Various Security Forces and agencies and their mandate: PART 7- CBI
CENTRAL BUREAU OF INVESTIGATION (CBI)
The Central Bureau of Investigation (CBI) is a premier investigating police agency in India, and is an elite force which plays a major role in preservation of values in public life and in ensuring the health of the national economy. It is a governmental agency under Government of India. The services of its investigating officers are irrefutably sought for by all major criminal probes in the country. The CBI is the official Interpol unit for India.
The agency was established in 1941 as the Special Police Establishment, and was tasked with simple domestic security outlining. The Central Bureau of Investigation was later established on 1 April 1963. Its motto is "Industry, Impartiality, and Integrity".
The agency headquarters is a state-of-the-art building located in the capital, New Delhi. The agency has other field offices located in major cities throughout India, such as Mumbai. The CBI is controlled by the Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pension of the Union Government, which is usually headed by a Union Minister who reports directly to the Prime Minister. While analogous in structure to the FBI, the CBI's powers and functions are severely limited to specific crimes based on Acts (mainly the Delhi Special Police Establishment Act, 1946).
The CBI is dependent upon five different ministries of the Government of India for its functioning:
1. the Ministry of Home Affairs for cadre clearance
2. the DoPT for administration to whom it reports for day-to-day working, allocation of funds and induction of officers
3. the Union Public Service Commission for officers above the rank of Deputy SP
4. the Law and Justice Ministry for appointing and paying salaries to the public prosecutors
5. the Central Vigilance Commission for all anti-corruption cases
Widening Role
As the CBI, over the years, established a reputation for impartiality and competence, demands were made on it to take up investigation of more cases of conventional crime such as murder, kidnapping, terrorist crime, etc. Apart from this, even the Supreme Court and the various High Courts of the country also started entrusting such cases for investigation to the CBI on petitions filed by aggrieved parties. Taking into account the fact that several cases falling under this category were being taken up for investigation by the CBI, it was found expedient to entrust such cases to the Branches having local jurisdiction.
It was therefore decided in 1987 to constitute two investigation divisions in the CBI, namely, Anti-Corruption Division and Special Crimes Division, the latter dealing with cases of conventional crime, besides economic offences.
1. Can CBI take over the investigation of a criminal case registered by the State Police?
Yes, it can, in the following situations
(i) The concerned State Government makes a request to that effect and the Central Government agrees to it (Central Government generally seeks comment of CBI before deciding upon the request of the State)
(ii) The State Government issues notification of consent under section 6 of the DSPE Act and the Central Government issues notification under section 5 of the DSPE Act
(iii) The Supreme Court or High Courts orders CBI to take up such investigations.
2. Who exercises supervision over CBI?
The superintendence of CBI related to investigation of offences under the Prevention of Corruption Act, 1988 lies with the Central Vigilance Commission (CVC) and in other matters with the Department of Personnel & Training (DOPT) in the Ministry of Personnel, Pension & Grievances of the Government of India.
3. What types of Crime CBI investigate today?
CBI has grown into a multidisciplinary investigation agency over a period of time. Today it has the following three divisions for investigation of crime:-
(i) Anti-Corruption Division - for investigation of cases under the Prevention of Corruption Act, 1988 against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India - it is the largest division having presence almost in all the States of India.
(ii) Economic Offences Division - for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime.
(iii) Special Crimes Division - for investigation of serious, sensational and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts.
The laws under which CBI can investigate Crime are notified by the Central Government under section 3 of the DSPE Act.
4. Can CBI suo-moto take up investigation of any crime anywhere in the Country?
No. As per section 2 of the DSPE Act, CBI can suo-moto take up investigation of offences notified in section 3 only in the Union Territories. Taking up investigation by CBI in the boundaries of a State requires prior consent of that State as per Section 6 of the DSPE Act. The Central Government can authorize CBI to investigate such a crime in a State but only with the consent of the concerned State Government. The Supreme Court and High Courts, however, can order CBI to investigate such a crime anywhere in the country without the consent of the State.
5. Does CBI perform any other important function other than investigation of crime?
Yes. CBI has been notified as the Interpol of India. CBI has a training academy in Ghaziabad, where it organizes training courses in various subjects not only for its own officers but for officers from other countries as well as from State & UT police organizations, vigilance officers of Public Sector Undertakings, Banks etc.
