CBI

 

Central Bureau of Investigation

(1) General/Introduction

Central Bureau of Investigation (CBI) is a government agency that serves as a Criminal investigation body, national security agency and intelligence agency. But it must be made clear in no uncertain terms that the Central Bureau of Investigation (CBI) is neither an intelligence gathering agency nor a security organization. It is an 138 investigative agency assigned legally the job of exposing rather than concealing. The Central Bureau of Investigation (CBI) was established vide Resolution No. 4/31/61- T dated 1st April, 1963 of the Ministry of Home Affairs, Govt, of India. Central Bureau of Investigation (CBI) was formed with one ofthe most impressive motto i.e. “Industry, Impartiality, Integrity”. The Central Bureau of Investigation (CBI) is controlled by the Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pension ofthe Union Government usually headed by a Union Minister who reports directly to the Prime Minister. The Central Bureau of Investigation (CBI) is the official Interpol unit for India. The Central Bureau of Investigation (CBI) traces its origin to the (SPE) Special Police Establishment i.e. Vishesh Police Sansthapan, which was set up in 1941 by the Govt of India. The functions ofthe SPE were to investigate cases of bribery and corruption in transactions with the War & Supply Department of India during World War-II. The Superintendent of the SPE was vested with the War Department. Even after the end ofthe 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 (DSPE) Act was therefore brought into force in 1946. This Act transferred the superintendence ofthe Special Police Establishment (SPE) to the Home Department and its functions were enlarged to cover all departments ofthe 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 founder director of the CBI was D.P. Kohli and he laid the solid foundation on which the organization grew over the decades to become what it is today.

Historical Background ofCentral Bureau ofInvestigation (CBI) It was during the early stages of the World War-II, that the Government of India realized that the vast increase in expenditure for war efforts had provided opportunities to unscrupulous and anti-social persons, both official and non official, for indulging the bribery and corruption. The government set up (SPE) Special Police Establishment under a DIG in the then Departments of war, through an executive order in 1941, with the mandate to investigate cases of bribery and corruption in the transactions with which the War and Supply Department was concerned. The activities of SPE were extended in 1942 to include cases of 139 corruption in Railways also as it was concerned with the movement and supply of war materials. In 1943, an ordinance was issued by the Government, Constituting a special Police Force vested with powers for investigations of certain offences committed by servants of Central Government. Since, the need for a Central Government Agency to investigation cases of bribery and corruption was felt even after the end of the war, the ordinance which lapsed on September 30, 1946, was replaced by Delhi Special Police Establishment Ordinance of 1946. Delhi Special Police Establishment Act 1946 (DS PE Act) came into existence, in the same year i.e. 1946. After Promulgation of the Act, Superintendence of SPE (Special Police Establishment) was transferred to the Home Department and its functions were enlarged to cover all departments of the Government of India. The Jurisdiction of SPE was extended to all the Union territories and the Act provided for its extension to the States with the consent of the State Government. The Headquarters of SPE was shifted to Delhi and the organization was placed under the charge of Director, Intelligence Bureau. However, in 1948, a post of Inspector General of Police, Special Police Establishment (SPE) was created and the organization was placed under the charge of Director, Intelligence Bureau. However in 1948, a post of Inspector General ofPolice, SPE was created and the organization was placed under the charge of Director, Inelegance Bureau. However in 1948, a post of Inspector General of Police, Special Police Establishment (SPE) was created and the organization was placed under his charge. An Enforcement Wing was added to the Special Police Establishment (SPE) in 1953 to deal with offences under the Import and Export Control Act. As the time passed, more and more cases under various laws other than Prevention ofCorruption Act and violations ofImport and Export Control Act also came to be entrusted to the Special Police Establishment (SPE.). By 1963, Special Police Establishment (SPE) was authorized to investigate offences under 91 different sections of Indian Penal Code and 16 other Central Acts, besides offences under the Prevention ofCorruption Act, 1947. A growing need was felt for a Central Police Agency at the disposal ofthe 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 (CBI) by a Resolution dated.

 1st April, 1963 It had the following divisions

 (i) Investigation and 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

The Investigation and Anti Corruption Division (DSPE) was entrusted with the following mandate in the Resolution although it continued to derive its Jurisdiction and powers from DSPE Act, 1946.

Cases in which public servants under the control ofthe Central Government were involved either by themselves or along with State Government Servants and / or other persons.

 Cases in which the interests of the Central Government or of any public sector project on undertaking, or any statutory corporation or body set up and financed by the Government ofIndia were involved.

Cases relating to breaches of Central Laws with the enforcement of which the Government ofIndia was particularly concerned, e.g.

Passport Frauds

 Breaches ofImport and Export Control Orders.

