Bihar govt. restricts CBI power; State nod mandatory to probe against its employees

The Bihar government has issued an order regarding actions taken by the Central Bureau of Investigation (CBI) against State government officials. It will now be mandatory for the CBI to obtain prior permission from the State government before initiating any investigation, search, interrogation, arrest, or other action against any public servant posted under the Bihar government.

The CBI will not be able to take any such step without prior permission. However, the notification issued by the Home Department on September 3, 2026 clearly stated that the CBI will not require permission from the State government to take action against Central Government employees.

The two page Home Department notification issued by the Principal Secretary Pankaj Kumar reads, “In exercise of the powers conferred by section-6 of the Delhi Special Police Establishment Act, 1946, and in supersession of all previous notifications on this subject, the Governor of Bihar hereby accords consent to the extension of the powers and jurisdiction of the members of the Delhi Special Police Establishment throughout the State of Bihar for the investigation of offences or categories of offences notified under section 3 of the said act, as amended from time to time, and offences under The Bharatiya Nyaya Sanhita, 2023, The Bharatiya Nagarik Suraksha Sanhita, 2023, The Bharatiya Sakshya Adhiniyam, 2023 and The Information Technology Act, 2000 as well as cybercrime cases and Prevention of Corruption Act, 1988 (as amended time to time) allegedly committed by employees of the Government of India, Public Sector Undertakings, and private individuals under direct control of the Government of India.”

It further said, “Provided that, in cases where the aforementioned offences 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.”

It added, “Furthermore, upon receipt of a proposal from the members of the Delhi Special Police Establishment, the State Government shall consider and decide on the matter of granting investigation powers on case-to-case basis in such cases.”

The Home Department has sent a copy of the notification to the Ministry of Personnel, the Central Government, the CBI Director, the Director General of Police (Bihar), and the concerned departments.