The Delhi Special Police Establishment (DSPE) Act,1946
The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Deptt. Of India during World War II. Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt. The Delhi Special Police Establishment Act was therefore brought into force in 1946. The CBI’s power to investigate cases is derived from this Act.
ACT,1946 1
(25 of 1946)
As amended by the Central Vigilance Commission Act,2003 (45 of 2003)
[19th November,1946]
An Act to make provision for the constitution of a special police force 2(in Delhi for the investigation of certain offences in 3(the Union Territories)), for the superintendence and administration of the said force and for the extension to other 4(***) 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 2(in Delhi for the investigation of certain offences in 3(the Union territories) and to make provision for the superintendence and administration of the said force and for the extension to other areas 4(***) of the powers and jurisdiction of the members of the said force in regard to the investigation of the said offences;
It is herby enacted as follows:-
An Act to provide for
1. Short title and extent
(1) This Act may be called the Delhi Special Police Establishment Act,1946.
(2) It extends to 5(the whole of India) 6(***).
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1. The Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act,1949 (59 of 1949), Sec.3 (w.e.f.1-1-1950) and to the Union Territories of Manipur, Tripura by the Union Territories (Laws) Act,1950 (30 of 1950) sec. 3 (16-4-1950). Vindhya Pradesh, to which this Act was extended, now forms part of the State of Madhya Pradesh-See Act 37 of 1956, sec. 9(1)(e) (1-11-1956). Manipur and Tripura are also States now-see Act 81 of 1971. This Act has now been extended to the Union Territories of-
i. Goa, Daman and Diu by Reg. 12 of 1962 (27-12-1962); Goa is now a State.
ii. Dadra and Nagar Haveli by Reg. of 1963 (1-7-1965);
iii. Pondicherry by Reg. 7 of 1963 (1-10-1963);
iv. Laccadive, Minicoy and Amindivi Islands by Reg.8 of 1965. Now known as Lakshdweep Islands-See Act 34 of 1973.
The Act has been applied to the Union Territory of Himachal Pradesh with effect from 25-12-1948-See the Himachal Pradesh (Application of Laws) Order,1948, published in the Gazette of India,1949, Pt. I, Sec.I. p.87: Himachal Pradesh is now a State-Act 53 of 1970.
Before 1950, the Act was applied to-
i. Darjeeling District-See Calcutta Gazette 20-3-1947, Pt I, p.470.
ii. Darjeeling District-See Calcutta Gazette 20-3-1947, Pt I, p.470.
iii. Khasi States including Shillong administered area- See Assam, Gazette, 7-12-1949, Pt.II, P.1761. Now forming part of Meghalaya State- See act 55 of 1969, Sec. 3 (2-4-1970)
2. Subs. By Act 26 of 1952, Sec. 2 for “for the State of Delhi for the investigation of certain offences committed in connection with matters concerning Departments of the Central Government”.
3. Subs. By A.L.O. 1956. for “Part C States”.
4. The words “in the States” omitted by Act 3 of 1951, Sec. 2 and Sch. (w.e.f. 1-4-1951)
5. Subs. By A.L.O. 1950, for “all the Province s of India.”
6. Subs. by Act 3 of 1951 and omitted by Act 62 of 1956, Sec.2 and Sch.
