minal Appeal No 220 of 1960
Appeal from the judgment and order dated August 4 1960 of the Punjab High Court in Criminal Revision No 31 D of 1960
C K Daphtary Solicitor General of India R H Dhebar and D Gupta for the appellant
The respondent did not appear
May 3
The Judgment of K Subba Rao and Raghubar Dayal JJ was delivered by Raghubar Dayal J J R Mudholkar J delivered a separate judgment
RAGHUBAR DAYAL 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 investigate the offences under the Act
Ram Singh respondent was suspected of having committed an offence under section 8 of the Act
Jet Ram 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 696 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 article 1331c of the Constitution and hence this appeal by the Delhi Administration
The learned Solicitor General appearing for the Delhi Administration has submitted that in the absence of any definite provision in the Act de barring the police to exercise its powers with respect to cognizable offences the regular police can 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 accord ing to him does not cover the power to investigate into offences
It is urged for the respondent that it is only the special police officer who is competent to investigate the offences under the Act
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 1 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
Section 10 deals with release of convicted persons convicted for certain offences on probation of good conduct in the manner provided in sub section
1 of section 562 of the Code of Criminal Procedure hereinafter called 697 the Code or with admonition as provided in sub section
1A of section 562 of the Code
Certain provisions of sections 562 563 and 564 apply to such cases
The provisions of section 11 of the Act correspond to those of section 565 of the Code
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 section 106 of the Code
The provisions of sections 112 to 126 of the Code apply to such a case
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 offences 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 c a Deputy Superintendent of Police else where
3 For the efficient discharge of his functions in relation to offences under this Act a the special police officer of an area shall be assisted by such number of subordinate police officers including women police officers wherever practicable as the State Government may think fit and b the State Government may associate with the special police officer a non official advisory body consisting of not more than five leading social welfare workers of that area including women social welfare workers wherever practicable to advise him on questions of general importance regarding the working of this Act
Notwithstanding anything contained in the Code of Criminal Procedure  1898 5 of 1898 any offence punishable under this Act shall be deemed to 698 be a cognizable offence within the meaning of that Code Provided that notwithstanding anything contained in that Code i arrest without warrant may be made only by the special police officer or under his direction or guidance or subject to his prior approval ii when the special police officer requires any officer subordinate to him to arrest without warrant otherwise than in his presence any person for an offence under this Act he shall give that subordinate officer an order in writing specifying the person to be arrested and the offence for which the arrest is being made and the latter officer before arresting the person shall inform him of the substance of the order and on being required by such person show him the order iii any police officer not below the rank of inspector specially authorized by the special police officer may if he has reason to believe that on account of delay involved in obtaining the order of the special police officer any valuable evidence relating to any offence under this Act is likely to be destroyed or concealed or the person who has committed or is suspected to have committed the offence is likely to escape or if the name and address of such a person is unknown or there is reason to suspect that a false name or address has been given arrest the person concerned without such order but in such a case be shall report as soon as may be to the special police officer the arrest and the circumstances in which the arrest was made
1 Notwithstanding anything contained in any other law for the time being in force whenever the special police officer has reasonable grounds for believing that an offence punishable under this Act has been or is being committed in respect of a woman or girl living in any premises and that search of the premises with warrant cannot be made without undue delay such officer may after recording the grounds of his belief enter and search such premises without a warrant
2 Before making a search under sub section 1 699 the special police officer shall call upon two or more respectable inhabitants at least one of whom shall be a woman of the locality in which the place to be searched is situate to attend and witness the search and may issue any order in writing to them or any of them so to do
3 Any person who without reasonable cause refuses or neglects to attend and witness a search under this section when called upon to do so by an order in writing delivered or tendered to him shall be deemed to have committed an offence under section 187 of the Indian Penal Code 45 of 1860
