Delhi Special Police Establishment Act 1946

Polity & Governance glossary

Also called: DSPE Act · Topic: Statutory, Regulatory and Quasi-judicial Bodies · NCERT: Beyond NCERT

Meaning

The Delhi Special Police Establishment (DSPE) Act 1946 is the CBI's legal base. The CBI itself was set up in 1963 by a government resolution, but its powers to investigate come from this Act. The Act works in steps:

  • under Section 3, the CBI probes only the offences the Centre notifies (lists officially);
  • under Section 2, it can do this in Union territories;
  • under Section 5, its reach can be extended to a state;
  • under Section 6, that extension needs the state's consent.

Consent is needed because "police" is a State subject under the Constitution.

Example

Since 2018, about ten states have withdrawn their general consent (blanket permission) under Section 6. In those states the CBI must now ask for consent case by case. The exception is when a court orders a CBI probe, as held in State of WB v. CPDR (2010).

Don't confuse with

  • NIA Act 2008: the NIA can investigate its listed offences anywhere in India without the state's consent.

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