The Central Bureau of Investigation (CBI) is the domestic crime investigating agency of India. It operates under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions. Originally set up to investigate bribery and governmental corruption, in 1965 it received expanded jurisdiction to investigate breaches of central laws enforceable by the Government of India, multi-state organised crime, multi-agency or international cases. CBI is exempted from the provisions of the Right to Information Act. CBI is India's officially designated single point of contact to act as the liaison with Interpol. The CBI headquarter is located in CGO Complex, near Jawaharlal Nehru Stadium in New Delhi.https://ijlr.iledu.in/wp-content/uploads/2024/10/V4I41.pdf CBI study
History
Special Police Establishment The Bureau of Investigation traces its origins to the Special Police Establishment (SPE), a Central Government Police force, which was set up in 1941 by the Government of India to investigate bribery and corruption in transactions with the War and Supply Department of India. It had its headquarters in Lahore. The Superintendent of the SPE was Qurban Ali Khan, who later opted for Pakistan during the Partition of India. The first legal adviser of the War Department was Rai Sahib Karam Chand Jain. After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees. Sahib Karam Chand Jain remained its legal advisor when the department was transferred to the Home Department by the 1946 Delhi Special Police Establishment Act.
CBI directors
Organisation
The CBI is headed by a Director, an IPS officer with a rank of Director general of police. The current director of CBI is Praveen Sood, who was the former DG and IGP of Karnataka state police. The director is selected by a high-profile committee constituted under The Delhi Special Police Establishment (DSPE) Act, 1946 as amended through The Lokpal and Lokayuktas Act, 2013, and has a two-year term which can be extended for another three years.
The senior leadership is filled through deputation from the Indian Police Service cadre, such as at the levels of Additional Director, Joint Director, and Superintendent of Police, and also through deputation from various State Police Services at the ranks of Additional Superintendent of Police, Deputy Superintendent of Police, and Inspector. The CBI also has its own cadre officers, recruited directly at the rank of Sub-Inspector.
Unconstitutional status
Gauhati High Court had given a verdict on 6 November 2013 that CBI is unconstitutional and does not hold a legal status. However, the Supreme Court of India stayed this verdict when challenged by the central government and the next hearing on this is fixed on 6 December 2013. It continues to derive its powers from Delhi Special Police Establishment Act, 1946.
Demand for greater autonomy Demanding independent investigations, the CBI said that although it deferred to the government's authority in non-corruption cases, the agency felt that sufficient financial and administrative powers were required by the director (including a minimum three-year tenure to ensure "functional autonomy"). "As such, it is necessary that the director, CBI, should be vested with ex-officio powers of the Secretary to the Government of India, reporting directly to the minister, without having to go through the DoPT", the agency said, adding that financial powers were not enough and it wanted a separate budget allocation.
Appointment Committee and Selection committee The CBI Director is appointed, for not less than a term of two years, by the Appointment Committee on recommendation of Selection Committee as mentioned in DSPE Act 1946 amended through the Lokpal & Lokayukta Act 2013 and CVC Act, 2003 respectively. The Appointment Committee consists of: Prime MinisterChairperson Leader of Opposition of Loksabha or the Leader of the single largest opposition party in the Lok Sabha, if the former is not present due to lack of mandated strength in the Lok Sabha - member Chief Justice of India or a Supreme Court Judge recommended by the Chief Justicemember
The Selection Committee constituted under Delhi Special Police Establishment Act 1946 nominates a certain number of names to the Appointment Committee, one among whom the Appointment Committee appoints as the CBI director. The Selection Committee consists of: Central Vigilance CommissionerChairpersonVigilance CommissionersMembersSecretary to the Government of India in-charge of the Ministry of Home Affairs in the Central GovernmentMembersSecretary, Co-ordination and Public Grievances, Cabinet SecretariatMember The NDA government, on 25 November 2014, moved an amendment bill to do away with the requirement of quorum in high-profile committee while recommending the names for the post of director CBI to the central government by introducing the clause "no appointment of a (CBI) director shall be invalid merely by reason of any vacancy or absence of members in the panel" and to replace the Leader of the Opposition (LOP) with the leader of the single largest opposition party or pre-election coalition.
Infrastructure
CBI headquarters is a , 11-storey building in New Delhi. The building is equipped with a modern communications system, an advanced record-maintenance system, storage space, computerised access control and an additional facility for new technology. Interrogation rooms, cells, dormitories and conference halls are provided. The building has a staff cafeteria with a capacity of 500, gyms, a terrace garden, and bi-level basement parking for 470 vehicles. Advanced fire-control and power-backup systems are provided, in addition to a press briefing room and media lounge.
