Question

The Central Government, by order under Section 5(1), extends the powers and jurisdiction of DSPE to investigate a class of notified offences to “any area (including Railway areas)” in State
A. State A has not given consent under Section 6. DSPE nevertheless commences investigation in a city of State A on the strength of the Section 5 order alone. Which statement is legally correct under the DSPE Act?

Q: Answer-The Central Government, by order under Section 5(1), extends the powers and jurisdiction of DSPE to...

Section 51 allows the Central Government to extend DSPE powers to any area including Railway areas in a State, not being a Union territory, but Section 6 mandates that nothing in Section 5 enables DSPE to exercise powers in any area in a State, not being a Union territory or railway area, without the consent of the Government of that State, so DSPE cannot lawfully proceed in State A without such consent.