2. Please give brief background of CBI.
During the period of World War II, a Special Police Establishment (SPE) was constituted in 1941 in the Department of War of the British India to enquire into allegations of bribery and corruption in the war related procurements. Later on it was formalized as an agency of the Government of India to investigate into allegations of corruption in various wings of the Government of India by enacting the Delhi Special Police Establishment (DSPE) Act, 1946 . In 1963, the Central Bureau of Investigation (CBI) was established by the Government of India with a view to investigate serious crimes related to Defence of India, corruption in high places, serious fraud, cheating and embezzlement and social crime, particularly of hoarding, black-marketing and profiteering in essential commodities, having all-India and inter-state ramifications. CBI derives its legal powers to investigate crime from the DSPE Act, 1946.
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3. Who exercises supervision over CBI?
The superintendence of CBI related to investigation of offences under the Prevention of Corruption Act, 1988 lies with the Central Vigilance Commission (CVC) and in other matters with the Department of Personnel & Training (DOPT) in the Ministry of Personnel, Pension & Grievances of the Government of India.
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CBI recruits Sub-inspectors through the Staff Selection Commission (SSC), which publishes its recruitment notice in Employment News and other leading dailies. CBI also inducts officers in the ranks of Inspector of Police and above from the State and Union Territory Police forces on deputation. Non-police officers are also taken on deputation in CBI. The necessary details about various posts in CBI, recruitment/induction procedure, vacancy statement etc. are all posted on this website and the same may please be referred to. Special attention is drawn towards the 'Administration Manual' of CBI available in the 'About Us' link as well as the link 'Inside CBI' in this regard.
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5. Do CBI personnel get any special incentive allowance?
All the executive officers of CBI from the rank of constable to the Director get special allowance. The rate is 25% of the pay for ranks up to the Superintendent of Police and 15% above it.
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6. What types of Crime CBI investigate today?
CBI has grown into a multidisciplinary investigation agency over a period of time. Today it has the following three divisions for investigation of crime:-
(i) Anti-Corruption Division - for investigation of cases under the Prevention of Corruption Act, 1988 against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India - it is the largest division having presence almost in all the States of India.
(ii) Economic Offences Division - for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime.
(iii) Special Crimes Division - for investigation of serious, sensational and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts.
The laws under which CBI can investigate Crime are notified by the Central Government under section 3 of the DSPE Act.
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7. What is the difference between the nature of the cases investigated by the National Investigation Agency (NIA) and the CBI?
The NIA has been constituted after the Mumbai terror attack in November 2008 mainly for investigation of incidents of terrorist attacks, funding of terrorism and other terror related crime, whereas CBI investigates crime of corruption, economic offences and serious and organized crime other than terrorism.
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8. Can CBI suo-moto take up investigation of any crime anywhere in the Country?
No. As per section 2 of the DSPE Act, CBI can suo-moto take up investigation of offences notified in section 3 only in the Union Territories. Taking up investigation by CBI in the boundaries of a State requires prior consent of that State as per Section 6 of the DSPE Act. The Central Government can authorize CBI to investigate such a crime in a State but only with the consent of the concerned State Government. The Supreme Court and High Courts, however, can order CBI to investigate such a crime anywhere in the country without the consent of the State.
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9. Can you post some general guidance for approaching CBI for registration of crime?
CBI is a specialized agency meant for investigation of crime relating to Corruption by Public Servants under the control of the Central Government, serious economic offences and frauds and sensational crime having inter-state/all-India ramifications. CBI does not take up investigation of general and routine nature of crime as the Police forces of the State and Union Territories are meant to investigate such crime.
As far as crime of corruption by Public Servants of the Central Government is concerned, an individual can approach any anti-corruption branch of CBI nearest to him, anywhere in the country. CBI has such branches in all the State Capitals and many other cities.
CBI has branches for registration of Economic and Special Crime offences in all the four metropolitan cities, viz. Delhi, Mumbai, Kolkata and Chennai. Any of these branches can be approached for providing information about serious economic offences as well as serious special crimes such as drug and human trafficking, fake currency, poaching of wild life, adulteration of drugs and food products, organized crime having all-India/inter-State ramifications.
The details of CBI branches together with their jurisdiction are posted on this website in the link 'CBI Network'.
As stated above, local Police in the States and UTs should be approached for registration of crimes of general and routine nature. This does not mean that they should not be approached for registration of serious offences. It is only meant to say that CBI should not be approached for general and routine nature of Economic and Special offences.
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10. How can local branches of CBI in States be approached for complaints of corruption against Public Servants under the control of Central Government working in States, when it requires prior consent of the States for registering crimes happened in the jurisdiction of a State?
This is a valid apprehension in view of the answer to question no. 7 above. Most of the States in India, however have given, what is called as the 'general consent' to the Central Government for investigation of complaints of corruption against the public servants under the control of the Central Government working in the States. This means that CBI will not require prior consent in each such case and it can go ahead with the investigation of such complaints as and when received without referring them to the State for consent. Such consent will however require if CBI intends to take up investigation on a complaint against the public servants under the control of the State Government.
