TNPSC Thervupettagam

SC on State consent for CBI

January 6 , 2025 13 hrs 0 min 92 0
  • The Supreme Court has held that CBI does not require the sanction of a state government to register a case under a Central legislation against a Central government employee working within the territory of the state concerned.
  • It includes the Prevention of Corruption Act and others.
  • There are two types of consent for a probe by the CBI - General and Specific.
  • When a state gives a general consent (Section 6 of the Delhi Special Police Establishment Act, 1946) to the CBI for probing a case, the agency is not required to seek fresh permission every time it enters that state in connection with investigation or for every case.
  • If not, CBI needs to seek case-wise consent for investigation from the concerned state government.
  • If specific consent is not granted, the CBI officials will not have the power of police personnel when they enter that state.

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