India - History, Power , Functions of Central Bureau of Investigation – Know About Delhi Special Police Establishment Act 1946 – CBI
India - History, Power , Functions of Central Bureau of Investigation – Know About Delhi Special Police Establishment Act 1946 – CBI
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The CBI is the official Interpol unit for India.
The CBI is a central subject under the Constitution of India, meaning that it reports to the Indian Government and not to the individual states.
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 Department. Of India during World War II. Superintendence of the S.P.E. was vested with the War Department.
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. This 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 jurisdiction of the SPE extended to all the Union Territories and could be extended also to the States with the consent of the State Government concerned.
The Delhi Special Police Establishment Act acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated 1.4.1963.
Initially the offences that were notified by the Central Government related only to corruption by Central Govt. servants.
In due course, with the setting up of a large number of public sector undertakings, the employees of these undertakings were also brought under CBI purview.
Similarly, with the nationalization of the banks in 1969, the Public Sector Banks and their employees also came within the ambit of the CBI.
The founder director of the CBI was Shri D.P. Kohli who held office from 1st April, 1963 to 31st May, 1968.
Before this, he was Inspector-General of Police of the Special Police Establishment from 1955 to 1963.
Before that he held responsible positions in police in Madhya Bharat, Uttar Pradesh and Govt. of India.
He was Police Chief in Madhya Bharat before joining the SPE.
From 1965 onwards, the CBI has also been entrusted with the investigation of Economic Offences and important conventional crimes such as murders, kidnapping, terrorist crimes, etc., on a selective basis.
The SPE initially had two Wings. They were the General Offences Wing (GOW) and Economic Offences Wing (EOW).
The GOW dealt with cases of bribery and corruption involving the employees of Central Government and Public Sector Undertakings.
The EOW dealt with cases of violation of various economic/fiscal laws.
Under this set-up, the GOW had at least one Branch in each State and the EOW in the four metropolitan cities, i.e., Delhi, Madras, Bombay and Calcutta.
These EOW Branches dealt with offences reported from the Regions, i.e., each Branch had jurisdiction over several States.
in 1987 two investigation divisions in the CBI were constituted namely, Anti-Corruption Division and Special Crimes Division, the latter dealing with cases of conventional crime, besides economic offences.
The powers and functions of CBI are limited to specific crimes based on Acts (mainly the Delhi Special Police Establishment Act, 1946).
The legal powers of investigation of CBI are derived from the Delhi Special Police Establishment Act, 1946.
The CBI is headed by a Director, an IPS Officer of the rank of Director General of Police or Commissioner of Police (State)
Director is selected based on the procedure laid down by CVC Act 2003 and has a tenure of 2 years.
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.
Important Provisions, powers, functions of the Delhi Special Police Establishment Act, 1946.
Short title and extent.- (1) This Act may be called the Delhi Special Police Establishment Act, 1946.
Section 3 –
The Central Government may, by notification in the Official Gazette, specify the offences or classes of offences which are to be investigated by the Delhi Special Police Establishment.
Section 4 –
The administration of the said police establishment shall vest in an officer appointed in this behalf by the Central Government (hereinafter referred to as the Director) who shall exercise in respect of that police establishment such of the powers exercisable by an Inspector-General of Police in respect of the police force in a State as the Central Government may specify in this behalf.
Section 4 A –
Committee for appointment of Director.-
(1) The Central Government shall appoint the Director on the recommendation of the Committee consisting of :-
(a) the Central Vigilance Commissioner - Chairperson
(b) Vigilance Commissioners - Members
(c) Secretary to the Government of India in-charge of the Ministry of Home Affairs in the Central Government - Members
(d) Secretary (Co-ordination and Public Greivances the Cabinet Secretariat - Member
(2) While making any recommendation under sub-section (1), the Committee shall take into consideration the views of the outgoing Director.
(3) The Committee shall recommend a penal of officers-
(a) On the basis of seniority, integrity and experience in the investigation of anti-corruption cases; and
(b) Chosen from amongst belonging the Indian Police Service constituted under the All-India Services Act, 1951 (61 of 1951), for being considered for appointment as the Director.
The Director is to be appointed by the Central Government on the recommendation of the Committee consisting of
(i) the Central Vigilance Commissioner as Chairperson
(ii) Vigilance Commissioners as Members
(iii) Secretary to the Government of India incharge of the Ministry of Home Affairs in the Central Government as Member
(iv) Secretary Coordination and Public Grievances in the Cabinet Secretariat as Member.
Section 4 B –
4B. Terms and Conditions of service of Director-
(1) The director shall notwithstanding anything to the contrary contained in the rules relating to his conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes office
(2) The Director shall not be transferred except with the previous consent of the Committee referred to in sub-section (1) of section 4 A.
4C. Appointment for posts of Superintendent of Police and above, extension and curtailment of their tenure, etc.
(1) The Committee referred to in section 4A shall, after consulting the Director, recommend officers for appointment to the posts of the level of Superintendent of Police and above and also recommend the extension or curtailment of the tenure of such officers in the Delhi Special Police Establishment.
(2) On receipt of the recommendation under sub-section (1), the Central Government shall pass such orders as it thinks fit to give effect to the said recommendation.
Section 6 – Consent of State Require
Consent of State Government to exercise of powers and jurisdiction. _ Noting contained in section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in 5[a State not being a Union Territory or railways area], Without the consent of the Government of that State.]
Section 6 A –
Approval of Central Government to conduct inquiry or investigation.-
(1) The Delhi Special Police Establishment shall not conduct any enquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act,1988 (49 of 1988) except with the previous approval of the Central Government where such allegation relates to
(a) the employees of the Central Government of the Level of Joint Secretary and above ;and
(b) such officers as are appointed by the Central Government in corporations established by or under any Central Act, Government Companies, Societies and local Authorities owned or controlled by that Government.
Without the previous approval of the Central Government the Delhi Special Police Establishment cannot conduct any inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, 1988, where the employees of the Central Government are of the level of Joint Secretary and above.
The other important ranks in the CBI are
• Special Director,
• Additional Director,
• Joint Director,
• Deputy Inspector General of Police,
• Senior Superintendent of Police,
• Superintendent of Police,
• Additional Superintendent of Police,
• Deputy Superintendent of Police,
• Inspector, Sub-Inspector,
• Assistant Sub-Inspector,
• Head Constable,
• Senior Constable
• Constable
Jurisdiction of CBI and State Police Jurisdiction –
Law and Order is a State subject and the basic jurisdiction to investigate crime lies with State Police.
CBI investigates Cases related with Central Government employees, affairs of the central government.
CBI is not independent agency.
CBI has to obey politicians, law makers.
CBI needs permission from Government to investigate matter.
CBI is under Prime Minister.
The CBI is directly under the control of Central Government. It runs almost like its department. It has been misused for political purposes almost by all successive governments and parties.
CBI has the powers but is not independent. It is directly controlled by the government.
Also, CBI needs government’s permission to initiate investigations and to launch prosecution in any case.
Reality Views by sm –
Friday, February 11, 2011