| Central Bureau of Investigation | |
|---|---|
 Seal of CBI | |
| Abbreviation | CBI |
| Motto | Industry, Impartiality, Integrity |
| Agency overview | |
| Formed | 1963 throughDelhi Special Police Establishment Act, 1946 |
| Employees | Sanctioned: 7274 Actual: 6391 Vacant: 883 as on 1 Feb 2022[1] |
| Annual budget | ₹946 crore (US$111.9 million)(2023-24 est.)[2] |
| Jurisdictional structure | |
| Operations jurisdiction | India |
| Constituting instrument | |
| Operational structure | |
| Headquarters | New Delhi,India |
| Agency executive | |
| Parent agency | Department of Personnel and Training |
| Website | |
cbi | |
TheCentral Bureau of Investigation (CBI) is the domesticcrime investigating agency ofIndia.[4][5] It operates under the jurisdiction of theMinistry of Personnel, Public Grievances and Pensions. Originally set up to investigate bribery and governmental corruption, in 1965 it received expanded jurisdiction to investigate breaches of central laws enforceable by theGovernment of India, multi-state organised crime, multi-agency or international cases.[6] CBI is exempted from the provisions of theRight to Information Act.[7] CBI is India's officially designatedsingle point of contact to act as the liaison withInterpol.[8] The CBI headquarter is located in CGO Complex, nearJawaharlal Nehru Stadium inNew Delhi.
The Bureau of Investigation traces its origins to the Special Police Establishment (SPE), a Central Government Police force, which was set up in 1941 by the Government of India to investigate bribery and corruption in transactions with the War and Supply Department of India.[6] It had its headquarters inLahore. The Superintendent of the SPE wasQurban Ali Khan, who later opted for Pakistan during thePartition of India.[9] The first legal adviser of the War Department wasRai Sahib Karam Chand Jain. After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees. Sahib Karam Chand Jain remained its legal advisor when the department was transferred to the Home Department by the 1946 Delhi Special Police Establishment Act.[6]
The CBI is headed by a Director, anIPS officer with a rank ofDirector general of police. The current director of CBI is Praveen Sood, who was the former DG and IGP of Karnataka state police. The director is selected by a high-profile committee constituted under The Delhi Special Police Establishment (DSPE) Act, 1946[10] as amended throughThe Lokpal and Lokayuktas Act, 2013, and has a two-year term which can be extended for another three years.[11]
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Gauhati High Court had given a verdict on 6 November 2013 that CBI is unconstitutional and does not hold a legal status.[12] However, the Supreme Court of India stayed this verdict when challenged by the central government and the next hearing on this is fixed on 6 December 2013.[13] It continues to derive its powers from Delhi Special Police Establishment Act, 1946.[14]
Demanding independent investigations, the CBI said that although it deferred to the government's authority in non-corruption cases, the agency felt that sufficient financial and administrative powers were required by the director (including a minimum three-year tenure to ensure "functional autonomy"). "As such, it is necessary that the director, CBI, should be vested with ex-officio powers of the Secretary to the Government of India, reporting directly to the minister, without having to go through the DoPT", the agency said, adding that financial powers were not enough and it wanted a separate budget allocation.[15]
The CBI Director is appointed, for not less than a term of two years, by the Appointment Committee on recommendation of Selection Committee as mentioned in DSPE Act 1946 amended through the Lokpal & Lokayukta Act 2013 and CVC Act, 2003[16] respectively. The Appointment Committee consists of:
The Selection Committee constituted under Delhi Special Police Establishment Act 1946 nominates a certain number of names to the Appointment Committee, one among whom the Appointment Committee appoints as the CBI director. The Selection Committee consists of:[17]
| Central Vigilance Commissioner | Chairperson |
| Vigilance Commissioners | Members |
| Secretary to the Government of India in-charge of the Ministry of Home Affairs in the Central Government | Members |
