Central Bureau of Investigation

History

Special Police Establishment

The Bureau of Investigation traces its origins to the Special Police Establishment (SPE), a Central Government Police force, which was set up in 1941 by the Government of India to investigate bribery and corruption in transactions with the War and Supply Department of India. It had its headquarters in Lahore. The Superintendent of the SPE was Qurban Ali Khan, who later opted for Pakistan during the Partition of India. The first legal adviser of the War Department was Rai Sahib Karam Chand Jain. After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees. Sahib Karam Chand Jain remained its legal advisor when the department was transferred to the Home Department by the 1946 Delhi Special Police Establishment Act.

Organisation

The CBI is headed by a Director, an IPS officer with a rank of Director general of police. The current director of CBI is Praveen Sood, who was the former DG and IGP of Karnataka state police. The director is selected by a high-profile committee constituted under The Delhi Special Police Establishment (DSPE) Act, 1946 as amended through The Lokpal and Lokayuktas Act, 2013, and has a two-year term which can be extended for another three years.

The senior leadership is filled through deputation from the Indian Police Service cadre, such as at the levels of Additional Director, Joint Director, and Superintendent of Police, and also through deputation from various State Police Services at the ranks of Additional Superintendent of Police, Deputy Superintendent of Police, and Inspector. The CBI also has its own cadre officers, recruited directly at the rank of Sub-Inspector.

Unconstitutional status

Gauhati High Court had given a verdict on 6 November 2013 that CBI is unconstitutional and does not hold a legal status. However, the Supreme Court of India stayed this verdict when challenged by the central government and the next hearing on this is fixed on 6 December 2013. It continues to derive its powers from Delhi Special Police Establishment Act, 1946.

Demand for greater autonomy

Demanding independent investigations, the CBI said that although it deferred to the government's authority in non-corruption cases, the agency felt that sufficient financial and administrative powers were required by the director (including a minimum three-year tenure to ensure "functional autonomy"). "As such, it is necessary that the director, CBI, should be vested with ex-officio powers of the Secretary to the Government of India, reporting directly to the minister, without having to go through the DoPT", the agency said, adding that financial powers were not enough and it wanted a separate budget allocation.

Appointment Committee and Selection committee

The CBI Director is appointed, for not less than a term of two years, by the Appointment Committee on recommendation of Selection Committee as mentioned in DSPE Act 1946 amended through the Lokpal & Lokayukta Act 2013 and CVC Act, 2003 respectively. The Appointment Committee consists of:

Prime Minister – Chairperson

Leader of Opposition of Loksabha or the Leader of the single largest opposition party in the Lok Sabha, if the former is not present due to lack of mandated strength in the Lok Sabha - member

Chief Justice of India or a Supreme Court Judge recommended by the Chief Justice – member

The Selection Committee constituted under Delhi Special Police Establishment Act 1946 nominates a certain number of names to the Appointment Committee, one among whom the Appointment Committee appoints as the CBI director. The Selection Committee consists of:

The NDA government, on 25 November 2014, moved an amendment bill to do away with the requirement of quorum in high-profile committee while recommending the names for the post of director CBI to the central government by introducing the clause "no appointment of a (CBI) director shall be invalid merely by reason of any vacancy or absence of members in the panel" and to replace the Leader of the Opposition (LOP) with the leader of the single largest opposition party or pre-election coalition.

Infrastructure

CBI headquarters is a ₹186 crore (US$19 million), 11-storey building in New Delhi. The 7,000-square-metre (75,000 sq ft) building is equipped with a modern communications system, an advanced record-maintenance system, storage space, computerised access control and an additional facility for new technology. Interrogation rooms, cells, dormitories and conference halls are provided. The building has a staff cafeteria with a capacity of 500, gyms, a terrace garden, and bi-level basement parking for 470 vehicles. Advanced fire-control and power-backup systems are provided, in addition to a press briefing room and media lounge.

