General Consent accorded to CBI for probing cases

Context

• The Jharkhand became the latest state to withdraw the general consent given to the CBI to probe cases in the state.

Key points

• The investigations will now be handed over only with special permission of the state.
• Jharkhand has become the sixth state to withdraw general consent after Kerala, Maharashtra, Andhra Pradesh, West Bengal and Chhattisgarh.
• National Investigation Agency (NIA) has jurisdiction to probe cases across the country.However, there will be no bar on investigation into cases that are already being probed by the CBI. The CBI cannot file any new FIRs in any new cases.

Statutory status of CBI and power

• The CBI derives its powers to investigate from the Delhi Special Police Establishment (DSPE) Act, 1946.
• However, in all the states, the CBI needs the consent of the state to investigate any case relating to that state or having jurisdiction of that state.
• CBI can start investigation, also, if the Supreme Court or any High Court orders the CBI to take up such investigations.
• The CBI can initiate suomotu investigations only in Union Territories, under section 2 of the DSPE Act.