| Secretary, Co-ordination and Public Grievances, Cabinet Secretariat | Member |
The NDA government, on 25 November 2014, moved an amendment bill to do away with the requirement of quorum in high-profile committee while recommending the names for the post of director CBI to the central government by introducing the clause "no appointment of a (CBI) director shall be invalid merely by reason of any vacancy or absence of members in the panel" and to replace the Leader of the Opposition (LOP) with the leader of the single largest opposition party or pre-election coalition.[18]
CBI headquarters is a₹186 crore (US$22 million), 11-storey building in New Delhi. The 7,000-square-metre (75,000 sq ft) building is equipped with a modern communications system, an advanced record-maintenance system, storage space, computerised access control and an additional facility for new technology. Interrogation rooms, cells, dormitories and conference halls are provided. The building has a staff cafeteria with a capacity of 500, gyms, a terrace garden, and bi-level basement parking for 470 vehicles. Advanced fire-control and power-backup systems are provided, in addition to a press briefing room and media lounge.[19]
On January 7, 2025, theIndian Home MinisterAmit Shah, launched the CBI developedBharatpol platform. It will help streamline the communication between local law enforcement authorities andInterpol. Rapid and secure transmission of Interpol notices will be guaranteed by the platform. 195 countries' Interpol references will be integrated for global assistance. Local agencies would be able to access the 195 countries' support requests instantly. Additionally, it will streamline capacity-building programs and document management and interchange. Requests for real-time data exchange, including the sending ofRed Corner Notices (RCNs) and other alerts over a worldwide network, will be responded to by Bharatpol more quickly both domestically and internationally. Crimes likecybercrime,illegal drug trade,arms trafficking,human trafficking, andterrorism will be addressed with the assistance of Bharatpol. It will have access to 19 different kinds of Interpol databases.[20][21]
Officers:[22]
Subordinates:
The CBI Academy inGhaziabad (east ofDelhi) began in 1996.[23] It is about 40 kilometres (25 mi) from the New Delhi railway station and about 65 km (40 mi) fromIndira Gandhi International Airport. The 26.5-acre (10.7 ha) campus, with fields and plantations, houses the administrative, academic, hostel and residential buildings. Before the academy was built a small training centre at Lok Nayak Bhawan,New Delhi, conducted short-term in-service courses. The CBI then relied on state police-training institutions and theSardar Vallabhbhai Patel National Police Academy inHyderabad for basic training courses for deputy superintendents of police, sub-inspectors and constables.
In 2022, responding to a question, The Minister of state in the Prime Minister's office informed Rajya Sabha that a total of nine states had withdrawn general consent to the CBI to investigate cases in those states. The states include West Bengal, Maharashtra, Kerala and Punjab.[24] In June 2023, Tamil Nadu became the ninth state to withdraw consent.[25]
The CBI is the primary investigative agency for corruption cases involving Central Government employees under thePrevention of Corruption Act (PC Act) and the Delhi Special Police Establishment (DSPE) Act. However, the scope of its jurisdiction has been subject to legal interpretations.
In a significant ruling, theKerala High Court held that theVigilance and Anti-Corruption Bureau (VACB), a state anti-corruption agency, also possesses the authority to investigate corruption cases involving Central Government employees within the state. The court reasoned that neither the PC Act nor the DSPE Act explicitly prohibits state agencies from investigating such cases.
This ruling underscores the complexities surrounding the jurisdiction of investigative agencies in corruption matters. While the CBI holds primary responsibility, state anti-corruption agencies may also possess concurrent jurisdiction in certain circumstances, depending on the specific provisions of relevant legislation and judicial interpretations.
