The power to investigate offences under the Suppression of Immoral Traffic in Women and Girls Act, 1956, is not exclusively vested in the special police officer appointed under the Act. The regular police officers, including the station house officers, have the power to investigate offences under the Act, subject to the provisions of the Code of Criminal Procedure.

Headnote:
SUPPRESSION OF IMMORAL TRAFFIC IN WOMEN AND GIRLS ACT, 1956 - SECTION 13 - INVESTIGATION OF OFFENCES - POWER OF SPECIAL POLICE OFFICER - EXCLUSIVE OR NOT.
Fact of the Case:

A police officer, who was not a special police officer under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act CIV of 1956), investigated a case under the Act and submitted a charge-sheet to the Magistrate. The Magistrate quashed the charge-sheet, holding that only a special police officer was competent to investigate the case. On revision by the State, the High Court agreed with the view of the Magistrate and dismissed the revision. The High Court, however, granted a certificate under Art. 133 (1)(c) of the Constitution and hence this appeal by the Delhi Administration.
Finding of the Court:

The Court held that the power to investigate offences under the Act is not exclusively vested in the special police officer appointed under the Act. The regular police officers, including the station house officers, have the power to investigate offences under the Act, subject to the provisions of the Code of Criminal Procedure.
Issues: Whether a police officer, who is not a special police officer under the Suppression of Immoral Traffic in Women and Girls Act, 1956, can validly investigate the offences under the Act.
Ratio Decidendi: The Court interpreted the provisions of the Suppression of Immoral Traffic in Women and Girls Act, 1956, and the Code of Criminal Procedure, 1898, and held that: * The Act creates new offences and provides for the appointment of a special police officer to deal with those offences. * The expression "dealing with offences" in Section 13(1) of the Act does not include the power to investigate into offences. * The power to investigate offences under the Act is not exclusively vested in the special police officer. * The regular police officers, including the station house officers, have the power to investigate offences under the Act, subject to the provisions of the Code of Criminal Procedure.
Final Decision: The appeal was dismissed, and the judgment of the High Court and the Magistrate was set aside. The case was remitted to the Magistrate for being dealt with according to law.

Judgement Key Points

The legal question at hand concerns whether a police officer, who is not a designated special police officer under the relevant Act, can lawfully investigate offences under that Act. The key points to consider are as follows:

The Act establishes specific offences related to the suppression of immoral traffic and appoints special police officers for each designated area to handle offences under the Act (!) (!) (!) .
The Act confers certain powers and duties explicitly on the special police officers, including the appointment of subordinate officers and the formation of advisory bodies, to assist in the enforcement of the Act’s provisions (!) (!) .
The language of the Act indicates that the phrase "dealing with offences" is broad but does not explicitly include the investigation process. The Act does not explicitly grant investigation powers to the special police officers or prohibit regular police officers from investigating offences under the Act (!) (!) .
The general provisions of the criminal procedure code suggest that offences under other laws are to be investigated according to its provisions unless explicitly altered by the specific law. Since the Act does not specify investigation procedures or restrict regular police powers, the default statutory framework applies (!) (!) .
The investigation stage is distinct and fundamental, and the legislature has specifically referred to investigation, inquiry, and trial as separate stages. The absence of explicit provisions conferring investigation powers on the special police officers implies that investigation authority remains with the regular police unless expressly stated otherwise (!) (!) (!) .
The powers of police officers of higher rank, as provided under general law, such as exercising the powers of officers in charge of police stations, are applicable and do not exclude the authority of regular police officers to investigate offences under the Act (!) (!) .
The provisions of the Police Act and general criminal procedure indicate that police duties include detecting and bringing offenders to justice, which encompasses investigation activities. The absence of specific restrictions in the Act means that regular police officers retain their investigative powers unless the Act explicitly states otherwise (!) .
The interpretation of the phrase "dealing with offences" in the context of the Act suggests that it encompasses various functions, including investigation, unless the Act explicitly restricts such powers to the special police officers. The legislative intent appears to be that investigation powers are not exclusively vested in the special police officers (!) (!) .
The provisions of other related laws, like the Prevention of Corruption Act, which explicitly restrict investigation powers to certain ranks, are not directly applicable here due to differences in language and context. The Act in question does not contain such explicit restrictions (!) (!) .
Ultimately, the conclusion is that police officers who are not designated as special police officers under the Act have the authority to investigate offences under the Act, provided they act within the scope of their general powers under the criminal procedure code and law. The appointment of a special police officer does not preclude regular police officers from exercising investigation powers, and there is no legislative intent to restrict investigation to the special police officers alone (!) (!) .

