were omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956). Section 2 and Schedule. The Act has been extended to the new Provinces and Merged States by the Merged States (I .aws) Act. 1949 (59 of 1949). S. 3(1-1- 1950) and to the Union Territories of Manipur. Tripura by the Union Territories Cl .aws) Act, 1950 ("V) of 1950). S.3 (16-4-1950). Vindhya Pradesh. to which this Act was extended, now forms part of the State of Madhva Pradesh - SecAct37ofl956.S. 9 (l) (e) (l-l-]956). Manipur and Tripura are also States now - See Act 81 of 1971. This Act has now been extended to the Union Territories of - (i) Goa. Daman and Diu. by Reg. 12 of 1962 (27-12-1962): Goa is now a State. (ii) Dadra and Nagar Haveli. by Reg. 6 of 1963 (1-7-1965): (iii) Pondicherry. by Reg. 7 of 1963 (1-10-1963). (iv) Laccadive. Minicoy and Amindivi Islands, by Reg. 8 of 1965. Now known as Lakshdweep Islands - See Act M of 1973. The Act has been applied to the Union Territory of Himachal Pradesh with effect from 25-12-1948-See the Himachal Pradesh (Application of Laws) Order. 1948, published in Gazette of India. 1949. Pt. 1. .see. 1, p. 87: H.P. is now a State - See Act 53 of 1970. Before 1950. the Act was applied to - (i) Darjeeling district - See Calcutta Gazette. 20-3-1947. Pt. 1. p. 470; (ii) Chhota Nagpur Division and Santhal Parganas - See Bihar Gazet, 8-1-1947. Pi. II. p. 66: both these areas form part of Bihar State - See Act 37 of 1956. (iii) Khasi Stales inccluding Shillong administered areas - See Assam Gazette, 7-12-1949. Pt. II. p. 1761. Now forming pail of' Meglialaya State - See Act 55 of 1969. S. 3 (2-1-1970). '[* * *].

(1) Notwithstanding anything in Police Act, 1861, the Central Government may constitute a special police force to be called the Delhi Special Police Establishment a[a] Words "for the State of Delhi" were omitted by the Delhi Special Police Establishment (Amendment) Acl. 1952 (26 of 1952). S. 3 (6-3-1952). [* * *] for the investigation b[b] Substituted for the words "in that State", the Delhi Special Police Establishment (Amendment) Acl. 1952 (26 of 1952). S. 3 (6-3-1952). [in any c[c] Substituted for the words "Part C State " by 3 A.L.O.. 1956. [Union terrilory]] 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 d[d] substituted for the words "the Slate of Delhi", A.L.O.. 1956. (any c [c] Substituted for the words "Part C State " by 3 A.L.O.. 1956. [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 e [e] Substituted for the words "that State", A.L.O.. 1956. [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 d[d] substituted for the words "the Slate of Delhi", A.L.O.. 1956. [any c[c] Substituted for the words "Part C State " by 3 A.L.O.. 1956. [ Union territory]] any of the powers of the officer in charge of a police station in the area in which he is for the lime 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.

The Central Government may, by notification[a] For some specifications of offences specified, see S.R.O. 2571. date 6-11-1956. published in Gazette of India. 19S6.Parl II. See. 3. p.l863: G.S.R. 305. Gazette of India, 23-2-l963, Pt. II. See. 3 (i). p. 2S2: G.S.R.. 577. A.L.O.. 1956. 1964 Pt. II Section 3 (i), p. 616: S.0.2062. A.L.O.. 1956. 1965. Pt. II. Sec. 3 (ii), p.2262: G.S.R. 358 A.L.O.. 1956. 1966. Pi. II, section* 3 (i). p.390: S.O. 3026, A.L.O.. 1956. 1966. Pt. II. Sec. 3 (ii), Extraordinary. p. 1439. S.0. 3977. A.L.O.. 1956. 1966. Pt. II, Sec. 3 (ii). p. 3629: S.O. 4501. A.L.O.. 1956. 1967. Pt. II. Sec. 3 (ii), p.4745: S.O. 160 A.L.O.. 1956, 1969. Pt II . S. 3 (ii). p. 235; S.O. 2448. A.L.O.. 1956 1970 Pt. II S. 3 (ii) p.3140 and S.Os. 2449.2453, A.L.O.. 1956. pp. 3141.3145' S.O. 2976. A.L.O.. 1956. 1970. Pt. II, S. 3 (ii). Ext. p. 1459 S.O. 160. A.L.O.. 1956, 1969. pt. U.S. 3 (ii) p 235: S.Os. 2448.2449. 2455. A.L.O.. 1956. 1970. Pt. II S. 3 (ii) pp. 3140.3141. 3146. S.O. 1465. A.L.O.. 1956, 1971. Pt. US. 3 (ii) p. 1763: S.O.s 682. 1663. A.L.O.. 1956. 1973. Pt. U.S. 3 (ii)pp. 1076.2127: S.Os. 18 (e). 495 (K). 496(E). A.L.O.. 1956. 1975. Pt. II. S.3 (ii) Ext.. pp. 157. 1553. 1554: S.O. 225(E). A.L.O.. 1956-1976 Pt. II, S. 3 (ii) Ext. p.661: S.Os. .3481. 3007, A.L.O.. 1956. 1977. Pt. II. S. 3 (ii) pp. 3916. 2479: S.Os. 442 (E.) A.L.O.. 1956 1978. Pt. II, S. 3 (ii) l;xl.. p. 856: S.O. 1284/85. S.O. 3520/87. S.O. 2301/89. S.Os. 1316.1317.1318.711.241)4.2405.2406.2407,2479,3274/90. S.O. 593. 2594/92 and S.O. 252/93. in the Official Gazette, specify the offences or classes of offences b[b] Words "committed in connection with matters concerning Departments of the Central Government" were omitted by the Delhi Special Police Establishment (Amendment) Act, 1952 (26 of 1952 ). S. 5 (6-3-1952). [* * *] which are to be investigated by the Delhi Special Police Establishment.

