#THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and extent 
1A. Interpretation section 
2. Constitution and powers of special police establishment 
3. Offences to be investigated by special police establishment. — 
4. Superintendence and administration of Special Police Establishment 
4A.Committee for appointment of Director. 
4B. Terms and conditions of service of Director 
4BA. Director of Prosecution 
4C. Appointment for posts of Superintendent of Police and above, extension and curtailment of 
their tenure, etc. 
5. Extension of powers and jurisdiction of special police establishment to other areas. 
6. Consent of State Government to exercise of powers and jurisdiction. 
6A. Approval of Central Government to conduct, inquiry or investigation. 
7. [Repealed.] 



 
 
 
#THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946 

##ACT No. 25 OF 1946
[^1]

[19th November, 1946.] 

An Act to make provision for the constitution of a special police force in Delhi 
for the  investigation  of  certain  offences  in the Union territories for  the 
superintendence  and  administration  of  the  said  force  and  for  the  extension   to 
other areas of the powers and jurisdiction of members of the said force in regard to 
the investigation of the said offences. 

WHEREAS it is necessary to constitute a special police force in Delhi for the investigation 
of certain  offences  in the Union territories and  to  make  provision  for  the  superintendence 
and administration of the said force and for the extension to other area of the powers and 
jurisdiction of the members of the said force in regard to the investigation of the said offences; 

It is hereby enacted as follows: — 

1. **Short title and extent.**—(1) This Act may be called the Delhi Special Police Establishment 
Act, 1946. 

(2) It extends to the whole of India. 

1A. **Interpretation section.**— Words and expressions used herein and not defined but defined in 
the  Central  Vigilance  Commission  Act,  2003  (45  of  2003),    shall  have  the  meanings,  respectively, 
assigned to them in that Act. 

2. **Constitution and powers of special police establishment.**—(1)  Notwithstanding  anything  in 
the Police Act, 1861 (5 of 1861), the Central Government may constitute a special police force to be 
called the Delhi Special Police Establishment for the investigation in any Union territory of 
offences notified under section 3. 

(2) Subject to any orders which the Central Government may make in this behalf, members of 
the  said  police  establishment  shall  have  throughout any Union territory, in relation to  the 
investigation of such offences and arrest of persons concerned in such offences, all the  powers, 
duties,  privileges  and  liabilities  which  police  officers  of that Union territory have  in 
connection with the investigation of offences committed therein. 

(3) Any  member  of  the  said  police  establishment  of  or  above  the  rank  of  Sub-Inspector 
may,  subject  to  any  orders  which  the  Central  Government  may  make  in  this  behalf,  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 and when so exercising such powers shall, subject to any such 

[^1]. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Sch. to Dadra and Nagar Haveli by Reg. 
6  of  1963,  s.  2  and  the  Sch.  I  (w.e.f.  1-7-1965);  and  to  Pondicherry  by  Reg.  7  of  1963,  s.  3  and  the  Sch.  I 
(w.e.f.  1-10-1963),  to  Lakshadweep  (w.e.f.  1-10-1967)  vide  Reg.  8  of  1965,  s.  3  and  the  Sch.  and  to  Sikkim 
(w.e.f. 15-5-1976); vide notification No. S. O. 1668, dated 6-5-1976. 



orders  as  aforesaid,  be  deemed  to  be  an  officer  in  charge  of  a  police  station  discharging 
functions of such an officer within the limits  of his station. 

3. **Offences to be investigated  by  special  police  establishment.** —The  Central 
Government  may,  by  notification  in  the  Official  Gazette,  specify  the  offences  or  classes  of 
offences which are to be investigated by the Delhi Special Police  Establishment. 

4. **Superintendence  and  administration  of  Special  Police  Establishment.**—  (1)  The 
superintendence  of  the  Delhi  Special  Police  Establishment  in  so  far  as  it  relates  to  investigation  of 
offences alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988), 
shall vest in the Commission. 

(2) Save as otherwise provided in sub-section (1), the superintendence of the said police establishment 
in all other matters shall vest in the Central Government. 

(3) The administration of the said police establishment shall vest in an officer appointed in this behalf 
by the Central Government (hereinafter referred to as the Director) who shall exercise in respect of that 
police establishment such of the powers exercisable by an Inspector-General of Police in respect of the 
police force in a State as the Central Government may specify in this behalf. 

4A. **Committee for appointment of Director.**— (1)  The  Central  Government  shall  appoint  the 
Director on the recommendation of the Committee consisting of— 

  (a) the Prime Minister 					 — Chairperson; 

  (b) the Leader of Opposition recognised 	— Member;

     as such in the House of the People or where 
     there is no such Leader of Opposition, then 
     the Leader of the single largest Opposition 
     Party in that House 

  (c) the Chief Justice of India or Judge of the Supreme 	 — Member.
      Court nominated by him 

(2) No appointment of a Director shall be invalid merely by reason of any vacancy or absence of a 
Member in the Committee.

