Section 5. Extension of powers and jurisdiction of special police establishment to other areas

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)[4] [in[5] [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 1. Ins. by Act 45 of 2021, s. 2 (w.e.f. 14-11-2021). 2. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014). 3. Subs. by Act 1 of 2014, s. 58 and the Schedule, for sub-section (1) (w.e.f. 16-1-2014). 4. Subs. by Act 26 of 1952, s. 5, for "in India outside the State of Delhi". 5. Subs. by the A.O, 1956, for "a Part A State or a Part B State". be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force. 1[(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.] 2[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[3] [a State, not being a Union territory or railway area], without the consent of the Government of that State.] 4 [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. 1. Ins. by Act 40 of 1964, s. 5. 2. Subs. by Act 26 of 1952, s. 6 for s. 6. 3. Subs. by the A.O., 1956, for "a Part A State or a Part B State, not being a railway area". 4. Ins. by Act 45 of 2003, s. 26 (w.e.f. 11-9-2003).