Bihar makes consent mandatory for CBI to probe public servants, Pg7

Key Highlights:

• The Bihar government, under Chief Minister Samrat Choudhary, issued a notification on September 3, 2026, modifying the Central Bureau of Investigation (CBI)'s operational consent within the state.
• The new policy mandates prior state government permission for the CBI to investigate cases involving Bihar government employees and state-controlled or aided bodies.
• However, the CBI retains automatic authority to probe offences concerning Central government employees, Central Public Sector Undertakings (PSUs), and private individuals implicated alongside them.
• This notification supersedes all previous directives on the subject, establishing a two-tier consent regime under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946.

Detailed Insights:

• The notification expands the range of offences for which the CBI has standing consent to include those under the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, Information Technology Act, 2000, and the Prevention of Corruption Act, 1988.
• The requirement for prior consent applies specifically to public servants connected with the affairs of the Bihar government, or entities owned, controlled, or financially assisted by the state.
• For cases requiring state consent, the Bihar government will consider and decide on granting investigative powers on a case-by-case basis upon receiving a proposal from the CBI.
• This move by Bihar aligns with the powers granted to state governments under the DSPE Act, 1946, which stipulates that the CBI generally requires state consent to exercise its jurisdiction.
• Legal experts note that this state consent requirement does not restrict the powers of High Courts or the Supreme Court to order a CBI investigation within a state without government consent.

Key Concepts Involved:

• Delhi Special Police Establishment (DSPE) Act, 1946: The statute that governs the functioning of the CBI, requiring state government consent for its operations within a state.
• General Consent: A blanket permission granted by a state government to the CBI to investigate a specified class of offences without seeking permission for each case.
• Bharatiya Nyaya Sanhita, 2023: The new criminal code that replaced the Indian Penal Code (IPC), effective from July 1, 2024.
• Bharatiya Nagarik Suraksha Sanhita, 2023: The new procedural law that replaced the Code of Criminal Procedure (CrPC), effective from July 1, 2024.
• Bharatiya Sakshya Adhiniyam, 2023: The new law of evidence that replaced the Indian Evidence Act, 1872, effective from July 1, 2024.