Section 17. Persons authorised to investigate

CHAPTER IV INVESTIGATION INTO CASES UNDER THE ACT 17. Persons authorised to investigate.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below the rank,— (a) in the case of the Delhi Special Police Establishment, of an Inspector of Police; (b) in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any other metropolitan area notified as such under sub-section (1) of section 8 of the Code of Criminal Procedure, 1973 (2 of 1974), of an Assistant Commissioner of Police; (c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank, shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor without a warrant: 1. Subs. by Act 16 of 2018, s. 7, for sub-section (1) (w.e.f. 26-7-2018). 2. Subs. by Act 1 of 2014, s. 58 and Sch. for "one year" (w.e.f. 16-1-2014). 3. Subs. by s. 58 and Sch. ibid ., for "seven years" (w.e.f. 16-1-2014). 4. Subs. by Act 16 of 2018, s. 8, for s. 14 (w.e.f. 26-7-2018). 5. Subs. by s. 9, ibid. , for "clause (c) or clause (d)" (w.e.f. 26-7-2018). 6. Subs. by Act 1 of 2014, s. 58 and Sch. for "which may extend to three years" (w.e.f. 16-1-2014). 7. Subs. by Act 16 of 2018, s. 10, for "sub-section (2) of section 13 or section 14"(w.e.f. 26-7-2018). 8. Subs. by s. 10, ibid ., for "clause (e)" (w.e.f. 26-7-2018). Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefor without a warrant: Provided further that an offence referred to in[1] [clause (b) of sub-section (1)] of section 13 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police. 2[17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties . — No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval— (a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government; (b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government; (c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed: Provided that 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 undue advantage for himself or for any other person: Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month .] STATE AMENDMENT Union Territory of Jammu and Kashmir and Union Territory of Ladakh Insertion of section 17B.— After section 17A, insert the following section, namely:—