Overview
1. A growing need was felt for a Central Police Agency at disposal of the Central Government which could investigate not only cases of bribery and corruption, but also violation of Central fiscal laws, major frauds relating to Government of India departments, public joint stock companies, passport frauds, crimes on the high seas, crimes on the Airlines and serious crimes committed by organized gangs and professional criminals. Therefore, the Government of India set up Central Bureau of Investigation by a resolution dated 1st April, 1963 with the following divisions:
i. Investigation & Anti Corruption Division (Delhi Special Police Establishment)
ii. Technical Division
iii. Crime Records and Statistics Division
iv. Research Division
v. Legal and General Division
vi. Administration Division
2. The Investigation & Anti Corruption Division (Delhi Special Police Establishment) was entrusted with the following mandate in the resolution although it continued to derive its jurisdiction and powers from DSPE Act, 1946.
i. Cases in which public servants under the control of the Central Government are involved either by themselves or along with State Government servants and/or other persons.
ii. Cases in which the interests of the Central Government, or of any public sector project or undertaking, or any statutory corporation or body set up and financed by the Government of India are involved.
iii. Cases relating to breaches of Central Laws with the enforcement of which the Government of India is particularly concerned, e.g.
a. Breaches of Import and Export Control Orders
b. Serious breaches of Foreign Exchange Regulation Act,
c. Passport frauds
d. Cases under the Official Secrets Act pertaining to the affairs of the Central Government.
e. Cases of certain specified categories under the Defence of India Act or Rules with which the Central Government is particularly concerned
iv. Serious cases of cheating or fraud relating to the Railways, or Posts & Telegraphs Department, particularly those involving professional criminals operating in several States.
a. Crime on the High Seas
b. Crime on the Airlines
v. Important and serious cases in Union Territories particularly those by professional criminals.
vi. Serious cases of fraud, cheating and embezzlement relating to Public Joint Stock Companies.
vii. Other cases of a serious nature, when committed by organized gangs or professional criminals, or cases having ramifications in several States including Union Territories, serious cases of spurious drugs, important cases of kidnapping of children by professional inter State gangs, etc. These cases will be taken up only at the request of or with the concurrence of the State Governments/Union Territories Administrations concerned.
viii. Collection of intelligence about corruption in the public services and the projects and undertakings in the public sector.
ix. Prosecution of cases investigated by this Division.
x. Presentation of cases before Enquiry Offices in which departmental proceedings are instituted on the recommendation of this Division.
2. CBI was further strengthened by addition of an Economic Offences Wing by a Government of India Resolution dated 29.2.1964. At this time, CBI had two investigation Wings; one called the General Offences Wing which dealt with cases of bribery and corruption involving employees of Central Government/PSUs and the other Economic Offences Wing, which dealt with cases of violation of fiscal laws.
3. In September, 1964 a Food Offences Wing was formed to collect intelligence regarding hoarding, black marketing, smuggling and profiteering in food grains and take up such cases having inter-state ramifications in view of the situation prevailing at that time. It was merged in the Economic Offences Wing in 1968.
4. With the passage of time, requests were made by various quarters for CBI to take up investigation even in conventional crimes like assassinations, kidnappings, hijackings, crimes committed by extremists, violation of Official Secrets Act, large scale Banks and Insurance Frauds etc. and others specific cases like Bhagalpur Blindings, Bhopal Gas Tragedy etc. 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, the latter dealing with cases of conventional crimes as well as economic offences.
5. Even after the establishment of Special Crimes Division, Special Cells were created to take up investigations in important & sensational cases of conventional nature, e.g., Special Investigation Team (SIT) was constituted in 1991 to investigate cases relating to the assassination of Shri Rajiv Gandhi, Special Investigation Cell-IV was created in 1992 to investigate cases relating to the demolition of Babri Majid in Ayodhya and Special Task Force was created in 1993 to take up investigation relating to bomb blast in Bombay. Bank Frauds and Securities Cell was created in 1992 to investigate cases related to Bank Frauds & Securities scams.
