Central Bureau of Investigation (CBI) in relation to Socio-Economic Offences.

1. Socio-Economic Offences
Central Bureau of Investigation
Submitted By:-
Dhruv Jain

2. Introduction
 Central Bureau of Investigation (CBI) is the foremost investigating police agency in
India and is involved in major criminal, corruption and investigation cases.
 It is an anti-corruption body in the country. It looks the matters related to crime and
it is also the Interpol agency in India.
 CBI was established in 1941 as the Special Police Establishment, tasked with
domestic security. It was renamed the Central Bureau of Investigation on 1st April
1963. Its motto is "Industry, Impartiality, Integrity".
 Agency headquarter situated at New Delhi, with field offices located in major cities
throughout India.
 The CBI is overseen by the Department of Personnel and Training of the Ministry of
Personnel, Public Grievances and Pensions of the Union Government, headed by a
Union Minister who reports directly to the Prime Minister.
 The current CBI director is Sh. Rishi Kumar Shukla.

3. Vision of CBI
The motto of CBI is "Industry, Impartiality and Integrity". The vision of CBI is to
focus on the following:
1. Combating corruption in public life, curb economic and violent crimes through
meticulous investigation and prosecution.
2. Evolve effective systems and procedures for successful investigation and
prosecution of cases in various law courts.
3. Help fight cyber and high technology crime.
4. Create a healthy work environment that encourages team-building, free
communication and mutual trust.
5. Support state police organizations and law enforcement agencies in national and
international cooperation particularly relating to enquiries and investigation of
cases.
6. Play a lead role in the war against national and transnational organized crime.
7. Uphold Human Rights, protect the environment, arts, antiques and heritage of our
civilization.
8. Develop a scientific temper, humanism and the spirit of inquiry and reform.
9. Strive for excellence and professionalism in all spheres of functioning so that the
organization rises to high levels of endeavor and achievement.

4. History
 The Central Bureau of Investigation 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 Dept. of India during World War II.
 Superintendence of the S.P.E. was vested with the War Department.
 In 1943, an Ordinance was issued by the Government of India, by which a Special
Police Force was constituted and vested with powers for the investigation of
certain offences committed in connection with the departments of the Central
Government committed anywhere in British India.
 As a need for a Central Government Agency to investigate cases of bribery and
corruption was felt even after the end of the war, the Ordinance issued in 1943,
which had lapsed on 30th September, 1946 was replaced by Delhi Special Police
Establishment Ordinance of 1946.
 Subsequently, the same year Delhi Special Police Establishment Act, 1946 was
brought into existence.

5.  The Delhi Special Police Establishment Act transferred the superintendence of
the SPE to the Home Department and its functions were enlarged to cover all
departments of the Govt. of India.
 The DSPE acquired its current name, Central Bureau of Investigation
(CBI), but, it is still governed by the 1946 Act.
 Initially the offences that were notified by the Central Government related only
to corruption by Central Govt. servants. With the nationalization of the banks in
1969, the Public Sector Banks and their employees also came within the ambit
of the CBI.
 Since early 1980's, constitutional courts also started referring cases to CBI for
enquiry/investigation on the basis of petitions filed by the aggrieved persons in
cases of murders, dowry deaths, rape etc.
 In view of these developments, it was decided in 1987 to have two
investigation Divisions in CBI namely:
 Anti Corruption Division and
 Special Crimes Division.

6. Selection committee
 The amended Delhi Special Police Establishment Act empowers a committee to
appoint the director of CBI. The committee consists the following people:
 Prime Minister – chairperson
 Leader of Opposition – member
 Chief Justice of India or a Supreme Court Judge recommended by the Chief
Justice – member
 When making recommendations, the committee considers the views of the outgoing
director.
 Above Selection committee was constituted under The Lokpal and Lokayuktas Act,
2013. Before this central vigilance commissioner, under CVC Act, had this power.