4 The special police officer entering any premises under sub section 1 shall be entitled to remove therefrom any girl if in his opinion she is under the age of twenty one years and is carrying on or is being made to carry on or attempts are being made to make her carry on prostitution
5 The special police officer after removing the girl under sub section 4 shall forthwith produce her before the appropriate magistrate
6 The special police officer and other persons taking part in or attending and witnessing a search shall not be liable to any civil or criminal proceedings against them in respect of anything lawfully done in connection with or for the purpose of the search
1 Where a magistrate has reason to believe from information received from the police or other
wise that a girl apparently under the age of twenty
one years is living or is carrying on or is being made to carry on prostitution in a brothel he may direct the special police officer to enter such brothel and to remove therefrom such girl and produce her before him
2 The special police officer after removing the girl shall forthwith produce her before the Magistrate issuing the order
 Section 17 provides for intermediate custody of girls removed under section 15 or rescued under section 16
Sections 18 to 21 provide for matters unconnected with offences
700 Section 22 provides that no Court inferior to that of a Magistrate as defined in cl
c of section 2 shall try the offences mentioned in the section
The Magistrates mentioned in this clause are District Magistrates Sub Divisional Magistrates Presidency Magistrates or a Magistrate of the First Class specially empowered by the State Government by notification in the official gazette to exercise jurisdiction under the Act
It is clear from the various provisions that the Act is a complete Code with respect to what is to be done under it
It deals with the suppression of immoral traffic in women and girls a matter which has to be tackled with consideration intelligence and understanding of the problem
This is evident from the provisions of cl
b of sub section
3 of section 13 which provides for the association of a non official advisory body consisting of not more than five leading social welfare workers of that area including women social welfare workers wherever practicable with the special police officer in order to advise him on questions of general importance regarding the working of the Act
The Act creates new offences provides for the forum before which they would be tried and the orders to be passed on conviction of the offenders
Necessary provisions of the Code of Criminal Procedure have been adopted fully or with modifications
The Act provides machinery to deal with the offences created and its necessary implication must be that new machinery is
to deal with those offences in accordance with the provisions of the special Act and when there is no specific provision in such Act in accordance with the general procedure and that no other machinery is to deal with those offences
It does not appear reasonable that the investigation of offences would have been left unprovided and was to be done by the regular police in accordance with the regular procedure laid down under the Code
On the other hand there are certain provisions which are such that the regular police cannot comply with them and thus they point to the conclusion that it is the special police officer alone who is to take any 701 action which the police has to take in connection with the offences under the Act
Section 14 makes offences under the Act cognizable which according to the Code means that persons accused of those offences can be arrested without a warrant and section 157 of the Code specially mentions that the investigating officer if necessary is to take measures for the discovery and the arrest of the offender and yet the power to arrest without a warrant is not given to the regular police but under the proviso to this section is to be exercised by the special police officer or under his direction or guidance or subject to his prior approval
The provisions of proviso iii correspond to the provision of section 57 of the Code and others refer to special circumstances in which a police officer not below the rank of an inspector specially authorised by the special police officer can arrest without warrant
Section 15 provides for searches without warrant by the special police officer
This section does not specifically state that the special police officer alone willsearch without warrant but it is clear from the provisions of this section that officers of the regular police force will not search without warrant and thus will not exercise the power given under section 165 of the Code
All the provisions of section 15 correspond to those of section 165 of the Code
Further in view of sub section
2 of section 15 the special police officer is required to include at least one woman among the search witnesses
There is no such restriction in section 103 of the Code
If a regular police officer is to conduct search in pursuance of the powers conferred under section 165 of the Code he is not bound to include a woman among the search witnesses
Further sub sections
4 and 5 of section 15 authorise a special police officer to remove any girl found in the promises searched if she be under twenty one years of age and is carrying on prostitution
