Document Fragment View

Matching Fragments

(v). Central Bureau of Investigation having been constituted in terms of the provisions of Delhi Special Police Establishment Act, 1946 (hereinafter referred to as the "DSPE Act"), and having regard to the limitations of its powers contained therein, it could not exercise its jurisdiction within the territories of a State without its consent.

(vi). C.B.I. had no jurisdiction of surveillance in terms of the Red Corner Notice or Yellow Corner Notice issued by the Interpol or otherwise.

After the promulgation of the DSPE Act, superintendence of Special Police Establishment (SPE) was transferred to the Home Department and its functions were enlarged to cover all departments of the Government of India. It jurisdiction was also extended to all the Union territories. The DSPE Act provided for its extension to States with the consent of the concerned State Government. The C.B.I. was established, as it was felt that SPE would not be able to cope with the problems arising out of the country's over-expanding economy, by reason of a Resolution adopted by the Government of India vide Resolution No.4/31/61-T dated 1st April, 1963.

It is at this juncture, a discussion of the DSPE Act becomes imperative.

The Title and Preamble of DSPE Act reads:-

"An Act to make provision for the constitution of a special police force in Delhi for the investigation of certain offences in the Union territories for the superintendence and administration of the said force and for the extension to other areas of the power and jurisdiction of the members of the said force in regards to the investigation of the said offences."

C.B.I., although constituted under the DSPE Act its functions are multiple. While acting in terms of the provisions, in particular Sections 3 and 5 of the DSPE Act, it acts as an investigating officer. The Act contemplates commission of the offences of the nature specified in the Act or those specified in several Notifications issued from time to time. In terms of Section 3 of DSPE Act first information reports are required to be lodged. For the said purpose, the C.B.I. which has several branches all over India is an officer incharge of a police station within the meaning of Section 154 of the Code of Criminal procedure. The authority specified in the DSPE Act, namely the Superintendent of Police of C.B.I. is an officer entitled to carry out any investigation. Only when an investigation is carried out in relation to an offence which has been committed in a State and not in the Indian territory or within the territorial jurisdiction of the Central Government the consent of the State concerned is required to be obtained.