The High Court observed that neither the Prevention of Corruption Act (PCA) nor the Delhi Special Police Establishment (DSPE) Act of 1946 explicitly prohibits state anti corruption agencies or state police from investigating corruption cases involving Central Government employees. Moreover, neither act grants exclusive investigative authority to the CBI, theCentral Vigilance Commission, or any other Central Government entity.[26][27][28][29]
The court , therefore, held that "the VACB, being a specially constituted agency to investigate bribery, corruption and misconduct mainly under the PC Act is always clothed with the authority to investigate offences involving corruption that take place within the State, whether it is committed by a Central government employee or a State Government employee.[30][31]
The CBI was originally constituted under the Delhi Special Police Establishment Act to operate within the territory of Delhi. As policing and law is a subject that falls within state powers under the structure of Indian federalism, the CBI needs prior consent from other state governments in order to conduct investigations within their territory. This consent can be in the form of a 'general consent' under Section 6 of the Delhi Special Police Establishment Act, which remains in operation for all investigations until it is revoked, or alternatively, a 'specific consent' authorising investigations in individual cases.[32][33] Once consent is granted, the CBI can investigate economic, corruption, and special crimes (including national security, drugs and narcotics, etc.)[33]
Most Indian states had granted general consent to the CBI to investigate crimes within their territory. However, as of 2020, several states have withdrawn their 'general consent' for the CBI to operate, and require a special consent to be granted on a case to case basis. In November 2018West Bengal government withdrew general consent for the CBI to investigate, and accused the Central Government of using federal agencies to destabilise state politics.[34] Andhra Pradesh restored general consent in 2019.[35] Chhattisgarh and Maharashtra have given general consent to the CBI after elections.[36] In November 2020,Kerala,Jharkhand, andPunjab withdrew general consent to the CBI.[37][38][39]Mizoram had previously withdrawn general consent to the CBI as well.[40][39]Meghalaya withdrew consent in March 2022,[41] andTamil Nadu withdrew consent in June 2023, andKarnataka in 2024. Altogether, eight states require prior consent before the CBI can investigate crimes in their territory.[25]
TheHigh Courts and theSupreme Court have the jurisdiction to order a CBI investigation into an offence alleged to have been committed in a state without the state's consent, according to a five-judge constitutionalbench of the Supreme Court (in Civil Appeals 6249 and 6250 of 2001) on 17 February 2010. The bench ruled:
Being the protectors of civil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Article 21 of the Constitution in particular, zealously and vigilantly.
— Five-judge constitutional bench of the Supreme Court of India,[42]
The court clarifiedthis is an extraordinary power which must be exercised sparingly, cautiously and only in exceptional situations.[42][43]
CBI is exempted from the provisions of theRight to Information Act, 2005. This exemption was granted by the government on 9 June 2011 (with similar exemptions to theNational Investigation Agency (NIA), theDirectorate General of Income Tax Investigation and theNational Intelligence Grid (Natgrid)) on the basis of national security. It was criticized by the Central Information Commission and RTI activists, who said the blanket exemption violated the letter and intent of the RTI Act.[7] The exemption was upheld inMadras High Court.
CBI, operationaly is divided into zones.Each zonal office is headed by a Joint Director and oversees multiple branch offices within its jurisdiction. Major zonal offices are located in cities likeDelhi,Mumbai,Chennai,Kolkata,Hyderabad, andChandigarh. These offices control specialized units such as Anti-Corruption Branches (ACBs), Economic Offences Branches (EOBs), and Special Crimes Branches (SCBs) within their regions, ensuring effective investigation, administrative support, and inter-agency coordination at the regional level.[44]
Each Special Crime Branch (SCB), Anti-Corruption Branch (ACB) and Economic Offences Branch is headed by aDeputy Inspector General (DIG) orSuperintendent of Police (SP). They are assisted by Addl.SPs, DySPs, inspectors, sub-inspectors, and constables.
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The CBI's annualconviction rate:
| Year | Conviction rate |
|---|---|
| 2022 | 74.59%[45] |
| 2021 | 67.56%[45] |
| 2020 | 69.83%[46] |
| 2019 | 69.19%[45] |
| 2018 | 68%[45] |
| 2011 | 67%[47] |
| 2010 | 70.8%[48] |
| 2009 | N/A |
| 2008 | 66.2%[49] |
| 2007 | 67.7%[50] |
The CBI recruits personnel through both direct and indirect methods. Direct recruitment primarily occurs through theStaff Selection Commission'sCombined Graduate Level (SSC CGL) exam, filling entry-level positions for subordinate staff. Indirectly, superior officer positions (Group A) are predominantly filled by deputing experienced and meritorious officers from theIndian Police Service (IPS) cadre and sometimes fromIndian Revenue Service (IRS) Cadre. Additionally, subordinate positions can be filled by deputing personnel from variousstate police forces, union territory police, and other law enforcement agencies.
Officers fromState Police Services (SPSs) across India, holding ranks ranging fromDeputy superintendent of police (DSPs) toAdditional superintendent of police (Addl. SP), as well as subordinate ranks likeInspector andSub-Inspector of Police, can be deputed to the Central Bureau of Investigation (CBI).
