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| The Delhi Special Police
Establishment Act, 1946 |
The Central Bureau of Investigation traces its origin to the Special
Police Establishment (SPE) which was set up in 1941 by the
Government of India. The functions of the SPE then were to
investigate cases of bribery and corruption in transactions with the
War & Supply Deptt. Of India during World War II. Even after the end
of the War, the need for a Central Government agency to investigate
cases of bribery and corruption by Central Government employees was
felt. The Delhi Special Police Establishment Act was
therefore brought into force in 1946. The CBI's power to investigate
cases is derived from this Act.
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THE DELHI SPECIAL POLICE ESTABLISHMENT
ACT, 19461
(25 of 1946)
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As amended by the Central Vigilance Commission
Act, 2003 (45 of 2003)
(19thNovember, 1946)
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An Act to make provision for the constitution of a special police
force2 (in Delhi for the investigation of certain
offences in 3(the Union Territories)), for the
superintendence and administration of the said force and for the
extension to other 4(***) of the 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 2(in
Delhi for the investigation of certain offences in 3(the
Union territories) and to make provision for the superintendence and
administration of the said force and for the extension to other
areas 4(***) of the powers and jurisdiction of the
members of the said force in regard to the investigation of the said
offences;
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It is herby enacted as follows:- |
Short title and extent.- (1) This Act may be
called the Delhi Special Police Establishment Act, 1946. |
| (2) It extends to 5(the whole of
India) 6(***). |
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| __________________ |
1. The Act has been extended to the new Provinces
and Merged States by the Merged States (Laws) Act, 1949 (59 of
1949), Sec.3 (w.e.f.1-1-1950) and to the Union Territories of
Manipur, Tripura by the Union Territories (Laws) Act, 1950 (30 of
1950) sec. 3 (16-4-1950). Vindhya Pradesh, to which this Act was
extended, now forms part of the State of Madhya Pradesh-See Act 37
of 1956, sec. 9(1)(e) (1-11-1956). Manipur and Tripura are also
States now-see Act 81 of 1971. This Act has now been extended to the
Union Territories of- |
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i. Goa, Daman and Diu by Reg. 12 of 1962 (27-12-1962); Goa is now
a State. |
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ii. Dadra and Nagar Haveli by Reg. of 1963 (1-7-1965);
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iii. Pondicherry by Reg. 7 of 1963 (1-10-1963);
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iv. Laccadive, Minicoy and Amindivi Islands by Reg.8 of 1965. Now
known as Lakshdweep Islands-See Act 34 of 1973.
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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 the Gazette of India, 1949, Pt. I,
Sec.I. p.87: Himachal Pradesh is now a State-Act 53 of 1970. |
Before 1950, the Act was applied to- |
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i. Darjeeling District-See Calcutta Gazette
20-3-1947, Pt I, p.470. |
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ii. Darjeeling District-See Calcutta Gazette
20-3-1947, Pt I, p.470. |
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iii. Khasi States including Shillong administered
area- See Assam, Gazette, 7-12-1949, Pt.II, P.1761. Now forming
part of Meghalaya State- See act 55 of 1969, Sec. 3 (2-4-1970) |
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2. Subs. By Act 26 of 1952, Sec. 2 for “for the State of Delhi for
the investigation of certain offences committed in connection with
matters concerning Departments of the Central Government”. |
3. Subs. By A.L.O. 1956. for “Part C States”. |
4. The words “in the States” omitted by Act 3 of
1951, Sec. 2 and Sch. (w.e.f. 1-4-1951) |
5. Subs. By A.L.O. 1950, for “all the Provinces of
India.” |
6. Subs. by Act 3 of 1951 and omitted by Act 62 of
1956, Sec.2 and Sch. |
1[1 A. Interpretation section. – Words and expressions used
herein and not defined but defined in the Central Vigilance
Commission Act, 2003, shall have the meanings, respectively,
assigned to them in that Act.] |
2. Constitution and powers of 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 2[***] for the
investigation 3 [in any 4 [Union territory]] of offences notified
under section 3. |
2) Subject to any order which the Central Government may make in
this behalf, Members of the said police establishment shall have
throughout 5 [any 4[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 6[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 5[any 4[Union
territory]] any of the powers of the officers 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 7[***] which
are to be investigated by the Delhi Special Police Establishment. |
8[4. Superintendence and administration of Special Police
Establishment. – (1) The Superintendence of the Delhi Special Police
Establishment insofar as it relates to investigation of offences
alleged to have been committed under the Prevention of Corruption
Act, 1988 (49 of 1988), shall vest in the Commission. |
| __________________ |
1. Ins. by Act 45 of 2003. sec. 26 (w.e.f. 11-9-2003)
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2. The words “for the State of Delhi”
omitted by Act 26 of 1952, sec. 3, (w.e.f. 6-3-1952).
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3. Subs. by Act 26 of 1952, sec. 3 for
“in that state” (w.e.f. 6-3-1952).
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4. Subs. by A.L.O. 1956, for “Part C
State”.
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5. Subs. by A.L.O. 1956, for “the State
of Delhi”.
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6. Subs. by A.L.O. 1956, for “that
State”.
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7. The words “committed in connection
with matters concerning Departments of the Central Government”
omitted by Act 26 of 1952, sec. 5 (w.e.f. 6-3-1952).
