The Delhi Special Police Establishment Act, 1946
✅ 1. OBJECTIVES OF THE DSPE ACT, 1946
The primary objectives of the Act are:
To establish a special police force for investigation of certain offences in the Union Territories.
To empower the central government to extend this police force's jurisdiction to any state with that state’s consent.
To regulate the functioning, powers, and duties of officers in investigating crimes such as corruption, bribery, fraud, and serious economic offences.
✅ 2. HISTORICAL BACKGROUND
Originally enacted in 1946 during British rule to investigate corruption in the War and Supply Department.
After independence, it was retained and became the basis for creating the CBI in 1963 via a Ministry of Home Affairs resolution.
Thus, CBI’s statutory powers come from the DSPE Act, while its administrative structure comes from the government resolution.
✅ 3. STRUCTURE OF THE ACT
📘 Section 1 – Short title, extent, and commencement
Applicable to Union Territories by default.
Can be extended to any state with that state’s consent.
📘 Section 2 – Constitution and powers of the DSPE
Establishes the Delhi Special Police Establishment.
Officers appointed by the central government.
These officers have the powers, privileges, and liabilities of police officers under the Criminal Procedure Code (CrPC).
📘 Section 3 – Offences to be investigated
Central Government can specify the offences or classes of offences that the DSPE is empowered to investigate.
Includes offences under IPC, Prevention of Corruption Act, Customs Act, etc.
📘 Section 5 – Extension of powers to states
Central Government can extend DSPE’s jurisdiction to any state with that state’s consent.
This means CBI cannot enter or investigate in a state without the state’s permission.
📘 Section 6 – Consent of the State Government
No DSPE officer can investigate any offence in a state without prior consent of that state’s government.
✅ 4. TYPES OF CONSENT UNDER SECTION 6
🔹 General Consent
Given by a state government allowing CBI to operate in the state without seeking permission for each case.
Once granted, CBI can register and investigate cases freely.
🔹 Specific Consent
Required case-by-case, especially if general consent has been withdrawn.
🔸 Several states have withdrawn general consent in recent years due to political reasons (e.g., West Bengal, Maharashtra, Kerala, Punjab).
✅ 5. RELATIONSHIP BETWEEN CBI AND DSPE
CBI is not a statutory body created by legislation.
However, it derives its police powers from the DSPE Act.
It operates under the superintendence of the Department of Personnel and Training (DoPT), Ministry of Personnel.
✅ 6. IMPORTANT CASE LAWS
📌 1. State of West Bengal v. Committee for Protection of Democratic Rights (2010 SC)
Issue: Can a High Court order a CBI investigation in a state without the state’s consent?
Held: Yes. Under Article 226 of the Constitution, a High Court can direct a CBI probe without the state’s consent.
Significance: Judicial power overrides the consent requirement in exceptional cases, especially when fundamental rights are involved.
📌 2. Kazi Lhendup Dorji v. CBI (1994 SC)
Issue: Whether offences under the Prevention of Corruption Act fall under the DSPE’s power.
Held: Yes. The Central Government can notify such offences under Section 3.
Significance: Validated the CBI’s jurisdiction over corruption-related offences.
📌 3. Navendra Kumar v. Union of India (2010 Delhi HC)
Issue: Challenge to CBI's existence since it's not created by statute.
Held: CBI is constitutionally valid as long as it operates under the DSPE Act and with state consent.
Significance: Reaffirmed that CBI’s functioning is legally grounded in DSPE.
📌 4. Subrata Roy Sahara v. Union of India (2014 SC)
Issue: Supreme Court directed CBI investigation into financial irregularities.
Held: Reinforced that even Supreme Court can direct a CBI probe without state consent.
Significance: Judicial directives can override Section 6 for the sake of justice.
✅ 7. LIMITATIONS OF THE ACT
Consent requirement (Section 6) can hinder investigations.
CBI is not independent — it works under the executive, raising questions about autonomy.
The Act is old and outdated, drafted in colonial times.
No clear provisions for modern crimes like cybercrime, white-collar fraud, etc.
✅ 8. RECOMMENDATIONS & REFORMS
Second Administrative Reforms Commission and Law Commission have suggested making CBI a statutory autonomous body through a dedicated law.
Proposal to amend the DSPE Act to:
Ensure CBI’s independence.
Reduce political interference.
Modernize the investigative framework.
✅ 9. CONCLUSION
The Delhi Special Police Establishment Act, 1946 is a critical legal instrument that provides the statutory foundation for the functioning of the CBI. Though it is over 75 years old, it continues to influence the dynamics of federal criminal investigations in India.
Key Takeaways:
The Act establishes the Delhi Special Police Establishment for investigating central offences.
CBI draws its investigative powers from this Act.
State consent is mandatory unless overridden by judicial orders.
Multiple landmark judgments have shaped its interpretation.
RELATED Blog
0 comments