Authorisation of inspector of police to investigate

Ziaur Rahman (Querist) 07 October 2023 This query is : Resolved
In 2013, the state government authorised the rank of Inspector of Police to investigate the cases under the P.C. Act 1988 instead of a Dy S.P. or ACP. In 2018, the P.C. Act was amended, but no fresh authorisation order was made empowering the Inspector of Police to investigate the cases under the P.C. Act 2018. I want to know the law of interpretation of a statute, whether the old authorisation vesting an Inspector to investigate the cases under the P.C. Act 1988 is a valid order or whether the state government should have empowered the Inspector rank through a new order after an amendment to investigate the cases in the P.C. Act 2018. What will be the legality of the investigation in the absence of a fresh authorisation under the amended law? Is there any case law in this regard?

Follow Query

Report Abuse

Quick Summary

This discussion questions the validity of an Inspector of Police's authority to investigate cases under the amended Prevention of Corruption (PC) Act 2018. An authorisation was granted in 2013 for Inspectors to investigate under the PC Act 1988, but no new authorisation was issued after the 2018 amendment. The core issue is whether the previous authorisation remains valid for investigations under the new act, or if a fresh order is required, and what the legal implications are for investigations conducted without it.

T. Kalaiselvan, Advocate (Expert) 08 October 2023
If the law has been amended and it has no retrospective effect, then the law can be enforced on all such things post enactment of the act.
The previous cases , pending if any may continue in the same status

Ziaur Rahman (Querist) 08 October 2023
My query is about the interpretation of the statute . Whether authorisation for investigation granted to an Inspector in PC Act 1988 will continue while investigating a case under PC Act 2018 without fresh authentication to an Inspector of police and whether investigation by him will be valid?

Sudhir Kumar, Advocate (Expert) 10 October 2023
you are not able to present your doubt clearly. when notification existed in 2013 then why notification was needed in 1017

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries