The Bihar government through a new notification has “updated” the ambit of the Delhi Police Special Establishment Act, 1946 — the governing law for the Central Bureau of Investigation (CBI) — to include more offences for the federal agency to probe and to bring its functioning in synchronisation with the new provisions of the Bharatiya Naya Sanhita, 2023 (replacing IPC) and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (replacing CrPC).
Meanwhile, the Bihar government has re-asserted that the federal agency will have to seek its prior consent for probing state officials — a position the state has maintained through its previous notifications.
The extension of the CBI ambit will cover only central government employees working in the state or those working in other central government bodies, the police headquarters said in a statement. The CBI, set up by the Delhi Police Special Establishment Act, 1946 and functions with “general consent” from states to investigate and prosecute central and state government employees posted in the states. It states: “Cases where the aforementioned offences (under the 1946 Act) involve public servants appointed in connection with the affairs of the Government of Bihar or persons appointed in connection with the affairs of any corporation, company or bank owned and controlled by the Government of Bihar or any institution receiving or having received financial assistance from the Government of Bihar, it shall be mandatory to obtain the prior consent of the Government of Bihar for the investigation of such offences by the members of the Delhi Special Police Establishment.”
“There has always been a general consent for the CBI to act against central government employees, PSUs and private individuals without taking any prior permission in lieu of various offences. But for state employees, the CBI has to take permission from the state government. Besides, the state government also recommends CBI probes on a case-to-case basis whereas certain cases are also recommended by the high court and Supreme Court. That is the norm.
The new notification has been done in view of the changes in certain provisions in laws under BNS and BNSS and other laws,” said a senior state official, in the know of the matter.