6. Over a period of time, some of the work originally allotted to the CBI was transferred to other organizations. Part of the work relating to Crime Records and Statistics Division was transferred to NCRB and that relating to Research Division was transferred to BPR&D.
7. Due to increased work load relating to Securities Scam cases and rise in economic offences with the liberalization of Indian economy, a separate Economic Offences Wing was established in 1994 consequent to the approval of reorganization plan of the CBI. Accordingly, three investigation Divisions were created in CBI. (a) Anti Corruption Division - To deal with cases of corruption and fraud committed by public servants of all Central Government Departments, Central Public Sector Undertakings and Central Financial Institutions. (b) Economic Crimes Division - To deal with bank frauds, financial frauds, Import Export & Foreign Exchange Violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc. (c) Special Crimes Division - To deal with cases of terrorism, bomb blasts, sensational homicides, kidnapping for ransom and crimes committed by the mafia/underworld.
8. Pursuant to the direction of Hon'ble Supreme Court in Vineet Narian and others vs. Union of India, the existing Legal Division was reconstituted as the Directorate of Prosecution in July 2001. As on date, CBI has the following Divisions:
i. Anti Corruption Division
ii. Economic Offences Division
iii. Special Crimes Division
iv. Directorate of Prosecution
v. Administration Division
vi. Policy & Coordination Division
vii. Central Forensic Science Laboratory
2. Over the years, the Central Bureau of Investigation has emerged as a premier investigating agency of the country which enjoys the trust of the people, Parliament, Judiciary and the Government. In the last 65 years, the organization has evolved from an anti corruption agency to a multi faceted, multi disciplinary central police – law enforcement agency with capability, credibility and legal mandate to investigate and prosecute offences anywhere in India. As on date offences under 69 existing Central and 18 State Acts, 231 offences under the Indian Penal Codes have been notified by the Central Government under section 3 of the DSPE Act.
3. Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organization. With enactment of CVC Act, 2003 the Superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission. Director, CBI has been provided security of two year tenure in CBI by the CVC Act, 2003. The CVC Act also provides mechanism for selection of Director, CBI and other officers of the rank of SP and above in CBI.
The Central Bureau of Investigation (CBI) is a premier investigating police agency in India, and is an elite force which plays a major role in preservation of values in public life and in ensuring the health of the national economy. It is a governmental agency under Government of India. The services of its investigating officers are irrefutably sought for by all major criminal probes in the country. The CBI is the official Interpol unit for India.
The agency was established in 1941 as the Special Police Establishment, and was tasked with simple domestic security outlining. The Central Bureau of Investigation was later established on 1 April 1963. Its motto is "Industry, Impartiality, and Integrity".
The agency headquarters is a state-of-the-art building located in the capital, New Delhi. The agency has other field offices located in major cities throughout India, such as Mumbai. The CBI is controlled by the Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pension of the Union Government, which is usually headed by a Union Minister who reports directly to the Prime Minister. While analogous in structure to the FBI, the CBI's powers and functions are severely limited to specific crimes based on Acts (mainly the Delhi Special Police Establishment Act, 1946).
The CBI is dependent upon five different ministries of the Government of India for its functioning:
1. the Ministry of Home Affairs for cadre clearance
2. the DoPT for administration to whom it reports for day-to-day working, allocation of funds and induction of officers
3. the Union Public Service Commission for officers above the rank of Deputy SP
4. the Law and Justice Ministry for appointing and paying salaries to the public prosecutors
5. the Central Vigilance Commission for all anti-corruption cases
Widening Role
As the CBI, over the years, established a reputation for impartiality and competence, demands were made on it to take up investigation of more cases of conventional crime such as murder, kidnapping, terrorist crime, etc. Apart from this, even the Supreme Court and the various High Courts of the country also started entrusting such cases for investigation to the CBI on petitions filed by aggrieved parties. Taking into account the fact that several cases falling under this category were being taken up for investigation by the CBI, it was found expedient to entrust such cases to the Branches having local jurisdiction.
It was therefore decided in 1987 to constitute two investigation divisions in the CBI, namely, Anti-Corruption Division and Special Crimes Division, the latter dealing with cases of conventional crime, besides economic offences.
