Central Bureau of Investigation (CBI)

The CBI was created in 1963 through a resolution of the Ministry of Home Affairs. It was subsequently placed under the Ministry of Personnel, where it now functions as an attached office under the Department of Personnel and Training (DoPT).

The Special Police Establishment (SPE), originally set up in 1941 to handle vigilance cases, was merged into the CBI upon its formation.

Key foundational facts:

• Recommended by the Santhanam Committee on Prevention of Corruption (1962–1964)
• Not a statutory body — it is not created by an Act of Parliament
• Derives its powers from the Delhi Special Police Establishment (DSPE) Act, 1946
• Serves as the principal investigating arm of the Central Government

Exam Trap: The CBI is often confused with a statutory body. It is not. It was created by an executive resolution, not legislation.

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Motto: Industry, Impartiality and Integrity

Mission: To uphold the Constitution and the rule of law through rigorous investigation and successful prosecution; to provide leadership to police forces; and to serve as the nodal agency for interstate and international law enforcement cooperation.

Vision (Key Focus Areas):

1. Fighting corruption in public life and curbing economic and violent crimes through thorough investigation
2. Developing effective systems for investigation and prosecution across courts
3. Combating cyber and high-technology crimes
4. Fostering a healthy, trust-based work environment
5. Supporting state police and international law enforcement agencies
6. Leading efforts against national and transnational organised crime
7. Upholding human rights and protecting environmental, cultural, and heritage assets
8. Promoting scientific temper, humanism and reform
9. Achieving excellence and professionalism across all functions

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Divisions (as of 2016)

1. Anti-Corruption Division
2. Economic Offences Division
3. Special Crimes Division
4. Policy and International Police Cooperation Division
5. Administration Division
6. Directorate of Prosecution
7. Central Forensic Science Laboratory

Composition

• Headed by a Director (rank of Inspector-General of Police, DSPE)
• Assisted by Special Director / Additional Director
• Further staffed by Joint Directors, Deputy Inspector Generals, Superintendents of Police, and other police personnel
• Approximately 5,000 staff members, ~125 forensic scientists, ~250 law officers

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Director of CBI

Under the Lokpal and Lokayuktas Act, 2013 (which amended the DSPE Act, 1946), the Director is appointed by the Central Government on the recommendation of a three-member committee:

1. Prime Minister — Chairperson
2. Leader of Opposition in the Lok Sabha
3. Chief Justice of India (or a Supreme Court Judge nominated by the CJI)

The DSPE (Amendment) Act, 2014 added that if there is no recognised Leader of Opposition in the Lok Sabha, the leader of the single largest opposition party shall be the member.

The CVC Act, 2003 provides the Director a secured tenure of two years.

Superintendence

• General superintendence over the DSPE vests with the Central Government
• For cases under the Prevention of Corruption Act, 1988, superintendence vests with the Central Vigilance Commission (CVC)

Officers of SP Rank and Above

Appointed by the Central Government on the recommendation of a committee comprising:

• Central Vigilance Commissioner — Chairperson
• Vigilance Commissioners
• Secretary, Ministry of Home Affairs
• Secretary, Department of Personnel

Directorate of Prosecution

• Headed by a Director of Prosecution (rank: not below Joint Secretary to GoI)
• Appointed on the recommendation of the CVC
• Functions under the overall supervision of the CBI Director
• Tenure: two years

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1. Anti-corruption investigations: Cases involving bribery, misconduct, or corruption by Central Government employees
2. Fiscal and economic offences: Violations of laws on exports/imports, customs, central excise, income tax, and foreign exchange — taken up in consultation with or at the request of the concerned department
3. Organised crime: Serious crimes with national or international dimensions committed by professional criminal gangs
4. Coordination: Coordinating anti-corruption agencies and various state police forces
5. State referrals: Taking up cases of public importance when referred by state governments
6. Crime statistics: Maintaining national crime data and disseminating criminal intelligence

Jurisdictional scope:

• Anti-corruption work is generally confined to Central Government employees, Union Territory employees, and employees of Central public sector undertakings
• Conventional crimes (murder, kidnapping, rape, etc.) are taken up only on reference from state governments or when directed by the Supreme Court or High Courts

Interpol role: The CBI functions as India's National Central Bureau of Interpol. Its Interpol Wing coordinates investigation requests between Indian law enforcement agencies and Interpol member countries.

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Under Section 6A of the DSPE Act, the CBI was required to obtain prior approval of the Central Government before initiating any inquiry or investigation against officers of Joint Secretary rank and above.

Supreme Court Verdict (May 6, 2014)

A Constitution Bench struck down Section 6A as unconstitutional, holding:

• It violated Article 14 (Right to Equality), as it created an unjustified distinction between junior and senior corrupt officials
• Corruption is an enemy of the nation; tracking down corrupt public servants regardless of rank is a mandatory object of the PC Act, 1988
• The provision shielded senior bureaucrats from even preliminary inquiry, impeding the CBI's core function
• The rule of law cannot selectively protect decision-makers from the same investigative process applicable to others

Exam Significance: This ruling is frequently asked in UPSC. Section 6A was declared void for violating Article 14. After this judgment, the CBI no longer needs prior sanction to probe senior bureaucrats in corruption cases.

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The Special Police Establishment (a division of the CBI) plays a supplementary role to state police forces. Both enjoy concurrent powers of investigation and prosecution under the DSPE Act, 1946.

To prevent overlap, the following administrative boundaries apply:

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• Location: Ghaziabad, Uttar Pradesh
• Operational since: 1996 (earlier, training was at CBI Training Centre, New Delhi)
• Vision: Excellence in training in crime investigation, prosecution, and vigilance functioning
• Mission: To train CBI, state police, and vigilance personnel to be professional, impartial, and dedicated

Training Courses Offered:

1. Short Term In-service Courses — For CBI officers, state police, central paramilitary forces, and Central Government undertaking personnel
2. Long Term Basic Courses — For directly recruited Deputy Superintendents of Police, Sub-Inspectors, and Constables of the CBI

Regional Training Centres: Kolkata, Mumbai, and Chennai

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