To put it in different way, most of the State Governments have authorized CBI to undertake investigation against employees of the Central Government, Public Sector Undertakings and Corporations under the Control of Government of India and Banks in their States.
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11. Is it necessary for a person to physically approach a branch of CBI for providing information/complaint about crime as listed in the answer to question no. 5 above?
Not at all. CBI can be approached by also sending the information/complaint by post, by SMS from a mobile phone, by making a phone call to the concerned Branch, by sending e mails to its officers and by posting the information/complaint on this website. All the required details for above are available on this website in the links 'Contact Us' , 'CBI Network', and'Join Us in Fighting Corruption' .
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12. What are the various means to provide information/lodge complaint with CBI?
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13. Is it necessary to mention one's identity for giving information/complaint to CBI?
Yes, it is. In accordance with the guidelines formulated by the Central Vigilance Commission, India, CBI does not entertain anonymous/pseudonymous information/complaint.
Having said this, the informant/complainant can however, always request to keep their identity secret. CBI takes all the necessary care to ensure that identity of such persons is kept secret.
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14. How does CBI handle oral information and informants against corruption and serious crime?
A large part of crime unearthed by CBI of corruption and serious offences are based on oral information provided by individuals in confidence. CBI has a very well laid down policy of handling such information and informants, which is followed scrupulously. The informant is only handled by the officer to whom the information has been provided. Disclosure of the identity of the informant cannot be demanded even by the senior officers of the officer to whom the information has been provided. The identity of such informant is never put in writing in any record. It is not even disclosed to the courts. Courts also do not have powers to compel CBI to disclose the identity of the informant.
No action is initiated by CBI on such information without subjecting them to discreet verification. While taking care that the secrecy of the information is not leaked, such information is put to detailed verification. It is only after ensuring that a prima facie criminal case is made out, a criminal case is registered and further action taken.
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15. What is a 'trap'? We often read in newspapers that CBI has caught a public servant in a trap.
CBI lays great emphasis on catching corrupt public servants who demand and take bribes. The process of catching such corrupt public servants red handed while they demand and take bribes is popularly called the 'trap'. It is not a legal term. A set procedure has been devised in CBI to lay a trap against a corrupt public servant. The evidence collected during the process of trap is placed before the court along with the charge sheet and is quite important in securing conviction of the public servant.
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16. Who provides the money used for laying the trap?
The money has to be provided by the complainant and none else.
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17. What happens to the money of the complainant provided for laying trap?
Such money is an important piece of evidence against the accused, to be used in the court during trail. It is seized by CBI and put up in the court along with the charge sheet. After completion of trial, court orders return of the money to the complainant. The money is, therefore, eventually returned to the complainant after completion of the trial.
However, keeping in view the hardships, which may be faced by the complainant because of the deposition of the money in the court, CBI has devised a procedure for refunding an equivalent amount of money to the complainant after filing of the charge sheet. This is done in genuine cases after observing certain formalities including obtaining an order from the court. The tainted bribe money is then deposited in the public exchequer on conclusion of trial.
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18. If the complainant is so poor that he cannot arrange bribe money, does it mean that no action can be taken against a corrupt public servant, who demands bribe?
Certainly not. Action can be taken in such situations also. As per section 7 of the Prevention of Corruption Act, 1988, sheer demand of bribe is a punishable offence. That is to say that acceptance of bribe is not a mandatory requirement to prosecute a public servant. If it can be proved in the court by way of collection of evidence that the public servant had demanded bribe for an official act, the public servant can be convicted.
Laying of trap is just a means of collection of evidence to prove the guilt. It is preferred because it facilitates collection of good evidence and makes a case full proof. In the absence of trap, it is difficult to collect evidence of demand of bribe. It, however, does not mean that laying of trap is mandatory and nothing can be done in the absence of a trap.
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19. We have often heard that not only bribe taking but bribe giving is also an offence under the law. In that case is not the complainant who hands over the bribe amount to the accused for laying trap is also an accused?
Certainly bribe giving is also an offence as per section 12 of the Prevention of Corruption Act, 1988, but only when it is given voluntarily. The law however, protects such persons who complaint to the law enforcement agencies soon after demand of bribe by a public servant, even if they had agreed to the demand. Section 24 of the Prevention of Corruption Act, 1988 provides such protection and acts of the complainant during the process of laying of trap. No action can, therefore, be taken against complaints in such matters.
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20. What should an honest public servant do, when he is offered bribe by a person?
As mentioned in answer to question no. 19, voluntarily giving or offering bribe is also a punishable offence under section 12 of the Prevention of Corruption Act, 1988. In such a case the honest public servant should inform CBI as soon as such an offer is made by a person. In fact such a bribe giver can also be caught red handed by laying a trap on the complaint of the honest public servant.
The honest public servant shall, therefore, take steps to get such persons punished, rather than ignoring or just reprimanding them. This will deter the unscrupulous elements from bribe giving.
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21. It is often heard, that public servants in higher positions don't demand or take bribes directly but through the touts or middlemen. Does CBI take action against such touts or middlemen also?
