Bihar Mandates Pre-Approval for CBI Probes Involving State Officials

The Bihar government now requires the CBI to secure prior permission to investigate state officers, as per a recent notification. This development marks a significant shift, demanding individual approval for each case involving the state's apparatus, while aligning with the Delhi Special Police Establishment Act, 1946.

In a notable policy shift, the Bihar government has declared that the Central Bureau of Investigation (CBI) must obtain prior consent before conducting any investigations involving its state officers or employees. This directive, as per the Home Department's notification, was issued in the Governor of Bihar's name and hinges on Section 6 of the Delhi Special Police Establishment Act, 1946.

The notification elaborates on the circumstances under which CBI's investigatory consent is granted generally, such as offences involving Central Government employees, Public Sector Undertakings, and specific private individuals. Yet, it stipulates that when Bihar's public servants or state-controlled entities are implicated, the state's explicit consent is mandatory. This stipulation ensures localized oversight, with the state evaluating investigatory permissions on a case-by-case basis, upon receipt of a proposal from the Delhi Special Police Establishment.

Historically, the CBI's authority originated from the Special Police Establishment formed in 1941, tasked with probing wartime bribe and corruption charges in India. The crucial Delhi Special Police Establishment Act of 1946 empowered the CBI to investigate central corruption cases, a mandate now navigated with additional procedural layers in Bihar.