In 2013, Judge of theSupreme Court of India (and laterChief Justice of India)R. M. Lodha criticized the CBI for being a "caged parrot speaking in its master's voice", due to its excessive political interference irrespective of which party happened to be in power.[51][52]
Because of the CBI's political overtones,[53] it has been exposed by former officials such as Joginder Singh and B. R. Lall (director and joint director, respectively) as engaging in nepotism, wrongful prosecution and corruption. In Lall's book,Who Owns CBI, he details how investigations are manipulated and derailed.[54] Corruption within the organisation[55][56]has been revealed in information obtained under the RTI Act,[57] and RTI activist Krishnanand Tripathi has alleged harassment from the CBI to save itself from exposure via RTI.[58] The states that have withdrawn consent to the CBI have accused the CBI of being a tool used by the Union Government to unfairly target parties ideologically rivaling them.[41]
Normally, cases assigned to the CBI are sensitive and of national importance. It is standard practice for state police departments to register cases under itsjurisdiction; if necessary, the central government may transfer a case to the CBI. The agency has been criticised for its mishandling of several scams.[59][60][61] It has also been criticized for dragging its feet investigating prominent politicians, such asP. V. Narasimha Rao,J. Jayalalithaa,Lalu Prasad Yadav,Mayawati andMulayam Singh Yadav; this tactic leads to their acquittal or non-prosecution.[62]
In January 2006 it was discovered that the CBI had quietly unfrozen bank accounts belonging to Italian businessmanOttavio Quattrocchi, one of those accused in the 1986Bofors scandal which tainted the government ofRajiv Gandhi.[citation needed] The CBI was responsible for the inquiry into the Bofors case. Associates of then-prime minister Rajiv Gandhi were linked to alleged payoffs made during the mid-1980s by Swedish arms firm AB Bofors, with US million[clarification needed]in kickbacks moved from Britain and Panama to secret Swiss banks. The 410howitzers purchased in the US million arms sale were reported to be inferior to those offered by a French competitor.
The CBI, which unfroze₹21 crore (US$2.5 million) in a London bank in accounts held by Bofors, accused Quattrocchi and his wife Maria in 2006 but facilitated his travel by asking Interpol to take him off its wanted list on 29 April 2009.After communications from the CBI, Interpol withdrew theInterpol notice on Quattrocchi.[63]
A 1991 arrest of militants in Kashmir led to a raid onhawala brokers, revealing evidence of large-scale payments to national politicians. The Jain hawala case encompassed former Union ministers Ajit Kumar Panja and P. Shiv Shankar, former Uttar Pradesh governor Motilal Vora, Bharatiya Janata Party leader Yashwant Sinha. The 20 defendants were discharged by Special Judge V. B. Gupta in the₹ 650-million case, heard in New Delhi.
The judge ruled that there was noprima facie evidence against the accused which could be converted into legal evidence. Those freed included Bharatiya Janata Party president L. K. Advani; former Union ministers V. C. Shukla, Arjun Singh, Madhavrao Scindia, N. D. Tiwari and R. K. Dhawan, and former Delhi chief minister Madan Lal Khurana. In 1997 a ruling by lateChief Justice of India J. S. Verma listed about two dozen guidelines which, if followed, would have ensured the independence of the investigating agency. Sixteen years later, successive governments circumvent the guidelines and treat the CBI as another wing of the government. Although the prosecution was prompted by a public-interest petition, the cases concluded with no convictions. InVineet Narain & Others v Union of India AIR 1996 SC 3386, the Supreme Court ruled that theCentral Vigilance Commission should have a supervisory role over the CBI.[64]
In this case Santosh Kumar Singh, the alleged murderer of a 25-year-old law student, was acquitted for what the judge called "deliberate inaction" by the investigating team. The accused was the son of a high-ranking officer in the Indian Police Service, the reason for the CBI's involvement. The 1999 judgment noted that "the influence of the father of the accused has been there". Embarrassed by the judgment, CBI Director R. K. Raghavan appointed two special directors (P. C. Sharma and Gopal Achari) to study the judgement. The CBI appealed the verdict in Delhi High Court in 2000, and the court issued a warrant for the accused. The CBI applied for an early hearing in July 2006; in October the High Court found Singh guilty of rape and murder, sentencing him to death.[citation needed]
This case concerns 27 March 1992 death of anun who was found in awater well in the Saint Pius X convent hostel inKottayam, Kerala. Five CBI investigations have failed to yield any suspects. The case was solved finally in December 2020 where the Main Accused were sentenced to life imprisonment by The Kerala High Court.