Most certainly. Sections 8 & 9 of the Prevention of Corruption Act, 1988 punish such touts/middlemen. On getting information/complaints against such touts/middlemen, CBI lays trap against them with the help of the complainant or otherwise. Further CBI attempts to gather evidence against the concerned public servant also on whose behalf the touts/middlemen are active. Such a public servant is also punishable under section 10 of the Prevention of Corruption Act, 1988.
CBI requests the general public to provide information about such known touts/middlemen, who are active in many public offices of the Central Government. CBI takes steps to verify such information at its own level and ensure action against such touts/middlemen even without a complainant.
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22. Are there cases, when CBI has simultaneously taken action against the willing bribe giver and the bribe taker?
Yes, there have been such cases. If CBI receives information about a willing bribe giver and bribe taker from any genuine source before the bribe is actually handed over, it verifies such information and lays a trap to catch both the bribe giver and bribe taker red handed.
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23. We often see across ourselves corrupt public servants leading a lavish life style and having possessions much beyond their means. Can CBI take action against such public servants?
Most certainly. Possession of assets and incurring expenditure, which are beyond the known source of income of a public servant, is punishable under section 13 of the Prevention of Corruption Act, 1988. CBI requests the citizens to provide specific details about assets and expenditure of such public servants. Providing general and vague information, however, does not help. Upon receiving such specific details, CBI conducts discreet verification of the same and conducts raids at the premises of such public servants after registration of a criminal case, if the information is found as correct.
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24. Whether CBI keeps the identity of the informant secret?
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25. Does CBI give cash reward to the informants?
No. There is no such policy in CBI. No cash reward is given to a person who provides information about a crime as mentioned in the answer to question no. 5 above.
However, if a person provides information about an accused person wanted in a criminal case and on whom CBI has announced some cash reward, the same is given to the informant if the accused has been caught on such information.
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26. Is there an internal vigilance set up in CBI?
Yes. CBI has a very strong internal vigilance set up for keeping watch over the conduct of its own personnel. In CBI there is zero tolerance about issues of integrity of its personnel. This can be gauged from the fact that the Bureau does not hesitate in registering criminal cases against its own personnel when there are instances of corruption by them.
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27. What is the conviction rate in criminal cases prosecuted by CBI?
The conviction rate is as high as 65 to 70% and it is comparable to the best investigation agencies in the world.
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28. Why does CBI take so much time in investigation of cases?
CBI conducts investigations in the most professional manner. It lays great emphasis in use of science and technology during investigations. It requires evaluation of evidence by Forensic Laboratories and other experts such as Government Examiners of Questioned Documents (GEQDs). This often takes time. Many cases of CBI often require investigation abroad. Collection of evidence in a foreign country depends on many external factors beyond the control of CBI. A letter of request is issued to the concerned country and collection of evidence is requested by the law enforcement agencies of that country. This adds to the delay.
In addition to above, there is multi-layer supervision in CBI. The evidence collected is analyzed threadbare both by executive officers and law officers at multiple levels. Because of all these factors, CBI investigations often take time.
Having said this, it is important to clarify that investigation of trap cases are generally finished within a period of one month to three months. Of late a great emphasis is being laid in CBI to complete investigations at the earliest. It has been decided that investigation shall be completed within a period of one year.
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29. Does CBI perform any other important function other than investigation of crime?
Yes. CBI has been notified as the Interpol of India. CBI has a training academy in Ghaziabad, where it organizes training courses in various subjects not only for its own officers but for officers from other countries as well as from State & UT police organizations, vigilance officers of Public Sector Undertakings, Banks etc.
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30. What is the role of CBI as Interpol of India?
In this era of globalization and information technology crime and criminals easily cross national boundaries. Crime and Criminals have gone transnational. The International Police Criminal Organization (ICPO or Interpol) has emerged as an important institution for strengthening cooperation amongst law enforcement agencies of various countries.
As Interpol of India, CBI acts as an interface between the law enforcement agencies of India and other countries to ensure such cooperation. It facilitates exchange and sharing of information by these agencies. It also gets the red notices of the fugitive criminals, wanted in India, published.
Besides above it also plays a role in negotiation and finalization of Mutual Legal Assistance Treaties (MLATs) and Extradition Treaties between India and other countries. CBI also facilitates execution of Letter of Requests for Investigation in India and out of India.
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31. What is a Red Notice?
It is a notice published by the Interpol Headquarters at France on the request of a member country for tracing a fugitive in a criminal case by all the law enforcement agencies of the member countries. If such a fugitive is traced, the requesting country is informed for taking steps for extradition of the fugitive.
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32. What role CBI Interpol plays in extradition of a fugitive?
CBI Interpol plays a limited role in such matters. The Ministry of External Affairs (MEA) is the nodal agency for extradition of fugitives. CBI Interpol can help the law enforcement agencies in tracing/locating the fugitive so that it can make a formal request for extradition of the fugitive to the MEA.
- source;http://cbi.nic.in/faq.php#faq09
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