INTRODUCTION
The CBI (Central Bureau of
Investigation) was first conceived in 1941 as the Special Police
Establishment by the then Government of India in accordance with CBI
Constitution.
The basic purpose for the establishment
of this institution was the realization that the massive expenditures incurred
by the government on the war had created a situation which allowed both
officials and non-official persons to profit from, at the cost of the Indian
government and the economy.
The inadequacy of the police to deal
with such problems was apparent, since these bodies, functioning under the
government, were unable to properly investigate cases involving government
officials. Thus, these circumstances warranted the setting up of a new and
separate organization which would focus only on the cases of bribery and
corruption (which were plaguing the country) which lead to CBI Constitution.
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Structure Of The CBI
Since CBI Constitution, the Delhi
Special Police Establishment was converted into one of the branches of the CBI
and came to be known as ‘Investigation and Anti-Corruption’ division.
The DSPE, at that time, had over 14
branches across the country, each headed by a Superintendent of Police. There
were also two other branches called the Central Investigating Agency (CIA) and
the Fraud Squad. Though both of these branches had its offices in Delhi, their
jurisdiction stretched all across the territory of our country.
The Central Investigating Agency was
in charge of collecting critical information about cases of bribery and
corruption. This squad was generally called in for intricate cases which
involved complexities that required specialized knowledge and skill.
The Fraud Squad mainly deals with cases
of cheating, fraud and such which involved government
officials. Later, its jurisdiction was expanded to include investigating
serious offences under the Companies Act, 1956, which involved Joint Stock
Companies.
Presently, the following are the
part of CBI Constitution, that take care of the different offences that
the CBI currently investigates:
- Anti-Corruption
Division:
This division is responsible for the collection of information which
regards to cases of bribery and corruption, and tasks related to
preventive aspects of corruptions. They investigate cases against public
servants under the control of the Central Government and cases against
public servants working under state authorities who come under the
jurisdiction of the CBI.
- Special
Crimes Division:
This division of the CBI investigates cases relating to a wide variety of
crimes and offences like murders, kidnappings, rapes, cheating and so on,
which are committed by organised criminal families and gangs, who pose a
major threat to the public tranquillity and safety. CBI also undertakes
investigation and prosecution of other IPC offences as well as offences
under local and special laws notified under the DSPE Act.
- Economic
Offences Division:
This part of the CBI was instituted on the 29th of
April, 1963. It deals with various economy-related offences as mentioned
in section 3 of the DSPE Act. These offences include acts like serious
frauds in Banks, Stock Exchanges, Joint Stock companies, Public Limited
Companies and so on.
- Directorate
of Prosecution: This
division deals with the legal actions on people who have been arrested by
the other divisions. Its functions include conducting and supervising the
cases pending trial, appeal and revision in courts.
- Policy
and Coordination Division: The Policy Division deals with all those matters which
involve policy, procedure, organization, vigilance and security. Other
important tasks include correspondence with ministries, publicity and the
implementation of special programmes regarding vigilance and security in
the CBI.
- Central
Forensic laboratory: This
division includes a forensic Science laboratory to help out with
investigations being conducted by both, the police and the officers of the
CBI.
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The director is selected by a
committee consisting of the Prime Minister, the Leader of the Opposition and
the Chief Justice of India as per the provisions of the CVC Act of 2003. The director so selected has a
term of two years. Other important ranks in the CBI includes the Special
Director, Additional Director, Joint Director, Deputy Inspector General of
Police, Senior Superintendant of Police and so on. All of the abovementioned
officers are recruited through SSC or through deputation from the police and
Income Tax Department.
Legal Powers In CBI Constitution
The legal powers and the jurisdiction
mentioned in CBI Constitution are to investigate various cases flows from
the Delhi Special Police Establishment Act, 1946.
The provisions of the Act not only
talk about the power and the jurisdiction of the authority but also enumerate
the duties, privileges and liabilities that can be conferred by the officers
working under the Central Bureau of Investigation.
Section 3 of the DSPE Act confers
upon the CBIs concurrent and co-extensive powers to carry out the investigation
of the offences mentioned under the same section. Furthermore, the Central
Government has the power to extend the jurisdiction of the CBI to any area,
except union territories, that falls within the geographical boundaries of our
country, subject to the consent of the state so concerned (Section 6 of the
DSPE Act).
Apart from this, all the officers of
the CBI who hold the rank of Sub-Inspector and above can exercise, in the
relevant territories, all those powers which can be exercised by the officer in
charge of the police station in those areas.
However, these powers are subject to
conditions imposed by the Central and State Governments. Therefore, any officer
of the CBI, who holds the position of Sub-inspector or more, has the same powers,
duties and functions in relation to the investigation of offences and arrests
as those of the local police under the CrPC, 1973.
An additional power conferred in
the CBI Constitution is that CBI can correspond with and demand
information from any Ministry or Department of the central or State Government.
The information so asked for has to be provided to the CBI even though there is
no such statutory provision providing the CBI with such powers.
The officers of the CBI also have
the added power of being exempt from the provisions of the Right to Information
Act of 2005 as per a notification of the Central Government dated June 9th,
2011.
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Jurisdiction of CBI
The legal powers of investigation of
CBI are derived from the Delhi Special Police Establishment Act (DSPE) 1946.
This Act confers concurrent and coextensive powers, duties, privileges and
liabilities on the members of (CBI) with Police Officers of the Union
Territories.
The Central Government may extend to
any area, besides Union Territories, the powers and jurisdiction of members of
the CBI for investigation subject to the consent of the government of the
concerned state. The CBI can investigate only such of the offences as are
notified by the Central Government under the DSPE Act.
Jurisdiction of CBI Vs State Police
Law and Order is a State subject and
the basic jurisdiction to investigate crime lies with State Police. Besides,
due to limited resources, CBI would not be able to investigate crimes of all
kind. CBI may investigate:
- Cases which are essentially
against Central Govt. employees or concerning affairs of the Central Govt.
- Cases in which the financial
interests of the Central Government are involved.
- Cases relating to the breaches
of Central Laws with the enforcement of which the Government of India is
mainly concerned.
- Big cases of fraud, cheating,
embezzlement and the like relating to companies in which large funds are
involved and similar other cases when committed by organised gangs or
professional criminals having ramifications in several States.
- Cases having interstate and
international ramifications and involving several official agencies where,
from all angles, it is considered necessary that a single investigating
agency should be incharge of the investigation.
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Privileges and liabilities
The legal powers of investigation of
CBI are derived from the DSPE Act 1946. This Act confers concurrent and
coextensive powers, duties, privileges and liabilities on the members of Delhi
Special Police Establishment (CBI) with Police Officers of the Union
Territories. TheCentral Government may extend to any area, besides Union
Territories, the powers and jurisdiction of members of the CBI for
investigation subject to the consent of the Government of the concerned State
Govt. While exercising such powers, members of the CBI of or above the rank of
Sub Inspector shall be deemed to be officers incharge of Police Stations of
respective jurisdictions. The CBI can investigate only such of the offences as
are notified by the Central Government under the DSPE Act.
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