Withdrawal of General Consent To CBI For Probing Cases

Withdrawal of General Consent To CBI For Probing Cases

So far, nine states have withdrawn the general consent given to the CBI to investigate the cases.

These 9 states include- Mizoram, West Bengal, Chhattisgarh, Rajasthan, Maharashtra, Kerala, Jharkhand, Punjab and Meghalaya.

The general consent given to the Central Bureau of Investigation (CBI):

  • The National Investigation Agency (NIA) is governed by its own law (NIA Act). It has jurisdiction over the entire country. In contrast, the CBI is governed by the Delhi Special Police Establishment (DSPE) Act, 1946.
  • This makes it mandatory to obtain the consent of the concerned state government for conducting investigations in the state. There are two types of this consent: exclusive consent and general consent.
  • In order to help the CBI conduct investigations smoothly across the states, general consent is generally given by the state governments.
  • Section 6 of the DSPE Act, 1946 empowers the state government to give or refuse consent to a CBI officer.
  • By withdrawing the general consent, the CBI will not be able to investigate any fresh case involving Central Government officials or any other person in the State without the permission of the State Government.
  • However, the Supreme Court and the High Court can order the CBI to investigate such offenses anywhere in the country without the consent of the state.
  • CBI is an investigative agency of the Central Government. It investigates corruption and other major crimes (including economic offences).

Source – The Hindu

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