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      Question

      A DSPE officer of the rank of Inspector is posted in a

      Union territory. Acting under the DSPE Act, he purports to exercise the powers of an officer in charge of a police station within that territory while investigating a notified offence. Which statutory provision best supports this authority?
      A Section 2(3) alone Correct Answer Incorrect Answer
      B Section 5(3) only Correct Answer Incorrect Answer
      C Section 4(3) read with Section 4A Correct Answer Incorrect Answer
      D Section 2(3) read with Section 2(1), as he is above Sub Inspector in a Union territory Correct Answer Incorrect Answer
      E Section 6 read with the State’s consent Correct Answer Incorrect Answer

      Solution

      Section 2(3) provides that any member of the DSPE “of or above the rank of Sub‑Inspector may … exercise in any Union territory any of the powers of the officer in charge of a police station in the area in which he is for the time being,” thus supporting an Inspector (being above Sub‑Inspector) acting as officer in charge in a Union territory.​

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