7. Jurisdiction powers, privileges and
liabilities
 CBI derives power to investigate from the Delhi Special Police Establishment
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.
 The Central Government may extend to any area, (except Union Territories),
the powers and jurisdiction of members of the CBI for investigation subject to
the consent of the Government of the concerned State.
 Members of the CBI at or above the rank of sub-inspector may be considered
officers in charge of police stations.
 Under the Act, the CBI can investigate only with notification by the central
government.

8.  Section 2 of the Act vests DSPE with jurisdiction to investigate offences in the Union
Territories only.
 However, the jurisdiction can be extended by the Central Government to other areas
including Railway areas and States under Section 5(1) of the Act, provided the State
Government accords consent under Section 6 of the Act.
 The executive officers of CBI of the rank of Sub Inspector and above, exercise all
powers of a station office in-charge of the police station for the concerned area for the
purpose of investigation.
 As per Section 3 of the Act, Special Police Establishment is authorised to investigate
only those cases, which are notified by the Central Government from time to time.

9. High Courts and the Supreme Court
 The High Courts and the Supreme Court have the jurisdiction to order a CBI
investigation into an offense alleged to have been committed in a state
without the state's consent, according to a five-judge constitutional bench of
the Supreme Court held in State of West Bengal & Ors. v. The Committee
for Protection of Democratic Rights, West Bengal & Ors. (2010) 3 SCC
571.
 The bench ruled: Being the protectors of civil liberties of the citizens, this
Court and the High Courts have not only the power and jurisdiction but also
an obligation to protect the fundamental rights, guaranteed by Part III in
general and under Article 21 of the Constitution in particular, zealously and
vigilantly.
 The court clarified this is an extraordinary power which must be exercised
sparingly, cautiously and only in exceptional situations.

10. Right To Information (RTI)
 CBI is exempted from the provisions of the Right to Information Act, 2005.
 This exemption was granted by the government on 9 June 2011 (with similar
exemptions to the National Investigating Agency (NIA), the Directorate
General of Income Tax Investigation and the National Intelligence Grid
(Natgrid) on the basis of national security.
 It was criticized by the Central Information Commission and RTI activists, who
said the blanket exemption violated the letter and intent of the RTI Act.

11. S.Vijayalakshmi v. Union Of India,
W.P.No.14788 of 2011
 The Supreme Court observed that:
“…During the hearing, the appellant submitted that the sought for information should
be provided to him as it involves larger public interest and are related to corruption and
corrupt practices indulged in by the said organisation. In such situations, the exemption
provided u/s 24 of the RTI Act cannot be fully claimed. The CBI is a just like a police
organisation of Central Government undertaking investigations related to corruption
cases, financial fraud etc. Their main duty is investigation only. He also submitted hat
as per Supreme Court Judgment, the CBI is duty bound to upload all its FIRs on its
website like other police establishment. So CBI is like other police stations authorised
to register FIR, file charge sheets and conduct prosecution and appeals in criminal
cases. Actually it is not entitled to blanket exemption from the applicability of RTI
Act under Section 24 because its main function is to conduct investigation into cases of
such nature.”

12. Criticism
 According to my opinion, CBI's political overtones, has been exposed by
former officials such as Joginder Singh and B.R. Lall (director and joint
director, respectively) as engaging in nepotism, wrongful prosecution and
corruption.
 According to B.R. Lall, Who Owns CBI, detailed how investigations are
manipulated and derailed.
 Corruption within the organisation has been revealed in information obtained
under the RTI Act, and RTI activist Krishnanand Tripathi has alleged
harassment from the CBI to save itself from exposure via RTI.
 Normally, cases assigned to the CBI are sensitive and of national importance. It
is standard practice for state police departments to register cases under its
jurisdiction; if necessary, the central government may transfer a case to the
CBI.
 The agency has been criticised for its mishandling of several scams. It has also
been criticized for dragging its feet investigating prominent politicians, such as
P.V. Narasimha Rao, Jayalalithaa, Lalu Prasad Yadav, Mayawati and Mulayam
Singh Yadav; this tactic leads to their acquittal or non-prosecution.

13. THANK YOU