1. Can CBI take over the investigation of a criminal case registered by the State Police?
Yes, it can, in the following situations
(i) The concerned State Government makes a request to that effect and the Central Government agrees to it (Central Government generally seeks comment of CBI before deciding upon the request of the State)
(ii) The State Government issues notification of consent under section 6 of the DSPE Act and the Central Government issues notification under section 5 of the DSPE Act
(iii) The Supreme Court or High Courts orders CBI to take up such investigations.
2. Who exercises supervision over CBI?
The superintendence of CBI related to investigation of offences under the Prevention of Corruption Act, 1988 lies with the Central Vigilance Commission (CVC) and in other matters with the Department of Personnel & Training (DOPT) in the Ministry of Personnel, Pension & Grievances of the Government of India.
3. What types of Crime CBI investigate today?
CBI has grown into a multidisciplinary investigation agency over a period of time. Today it has the following three divisions for investigation of crime:-
(i) Anti-Corruption Division - for investigation of cases under the Prevention of Corruption Act, 1988 against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India - it is the largest division having presence almost in all the States of India.
(ii) Economic Offences Division - for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime.
(iii) Special Crimes Division - for investigation of serious, sensational and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts.
The laws under which CBI can investigate Crime are notified by the Central Government under section 3 of the DSPE Act.
4. Can CBI suo-moto take up investigation of any crime anywhere in the Country?
No. As per section 2 of the DSPE Act, CBI can suo-moto take up investigation of offences notified in section 3 only in the Union Territories. Taking up investigation by CBI in the boundaries of a State requires prior consent of that State as per Section 6 of the DSPE Act. The Central Government can authorize CBI to investigate such a crime in a State but only with the consent of the concerned State Government. The Supreme Court and High Courts, however, can order CBI to investigate such a crime anywhere in the country without the consent of the State.
5. Does CBI perform any other important function other than investigation of crime?
Yes. CBI has been notified as the Interpol of India. CBI has a training academy in Ghaziabad, where it organizes training courses in various subjects not only for its own officers but for officers from other countries as well as from State & UT police organizations, vigilance officers of Public Sector Undertakings, Banks etc.
Overview
1. A growing need was felt for a Central Police Agency at disposal of the Central Government which could investigate not only cases of bribery and corruption, but also violation of Central fiscal laws, major frauds relating to Government of India departments, public joint stock companies, passport frauds, crimes on the high seas, crimes on the Airlines and serious crimes committed by organized gangs and professional criminals. Therefore, the Government of India set up Central Bureau of Investigation by a resolution dated 1st April, 1963 with the following divisions:
i. Investigation & Anti Corruption Division (Delhi Special Police Establishment)
ii. Technical Division
iii. Crime Records and Statistics Division
iv. Research Division
v. Legal and General Division
vi. Administration Division
2. The Investigation & Anti Corruption Division (Delhi Special Police Establishment) was entrusted with the following mandate in the resolution although it continued to derive its jurisdiction and powers from DSPE Act, 1946.
i. Cases in which public servants under the control of the Central Government are involved either by themselves or along with State Government servants and/or other persons.
ii. Cases in which the interests of the Central Government, or of any public sector project or undertaking, or any statutory corporation or body set up and financed by the Government of India are involved.
iii. Cases relating to breaches of Central Laws with the enforcement of which the Government of India is particularly concerned, e.g.
a. Breaches of Import and Export Control Orders
b. Serious breaches of Foreign Exchange Regulation Act,
c. Passport frauds
d. Cases under the Official Secrets Act pertaining to the affairs of the Central Government.
e. Cases of certain specified categories under the Defence of India Act or Rules with which the Central Government is particularly concerned
iv. Serious cases of cheating or fraud relating to the Railways, or Posts & Telegraphs Department, particularly those involving professional criminals operating in several States.
a. Crime on the High Seas
b. Crime on the Airlines
v. Important and serious cases in Union Territories particularly those by professional criminals.
vi. Serious cases of fraud, cheating and embezzlement relating to Public Joint Stock Companies.
vii. Other cases of a serious nature, when committed by organized gangs or professional criminals, or cases having ramifications in several States including Union Territories, serious cases of spurious drugs, important cases of kidnapping of children by professional inter State gangs, etc. These cases will be taken up only at the request of or with the concurrence of the State Governments/Union Territories Administrations concerned.
viii. Collection of intelligence about corruption in the public services and the projects and undertakings in the public sector.
ix. Prosecution of cases investigated by this Division.
x. Presentation of cases before Enquiry Offices in which departmental proceedings are instituted on the recommendation of this Division.
