Question
A DSPE officer of the rank of Sub Inspector, acting in a State (not a Union territory) where jurisdiction has been validly extended under Section 5(1) with State consent under Section 6, investigates a notified offence and registers an FIR as “officer in charge of a police station”. A defence argument is raised that he could not act as an officer in charge of a police station in that State. What is the correct legal evaluation under the DSPE Act?
Solution
Section 5(3) states that, where Section 5(1) applies, any DSPE member “of or above the rank of Sub‑Inspector may … 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,” thus negating the objection in such a State area with valid extension and consent.
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