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      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?

      A DSPE can proceed solely on the basis of Section 5 without State consent Correct Answer Incorrect Answer
      B DSPE cannot exercise powers and jurisdiction in that city absent consent of the Government of State A under Section 6 Correct Answer Incorrect Answer
      C DSPE can act because railway areas are included, regardless of State consent Correct Answer Incorrect Answer
      D DSPE can act if the Director of Prosecution approves under Section 4BA Correct Answer Incorrect Answer
      E DSPE can act because the Act extends to the whole of India under Section 1(2) Correct Answer Incorrect Answer

      Solution

      Section 5(1) 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.​

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