Cases of Certain specified categories under the Defense ofIndia Act or Rules with which the Central Government was particularly concerned.

 Serious breaches of Foreign Exchange Regulation Act.

Crime on the High Seas

Crime on the Airlines

 Important and serious cases in Union Territories, particularly those by professional Criminals.

Serious Cases of fraud, cheating and embezzlement relating to Public Joint Stock Companies.  Serious cases of cheating or fraud relating to the Railways or Posts & Telegraphs Department.

Other cases of a serious nature, when committed by organized gangs or professional criminals, or cases having ramifications in several states, including union territories. Cases of suspicious drugs, kidnapping etc, these cases were to be taken up only at the request of or with the concurrence of the State Govemments/Union Territories Administrations concerned.

Prosecution of cases investigated by this division. In 1964, an another wing known as Economic offences Wing was added by Government of India to the Central Bureau of Investigation (CBI.).

During this time, Central Bureau of Investigation (CBI) had two investigation Wings:

 1. General Offences Wings, which dealt with cases of bribery and corruption involving employees of Central Government / PSUs

2. Economic Offences Wing, which dealt with cases of violation of Fiscal Laws

 It was in September 1964, that a Food Offences Wing was formed to collect information regarding hoarding, black marketing, smuggling and profiteering in food grains. Later it was merged in the Economic Offences Wing in 1968. With the passage of time, some of the work, originally allotted to the Central Bureau of Investigation (CBI) was transferred to other organizations. Part of the work relating to Crime Records and Statistics Division was transferred to National Crime Records Bureau (NCRB) and that relating to Research Division was transferred to Bureau of Police Research & Development (BPR&D).

Thus in view of these developments, the CBI formed two divisions in 1987 namely:- (i) Anti Corruption Division. 142 (ii) Special Crimes Division. The latter dealt with conventional crimes as well as economic crimes. Special Cells were created to take up investigations in important and sensational cases of conventional nature, e.g., Special Investigation Team (SIT). Special Investigation Team (SIT) was constituted in 1991 to investigate case relating to assassination of Shri Rajiv Gandhi. Special Investigation Celli-IV was created in 1992 to investigate case of demolition ofBabri Masjid in Ayodhya and Special Task Force was created in 1993 to investigate Bomb Blasts case in Bombay. With the liberalization of Indian economy, workload relating to Securities Scam Cases and rise in economic offences; increased. Thus a separate Economic Offences Wing was established in 1994. Hence there Investigation Division were created in CBI namely

 

Anti Corruption Division

It dealt with cases of corruption and fraud committed by public Servants of all Central Government Departments, Central Public Sector undertakings and Central Financial Institutions.

Economic Crimes Division

To deal with bank frauds, financial frauds, Import Export & Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property etc.

Special Crimes Division

 To deal with cases of terrorism, bomb blasts sensational homicides, kidnapping for ransom and crimes committed by mafia underworld.

Legal Powers of Central Bureau ofInvestigation (CBI)

The legal power of investigation of Central Bureau of Investigation (CBI) are derived from the DSPE Act, 1946.

This Act confers concurrent and co-intensive powers, duties, privileges and liabilities on the members of Delhi Special Police Establishment Central Bureau of Investigation (CBI) with police officers of the union Territories in relation to the investigation of offences notified by the Central Government under Section 3 of the Act and arrest of persons concerned in such offences.

Section 2 ofthe 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 U/s 5(1) ofthe Act, provided a State Government accords consent U/s 6 ofthe Act.

The Executive officers of Central Bureau ofInvestigation (CBI) ofthe rank of Sub Inspector and above exercise all powers of a station officer-in-charge ofthe police station for the concerned area for the purpose ofinvestigation.

Section 3 of the Act says that SPE is authorized to investigate only those cases, which are notified by the Central Government from time to time. Over the years, the Central Bureau of Investigation (CBI) has emerged as a Premier Investigating Agency of the Country, which enjoys the trust ofthe people, Parliament, Judiciary and the Government.

 In the last 69 years, the organization has evolved from an Anti Corruption Agency to a Multifaceted, 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 existing 73 Central Acts, 18 State Acts and 239 offences under the Indian Penal Code (IPC) have been notified by the Central Government U/s 3 ofthe Delhi Special Police Establishment (DSPE) Act.

Pursuant to the direction ofHon’ble Supreme Court ofIndia in Vineet Narain and others Vs Union ofIndia. The existing Legal Division was reconstituted as the Directorate of Prosecution in July 2001.

The Directorate of Prosecution, Central Bureau of Investigation (CBI) performs the following major functions:

1- Tendering Legal Advice in Cases and enquiries taken up by Central Bureau ofInvestigation (CBI) for investigation.