In summary, unless the Act explicitly limits investigation powers to the special police officers, regular police officers retain their investigative authority under the general criminal procedure framework.

Judgment

RAGHUBAR DAYAL, J. : (on behalf of himself and K. Subba Rao J.) The only point for consideration, in this appeal, by certificate granted by the High Court of Judicature at Punjab, is whether a police officer, who is neither a special police officer under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act CIV of 1956), hereinafter called the Act, nor a police officer subordinate to a special police officer, can validly invistigate the offences under the Act,

2. Ram Singh, respondent, was suspected of having committed an offence under S. 8 of the Act. Jet Rarn, Sub-Inspector, who had not been appointed a special police officer by the State Government investigated the case and submitted the charge-sheet to the Magistrate. The Magistrate quashed the charge-sheet, holding that the special police officer alone was competent to investigate the case and that Jet Ram could not have investigated it. On revision by the State, the High Court agreed with the view of the Magistrate and dismissed the revision. The High Court, however, granted a certificate under Art. 133 (1)(c) of the Constitution and hence this appeal by the Delhi Administration.

3. The learned solicitor-General, appearing for the Delhi Administration, has submitted that in the absence of any definite provision in the Act debarring the police to exercise its powers with respect to cognizable offences, the regular police call exercise those powers and that consequently there is nothing wrong in the Sub-Inspector of the regular police making an investigation in a case under the Act. He also submits that the special police officer is not competent to investigate offences his powers being confined to what may come within the expression dealing with offences under the Act , and which expression, according to him does not cover the power to investigate into offences,

4. It is urgrd for the respondent that it is only the special police officer who is competent to investigate the offences under the Act.

5. Before dealing, with the merits of the question for determination, we may set out the object of the enactment and the relevant provisions thereof. The Act was enacted in pursuance of the International Convention signed at New York on the 9th day of May 1950, for the suppression of immoral traffic in women and girls. Section 2 deals with definitions and according to its clause (i), special police officer means a police officer appointed by or on behalf of the State Government to be in charge of police duties within a specified area for the purposes of the Act. Sections 3 to 9 create new offences and provide punishment for them. It is not necessary to detail the nature of the offences

6. Section 10 deals with release of convicted persons convicted for certain offences on probation of good conduct, in the manner provided in sub-see. (1) of S. 562 of the Code of Criminal Procedure, hereinafter called the Code, or with admonition as provided in sub-sec. (1A) of S. 562 of the Code. Certain provisions of Secs. 562, 563 and 564 apply to such cases,

7. The provisions of S. 11 of the Act correspond to those of S. 565 of the Code.

8. Section 12 provides for taking security for good behaviour from habitual offenders at the time of passing sentence on them and thus correspond, in a way, to the provisions of S. 106. of the Code. The provisions of Ss. l12 to 126 of the Code apply to such a case. :

9. Sections 13, 14, 15 and 16 of the Act are as follows :

"13. (1) There shall be for each area to be specified by the State Government in this behalf, a special police officer appointed by or on behalf of that Government for dealing with offenses under this Act in that area.

(2) The special police officer shall not be below the rank of-

(a) an Assistant Commissioner of Police in the presidency towns of Madras and Calcutta;

(b) a Superintendent of Police in the presidency town of Bombay; and

(3) For the efficient discharge of his function

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