Such a girl is to be pro duced before the appropriate Magistrate
The ordinary regular police officer conducting search under section 165 of the Code will not be able to do anything with respect to such a girl found in the premises 89 702 searched by him
These provisions clearly indicate that the regular police officers are not to exercise any powers in connection with the offences and the other purposes of this Act
The entire police duties in connection with the purposes of the Act within a certain area have been put in the charge of a special police officer
There must be a definite purpose behind the provision of appointing a police officer in charge of the police duties within a specified area for the purpose of this Act
If the ordinary police can also perform the police duties for the purposes of the Act there can be no special reason for making the provision for the appointment of a special police officer
The expression police duties  will include all the functions of the police in connection with the purpose of the Act and in the special context of the Act they will include the detection pre vention and investigation of offences and the other duties which have been specially imposed on them under the Act
According to section 13 of the Act there shall be for each area to be specified by the State Government a special police officer appointed by or on behalf of that Government for dealing with offences under the Act in that area 
The expression dealing with offences  is of wide import and will include any act which the police has to do in connection with the offences under the Act
In this connection we have been referred to the provisions of section 5 of the Criminal Procedure Code which reads All offences under the Indian Penal Code shall be investigated inquired into tried and otherwise dealt with according to the provisions hereinafter contained
2 All offences under any other law shall be investigated inquired into tried and otherwise dealt with according to the same provisions but subject to any enactment for the time being in force regulating the manner or place of investigating inquiring into trying or otherwise dealing with such offences
 It is submitted that the expression dealt with  must 703 mean something which is not included in investigation inquiry or trial
This does not necessarily follow from the provisions of this section
The word otherwise  points to the fact that the expression dealt with  is all comprehensive and that investigation inquiry and trial were some aspects of dealing with  the offences
Further according to sub section
3 of section 13 the special police officer is to be assisted for the efficient discharge of his functions in relation to offences under this Act by a number of subordinate police officers and will be advised by a non official advisory body
The expression functions in relation to offences  do include his functions connected with the investigation of the offences
There is no reason to exclude such functions from the functions contemplated by sub section
The suggestion that the special police officer would be very heavily worked in case he had to perform all the ordinary duties of the police connected with the investigation of offences in addition to the duties conferred on him under the Act does not go far in putting a different interpretation on the powers of the special police officer
He is to be assisted by his sub
ordinate police officers
They can investigate both under the implication of the provisions of section 13 as they are to assist the special police officer and also on deputations by the special police officer in view of section 157 of the Code
Section 5A of the Prevention of Corruption Act 1947 Act 11 of 1947 provides that notwithstanding anything contained in the Code of Criminal Procedure no police officer below the rank of officers mentioned in clauses a b and c shall investigate any of the offences mentioned in that Section
The provision was made in a prohibitive form because the police officers below the ranks mentioned were not to exercise their power of investigation unless a Magistrate specially ordered them to investigate
The provision was not with respect to conferring any special powers on any particular officer
It was just to restrict the powers of certain officers with respect to investigating certain offences in certain circumstances
704 The difference in the language of section 5A of the Prevention of Corruption Act from that of section 13 of the Act is therefore of no help to the contention for the State
If the power of the special police officer to deal with the offences under the Act and therefore to investigate into the offences be not held exclusive there can be then two investigations carried on by two different agencies one by the special police officer and the other by the ordinary police
It is easy to imagine the difficulties which such duplication of proceedings can lead to
There is nothing in the Act to co ordinate the activities of the regular police with respect to cognizable offences under the Act and those of the special police officer
The special police officer is a police officer and is always of the rank higher than a Sub Inspector and therefore in view of section 551 of the Code can exercise the same powers throughout the local area to which he is appointed as may be exercised by the officer in charge of a police station within the limits of his station