(3) The Committee shall recommend a panel of officers— 

  (a) on the  basis of seniority, integrity and experience  in the  investigation  of  anti-corruption  cases; 
and 

  (b) chosen from amongst officers belonging to the Indian Police Service constituted under the 
All-India Services Act, 1951 (61 of 1951), 

for being considered for appointment as the Director. 

4B. **Terms and conditions of service of Director.**—(1) The Director shall, notwithstanding anything 
to the contrary contained in the rules relating to his conditions of service, continue to hold office for a 
period of not less than two years from the date on which he assumes office. 

  Provided That the period for which the Director holds the office on his initial appointment may, in public 
interest, on the recommendation of the Committee under sub-section (1) of section 4A and for the reasons to 
be recorded in writing, Be extended up to one year at a time: 

  Provided further that no such extension shall be granted after the completion of a period of five years in 
total including the period mentioned in the initial appointment.

(2) The Director shall not be transferred except with the previous consent of the Committee referred 
to in sub-section (1) of section 4A. 

4BA. **Director of Prosecution.** —(1) There shall be a Directorate of Prosecution headed by a Director 
who  shall  be  an  officer  not  below  the  rank  of  Joint  Secretary  to  the  Government  of  India,  for  conducting 
prosecution of cases under this Act. 

(2) The Director of Prosecution shall function under the overall supervision and control of the Director. 

(3) The  Central  Government  shall  appoint  the  Director  of  Prosecution  on  the  recommendation  of  the 
Central Vigilance Commission. 

(4) The Director  of  Prosecution  shall  notwithstanding  anything  to  the  contrary  contained  in  the  rules 
relating to hi conditions of service, continue to hold office for a period of not less than two years from the date 
on which he assumes office.

4C. **Appointment for posts of Superintendent of Police and above, extension and curtailment of 
their tenure, etc.**— (1) The  Central  Government  shall  appoint  officers  to  the  posts  of  the  level  of 
Superintendent of Police and above except Director, and also recommend the extension or curtailment of 
the  tenure  of  such  officers  in  the  Delhi  Special  Police  Establishment,  on  the  recommendation  of  a 
committee consisting of : — 

    (a) the Central Vigilance Commissioner 			—Chairperson; 
    (b) Vigilance Commissioners 					—Members; 
    (c) Secretary to the Government of India in 		—Members; 
   Charge of the Ministry of Home 
    (d) Secretary to the Government of India in charge of the   —Members: 
      Department of Personnel 

Provided that the Committee shall consult the Director before submitting its recommendation to the 
Central Government.

(2) On  receipt  of  the  recommendation  under  sub-section  (1),  the  Central  Government  shall  pass  such 
orders as it thinks fit to give effect to the said recommendation.

5. **Extension of powers and jurisdiction of special police establishment to other areas.**—(1) The 
Central Government may by order extend to any area (including Railway areas) in a State, not being a 
Union territory the powers and jurisdiction of members of the Delhi Special Police Establishment for 
the investigation of any offences or classes of offences specified in a notification under section 3. 

(2) When by an order under sub-section (1) the powers and jurisdiction of members of the said police 
establishment  are  extended  to  any  such  area,  a  member  thereof  may,  subject  to  any  orders  which  the 
Central Government may make in this behalf, discharge the functions of a police officer in that area and 
shall, while so discharging such functions, be deemed to be a member of the police force of that area and 
be  vested  with  the  powers,  functions  and  privileges  and  be  subject  to  the  liabilities  of  a  police  officer 
belonging to that police force. 

(3) Where any such order under sub-section (1) is made relation to any area, then, without prejudice 
to the provisions of sub-section (2), any member of the Delhi Special Police Establishment of or above 
the  rank  of  Sub-Inspector  may,  subject  to  any  orders  which  the  Central  Government  may  make  in  this 
behalf, 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 discharging the functions of 
such an officer within the limits of his station.

6. **Consent of State Government to exercise of powers and jurisdiction.**—Nothing contained 
in  section  5  shall  be  deemed  to  enable  any  member  of  the  Delhi  Special  Police  Establishment  to 
exercise powers and jurisdiction in any area in a State, not being a Union territory or railway area, 
without the consent of the Government of that State.

6A. **Approval of Central Government to conduct, inquiry or investigation.**— (1) The Delhi Special 
Police  Establishment  shall  not  conduct  any  inquiry  or  investigation  into  any  offence  alleged  to  have  been 
committed  under  the  Prevention  of  Corruption  Act,  1988  (49  of  1988)  except  with  the  previous  approval 
of the Central Government where such allegation relates to— 

  (a) the employees of the Central Government of the level of Joint Secretary and above; and 

  (b) such  officers as are  appointed by  the  Central  Government  in corporations established  by  or 
under any Central Act, Government companies, societies and local authorities owned or controlled by 
that Government. 

(2) Notwithstanding anything contained in sub-section (1), no such approval shall be necessary for cases 
involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification 
other than legal remuneration referred to in clause  (c) of the Explanation  to section 7 of the  Prevention  of 
Corruption Act, 1988 (49 of 1988)]. 

7. *[Repeal of Ordinance 22 of 1946.] Rep. by the Repealing and Amending Act, 1950 (35 of 1950), 
s. 2 and Sch. I.*