Patna: The Bihar government has made it mandatory for the Central Bureau of Investigation (CBI) to obtain prior consent before investigating officers and employees connected with the state government. The decision follows a notification issued by the Home Department’s Police Branch under the authority of the Governor of Bihar.
The order continues to provide general consent for the CBI to investigate certain offences involving Central Government employees, Central PSUs and private individuals. However, cases involving Bihar government employees and institutions linked to the state will now require specific approval before the agency can proceed.
Prior Consent Required for Bihar State Officials
The notification has been issued under Section 6 of the Delhi Special Police Establishment Act, 1946, which governs the CBI’s investigative jurisdiction in states. It also supersedes previous notifications issued on the subject.
Under the new arrangement, the CBI can continue to investigate offences involving employees of the Government of India and public sector undertakings under the Central Government, as well as private individuals, within the scope specified in the notification.
The rule changes the process when an investigation involves Bihar’s own administrative machinery.
Prior consent will be mandatory when the alleged offence involves:
- Public servants appointed in connection with the affairs of the Government of Bihar
- Employees of corporations, companies or banks owned and controlled by the Bihar government
- Employees or officials of institutions receiving financial assistance from the state government
This means the CBI cannot automatically begin an investigation involving these categories without first approaching the Bihar government for permission.
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Consent Will Be Decided Case by Case
The notification also makes clear that permission will not be granted automatically.
Once the CBI, formally referred to in the order as the Delhi Special Police Establishment, submits a proposal, the Bihar government will examine the matter and take a decision on whether to permit the investigation.
This introduces a case-by-case approval mechanism for investigations involving state-controlled institutions and public servants.
The provision could therefore have a direct bearing on how future CBI investigations involving Bihar government employees are initiated. Rather than blanket permission, each proposed investigation concerning the specified state categories will require consideration by the state government.
General Consent Remains for Central Employees and Private Individuals
The Bihar notification does not withdraw general consent across the board.
The CBI retains general consent to investigate offences allegedly committed by employees of the Government of India and Central PSUs, along with private individuals, under several laws mentioned in the notification.
These include the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, the Information Technology Act, 2000, and the Prevention of Corruption Act, 1988, as amended.
The distinction is therefore between cases involving Central Government or private individuals and those involving Bihar’s own public servants and state-supported institutions.
Why the CBI Consent Rule Matters
The CBI operates under the legal framework created by the Delhi Special Police Establishment Act. Section 6 of the Act provides the basis for extending the agency’s powers to a state with the required consent.
For Bihar’s bureaucracy, the latest notification establishes a more defined process for CBI investigations involving state government personnel.
It also places the state government at an important decision-making point before such investigations can begin. Any proposal involving the specified categories of Bihar officials or state-controlled entities will have to be examined individually.
For governance, the move highlights the continuing balance between central investigative powers and the administrative jurisdiction of state governments.
CBI’s Origins Date Back to 1941
The notification also refers to the history of the CBI and its predecessor organisation.
According to the CBI, the agency traces its origins to the Special Police Establishment (SPE), established by the Government of India in 1941. The SPE was initially created to investigate bribery and corruption linked to transactions involving the War & Supply Department during World War II.
After the war, the need for a central agency to investigate corruption involving Central Government employees continued. This led to the enactment of the Delhi Special Police Establishment Act in 1946, which forms the statutory foundation for the agency’s investigative powers.
The CBI was subsequently established as the country’s premier central investigative agency, with its powers deriving from the legal framework created through the DSPE Act.
A New Framework for State-Level CBI Investigations
The Bihar government’s latest notification creates a clear distinction between CBI investigations involving Central Government personnel and those involving Bihar’s state machinery.
For cases concerning Bihar government employees, state-controlled companies, corporations, banks or financially aided institutions, the agency will first need to seek state consent. The government will then assess each proposal before deciding whether to allow the investigation.
The development is significant for Bihar’s administrative and policing framework as it defines the procedure for central agency investigations involving state public servants. It also underscores the role of state consent in the functioning of the CBI within the federal structure.
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