We are therefore of opinion that the special police officer is competent to investigate and that he and his assistant police officers are the only persons competent to investigate offences under the Act and that police officers not specially appointed as special police officers cannot investigate the offences under the Act even though they are cognizable offences
The result is that this appeal by the Delhi Administration fails and is hereby dismissed
MUDHOLKAR J
The point which arises for consideration in this appeal is whether a charge sheet presented by a station house officer alleging against the respondent certain offences under the Suppression of Immoral Traffic in Women and Girls Act 1956 Act No CIV of 1956 hereinafter called the Act is bad because the investigation into those offences was carried out not by a special police officer appointed under the Act but by the station house officer
The respondent is alleged to be a pimp and said to 705 have committed offences under section 8 of the Act
Inves tigation into the offences was made by the officer incharge of the Kamla Market Police Station and a charge sheet was presented by him before a First Class Magistrate in Delhi
Similar charge sheets were put up against certain other persons
An objection was taken before the Magistrate in all these cases that the charge sheets were bad because the investigation into the various offences was not made by the special police officer referred to in the Act
This objection was upheld by the Magistrate and the charge sheets were rejected
An application for revision was preferred by the Delhi Administration before the High Court of Punjab
But that application was also rejected
Thereupon the Administration sought a certificate from the High Court under article 1341c of the Constitution which the High Court granted
That is how the present appeal came to be preferred before this Court
The High Court following the decision in Kuppammal In re 1 held that an offence under the Act must be investigated only by one of the officers mentioned in section 13 and that a charge sheet based upon the investigation made by any other police officer is bad and must be quashed
In my opinion the view taken by the Madras High Court and accepted by the Punjab High Court is untenable
The Act creates certain new offences prescribes the placing of certain restrictions upon persons found guilty of those offences provides for the appointment of a special police officer and for the constitution of an Advisory Board confers certain special powers upon the special police officer em
powers Magistrates to order the closure of brothels and eviction of the offenders from the premises occupied by them as well as for the removal of prostitutes from any place and also makes a provision for the establishment of protective homes as well as em
powers Magistrates to order detention of women and girls in such protective homes in certain circumstances
In addition it provides for the making of rules
1 ILR 706 According to my brother Raghubar Dayal J since the Act creates new offences and prescribes the procedure for dealing with them it is a complete code in itself Therefore according to him to that extent the provisions of the Act must prevail over those of the Code of Criminal Procedure 1898
Further according to him since the Act provides for the appointment of a special police officer for dealing with offences under this Act in the area within his jurisdiction it is he and he alone who can investigate into an offence under the Act committed within that area
It would be convenient to refer to the provisions of section 5 of the Code of Criminal Procedure which runs thus 1 All offences under the Indian Penal Code shall be investigated inquired into tried and otherwise dealt with according to the provisions hereinafter contained
2 All offences under any other law shall be investigated inquired into tried and otherwise dealt with according to the same provisions but subject to any enactment for the time being in force regulating the manner or place of investigating inquiring into trying or otherwise dealing with such offen ces
 Sub section 2 would prima facie apply to cases arising under the Suppression of Immoral Traffic in Women and Girls Act except to the extent that its provisions are abrogated or superseded by the aforesaid Act
While sub section
1 provides that only an offence under the Penal Code must be investigated in accordance with the provisions of the Code of Criminal Procedure sub section
2 provides that offences under any other law shall be investigated inquired into tried and otherwise dealt with according to the provisions of the Code subject to any enactment for the time being in force regulating the manner or place of investigating inquiring into trying or otherwise dealing with such offences
 What has to be ascertained therefore is whether in the Act in question there are any provisions which regulate the manner of carrying out an investigation of offences thereunder because 707 here we are concerned only with the limited question of the power of a station house officer to investigate into an offence under the Act
A bare perusal of the Act would show that there is no provision therein which confers upon the special police officer appointed thereunder the power to investigate into an offence made punishable by the Act
Such power is however sought to be deduced from the provisions of sub section
