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?
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