The CBI has been accused of supporting the rulingIndian National Congress against its opposition, theBharatiya Janata Party. The CBI is investigating the Sohrabuddin case in Gujarat; Geeta Johri, also investigating the case, claimed that the CBI is pressuring her to falsely implicate former Gujarat ministerAmit Shah.[65]
Sant Singh Chatwal was a suspect in CBI records for 14 years. The agency had filed two charge sheets, sentLetters rogatory abroad and sent a team to the United States to imprison Chatwal and his wife from 2–5 February 1997. On 30 May 2007 and 10 August 2008 former CBI directors Vijay Shankar and Ashwani Kumar, respectively, signed no-challenge orders on the imprisonment. Later, it was decided not to appeal their release.
This closed a case of bank fraud in which Chatwal had been embroiled for over a decade. Along with four others, Chatwal was charged with being part of a "criminal conspiracy" to defraud the Bank of India's New York branch of₹28.32 crore (US$3.3 million). Four charges were filed by the CBI, with Chatwal named a defendant in two. The other two trials are still in progress. RTI applicant Krishnanand Tripathi was denied access to public information concerning the closed cases. TheCentral Information Commission later ordered the CBI to disclose the information; however, the CBI is exempt from the RTI Act (seeabove). Chatwal is a recipient of thePadma Bhushan.[66][67][68]
This case concerns 5 December 2002 death of T. M. Varghese (also known as Malankara Varghese), a member of theMalankara Orthodox Syrian Church managing committee and a timber merchant. Varghese Thekkekara, a priest and manager of the Angamali diocese of the rivalJacobite Syrian Christian Church (part of theSyriac Orthodox Church), was charged with murder and conspiracy on 9 May 2010. Thekkekara was not arrested after he was charged, for which the CBI was criticised by theKerala High Court and the media.[69]
The CBI was publicly seen as ineffective in trying the 1984 Bhopal disaster case. Former CBI joint director B. R. Lall has said that he was asked to remain soft on extradition for Union Carbide CEOWarren Anderson[70] and drop the charges (which includedculpable homicide). Those accused received two-year sentences.[71]
TheUPA government has been accused of allocating 2G spectrum to corporations at very low prices through corrupt and illegal means. The Supreme Court cited the CBI many times for its tardiness in the investigations;[72][73] only after the court began monitoring its investigations[74][75][76] were high-profile arrests made.
This is a political scandal concerning the Indian UPA government's allocation of the nation's coal deposits to private companies by the former Prime Minister Manmohan Singh, which cost the government₹10,673.03 billion (US$130 billion). CBI directorRanjit Sinha submitted an affidavit in the Supreme Court that the coal-scam status report prepared by the agency was shared with Congress Party law ministerAshwani Kumar "as desired by him" and with secretary-level officers from the prime minister's office (PMO) and the coal ministry before presenting it to the court.[77]
This is a double murder case of 14-year-old girl Aarushi Talwar and 45-year-old Hemraj Banjade fromNoida,India. On 26 November 2013, parents of the girl, Rajesh and Nupur Talwar, were sentenced to life imprisonment for the murders.[78] In January 2014, the Talwars challenged the decision in theAllahabad High Court.[79] The High Court's acquitted them of all charges on 12 October 2017 because of the lack of 'irresistible proof'.[80] The Allahabad HC in its verdict said that there were loopholes in the evidence which found the parents not guilty. Court also said that CBI tampered with evidence and tutored witnesses. Questions arose by nation on investigation and judgement given by CBI court.[81][82][83][84]
2024 Kolkata rape and murder case
This is a rape and murder case of a 31 year old female post-graduate trainee doctor at theR. G. Kar Medical College and Hospital inKolkata,India. On 13 December 2024, the formerR. G. Kar principalSandip Ghosh and the station house officer of the Tala Police Station Abhijit Mondal were granted bail by the Sealdah Court inKolkata fordestruction of evidence in the2024 Kolkata rape and murder case as the CBI failed to file a chargesheet against Ghosh and Mondal within a span of 90 days.[85] This has led to a widespread outrage as the victim's parents were not satisfied with the CBI investigation stating that evidence had been destroyed by Ghosh and Mondal.[86]
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