Q. With reference to general consent to CBI, consider the following statements:
1. It must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state.
2. It has the power to investigate cases that had been registered before consent was withdrawn.
Which of the statements given above is/are correct?
Answer: C
Notes:
Both statements are correct.
- CBI is governed by The Delhi Special Police Establishment (DSPE) Act, 1946. The jurisdiction of CBI is confined to Delhi and Union Territories under this Act. Section 5 of the DSPE Act empowers special police establishments (SPEs), including CBI, to investigate cases in the states. Section 6 of the DSPE Act restricts the powers of SPEs under section 5 and puts the condition of the consent of the Government of that State to investigate any case in that state.
- So, the CBI must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state. It can be either case-specific or general.
- CBI has the power to investigate cases that had been registered before consent was withdrawn.
Source: Article
