United States and Cbi Essay

Submitted By Lj9999
Words: 1789
Pages: 8

What is known today as the CBI was originally set up as the Special Police Establishment (SPE) in 1941 to investigate cases of bribery and corruption involving the employees of the War and Supply Depart­ment of the Government of India during the Second World War.

Even after the war was over, the need to continue the agency to investigate corruption charges involving government servants was felt. The Delhi Special Police Establishment Act was passed in 1946 to give the organisation a statutory base. Its jurisdiction was extended to cover cases of corruption involving employees of all departments of the Government of India.

The role of the SPE was gradually extended and by 1963, it was authorised to investigate offences under 97 Sections of the Indian Penal Code, offences under the Prevention of Corruption Act and 16 other Central Acts.

Presently, the CBI Consists of the Following Divisions :

(i) Anti-Corruption Division

(ii) Economic Offences Division

(iii) Special Crimes Division

(iv) Legal Division

(v) Coordination Division

(vi) Administration Division

(vii) Policy and Organisation Division

(viii) Technical Division

(ix) Central Forensic Science Laboratory

The legal powers of investigation of the CBI are derived from the Delhi Special Police Establishment Act, 1946 (DPSE Act).

The organisation can investigate only such offences as are notified by the central government under Section 3 of the DPSE Act. The powers, duties, privileges and liabilities of the mem­bers of the organisation are the same as those of the police officers of the union territories in relation to the notified offences.

While exercising such powers, members of the CBI of and above the rank of Sub- Inspectors are deemed to be officers in charge of the police station.

The Central Government is authorised to extend the powers and jurisdiction of the members of CBI to any area, including railway areas, for the investigation of offences notified under Section 3 of the District Special Police Establishment Act, sub­ject to the consent of the government of the concerned state.

Even though the CBI has been in existence for so long, it is still governed by the old Delhi Special Police Establishment Act of 1946 section 4 (1) of this Act vests the superintendence over the organisation in the Central Government. An important development in this regard occurred in December, 1997 when the Supreme Court delivered its judgement in Writ Petitions (Criminal) Nos. 340-343 of 1993, commonly known as the Havala Case.

The Court directed that the responsibility of exercising superintendence over the CBI should be entrusted to the Central Vigilance Commission (CVC) and that the CVC should be given a statutory status. The judgement of the apex court is yet to be implemented. The CVC Bill has not yet been passed.

The Single Directive

The term 'Single Directive' is commonly associated with the role and functioning of the CBI. The Single Directive was a set of executive instructions issued by the Central Government, prohibiting the CBI from undertaking any inquiry or investigation against any officer of the rank of Joint Secretary and above in the Central Government including those in the public sector undertakings and nationalised banks with­out the prior sanction of the head of the department.

The Supreme Court's judgment in the Havala Case had declared the single directive null and void. The Court found it unacceptable in law on two grounds. It required a police agency to seek permission from the executive to initiate investigation into a criminal offence.

Intelligence bureau (IB)

Amongst the existing intelligence agencies, the IB is probably the oldest in the world. It was established as the Central Special Branch by an order of the Secretary of State for India in London on December 23, 1887.

Following the recommendations of the 1902-03 Indian Police Commission, the organisation was renamed as the Central…