STATE CONSENT TO CBI

Subject : Polity

Context : Maharashtra government withdrew its consent to the Central Bureau of Investigation (CBI) to probe cases in the state.

Concept :

• CBI is governed by the Delhi Special Police Establishment Act, 1946 (DSPE Act, 1946) that makes consent of a state government mandatory for conducting investigation in that state.
• There are two kinds of consent: case-specific and general.
• Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.
• General consent is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state. Almost all states have given such consent.

Impact of Withdrawal:

• It means the CBI will not be able to register any fresh case involving a central government official or a private person stationed in the state without getting case-specific consent.
• Withdrawal of consent will only bar the CBI from registering a case within the jurisdiction of Maharastra. The CBI could still file cases in Delhi and continue to probe people inside state.
• Cases registered anywhere else in the country, but involving people stationed in Maharastra, would allow CBI’s jurisdiction to extend to the state.
• In simple terms withdrawal of consent simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.
• It will have no impact on investigation of cases already registered with CBI as old cases were registered when general consent existed.