Section 6 of DSPE Act, 1946 : Section 6: Consent Of State Government To Exercise Of Powers And Jurisdiction
DSPE Act, 1946
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Explanation using Example
Imagine a scenario where the Central Government suspects that a high-profile financial fraud has taken place in the state of Karnataka. The fraud involves a company that has its headquarters in Bengaluru and is alleged to have siphoned off funds through complex transactions across state lines.
The Central Government wants the Central Bureau of Investigation (CBI), which operates under the Delhi Special Police Establishment (DSPE), to investigate this case. However, under Section 6 of the DSPE Act, the CBI cannot simply start its investigation in Karnataka because it is a state and not a Union Territory or railway area.
Before the CBI can begin its investigation in Karnataka, it must first obtain consent from the Government of Karnataka. If the state government agrees and grants consent, the CBI officers can then exercise their powers and carry out the investigation within the state's jurisdiction.
If consent is not given, the CBI would not be able to operate in Karnataka under the DSPE Act. They would need to look at alternative measures, such as requesting the state police to conduct the investigation or seeking a directive from the Supreme Court or High Court under specific circumstances.