1 of section 13 which reads thus 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 offences under this Act in that area
 It is said that the words underlined are wide enough to include the power to investigate into offences
These are general words and are undoubtedly of wide import
But they must be construed in the light of the other provisions of the Act
The Act confers certain specific powers and imposes certain specified duties on a special police officer
It is to these matters that the words dealing with offences must be confined
If it were the intention of the legislature to confer upon a special police officer the sole power to investigate into an offence under the Act it would have enacted a provision similar to section 5A in the Prevention of Corruption Act 1947 2 of 1947
This Act was before the Parliament when it enacted the Act in question and it would be reasonable to presume that if Parliament intended to confer similar power upon a special police officer appointed under this Act it would have used the same language for expressing its will as it did in section 5A of the Prevention of Corruption Act
Offences under the Act have been made cognizable by section 14 thereof
Therefore prima facie section 1561 of the Code of Criminal Procedure would apply and an officer in charge of a police station would have the power to investigate into such an offence
No doubt by virtue of the provisions of sub section
2 of section 5 of the Code of Criminal Procedure the provisions of section 156 Criminal Procedure Code would be subject to those provisions of the Act which bear on the question of 708 investigation into offences
Had Parliament desired that the provisions of section 156 of the Code of Criminal Procedure should not apply to offences under the Act it would in view of the provisions of sub section
2 of section 5 of the Code of Criminal Procedure have been careful enough to make express provisions in the Act regulating the manner of investigation of offences thereunder and specifying the officer entitled to make the investigation so as to exclude a police officer entitled under the Code of Criminal Procedure to investigate into offences
In my judgment it would not have left the matter to mere conjecture and rested content by using the expression dealing with offences under this Act which on its face is inadequate for excluding the operation of section 166 Code of Criminal Procedure
Investigation inquiry and trial of offences are definite stages in the process of bringing a delinquent to book
Each stage is distinct from the other and the legislature has made it quite clear in section 5 of the Code of Criminal Procedure itself that they are important enough to be mentioned specifically
To make the point clearer it would be useful to compare the provisions of sub section
1 of section 13 of the Act with those of sub sections
1 and 2 of section 5 of the Code of Criminal Procedure
While in the former Parliament has merely used the words dealing with offences under the Act in the latter the words used are investigating in quiring into trying or otherwise dealing with such offences No doubt the expression dealing with offences would according to its ordinary connotation include the stages of investigation inquiry and trial
But the legislature has specifically referred to the aforesaid three stages because of their importance and apparently for obviating any doubt as to its intention
When Parliament had before it the Code of Criminal Procedure and in particular the provisions of section 5 and section 156 thereof it would have used in sub section
1 of section 13 of the Act language similar to that used by it in sub 2 of section 5 Criminal Procedure Code if it were its intention to include in sub section
1 of section 13 matters like investigation inquiry and trial or any of 709 them
It would therefore be legitimate to infer that when Parliament spoke in section 131 of a special police officer being empowered to deal with offences under the Act it did not intend to confer upon him the power to investigate into an offence under the Act
It was pointed out to us that a special police officer shall not be below the rank of an Assistant Commissioner of Police in the towns of Madras and Calcutta and a Superintendent of Police in
the Presidency Town of Bombay and a Deputy Superintendent of Police elsewhere and therefore such police officer would have the power to investigate into an offence
That however would be not by force of the provisions of sub section
1 of section 13 of the Act but by that of the provisions of section 551 of the Code of Criminal Procedure which runs thus Police officers superior in rank to an officer incharge of a police station may exercise the same powers throughout the local area to which they are appointed as may be exercised by such officer within the limits of his station
 I would like to make it clear that it is not my view that a special police officer appointed under the Act cannot have the power to investigate into an offence under the Act but what I hold is that he does not derive such power from sub section 1 of section 13 of the Act
It is only under section 551 of the Code of Criminal Procedure that he may be able to exercise the power to investigate into an offence under the Act
It was said by reference to the definition of special police officer in section 21 of the Act that since such an officer is to be in charge of police duties within a specified area he would have the power to investigate into an offence