On January 7, 2025, the Indian Home Minister Amit Shah, launched the CBI developed Bharatpol platform. It will help streamline the communication between local law enforcement authorities and Interpol. Rapid and secure transmission of Interpol notices will be guaranteed by the platform. 195 countries' Interpol references will be integrated for global assistance. Local agencies would be able to access the 195 countries' support requests instantly. Additionally, it will streamline capacity-building programs and document management and interchange. Requests for real-time data exchange, including the sending of Red Corner Notices (RCNs) and other alerts over a worldwide network, will be responded to by Bharatpol more quickly both domestically and internationally. Crimes like cybercrime, illegal drug trade, arms trafficking, human trafficking, and terrorism will be addressed with the assistance of Bharatpol. It will have access to 19 different kinds of Interpol databases.

CBI Academy

The CBI Academy in Ghaziabad (east of Delhi) began in 1996. It is about 40 kilometres (25 mi) from the New Delhi railway station and about 65 km (40 mi) from Indira Gandhi International Airport. The 26.5-acre (10.7 ha) campus, with fields and plantations, houses the administrative, academic, hostel and residential buildings. Before the academy was built a small training centre at Lok Nayak Bhawan, New Delhi, conducted short-term in-service courses. The CBI then relied on state police-training institutions and the Sardar Vallabhbhai Patel National Police Academy in Hyderabad for basic training courses for deputy superintendents of police, sub-inspectors and constables.

Jurisdiction, powers and restrictions

In 2022, responding to a question, The Minister of state in the Prime Minister's office informed Rajya Sabha that a total of nine states had withdrawn general consent to the CBI to investigate cases in those states. The states include West Bengal, Maharashtra, Kerala and Punjab. In June 2023, Tamil Nadu became the ninth state to withdraw consent.

Investigation of corruption cases

The CBI is the primary investigative agency for corruption cases involving Central Government employees under the Prevention of Corruption Act (PC Act) and the Delhi Special Police Establishment (DSPE) Act. However, the scope of its jurisdiction has been subject to legal interpretations.

In a significant ruling, the Kerala High Court held that the Vigilance and Anti-Corruption Bureau (VACB), a state anti-corruption agency, also possesses the authority to investigate corruption cases involving Central Government employees within the state. The court reasoned that neither the PC Act nor the DSPE Act explicitly prohibits state agencies from investigating such cases.

This ruling underscores the complexities surrounding the jurisdiction of investigative agencies in corruption matters. While the CBI holds primary responsibility, state anti-corruption agencies may also possess concurrent jurisdiction in certain circumstances, depending on the specific provisions of relevant legislation and judicial interpretations.

The High Court observed that neither the Prevention of Corruption Act (PCA) nor the Delhi Special Police Establishment (DSPE) Act of 1946 explicitly prohibits state anti corruption agencies or state police from investigating corruption cases involving Central Government employees. Moreover, neither act grants exclusive investigative authority to the CBI, the Central Vigilance Commission, or any other Central Government entity.

The court, therefore, held that "the VACB, being a specially constituted agency to investigate bribery, corruption and misconduct mainly under the PC Act is always clothed with the authority to investigate offences involving corruption that take place within the State, whether it is committed by a Central government employee or a State Government employee.

Relationship with state police

The CBI was originally constituted under the Delhi Special Police Establishment Act to operate within the territory of Delhi. As policing and law is a subject that falls within state powers under the structure of Indian federalism, the CBI needs prior consent from other state governments in order to conduct investigations within their territory. This consent can be in the form of a 'general consent' under Section 6 of the Delhi Special Police Establishment Act, which remains in operation for all investigations until it is revoked, or alternatively, a 'specific consent' authorising investigations in individual cases. Once consent is granted, the CBI can investigate economic, corruption, and special crimes (including national security, drugs and narcotics, etc.)

