A crime is alleged to have been committed in a particular State. The Central Government has referred the case to Central Bureau of Investigation Agency (CBI) for investigation. Can CBI conduct such investigation on the d
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2019
A crime is alleged to have been committed in a particular State. The Central Government has referred the case to Central Bureau of Investigation Agency (CBI) for investigation. Can CBI conduct such investigation on the direction of Central Government ? Would your answer be different if such direction was given by the Supreme court of India ?
Answer & Explanation:
No, The Central Bureau of Investigation (CBI) cannot directly investigate based on the directions of Central Government. The functioning of CBI is governed by section 6 of Delhi Special Police Establishment Act, 1946. The Act prohibits the agency from investigating the case outside Delhi and other Union Territories without permission from the respective state government. The Central Government can authorize CBI to investigate such a crime in a State but only with the consent of the concerned State Government. Yes, The Supreme Court and High Courts can order CBI to investigate such a crime anywhere in the country without the consent of the State.
Topics: Criminal Law
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