Bihar widens CBI investigative powers, retains state nod for probes against its officials

The Bihar government’s Home Department under Chief Minister Samrat Choudhary has issued a notification expanding the CBI’s standing consent to investigate a broader set of offences involving Central government employees, Central PSUs and private persons, while requiring prior state permission for probes involving Bihar government employees and state-controlled or aided bodies.

Under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI cannot ordinarily exercise its powers and jurisdiction in a state without the state government’s consent. That consent can be general, allowing the agency to investigate specified offences or categories of cases without seeking permission each time, or specific to an individual case.

The notification regulates the CBI’s jurisdiction in Bihar under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, while expanding the range of offences covered by its standing consent. The order further stated: "Provided that when the offense related to the above pertains to public servants appointed in connection with the affairs of the State Government of Bihar, or persons appointed in connection with the affairs of any corporation, company, bank owned by, controlled by, or receiving financial assistance from the Bihar Government, it shall be mandatory to obtain the prior consent of the State Government of Bihar for the investigation of any such offense by the Delhi Special Police Establishment.

Additionally, upon receiving a proposal from the Delhi Special Police Establishment, the State Government will consider and take a decision on granting powers of investigation on a case-by-case basis." It is a two-pronged order, an officer in the police headquarters told The Indian Express.

“The first part of it allows the CBI to investigate cases which were the prerogative of the state. The second part of the order tries to balance it out by saying that the state's permission would be required,” the officer said.

A CBI officer added: "Bihar might well have set a precedent for other states to follow and allow CBI a bigger scope of Investigation. The order, if read between the lines, would tell that it is more about giving CBI more powers and less about restricting them." A Patna High Court advocate added that the requirement of state consent applies only to executive actions by the CBI.

“It does not restrict the high courts or the Supreme Court from ordering a CBI investigation within a state without state government consent,” the advocate said. Santosh Singh is a Senior Assistant Editor with The Indian Express since June 2008.

Expertise He covers Bihar with main focus on politics, society and governance. Investigative and explanatory stories are also his forte. Singh has 25 years of experience in print journalism covering Bihar, Delhi, Madhya Pradesh and Karnataka.

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