Most Indian states had granted general consent to the CBI to investigate crimes within their territory. However, as of 2020, several states have withdrawn their 'general consent' for the CBI to operate, and require a special consent to be granted on a case to case basis. In November 2018 West Bengal government withdrew general consent for the CBI to investigate, and accused the Central Government of using federal agencies to destabilise state politics. Andhra Pradesh restored general consent in 2019. Chhattisgarh and Maharashtra have given general consent to the CBI after elections. In November 2020, Kerala, Jharkhand, and Punjab withdrew general consent to the CBI. Mizoram had previously withdrawn general consent to the CBI as well. Meghalaya withdrew consent in March 2022, and Tamil Nadu withdrew consent in June 2023, and Karnataka in 2024. Altogether, eight states require prior consent before the CBI can investigate crimes in their territory.

High Courts and the Supreme Court

The High Courts and the Supreme Court have the jurisdiction to order a CBI investigation into an offence alleged to have been committed in a state without the state's consent, according to a five-judge constitutional bench of the Supreme Court (in Civil Appeals 6249 and 6250 of 2001) on 17 February 2010. The bench ruled: Being the protectors of civil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Article 21 of the Constitution in particular, zealously and vigilantly. The court clarified this is an extraordinary power which must be exercised sparingly, cautiously and only in exceptional situations.

Exemption from Right to Information (RTI)

CBI is exempted from the provisions of the Right to Information Act, 2005. This exemption was granted by the government on 9 June 2011 (with similar exemptions to the National Investigation Agency (NIA), the Directorate General of Income Tax Investigation and the National Intelligence Grid (Natgrid)) on the basis of national security. It was criticized by the Central Information Commission and RTI activists, who said the blanket exemption violated the letter and intent of the RTI Act. The exemption was upheld in Madras High Court.

Divisions

Anti Corruption Division

Handles cases involving public servants under the Prevention of Corruption Act.

Economic Offences Division

Investigates bank frauds, financial scams, and serious economic crimes.

Special Crimes Division

Handles cases like murders, crimes of national importance, and high-profile cases referred by states or courts.

Directorate of Prosecution

Prosecution related matters.

Administration Division

Deals with administrative and policy-related matters.

Policy & Coordination Division

Central Forensic Science Laboratory (CFSL)

Zonal offices

CBI, operationally is divided into zones.

Each zonal office is headed by a Joint Director and oversees multiple branch offices within its jurisdiction. Major zonal offices are located in cities like Delhi, Mumbai, Chennai, Kolkata, Hyderabad, and Chandigarh. These offices control specialized units such as Anti-Corruption Branches (ACBs), Economic Offences Branches (EOBs), and Special Crimes Branches (SCBs) within their regions, ensuring effective investigation, administrative support, and inter-agency coordination at the regional level.

Each Special Crime Branch (SCB), Anti-Corruption Branch (ACB) and Economic Offences Branch is headed by a Deputy Inspector General (DIG) or Superintendent of Police (SP). They are assisted by Addl.SPs, DySPs, inspectors, sub-inspectors, and constables.

Conviction rate

The CBI's annual conviction rate:

Recruitment

The CBI recruits personnel through both direct and indirect methods. Direct recruitment primarily occurs through the Staff Selection Commission's Combined Graduate Level (SSC CGL) exam, filling entry-level positions for subordinate staff. Indirectly, superior officer positions (Group A) are predominantly filled by deputing experienced and meritorious officers from the Indian Police Service (IPS) cadre and sometimes from Indian Revenue Service (IRS) Cadre. Additionally, subordinate positions can be filled by deputing personnel from various state police forces, union territory police, and other law enforcement agencies.

Officers from State Police Services (SPSs) across India, holding ranks ranging from Deputy superintendent of police (DSPs) to Additional superintendent of police (Addl. SP), as well as subordinate ranks like Inspector and Sub-Inspector of Police, can be deputed to the Central Bureau of Investigation (CBI).

Controversies and criticism

Corruption

In 2013, Judge of the Supreme Court of India (and later Chief Justice of India) R. M. Lodha criticized the CBI for being a "caged parrot speaking in its master's voice", due to its excessive political interference irrespective of which party happened to be in power.

