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?

Q: Answer-A DSPE officer of the rank of Sub Inspector, acting in a State (not a Union territory) where jurisdi...

Section 53 states that, where Section 51 applies, any DSPE member of or above the rank of SubInspector 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.

A The objection is valid; only State police can act as officer in charge

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

C The objection is valid because only an Inspector can act as officer in charge

D The objection is valid unless the Central Vigilance Commission authorises it

E The objection is valid because DSPE officers never become members of local police forces

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