The Central Bureau of Investigation or the CBI is the premier investigating police agency of the country. It functions under the Department of Personnel, Ministry of Personnel, Pension & Public Grievances. It is the nodal public agency in India and it coordinates the related functions on behalf of Interpol Member countries.
The body is an elite police force that plays a major role in the preservation of values in public life in society. It helps maintain societal order as well as the health of the national economy. Its functioning is led by the mission to uphold the constitution of India and the law of the land.
In furtherance of the mission, it conducts thorough investigations and ensures the successful prosecution of offences. It acts as a leader of police forces and acts as the nodal agency that bridges the gap between interstate and international cooperation in law enforcement.
TIMELINE
CBI is the premier investigating agency in the country. It is neither a statutory nor a constitutional body. It derives its powers from the Delhi Special Police Establishment Act of 1946.
1941- During the period of World War II, a special police establishment was constituted in the Department of War under the British regime. The purpose was to inquire into allegations of bribery and corruption in the war-related procurements.
1946- Enactment of the Delhi Special Establishment Act. This Police establishment was formalised as an agency of the Government of India to investigate corruption allegations related to various departments of the government.
1962-64- The Santhan Committee on Prevention of Corruption set up, and suggested the establishment of the CBI.
1963- The establishment of the CBI by the government of India, to investigate serious crimes related to fraud, embezzlement, black marketing, hoarding and profiteering of essential commodities, offences adversely affecting the security/ related to the defence of the country, etc. It was constituted to investigate and prosecute offences having pan-India and interstate ramifications.
Gradually, the body has also started investigations into other conventional crimes like kidnappings, hijackings, terrorist crimes, etc. There has been substantial jurisprudence as per which it can be concluded that even the apex court of the land has entrusted related cases for investigation to the CBI at the request of the parties. CBI is thus not only a premier anti-corruption investigative agency but has also assumed the function of investigation in various high-profile crimes like economic offences, banking frauds, and crimes with international leakages. The CBI is designated as the National Central Bureau of India for ICPO-INTERPOL.
TYPES OF CASES HANDLED BY THE CBI
Anti-Corruption Crimes: CBI looks into allegations of corruption and other wrongdoings, made under the Prevention of Corruption Act, against public servants, workers of the Central Government, Public Sector Undertakings, corporations, or other entities that the Indian government owns or controls.
Economic Crimes: CBI also looks into economic offences. It looks into significant financial scams and serious economic frauds, such as crimes involving counterfeit Indian currency notes, bank frauds, cybercrimes, violations of import-export laws, large-scale drug trafficking, the smuggling of antiques and cultural property, and other contraband items, etc. It often deals with economic offences with pan-India ramifications.
Special crimes: CBI has a widening role as it also undertakes investigations in various conventional crimes. The offences looked into by it include those involving terrorism, bombings, kidnappings for ransom, and crimes committed by the mafia or underworld. These crimes are subject to investigation under the Indian Penal Code and other laws, at the request of State Governments or on orders of the Supreme Court and High Courts.
Suo Moto Cases: The CBI is limited to undertaking Suo-motu investigation crimes in the Union Territories. The central government with the mandatory consent of the concerned state government, can authorise the CBI to investigate a crime in a state. However, the Supreme Court and High Courts have the authority to direct the CBI to look into any crime committed anywhere in the nation, without the prior consent of the state.
ROLES AND FUNCTIONS
The functions of the agency are spread over wide domains. They can be enlisted as follows-
Combating Corruption: One of the primary functions of the agency is to combat corruption in government departments and curb economic offences, and other offences of grave nature through effective investigation and prosecution.
Law Enforcement: The agency is the nodal body that coordinates the function of law enforcement at the national level on behalf of the international body of INTERPOL. It supports the state police organisations and law enforcement agencies to bridge the gap between national and global levels.
Fair and Successful Prosecution: It facilitates the development of effective systems and procedures for fair and successful prosecution in cases across various law courts.
Investigation of Crimes: The Central Bureau of Investigation performs the crucial function of investigating serious crimes having national and international effects.
Coordinating between agencies: CBI also facilitates in maintaining coordination between state police forces of various states with anti-corruption agencies.
Update with emerging needs: It also acts on emerging issues in the cyber/technology realm and acts effectively to develop scientific rigour in the method of inquiry.
Combating Organised Crimes: It upholds human rights and plays a pivotal role in the war against national and transnational organised crime.
COMPOSITION AND APPOINTMENT
Composition: CBI is led by a director who is further assisted by a Special/ Additional Director. The body consists of a team of joint directors, deputy inspector generals, superintendents of police and other police personnel.
The director of the CBI is responsible for ensuring the administration of the organisation. The officer selected as the director acts as Inspector General of Police, Delhi Special Police Establishment.
Appointment
Till 2014, the CBI director was appointed based on the Delhi Special Police Establishment Act however after the enactment of the Lokpal Act in 2014, a proper committee was set up for the appointment of the CBI Director.
The committee set up is headed by the Prime Minister, and includes the leader of the opposition as other members. The Home Ministry sends a list of eligible candidates to DoPT. Then, the DoPT prepares the final list based on seniority, integrity, and experience in the investigation of anti-corruption cases, and sends it to the committee.
Tenure: The tenure of the director can be extended by the centre from two years to five years, consequent to the ordinances promulgated by the president in 2021.
IMPORTANT FACTS
The founder director of CBI was Shri D.P. Kohli.
The current director of CBI is Mr Praveen Sood.
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