Patna (Bihar) [India], September 5 (ANI): The Central Bureau of Investigation (CBI) will now need to seek prior permission from the Bihar government before conducting any investigation involving officers or employees of the state government, according to a notification issued by the Home Department (Police Branch) under the Bihar Government.
The notification, issued in the name of the Governor of Bihar "in exercise of the powers conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, and in supersession of all previous notifications on this subject," grants general consent for the CBI to investigate offences allegedly committed by employees of the Government of India or Public Sector Undertakings (PSUs) under the Government of India, as well as private individuals, under the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023, the Information Technology Act, 2000, and the Prevention of Corruption Act, 1988 (as amended).
However, the order sets out a specific exception for cases involving the state's own machinery. It states, "Provided that, when the related offense involves public servants appointed in connection with the affairs of the Government of Bihar, or employees of any corporation, company, or bank owned and controlled by the Government of Bihar, or any institution receiving financial assistance from the Government of Bihar, it shall be mandatory to obtain the prior consent of the Government of Bihar for the investigation of such an offense by the Delhi Special Police Establishment."
The notification further clarifies that such consent will not be automatic but evaluated individually. "Additionally, the State Government will consider and take a decision on granting the power to investigate on a case-by-case basis upon receipt of a proposal from the Delhi Special Police Establishment."
According to CBI, the agency traces its origin to the Special Police Establishment (SPE), which was set up in 1941 by the Government of India. The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Deptt. Of India during World War II. Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt. The Delhi Special Police Establishment Act was therefore brought into force in 1946. The CBI's power to investigate cases is derived from this Act. (ANI)
Bihar Govt mandates prior consent for CBI probes involving state public servants
