The CBI is a multidisciplinary investigation agency of the Government of India and undertakes investigation of corruption-related cases, economic offences and cases of conventional crime. It normally confines its activities in the anti-corruption field to offences committed by the employees of the Central Government and Union Territories and their public sector undertakings. It takes up investigation of conventional crimes like murder, kidnapping, rape etc., on reference from the state governments or when directed by the Supreme Court/High Courts. The CBI acts as the “National Central Bureau” of Interpol in India. The Interpol Wing of the CBI coordinates requests for investigation-related activities originating from Indian law enforcement agencies and the member countries of the Interpol.
The founder director of the CBI was Shri D.P. Kohli who held office from 1st April, 1963 to 31st May, 1968. Before this, he was Inspector-General of Police of the Special Police Establishment from 1955 to 1963. Before that he held responsible positions in police in Madhya Bharat, Uttar Pradesh and Govt. of India. He was Police Chief in Madhya Bharat before joining the SPE. Shri Kohli was awarded ‘Padma Bhushan’ in 1967 for his distinguished services. He nurtured the organisation during his long stint as Inspector General and as Director and laid the solid foundation on which the organisation grew over the decades to become what it is today.
Composition of CBI
The CBI is headed by a Director. He is assisted by a Special Director or an Additional Director. Additionally, it has a number of joint directors, deputy inspector generals, superintendents of police and all other usual ranks of police personnel.
The Director of CBI as Inspector-General of Police, Delhi Special Police Establishment, is responsible for the administration of the organization. With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission.
The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003 (Vineet Narain Case). The CVC Act also provides the mechanism for the selection of the Director of CBI and other officers of the rank of SP and above in the CBI.
The Director of the CBI is appointed by the Central Government on the recommendation of a committee consisting of the Central Vigilance Commissioner as Chairperson, the Vigilance Commissioners, the Secretary to the Government of India in-charge of the Ministry of Home Affairs and the Secretary (Coordination and Public Grievances) in the Cabinet Secretariat.
Organization of CBI
At present (2013), the CBI has the following divisions:
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
History
The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India.
The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Deptt. of India during World War II.
Superintendence of the S.P.E. was vested with the War Department. Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt. The Delhi Special Police Establishment Act was therefore brought into force in 1946. This Act transferred the superintendence of the SPE to the Home Department and its functions were enlarged to cover all departments of the Govt. of India. The jurisdiction of the SPE extended to all the Union Territories and could be extended also to the States with the consent of the State Government concerned. Initially, under section 4 of DSPE Act, 1946 the administration of the Delhi Special Police Establishment was governed by the provisions of which contemplated the following:
(1) The superintendence of the Delhi Special Police Establishment shall vest in the Central Government.
(2) The administration of the said police establishment shall vest in an officer appointed in this behalf by the Central Government who shall exercise in respect of that police establishment such of the powers exercisable by an Inspector General of Police in respect of the police force in a State, as the Central Government may specify in this behalf.”
The Central Bureau of Investigation was established on 1.4.1963 vide Government of India’s Resolution No, 4/31/61- T/MHA (Home Ministry). Initially the offences that were notified by the Central Government related only to corruption by Central Govt. servants. In due course, with the setting up of a large number of public sector undertakings, the employees of these undertakings were also brought under CBI purview. Similarly, with the nationalisation of the banks in 1969, the Public Sector Banks and their employees also came within the ambit of the CBI.
From 1965 onwards, the CBI has also been entrusted with the investigation of Economic Offences and important conventional crimes such as murders, kidnapping, terrorist crimes, etc., on a selective basis.
The SPE initially had two Wings. They were the General Offences Wing (GOW) and Economic Offences Wing (EOW). The GOW dealt with cases of bribery and corruption involving the employees of Central Government and Public Sector Undertakings. The EOW dealt with cases of violation of various economic/fiscal laws. Under this set-up, the GOW had at least one Branch in each State and the EOW in the four metropolitan cities, i.e, Delhi, Madras, Bombay and Calcutta. These EOW Branches dealt with offences reported from the Regions, i.e, each Branch had jurisdiction over several States.
It was decided in 1987 to constitute three Investigation Divisions, namely, Anti-Corruption Division, Special Crimes Division and Economic Offences Division were created under CBI to reduce the increased workload as the CBI, over the years, established a reputation for impartiality and competence, demands were made on it to take up investigation of more cases of conventional crime such as murder, kidnapping, terrorist crime, etc. Apart from this, even the Supreme Court and the various High Courts of the country also started entrusting such cases for investigation to the CBI on petitions filed by aggrieved parties.
Till 1985 the CBI was under the Department of Personnel and Administrative Reforms in the Home Ministry. And, in 1985 a full-fledged ministry was created with the name Ministry of Personnel, Public Grievances and Pensions with three separate departments under it:
- Department of Personnel and Training (DOPT) (this also includes recruitment of officers through UPSC and SPSC)
- Department of Administrative Reforms and Public Grievances
- Department of Pensions and Pensioners’ Welfare
Hence DOPT supervises and controls the following organizations, namely:
- Union Public Service Commission (supervises)
- Staff Selection Commission
- Public Enterprises Selection Board
- Lal Bahadur Shastri National Academy of Administration
- Institute of Secretariat Training and Management
- Central Vigilance Commission (supervises)
- Central Bureau of Investigation
- Indian Institute of Public Administration
- Central Information Commission
Therefore, now CBI is under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions, which is headed by the Prime Minister of India.
Functions of CBI
1. Investigating cases of corruption, bribery and misconduct of Central government employees
2. Investigating cases relating to infringement of fiscal and economic laws, that is, breach of laws concerning export and import control, customs and central excise, income tax, foreign exchange regulations and so on. However, such cases are taken up either in consultation with or at the request of the department concerned.
3. Investigating serious crimes, having national and international ramifications, committed by organized gangs of professional criminals.
4. Coordinating the activities of the anti-corruption agencies and the various state police forces.
5. Taking up, on the request of a state government, any case of public importance for investigation.
6. Maintaining crime statistics and disseminating criminal information.