Because of the CBI's political overtones, it has been exposed by former officials such as Joginder Singh and B. R. Lall (director and joint director, respectively) as engaging in nepotism, wrongful prosecution and corruption. In Lall's book, Who Owns CBI, he details how investigations are manipulated and derailed. Corruption within the organisation

has been revealed in information obtained under the RTI Act, and RTI activist Krishnanand Tripathi has alleged harassment from the CBI to save itself from exposure via RTI. The states that have withdrawn consent to the CBI have accused the CBI of being a tool used by the Central Government to unfairly target parties ideologically rivaling them.

Political interference

Normally, cases assigned to the CBI are sensitive and of national importance. It is standard practice for state police departments to register cases under its jurisdiction; if necessary, the central government may transfer a case to the CBI. The agency has been criticised for its mishandling of several scams. It has also been criticized for dragging its feet investigating prominent politicians, such as P. V. Narasimha Rao, J. Jayalalithaa, Lalu Prasad Yadav, Mayawati and Mulayam Singh Yadav; this tactic leads to their acquittal or non-prosecution.

In January 2006 it was discovered that the CBI had quietly unfrozen bank accounts belonging to Italian businessman Ottavio Quattrocchi, one of those accused in the 1986 Bofors scandal which tainted the government of Rajiv Gandhi. The CBI was responsible for the inquiry into the Bofors case. Associates of then-prime minister Rajiv Gandhi were linked to alleged payoffs made during the mid-1980s by Swedish arms firm AB Bofors, with US millionin kickbacks moved from Britain and Panama to secret Swiss banks. The 410 howitzers purchased in the US million arms sale were reported to be inferior to those offered by a French competitor.

The CBI, which unfroze ₹21 crore (US$2.2 million) in a London bank in accounts held by Bofors, accused Quattrocchi and his wife Maria in 2006 but facilitated his travel by asking Interpol to take him off its wanted list on 29 April 2009.

After communications from the CBI, Interpol withdrew the Interpol notice on Quattrocchi.

A 1991 arrest of militants in Kashmir led to a raid on hawala brokers, revealing evidence of large-scale payments to national politicians. The Jain hawala case encompassed former Central ministers Ajit Kumar Panja and P. Shiv Shankar, former Uttar Pradesh governor Motilal Vora, Bharatiya Janata Party leader Yashwant Sinha. The 20 defendants were discharged by Special Judge V. B. Gupta in the ₹ 650-million case, heard in New Delhi.

The judge ruled that there was no prima facie evidence against the accused which could be converted into legal evidence. Those freed included Bharatiya Janata Party president L. K. Advani; former Central ministers V. C. Shukla, Arjun Singh, Madhavrao Scindia, N. D. Tiwari and R. K. Dhawan, and former Delhi chief minister Madan Lal Khurana. In 1997 a ruling by late Chief Justice of India J. S. Verma listed about two dozen guidelines which, if followed, would have ensured the independence of the investigating agency. Sixteen years later, successive governments circumvent the guidelines and treat the CBI as another wing of the government. Although the prosecution was prompted by a public-interest petition, the cases concluded with no convictions. In Vineet Narain & Others v Government of India AIR 1996 SC 3386, the Supreme Court ruled that the Central Vigilance Commission should have a supervisory role over the CBI.

Political repression

Several opposition parties in India have alleged that under the present government's rule, CBI is increasingly being used as a tool for political repression. 14 opposition parties filed a plea in Supreme Court in this regard. However it was junked on April 5, 2023.

In popular culture

The CBI has been portrayed in multiple Indian films across languages. Most notably in the Malayalam film franchise CBI Film Franchise scripted by SN Swamy and directed by K Madhu with veteran actor and film producer Mammootty portraying the lead role of CBI officer Sethurama Iyer.

The movie Special 26 is a popular heist thriller where a group poses as CBI officers. This movie shows real law enforcement agencies, including the CBI, investigating the fake CBI officers.

The series Scam 1992 – The Harshad Mehta Story shows CBI investigating Harshad Mehta's case.

Federal Agency from DC Comics.