The Central Bureau of Investigation (CBI) (Hindi: केंद्रीय अन्वेषण ब्यूरो 'Kendriya Janch Bureau'), is India's premier investigating agency, responsible for a wide variety of criminal and national security matters. It was established on 1 April 1963 and evolved from the Special Police Establishment founded in 1941.
The Central Bureau of Investigation is controlled by the Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pension of the Union Government usually headed by a Union Minister who reports directly to the Prime Minister. While analogous in structure to the FBI, the CBI's powers and function are severely limited to specific crimes based on Acts (mainly the Delhi Special Police Establishment Act, 1946). The CBI is the official Interpol unit for India.The current director of CBI is Ashwani Kumar (since August 2, 2008).

 

The Central Bureau of Investigation Academy is located at Ghaziabad, Uttar Pradesh since 1996. It is a training centre that caters to the training needs of all ranks of Central Bureau of Investigation. Training facilities for certain specialized courses are also made available to the officials of the Central Police Organisations (CPO), State Police, Vigilance organizations of public sector undertakings, banks and government departments and Indian Armed Forces.

The Department of Personnel and Training in the Ministry of Personnel controls the Central Bureau of Investigation. A Minister of State who reports directly to the Prime Minister heads the Public Grievances and Pension of the Union Government. While equivalent in structure to the FBI, the Central Bureau of Investigation `s powers and function are strictly limited to specific crimes based on Acts, primarily in the Delhi Special Police Establishment Act of 1946. The Central Bureau of Investigation is the official Interpol unit for India.

The Special Police Establishment that was set up in 1941 by the Government of India founded the Central Bureau of Investigation. The functions of the SPE then were to examine cases of enticement and corruption in dealings with the War and Supply Department Of India during World War II. Superintendent of the SPE was responsible to control the War Department, even after the end of the War. Eventually, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was urgently felt. The Delhi Special Police Establishment Act was therefore implemented in 1946. The jurisdiction of the SPE extended to all the Union Territories and had the access to extend also to the States with the consent of the State Government concerned.

DP Kohli was the founder Director of CBI who held office from 1 April 1963 to 31 May 1968. Formerly, he was Inspector-General of Police of the Special Police Establishment from 1955 to 1963. Later, Kohli was awarded `Padma Bhushan` in 1967 for his distinguished services. Kohli designed the Special Police Establishment into the national investigative agency, nurtured the organization during his long stint as Inspector General and as Director, laid the solid foundation of Central Bureau of Investigation.

The Central Bureau of Investigation has adequate resources to deal with complicated cases and takes up investigation of more cases of conventional crime such as murder, kidnapping, terrorism and others. Apart from this, the Supreme Court and even the various High Courts of the country often entrust cases for investigation to the Central Bureau of Investigation on petitions filed by distressed parties. In 1987 two investigation divisions in the Central Bureau of Investigation, namely, Anti-Corruption Division and Special Crimes Division was instituted. The latter one deals with the cases of conventional crime, besides economic offences. The Central Bureau of Investigation is a central subject under the Constitution of India and it reports to the Indian Government.

The Central Bureau of Investigation plays a major role in preservation of values in public life and in ensures the health of the national economy. Central Bureau of Investigation generates a major impact on the political and economic life of the nation.

The CBI handles the following broad categories of criminal cases:

Cases of corruption and fraud committed by public servants of all Central Public Sector Undertakings, Central Govt. Departments and Central Financial Institutions.

Economic crimes, financial frauds, bank frauds, Import Export and Foreign Exchange violations, large-scale smuggling of narcotics, cultural property, antiques, and smuggling of other contraband items.

Special Crimes, such as cases of bomb blasts, terrorism, kidnapping for ransom sensational homicides and crimes committed by the mafia or the underworld.

A Director controls the Central Bureau of Investigation. The other important ranks in the Central Bureau of Investigation are Special Director, Joint Director, Additional Director, Deputy Inspector General of Police, Senior Superintendent of Police, Superintendent of Police, Dy. Superintendent of Police, Additional Superintendent of Police, Inspector, Assistant Sub-Inspector, Sub-Inspector, Head Constable and Constable.

