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Unlawful Activities (Prevention) Act, 1967

Section 43: Officers competent to investigate offence under Chapters IV and VI

Notwithstanding anything contained in the Code, no police officer,—

(a) in the case of the Delhi Special Police Establishment, constituted under sub-section (1) of section 2 of the Delhi Special Police Establishment Act, 1946 (25 of 1946), below the rank of a Deputy Superintendent of Police or a police officer of equivalent rank;

(b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmedabad and any other metropolitan area notified as such under sub-section (1) of section 8 of the Code, below the rank of an Assistant Commissioner of Police;

[(ba) in the case of National Investigation Agency, below the rank of Inspector];

(c) in any case not relatable to clause (a) [or clause (ba)], below the rank of a Deputy Superintendent of Police or a police officer of an equivalent rank,

Shall investigate any offence punishable under Chapter IV or VI.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 43

  • Agency Chennai Branch v. Barakathullah etc.
    2024 INSC 45222 May 2024Appeal(s) allowed

    The respondents-accused were arrested for the alleged offences under section 120(b), 153(A), 153(AA) of IPC and Section 13, 17, 18, 18(B), 38 and 39 of the Unlawful Activities (Prevention) Act, 1957. The High Court…

  • The State of West Bengal v. Jayeeta Das
    2024 INSC 31318 April 2024Appeal(s) allowed

    Whether the order dated 07.04.2022, whereby the Chief Judge cum City Sessions Court permitted the addition of the offences under Unlawful Activities (Prevention) Act, 1967 to the case suffer from any illegality or…

  • Gautam Navlakha v. National Investigation Agency
    2021 INSC 29512 May 2021Dismissed