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    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 ā€œofficer in charge of a police stationā€. 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?
    A The objection is valid; only State police can act as officer in charge Correct Answer Incorrect Answer
    B The objection is invalid because Section 5(3) deems a DSPE Sub Inspector or above as officer in charge of a police station in such area Correct Answer Incorrect Answer
    C The objection is valid because only an Inspector can act as officer in charge Correct Answer Incorrect Answer
    D The objection is valid unless the Central Vigilance Commission authorises it Correct Answer Incorrect Answer
    E The objection is valid because DSPE officers never become members of local police forces Correct Answer Incorrect Answer

    Solution

    Section 5(3) states that, where Section 5(1) applies, any DSPE member ā€œof or above the rank of Subā€‘Inspector may ā€¦ 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,ā€ thus negating the objection in such a State area with valid extension and consent.ā€‹

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