2- Conducting and monitoring prosecution ofcases investigated by CBI.

3- Amendment oflaws or promulgation ofnew laws.

4- Notification ofoffences under Section 3, 5 and 6 ofDSPE Act 1946.

 5- Providing inputs on legal issues for -various conferences and meetings.

 6- Contribution on legal issues to Central Bureau of Investigation (CBI) Bulletin, etc.

7- Matters relating to the appointment of Special Judges, Magistrates and Special Counsels. 8- Issue of notifications of Central Bureau of Investigation (CBI) Prosecuting officers under Sec 24 & 25 ofCriminal Procedure Code (Cr.P.C.) 1973.

9- Providing inputs to Parliament questions on the above matters.

As on date, Central Bureau of Investigation (CBI) has the following divisions:

1- Anti Corruption Division

2- Economic Offences Division

3- Special Crimes Division

4- Policy and International Police Cooperation Division

5- Administration Division

6- Directorate of Prosecution

7- Central Forensic Science Laboratory

 

Jurisdiction ofCentral Bureau ofInvestigation CBI vis-a-vis State Police:

·         The cases, which are substantially and essentially against Central Government employees or conserving affairs oft he Central Government, shall be investigated by Delhi Special Police Establishment (CBI) although certain employees of the State Government may also be involved. The State Police or State Anti Corruption Bureau/ Vigilance set-up, when informed, such cases involving their employees, will render  necessary assistance to the Central Bureau ofInvestigation (CBI), during investigation and prosecution ofsuch cases.

·         The cases which are essentially and substantially against State Government shall be investigated by the State Police irrespective ofthe fact that certain employees ofthe Central Government are also involved as co-accused. In such cases, the Delhi Special Police Establishment (DSPE), (CBI), when informed, will assist the State Police or State AntiCorruption / Vigilance set-up, if necessary, in completing the investigation.

·         In addition to cases involving Central Government employees, the Delhi Special Police Establishment (DSPE) (CBI) is authorized to investigate cases of the following categories:

·         Cases in which the interests of the Central Government or of any Statutory Corporation or Body set up and financed by Government of India are involved particularly those in which public servants are concerned or very large amounts are involved.

·         Cases relating to the breaches of Central Laws with the enforcement of which the Government of India is mainly concerned.

·         Big cases of fraud cheating, embezzlement and the like, relating to Public Joint Stock Companies in which large funds are involved. Crimes committed by organized gangs or professional criminals having ramifications in several states.

·        Cases having interstate and international ramifications and being investigated by several agencies and where it is considered necessary that a single investigating agency should be in charge of the investigation

 

Ordinary Cases of theft, cheating, misappropriation, etc. even if committed by Central Government employees have, therefore, to be dealt with by the State Police

 

Functions ofthe Directorate

 1- The main function of the enforcement directorate is to enforce Foreign Exchange Management act 1999 and Prevention of Money Laundering Act 2002

2- The officers of the directorate collect and develop intelligence relating to violation of the provisions of Foreign Exchange Management Act and Prevention ofMoney Laundering Act 2002

3- The officers of the directorate are authorized to conduct searches of suspected persons, conveyances and premises and seize incriminating materials (including Indian and Foreign Currencies involved).

 4- It enquires and investigates suspected violations of provisions of Foreign Exchange Management Act and Prevention of Money Laundering Act 2002.

 

 

Powers of Investigating Officer of Enforcement Directorate

 The Investigating Officers have the powers:

a) To conduct survey of a place (Section 16 ofPMLA)

 b) To conduct search of building, place, vessel, vehicle or aircraft and seize records and property (Section 17 ofPMLA)

c) To conduct personal search (Section 18)

d) To summon and record the statements ofpersons concerned (Section 50)

 e) To arrest persons accused of committing the offence of Money Laundering (Section 19)

f) To provisionally attach any property suspected to be derived from the ‘proceeds of crime’ (Section 5).

 

 

Powers of Authority during Search, Seizure and Survey

An authorized officer242 may enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept. He can break open the lock of any door, box, locker, safe, almirah or other respectable where the keys thereof are not available. The authorized officer can seize any record or property found as a result of such search. He can place marks of identification on such record or make or cause to be made extracts or copies there from. They are also empowered to make a note or an inventory ofsuch record or property’

 

Powers of Authorities Regarding Summons, Documents, and Evidence

The Director, additional Director, Joint Director, Deputy Director or Assistant Director ofthe Directorate ofEnforcement have the power to summon any person whose attendance, he consider necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this Act.

 All the persons so summoned are bound to attend in person or through authorized agents, as such officer may direct, and are bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. Such proceedings are deemed to be judicial proceedings within the meaning ofsection 193 and section 228 ofthe Indian Penal Code (Section 50)