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8. Subs. by Act 45 of 2003, sec. 26
(w.e.f. 11-9-2003), for section 4 “Superintendence and
administration of special police establishment. – (1) The
Superintendence of the Delhi Special Police Establishment shall vest
in the Central Government.
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(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.”
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(2) Save as otherwise provided in
sub-section (1), the superintendence of the said police
establishment in all other matters shall vest in the Central
Government.
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(3) The administration of the said
police establishment shall vest in an officer appointed in this
behalf by the Central Government (hereinafter referred to as the
Director) 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.
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4 A. Committee for appointment of
Director.-(1) The Central Government shall appoint the Director
on the recommendation of the Committee consisting of :-
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| (a) the Central Vigilance Commissioner |
Chairperson |
| (b) Vigilance Commissioners |
Members |
| (c) Secretary to the Government of India in-charge of the
Ministry of Home Affairs in the Central Government |
Members |
| (d) Secretary (Co-ordination and Public Greivances the
Cabinet Secretariat |
Member |
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(2) While making any
recommendation under sub-section (1), the Committee shall take into
consideration the views of the outgoing Director.
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(3) The Committee shall recommend a penal of officers-
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| (a) |
On the basis of seniority, integrity and
experience in the investigation of anti-corruption cases; and |
| (b) |
Chosen from amongst belonging the Indian Police
Service constituted under the All-India Services Act, 1951 (61 of
1951), for being considered for appointment as the Director. |
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Comments |
The Director is to be appointed by the
Central Government on the recommendation of the Committee consisting
of (i) the Central Vigilance Commissioner as Chairperson, (ii)
Vigilance Commissioners as Members, (iii) Secretary to the
Government of India incharge of the Ministry of Home Affairs in the
Central Government as Member (iv) Secretary Coordination and Public
Grievances in the Cabinet Secretariat as Member.
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4B. Terms and Conditions of service
of Director- (1) The director shall notwithstanding anything to
the contrary contained in the rules relating to his conditions of
service, continue to hold office for a period of not less than two
years from the date on which he assumes office
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(2) The Director shall not be
transferred except with the previous consent of the Committee
referred to in sub-section (1) of section 4 A.
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4C. Appointment for posts of Superintendent of Police and
above, extension and curtailment of their tenure, etc. –(1)
The Committee referred to in section 4A shall, after consulting the
Director, recommend officers for appointment to the posts of the
level of Superintendent of Police and above and also recommend the
extension or curtailment of the tenure of such officers in the Delhi
Special Police Establishment.
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(2) On receipt of the recommendation under sub-section (1), the
Central Government shall pass such orders as it thinks fit to give
effect to the said recommendation.
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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
Railways areas), 1[in 2[a State, not being a
Union territory]] the powers and jurisdiction of member of the Delhi
Special Police Establishment for the investigation of any offences
or classes of offences specified in notification under section 3.
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(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 function 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 to the liabilities of a police officer
belonging to that police force.
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3[(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.]
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4[6. Consent of State Government to exercise of
powers and jurisdiction. _ Noting 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 5[a
State not being a Union Territory or railways area], Without the
consent of the Government of that State.]
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7[6A. Approval of Central Government to conduct
inquiry or investigation.-(1) The Delhi Special Police
Establishment shall not conduct any enquiry or investigation into
any offence alleged to have been committed under the Prevention of
Corruption Act,1988 (49 of 1988) except with the previous
approval of the Central Government where such allegation relates to
–
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__________________
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1. Subs. By Act 26 of 1952,sec.5
for “in Indian out side the State of Delhi”(w.e.f. 6-3-1952).
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2. Subs. By A.L.O. 1956 for “a Part of
A State of a Part B state”.
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3. Ins. By Act 40 of 1964, sec.5
(w.e.f. 18.12.1964).
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4. Subs by Act 26 of 1952, sec 6 for
section 6 (w.e.f. 6.3.1952).
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5. Subs. By A.L.O. 1956, for “a Part A
State or a Part B State not being a railway area”.
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6. See S.O. 11, Gazette of India,
1971,Pt.II, Sec. 3(ii)p. 18 for such a notification.
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7. Ins. By Act 45 of 2003, sec.
26(w.e.f. 11.9.2003)
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(a) the employees of the Central Government of the Level of Joint
Secretary and above ;and
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(b) such officers as are appointed by the Central Government in
corporations established by or under any Central Act, Government
Companies, Societies and local Authorities owned or controlled by
that Government.
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(2) Notwithstanding anything contained in sub-section (1), no
such approval shall be necessary for cases involving arrest of a
person on the spot on the charge of accepting or attempting to
accept any gratification other than legal remuneration referred to
in clause (c) of the Explanation to section 7 of the
Prevention of Corruption Act, 1988 (49 of 1988.]
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Comments |
Without the previous approval of the Central Government the Delhi
Special Police Establishment cannot conduct any inquiry or
investigation into any offence alleged to have been committed under
the Prevention of Corruption Act, 1988, where the employees of the
Central Government are of the level of Joint Secretary and above.
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Repeal of Ordinance 22 of 1946.-
[Rep. By the Repealing and Amending Act, 1950 (35 of 1950),
sec.2 and Sch. I.]
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