Can CBI take a case without permission from the government?

CBI is governed by Delhi Special Police Establishment (DSPE) Act, 1946CBI is a specialized agency meant for investigation of crime relating to Corruption by Public Servants under the control of the Central Government, serious economic offences and frauds and sensational crime having inter-state/all-India ramifications.

CBI does not take up investigation of general and routine nature of crime as the Police forces of the State and Union Territories are meant to investigate such crime.

CBI Overview

As far as crime of corruption by Public Servants of the Central Government is concerned, an individual can approach any anti-corruption branch of CBI nearest to him, anywhere in the country. CBI has such branches in all the State Capitals and many other cities.

CBI has branches for registration of Economic and Special Crime offences in all the four metropolitan cities, viz. Delhi, Mumbai, Kolkata and Chennai.

CBI Network

Any of these branches can be approached for providing information about serious economic offences as well as serious special crimes such as drug and human trafficking, fake currency, poaching of wild life, adulteration of drugs and food products, organized crime having all-India/inter-State ramifications.

Hence, CBI can act suo motu too and on complaints received from public too but in limited areas.

CBI can be approached by also sending the information/complaint by post, by SMS from a mobile phone, by making a phone call to the concerned Branch, by sending e mails to its officers and by posting the information/complaint on its website.

Can CBI take over the investigation of a criminal case registered by the State Police?

Yes, it can, in the following situations

  1. The concerned State Government makes a request to that effect and the Central Government agrees to it (Central Government generally seeks comment of CBI before deciding upon the request of the State)
  2. The State Government issues notification of consent under section 6 of the DSPE Act and the Central Government issues notification under section 5 of the DSPE Act
  3. The Supreme Court or High Courts orders CBI to take up such investigations.

Source: 

CBI official website. http://www.cbi.gov.in/index.php

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