Bharatpol On January 7, 2025, the Indian Home Minister Amit Shah, launched the CBI developed Bharatpol platform. It will help streamline the communication between local law enforcement authorities and Interpol. Rapid and secure transmission of Interpol notices will be guaranteed by the platform. 195 countries' Interpol references will be integrated for global assistance. Local agencies would be able to access the 195 countries' support requests instantly. Additionally, it will streamline capacity-building programs and document management and interchange. Requests for real-time data exchange, including the sending of Red Corner Notices (RCNs) and other alerts over a worldwide network, will be responded to by Bharatpol more quickly both domestically and internationally. Crimes like cybercrime, illegal drug trade, arms trafficking, human trafficking, and terrorism will be addressed with the assistance of Bharatpol. It will have access to 19 different kinds of Interpol databases.
Rank structure Insignia Hierarchy in CBI Equivalent rank in state police Grade/level on pay matrix Basic Pay Director of the CBI Director General of Police Apex Scale (Pay level 17) Special Director Special Director General of Police HAG+ Scale (Pay level 16) — Additional Director Additional Director General of Police HAG Scale (Pay level 15) — Joint Director Inspector General of Police SAG scale (Pay level 14) — Deputy Inspector General (DIG) Deputy inspector general of police Selection grade (Pay level 13A) — Superintendent Senior Superintendent of Police Selection Grade (Pay level 13) — Superintendent of Police Junior Administrative Grade (Pay level 12) — Additional Superintendent Addl Superintendent of Police Senior time scale (Pay level 11) — Deputy Superintendent Deputy Superintendent of Police Junior time scale (Pay level 10) — Inspector Inspector of Police Group 'B' Non-gazetted (Pay level 7) — Sub-inspector Sub-inspector of police Group 'B' Non-gazetted (Pay level 6) — Assistant sub-inspector Assistant sub-inspector of police Group 'C' Non-gazetted (Pay level 5) — Head constable Head constable Group 'C' Non-gazetted (Pay level 4) — Constable Constable Group 'C' Non-gazetted (Pay level 3) —
CBI Academy The CBI Academy in Ghaziabad (east of Delhi) began in 1996. It is about from the New Delhi railway station and about from Indira Gandhi International Airport. The campus, with fields and plantations, houses the administrative, academic, hostel and residential buildings. Before the academy was built a small training centre at Lok Nayak Bhawan, New Delhi, conducted short-term in-service courses. The CBI then relied on state police-training institutions and the Sardar Vallabhbhai Patel National Police Academy in Hyderabad for basic training courses for deputy superintendents of police, sub-inspectors and constables.
Jurisdiction, powers and restrictions In 2022, responding to a question, The Minister of state in the Prime Minister's office informed Rajya Sabha that a total of nine states had withdrawn general consent to the CBI to investigate cases in those states. The states include West Bengal, Maharashtra, Kerala and Punjab. In June 2023, Tamil Nadu became the ninth state to withdraw consent.
Investigation of corruption cases The CBI is the primary investigative agency for corruption cases involving Central Government employees under the Prevention of Corruption Act (PC Act) and the Delhi Special Police Establishment (DSPE) Act. However, the scope of its jurisdiction has been subject to legal interpretations.
In a significant ruling, the Kerala High Court held that the Vigilance and Anti-Corruption Bureau (VACB), a state anti-corruption agency, also possesses the authority to investigate corruption cases involving Central Government employees within the state. The court reasoned that neither the PC Act nor the DSPE Act explicitly prohibits state agencies from investigating such cases.
This ruling underscores the complexities surrounding the jurisdiction of investigative agencies in corruption matters. While the CBI holds primary responsibility, state anti-corruption agencies may also possess concurrent jurisdiction in certain circumstances, depending on the specific provisions of relevant legislation and judicial interpretations.
The High Court observed that neither the Prevention of Corruption Act (PCA) nor the Delhi Special Police Establishment (DSPE) Act of 1946 explicitly prohibits state anti corruption agencies or state police from investigating corruption cases involving Central Government employees. Moreover, neither act grants exclusive investigative authority to the CBI, the Central Vigilance Commission, or any other Central Government entity.
The court, therefore, held that "the VACB, being a specially constituted agency to investigate bribery, corruption and misconduct mainly under the PC Act is always clothed with the authority to investigate offences involving corruption that take place within the State, whether it is committed by a Central government employee or a State Government employee.
Relationship with state police
The CBI was originally constituted under the Delhi Special Police Establishment Act to operate within the territory of Delhi. As policing and law is a subject that falls within state powers under the structure of Indian federalism, the CBI needs prior consent from other state governments in order to conduct investigations within their territory. This consent can be in the form of a 'general consent' under Section 6 of the Delhi Special Police Establishment Act, which remains in operation for all investigations until it is revoked, or alternatively, a 'specific consent' authorising investigations in individual cases. Once consent is granted, the CBI can investigate economic, corruption, and special crimes (including national security, drugs and narcotics, etc.)