2. CBI was further strengthened by addition of an Economic Offences Wing by a Government of India Resolution dated 29.2.1964. At this time, CBI had two investigation Wings; one called the General Offences Wing which dealt with cases of bribery and corruption involving employees of Central Government/PSUs and the other Economic Offences Wing, which dealt with cases of violation of fiscal laws.
3. In September, 1964 a Food Offences Wing was formed to collect intelligence regarding hoarding, black marketing, smuggling and profiteering in food grains and take up such cases having inter-state ramifications in view of the situation prevailing at that time. It was merged in the Economic Offences Wing in 1968.
4. With the passage of time, requests were made by various quarters for CBI to take up investigation even in conventional crimes like assassinations, kidnappings, hijackings, crimes committed by extremists, violation of Official Secrets Act, large scale Banks and Insurance Frauds etc. and others specific cases like Bhagalpur Blindings, Bhopal Gas Tragedy etc. 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, the latter dealing with cases of conventional crimes as well as economic offences.
5. Even after the establishment of Special Crimes Division, Special Cells were created to take up investigations in important & sensational cases of conventional nature, e.g., Special Investigation Team (SIT) was constituted in 1991 to investigate cases relating to the assassination of Shri Rajiv Gandhi, Special Investigation Cell-IV was created in 1992 to investigate cases relating to the demolition of Babri Majid in Ayodhya and Special Task Force was created in 1993 to take up investigation relating to bomb blast in Bombay. Bank Frauds and Securities Cell was created in 1992 to investigate cases related to Bank Frauds & Securities scams.
6. Over a period of time, some of the work originally allotted to the CBI was transferred to other organizations. Part of the work relating to Crime Records and Statistics Division was transferred to NCRB and that relating to Research Division was transferred to BPR&D.
7. Due to increased work load relating to Securities Scam cases and rise in economic offences with the liberalization of Indian economy, a separate Economic Offences Wing was established in 1994 consequent to the approval of reorganization plan of the CBI. Accordingly, three investigation Divisions were created in CBI. (a) Anti Corruption Division - To deal with cases of corruption and fraud committed by public servants of all Central Government Departments, Central Public Sector Undertakings and Central Financial Institutions. (b) Economic Crimes Division - To deal with bank frauds, financial frauds, Import Export & Foreign Exchange Violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc. (c) Special Crimes Division - To deal with cases of terrorism, bomb blasts, sensational homicides, kidnapping for ransom and crimes committed by the mafia/underworld.
8. Pursuant to the direction of Hon'ble Supreme Court in Vineet Narian and others vs. Union of India, the existing Legal Division was reconstituted as the Directorate of Prosecution in July 2001. As on date, CBI has the following Divisions:
i. Anti Corruption Division
ii. Economic Offences Division
iii. Special Crimes Division
iv. Directorate of Prosecution
v. Administration Division
vi. Policy & Coordination Division
vii. Central Forensic Science Laboratory
2. Over the years, the Central Bureau of Investigation has emerged as a premier investigating agency of the country which enjoys the trust of the people, Parliament, Judiciary and the Government. In the last 65 years, the organization has evolved from an anti corruption agency to a multi faceted, multi disciplinary central police – law enforcement agency with capability, credibility and legal mandate to investigate and prosecute offences anywhere in India. As on date offences under 69 existing Central and 18 State Acts, 231 offences under the Indian Penal Codes have been notified by the Central Government under section 3 of the DSPE Act.
3. Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organization. With enactment of CVC Act, 2003 the Superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission. Director, CBI has been provided security of two year tenure in CBI by the CVC Act, 2003. The CVC Act also provides mechanism for selection of Director, CBI and other officers of the rank of SP and above in CBI.
To be continued...
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