Central Bureau of Investigation
From GovernIndia
- Website: CBI
- Director: Shri Ashwani Kumar
Contents |
History
The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Dept. Of India during World War II. Superintendence of the S.P.E. was vested with the War Department.
Even after the end of the 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 Act was therefore brought into force in 1946. This Act transferred the superintendence of the SPE to the Home Department and its functions were enlarged to cover all departments of the 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 DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated 1.4.1963. The founder director of the CBI was Shri D.P. Kohli who held office from 1st April, 1963 to 31st May, 1968. Initially the offences that were notified by the Central Government related only to corruption by Central Govt. servants. In due course, with the setting up of a large number of public sector undertakings, the employees of these undertakings were also brought under CBI purview. Similarly, with the nationalisation of the banks in 1969, the Public Sector Banks and their employees also came within the ambit of the CBI.
Functions
Over the years CBI has built up an image for professionalism and integrity. The services of its investigating officers are sought for all major investigations in the country. CBI as an organisation is held in high esteem by the Supreme Court, the High Courts, the Parliament and the public. The CBI has to investigate major crimes in the country having interstate and international ramifications. It is also involved in collection of criminal intelligence pertaining to three of its main areas of operation, viz., Anti-Corruption, Economic Crimes and Special Crimes. The following broad categories of criminal cases are handled by the CBI:
- Cases of corruption and fraud committed by public servants of all Central Govt. Departments, Central Public Sector Undertakings and Central Financial Institutions.
- Economic crimes, including bank frauds, financial frauds, Import Export & Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc.
- Special Crimes, such as cases of terrorism, bomb blasts, sensational homicides, kidnapping for ransom and crimes committed by the mafia/the underworld.
Jurisdiction
The legal powers of investigation of CBI are derived from the DSPE Act 1946. This Act confers concurrent and coextensive powers, duties, privileges and liabilities on the members of Delhi Special Police Establishment (CBI) with Police Officers of the Union Territories. TheCentral Government may extend to any area, besides Union Territories, the powers and jurisdiction of members of the CBI for investigation subject to the consent of the Government of the concerned State Govt. While exercising such powers, members of the CBI of or above the rank of Sub Inspector shall be deemed to be officers incharge of Police Stations of respective jurisdictions. The CBI can investigate only such of the offences as are notified by the Central Government under the DSPE Act.
Jurisdiction of CBI vis-a-vis State Police
Law and Order is a State subject and the basic jurisdiction to investigate crime lies with State Police. Besides, due to limited resources, CBI would not be able to investigate crimes of all kind. CBI may investigate:
- Cases which are essentially against Central Govt. employees or concerning affairs of the Central Govt.
- Cases in which the financial interests of the Central Government 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 companies in which large funds are involved and similar other cases when committed by organised gangs or professional criminals having ramifications in several States.
- Cases having interstate and international ramifications and involving several official agencies where, from all angles, it is considered necessary that a single investigating agency should be incharge of the investigation.
Divisions
- Anti Corruption Division
The Anti-Corruption Division is responsible for collection of intelligence with regard to corruption, maintaining liaison with various Departments through their Vigilance Officers, enquiries into complaints about bribery and corruption, investigation and prosecution of offences pertaining to bribery and corruption and tasks relating to preventive aspects of corruption. The Anti-Corruption Division investigates cases against public servants under the control of the Central Government, public servants in Public Sector Undertakings under the control of Central Government and cases against the public servants working under State Govt. entrusted to the CBI by the State Governments and serious departmental irregularities committed by the above mentioned public servants.
- Special Crimes Division
The Special Crimes Division handles all cases of economic offences and all cases of conventional nature such as offences relating to internal security, espionage, sabotage, narcotics and psychotropic substances, antiquities, murders, dacoities/robberies, cheating, criminal breach of trust, forgeries, dowry deaths, suspicious deaths and other IPC offences as well as offences under other laws notified under the DSPE Act. It is also responsible for investigation of interstate and international rackets, large-scale frauds affecting the property or revenue of the Government and crimes of national importance.