The expression police duties is not defined anywhere in the Act
But we were referred to section 23 of the Police Act in this connection
The relevant part of that section runs thus It shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority to collect and communicate intelligence affecting the 90 710 public peace to prevent the commission of offences and public nuisances to detect and bring offenders to justice   The suggestion is that the words to detect and bring offenders to justice are comprehensive enough to include the power to investigate
It is sufficient to say that the duties enjoined upon police officers by section 23 are something quite apart from those which are enjoined upon them by the Code of Criminal Procedure
The investigation into an offence is a matter of some importance
Statements recorded therein have considerable value and can be used for contra
dieting witnesses questioned during investigation
It is for this reason that detailed provisions have been incorporated in the Code of Criminal Procedure dealing with this subject
It is only when an investigation is completed that a police officer is empowered to present a charge sheet
Neither the Police Act nor the Suppression of Immoral Traffic in Women and Girls Act contains any provision whatsoever with regard to the making of an investigation or presentation of a charge sheet
It would therefore not be appropriate to read in the words deal with offences the power to investigate into them and present a charge sheet
The High Court of Punjab as well as the High Court of Madras have held not only that section 131 of the Act confers power upon special police officer to investigate into an offence under the Act but that the power conferred is exclusive
I am unable to appreciate how even assuming that the words deal with offences confer upon a special police officer the power to investigate into an offence under the Act and present a charge sheet the powers of an officer in charge of a station house within whose jurisdiction an offence under the Act has been committed are excluded
There is not a whisper in section 131 of the Act of the exclusion of the powers of an officer in charge of a police station
It is suggested that unless it is so held a confusion will result because the special police officer as well as the officer in charge of a police station will 711 each exercise his power to investigate into an offence under the Act
I do not think that there would be a danger of such simultaneous exercise of the power to investigate by two officers
The offence will have to be registered at the police station within the limits of the jurisdiction of which the offence has taken place
Thereafter it would be investigated into by the officer at whose instance it was registered
If that officer happens to be a station house officer the special police officer may take out the investigation from his hands or allow him to continue it
If the offence is registered at the instance of the special police officer the station house officer would be bound to know of it from the station house records and would stay his hands
Upon this view therefore I would allow the appeal set aside the judgment of the High Court and of the Magistrate and remit the case to the latter for being dealt with according to law
By COURT In accordance with the opinion of the majority this appeal is dismissed
Appeal dismissed


Summary:
The respondent was prosecuted for an offence under section 8 of the Suppression of Immoral Traffic in Women and Girls Act 1956 and a charge sheet was presented before a First Class Magistrate in Delhi by a sub inspector who as the officer in charge of the Police Station had investigated the case
On an objection raised by the respondent the Magistrate quashed the charge sheet on the ground that only the special police officer appointed under the Act was competent to investigate the offences under the Act
Held Mudholkar J dissenting that since the Suppression of Immoral Traffic in Women and Girls Act 1956 created new offences and prescribed the procedure for dealing with them it was a complete code in itself and to that extent the provisions of the Act must prevail over those of the Code of Criminal Procedure 1898 that as the Act provided for the appointment of a special police officer for dealing with offences under the Act in the area within his jurisdiction he and his assistant police officers were the only persons who could investigate offences under the Act committed within that area and that police officers not specially appointed as special police officers could not 695 investigate the offences under the Act even though they were cognizable offences
per Mudholkar J A special police officer appointed under the Suppression of Immoral Traffic in Women and Girls Act 1956 and empowered to deal with offences under the Act under section 131 derives the power to investigate into such offences not from that section but only under section 551
of the Code of Criminal Procedure
Even assuming that the words deal with offences
in section 131 confer upon a special police officer the power to investigate into an offence under the Act and present a charge sheet the powers of an officer in charge of a station house within whose jurisdiction an offence under the Act has been committed are not excluded by any of the provisions of the Act