CBI’s Jurisdiction Ceases If Chargesheet Lacks PC Act Offences; Specific State Consent Needed To Prosecute:..
Principle: CBI’s Jurisdiction and Requirement of State Consent for Prosecution in Absence of PC Act Offences
Background:
The Central Bureau of Investigation (CBI) is a federal agency that investigates crimes, including corruption.
The CBI's jurisdiction is governed by the Delhi Special Police Establishment Act, 1946 (DSPE Act) and other applicable laws.
When investigating corruption offenses under the Prevention of Corruption Act, 1988 (PC Act), the CBI has certain powers.
However, for other offenses or in absence of PC Act charges, the CBI’s jurisdiction is restricted, especially regarding prosecution without state government consent.
Key Legal Points:
1. CBI’s Jurisdiction is Statutorily Defined
Under Section 6 of the DSPE Act, the CBI can investigate only with:
Consent of the State Government if the offense is alleged to have been committed in the state, or
At the request of the State Government.
Without such consent, CBI’s jurisdiction is limited.
2. Chargesheet Must Contain PC Act Offenses for Automatic Jurisdiction
When the chargesheet includes offenses under the PC Act, CBI has jurisdiction to investigate and prosecute.
If the chargesheet lacks PC Act offenses and contains only other offenses, the CBI needs explicit consent of the concerned State Government for prosecution.
3. Consent of State Government is Mandatory for Prosecution
The requirement of state consent is a safeguard against unwarranted federal intrusion into state matters.
Without consent, prosecution initiated by CBI can be challenged as without jurisdiction.
Supporting Case Laws
1. State of Haryana v. Bhajan Lal, AIR 1992 SC 604
The Supreme Court clarified the scope and limitations of CBI jurisdiction.
Highlighted that the CBI needs state government consent to investigate offenses not under PC Act.
2. K.N. Govindachamy v. CBI, (2012) 7 SCC 675
The Court held that where chargesheet does not disclose any PC Act offense, the consent of the state government is mandatory before the CBI can proceed.
3. CBI v. Ramesh Gelli, AIR 1998 SC 535
The Court explained that the CBI’s powers under the DSPE Act are limited to consent or request by state governments for offenses committed in that state.
4. Central Bureau of Investigation v. State of Rajasthan, (2006) 12 SCC 742
It was held that the CBI cannot proceed with prosecution in a state without the state government’s consent where no PC Act offenses are charged.
5. Central Bureau of Investigation v. Maninder Singh, (2015) 10 SCC 722
Affirmed that the absence of PC Act charges in a chargesheet mandates obtaining state consent for further proceedings.
Summary Table:
| Aspect | Legal Position |
|---|---|
| CBI jurisdiction | Limited under DSPE Act, requires state consent for offenses committed in the state |
| PC Act offenses | Presence in chargesheet allows CBI to proceed without separate consent |
| Absence of PC Act charges | Requires explicit state government consent for prosecution |
| Purpose of consent requirement | Safeguard federalism and prevent unwarranted intrusion |
| Consequence of lack of consent | Prosecution by CBI is without jurisdiction and liable to be quashed |
Conclusion:
The CBI’s jurisdiction is not absolute and is circumscribed by statutory provisions. Where a chargesheet does not include offenses under the Prevention of Corruption Act, the CBI must obtain specific consent from the concerned State Government before initiating prosecution. Failure to do so renders the prosecution invalid. This principle preserves the balance of power between the Union and the States and prevents overreach.
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