The legal powers of investigation of Central Bureau of Investigation are obtained from the DSPE Act 1946. This Act confers simultaneous and coextensive powers, duties, rights and liabilities on the members of Delhi Special Police Establishment (CBI) with Police Officers of the Union Territories. However, the Central Bureau of Investigation cases do have a limitation. The CBI officials cannot take up cases, which are essentially against Central Govt. employees or concerning affairs of the Central Govt. and the employees of the Central Public Sector; cases in which the financial interests of the Central Government are involved and the cases related to the breaches of Central Laws. 

 

Structure of CBI

The CBI is headed by a Director. Director is selected based on the procedure laid down by CVC Act 2003 and has a tenure of 2 years. The other important ranks in the CBI are Special Director, Additional Director, Joint Director, Deputy Inspector General of Police,Sr. Superintendent of Police, Superintendent of Police, Additional Superintendent of Police, Dy. Superintendent of Police, Inspector, Sub-Inspector, Assistant Sub-Inspector, Head Constable and Constable.^[1]
According to annual reports Staff of CBI is usually divided between Ministerial staff, Ex-cadre posts which are usually of technical nature, Executive Staff and EDP Staff. Hindi Bhasha staff belongs to the Deptt of official languages.
Ministerial Staff includes LDC, UDC, Crime Assistants etc. Executive Staff includes Constables, ASI, Sub-Inspectors, Inspectors etc. EDP Staff includes Data Entry Operators, Data Processing Assistants, Assistant Programmers, Programmers and SSA.

Jurisdiction Powers, privileges and liabilities

The legal powers of investigation of CBI are derived from the DSPE Act 1946. This Act confers concurrent and coextensive powers, duties, privileges and liabilities on the members of Delhi Special Police Establishment (CBI) with Police Officers of the Union Territories. The Central Government may extend to any area, besides Union Territories, the powers and jurisdiction of members of the CBI for investigation subject to the consent of the Government of the concerned State. While exercising such powers, members of the CBI of or above the rank of Sub Inspector shall be deemed to be officers incharge of Police Stations of respective jurisdictions. The CBI can investigate only such of the offences as are notified by the Central Government under the DSPE Act.

Jurisdiction of CBI vis-a-vis State Police

Law and Order is a State subject and the basic jurisdiction to investigate crime lies with State Police. Besides, due to limited resources, CBI would not be able to investigate crimes of all kind. CBI may investigate:

• Cases which are essentially against Central Govt. employees or concerning affairs of the Central Govt. and the employees of the Central Public Sector Undertakings and Public Sector Banks.

• Cases in which the financial interests of the Central Government are involved.

• Cases relating to the breaches of Central Laws with the enforcement of which the Government of India is mainly concerned.

• Big cases of fraud, cheating, embezzlement and the like relating to companies in which large funds are involved and similar other cases when committed by organised gangs or professional criminals having ramifications in several States.

• Cases having interstate and international ramifications and involving several official agencies where, from all angles, it is considered necessary that a single investigating agency should be incharge of the investigation.

 

Corruption in CBI

Because of its intensely political overtones, it has been exposed by its former bigwigs like Joginder Singh and BR Sharma who were Director and Joint Director respectively, to be engaging in nepotism , mal-prosecution and outright corruption. In his book, Who Owns CBI, BR Lall, an honest and upright officer details the modus operandi of manipulating and derailing investigation^[2]

[edit] Controversies

Normally, cases assigned to the CBI are sensitive and of national importance. It is a usual practice for the respective state police departments, to initially register any case coming under its jurisdiction, and if necessary, through mediation by the central government, the cases may be transferred to the CBI. The CBI handles many high profile cases, and is never far from controversy.

Some of the popular cases taken up by the Central Bureau of Investigation are the Bofors, ISRO spy ring, Hawala, Nithari Killings, Sister Abhaya murder case, Dawood Ibrahim case, Priyadarshini Mattoo murder case and many more.