(l)The Super- intendance 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 a[a] Substituted for the word 'Province' by A.L.O., 1950. [State], as the Central Government may specify[b] See S.R.0.2570. dated 31-10-1956. published in Gazette of India. 1956, Pt. II. Sec. 3, p. 1862. in this behalf.

(1) The Central Government may by ordered[d] For some of the orders under this section, see O.S.R. 306, Gazette of India. 28-2-1963. p. 283: G.S.R. 578. dt. 11-4-1964. p. 617: S.O. 1183dt. 17-4-1965. p.l320: S.0.2063.dl. 3-7-1965. p. 2262: S.0.2557dt. 21-8-1965. p. 2799: S.O. 2393. dt. 6-S- 1966. p. 2321: S.O. 3978. dt. 31-12-1966. p. .3629: S.O. 2146. dt, dt. 1-7-1967. p. 2183. which substitutes -Punjab and Haryana' for -Punjab' in G.S.R. 306: S.O. 1183, S.O. 2063. S.O. 2393, S.O. 760. dt. 4-3-1967. p. 588: S.Os. 3786.3787. dt. 28-10-1967, p. 4010: S.O. 4502. dt. 23-12-1967. P. 4745: S.0.1442. dt. 27-4- 1968. p. 1960: S.O. 3825, dt. 2-11-1968. p. 4872: S.O. 178, dt 18-1-1969, p. 296: S.Os. 2450.2456.2453, dt. 25-7-1970. pp. 3142. 3143. 3144. 3146: S.O. 2977. dt. 7-9-1970. p. 1460: S.O. 2261. dt. 4-7.1970: p. 2907; S.O. 1466. dl. 3-4-1971. p. 1763: S.O. 19 (E). dt. 7-1-1975. p. 158: S.O. 226 (K) dt. 23-3-1976 p. 662: S.O. 1369. dt. 17-5-1980. p. 1398. S.O. 1748, 1749, 2295, 2296, 2297, 2298, 2299 and 2300/89. S.0.1026. 1456/90.S.O..521/91.S.O, 910(10/92. extend to any area (including Railway areas), a[a] Substituted for the words "in India outside the Slate of Delhi" by the Delhi Special Police Establishment (Amendment) Act. 1952 (26 of 1952). Section 5 (6-3-1952). [in b[b] substituted lor the words "a Pail A Slate oi-a Part B Slate" by 3 A.L.O., 1956. [a State, not being a Union territory]] the powers and jurisdiction of members of the Delhi Special Police Establishment for lhc 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 there of may, subject to any orders 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 a police force of that area and be vested with the powers, functions and privileges and be subject lo the liabilities of a police officer belonging to that police force.

c[c] Inserted by the Anti-Corruption Laws (Amendment) Act. 1964 ( 40 of 1964). Section 5 (18-12-1964). [(3) where any such order under sub-section (1) is made in relation to any area, then, without prejudice to lhc 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.]

[Nothing contained in section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction c[c] See S.O. II, Gax. of India. 1971. Pt. II. S. 3 (ii) p. 18 for such a notification. in any area in b[b] Substituted for the words "a Part A Slate or a Part U State not being a railway area " by 3 A.L.O, 1956. [a State, not being a Union territory or railway area], without the consent of the Government of that State.]

[Repealed by the Repealing and Amending Act, 1950 (35 of 1950), S. 2 and Sch. I.]