- Economic Offences Division
The Economic Offences Division investigates financial crimes, bank frauds, money laundering, illegal money market operations, graft in Public Sector Undertakings and Banks.
- Technical Advisory Units
The Technical Advisory Units provide expert guidance and assistance in banking, taxation, engineering and foreign trading/foreign exchange matters during enquiries and investigations taken up by the CBI. The technical advisory units are: (a) Banking Company Law/Insurance Advisory Unit (b) Engineering Advisory Unit (Civil/Electrical matters) (c) Taxation Advisory Unit (Direct/Indirect Tax matters) (d) Foreign trading/Foreign Exchange Advisory Unit
- Directorate of Prosecution
The Directorate of Prosecution was established in pursuance of the orders of Supreme Court in Vineet Narain case. The Directorate tenders legal advice in CBI cases, besides conducting prosecution in CBI cases. The Directorate also attends to matters relating to legal matters raised in the IGPs/DGPs conference, matters relating to interpretation of laws, appointment of special counsels, statutory rules and regulations and amendments thereof, preparation of notes on Legal matters for publication in CBI Gazette etc.
- Policy Division
The Policy Division deals with all matters relating to policy, procedure, organisation, vigilance & security in the CBI, correspondence and liaison with Ministries and implementation of Special Programmes for vigilance and anti-corruption, etc.
- Administration Division
The Administration Division of the CBI looks after all matters relating to personnel, establishment and accounts of all the Divisions of the CBI and is headed by an officer of the rank of Joint Director/IG.
- Systems Division
The Systems Division looks after the information technology needs of the CBI. It generates data required for answering parliament questions, CBI clearances for appointments/awards of medals etc. This division also monitors the current ongoing comprehensive computerisation plan of the CBI. The CBI Command Centre consisting of Strategic Communication Centre & Network Monitoring Centre functions under the Systems Division.
- Co-ordination Division
The Co-ordination Division comprises of: (a) Co-ordination Unit (b) Interpol Unit
The Co-ordination Unit takes part in the organisation of Directors General of Police, CID and other Conferences and is also incharge of the publication of the CBI Bulletin. The INTERPOL Unit is the Secretariat of the National Central Bureau and assists the Director CBI in his capacity as the Head of the National Central Bureau. The INTERPOL Unit, in its capacity as the Secretariat of the National Central Bureau, liaises with the International Criminal Police Organisation - INTERPOL and is required to maintain liaison with the member countries of the INTERPOL. It handles and follows up the correspondence relating to requests for investigation to be carried out abroad in cases under investigation with the CBI or the State Police. Similarly, requests received from foreign countries for investigation in India are forwarded by the Interpol Unit to the State Police and then followed up.
- Central Forensic Laboratory
The Central Forensic Science Laboratory (CFSL) provides Expert Opinion on various aspects of forensic science concerning crime investigation. Apart from Delhi Police and the CBI, it assists Central Govt. Departments, States, State Forensic Science Laboratories, Defence Forces, Govt. Undertakings, Universities, Banks, etc. in criminal cases. The laboratory has a research and development set-up to tackle special problems. The expertise available at the CFSL is also utilised in teaching and training activities conducted by the CBI, ICFS, Police Training Institutions, Universities and Government Departments conducting Law Enforcement Courses. The Cyber Forensic Laboratory and Digital Imaging Centre functioning under CFSL assists enforcement agencies in the collection and forensic analysis of electronic evidence. CFSL experts are summoned for appearing before courts. Their services are also utilised by investigating agencies for the inspection of scenes of crime.
- Training Division
The CBI Academy at Ghaziabad is a modern police training centre and imparts the specialised knowledge and skills that make a modern crime investigator. Residential foundation courses are conducted for freshly selected Dy.Supdts., Sub-Inspectors and Constables. Refresher courses and courses on specialised subjects are also offered to officers of CBI and State Police, as well as to Vigilance Officers of various departments.