What type of offences can be investigated by Central Bureau of Investigation...

What type of offences can be investigated by Central Bureau of Investigation (CBI)?

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Question: What type of offences can be investigated by CBI?

Answer: The Central Bureau of Investigation (CBI) is constituted under and governed by the provisions of the Delhi Special Police Establishment Act, 1946 (DSPE Act). It may be pertinent to mention that in the above Act, CBI is referred to as “Delhi Special Police Establishment” or simply “Special Police Establishment”.

CBI is a Central Government organisation for conducting investigation in certain offences. The legal powers of investigation of CBI are derived from the DSPE Act, 1946. Generally speaking, the power of CBI to investigate offences is confined to areas falling within the limits of Union Territories. However, with the general or special consent of the State Government concerned, the CBI can investigate an offence committed within the jurisdiction of a State. Moreover, the Supreme Court or a High Court can also direct the CBI to investigate a crime even if such crime is committed within the territorial jurisdiction of a State.

It may be noted that the CBI can investigate only those offences or classes of offences which are notified by the Central Government under Section 3 of the DSPE Act, 1946. The list of such offences is periodically revised.

Central Bureau of Investigation (CBI)

Section 3 of the DSPE Act is reproduced below:

“3. Offences to be investigated by special police establishment. The Central Government may, by notification in the Official Gazette, specify the offences or classes of offences which are to be investigated by the Delhi Special Police Establishment.”

List of Offences investigated by CBI:

Notifications issued, from time to time, by the Central Government specify the following offences, which are to be investigated by CBI under Section 3 of the DSPE Act:

A. Offences under the Indian Penal Code (IPC):

IPC offences punishable under Section 34, 114, 120-B, 121, 121-A, 122, 123, 124, 124-A, 128, 129, 130, 131, 132, 133, 134, 135, 136, 138, 140, 143, 147, 148, 149, 153-A, 153-B, 161, 162, 163, 164, 165, 165-A, 166, 167, 168, 169, 170, 171-E, 171-F, 182, 186, 188, 189, 190, 193, 196, 197, 198, 199, 200, 201, 204, 211, 212, 214, 216, 216-A, 218, 220, 222, 223, 224, 225, 225-B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 263-A, 275, 277, 279, 283, 284, 285, 286, 292, 295, 295-A, 302, 303, 304, 304-A, 304-B, 306, 307, 308, 309, 323, 324, 325, 326, 328, 330, 331, 332, 333, 336, 337, 338, 341, 342, 343, 344, 346, 347, 352, 353, 354, 355, 363, 363-A, 364, 364-A, 365, 366, 367, 368, 376, 376-A, 376-B, 376-C, 376-D, 379, 380, 381, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 398, 399, 401, 402, 403, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 421, 426, 427, 429, 431, 435, 436, 440, 447, 448, 452, 454, 456, 457, 460, 461, 465, 466, 467, 468, 469, 471, 472, 473, 474, 475, 476, 477, 477-A, 489, 489-A, 489-B, 489-C, 489-D, 489-E, 495, 498-A, 499, 500, 501, 502, 504, 505, 506, 507, 509 of Indian Penal Code, 1860 (Act No.45 of 1860).

B. CENTRAL ACTS:

Offences punishable under:

  1. Aircraft Act, 1934 (Act No. 22 of 1934) and rules made under the said Act.
  2. Anti-Hijacking Act, 1982 (Act No. 65 of 1982).
  3. Antiquities and Art Treasures Act, 1972 (Act No. 52 of 1972).
  4. Arms Act, 1959 (Act No. 54 of 1959).
  5. Atomic Energy Act, 1962 (Act No. 33 of 1962).
  6. Section 3 of Benami Transaction (Prohibition) Act, 1988 (Act No. 45 of 1988).
  7. Central Excises and Salt Act, 1944 (Act No. 1 of 1944).
  8. Companies Act, 1956 (Act No. 1 of 1956).
  9. Sections 63, 63-A, 63-B, 65, 67, 68, 68-A and 69 of Copyrights Act, 1957 (Act No. 14 of 1957).
  10. Criminal Law (Amendment) Act, 1961 (Act No. 23 of 1961).
  11. Customs Act, 1962 (Act No. 52 of 1962).
  12. Drugs and Cosmetics Act, 1940 (Act No. 23 of 1940).
  13. Section 24 of Emigration Act, 1983 (Act No. 31 of 1983).
  14. Emergency Provisions (Continuance) Ordinance 1946 (Ordinance No. 20 of 1946) if committed by the Employees of the Central Government or contractors or sub-contractors or their representatives by contravening any order issued by the Central Government.
  15. Essential Commodities Act, 1955 (Act No. 10 of 1955).
  16. Explosives Act, 1884 (Act No. 4 of 1884).
  17. Explosive Substances Act, 1908 (Act No. 6 of 1908).
  18. Electricity Act, 1910 (Act No. 9 of 1910).
  19. Foreign Contribution (Regulation) Act, 1976 (Act No. 49 of 1976).
  20. Foreigners Act, (Act No. 31 of 1946).
  21. Foreign Exchange Regulation Act, 1973 (Act No. 46 of 1973).
  22. General Insurance Business (Nationalisation) Act, 1922 (Act No. 57 of 1922).
  23. Gift Tax Act, 1958 (Act No.18 of 1958).
  24. Gold Control Act, 1968 (Act No.45 of 1968).
  25. Income Tax Act, 1961 (Act No. 43 of 1961).
  26. Import and Export (Control) Act, 1947 (Act No. 18 of 1947).
  27. Section 3, 4, 5, 8, 9 and 15 of the Immoral Traffic (Prevention) Act, 1956 (Act No. 104 of 1956).
  28. Insurance Act, 1938 (Act No. 4 of 1938).
  29. Industries (Development and Regulation) Act, 1951 (Act No. 65 of 1951).
  30. Information Technology Act, 2000 (Act No. 21 of 2000).
  31. Indian Stamp Act, 1899.
  32. Mines and Minerals (Regulation & Development) Act, 1957 (Act No. 67 of 1957).
  33. Motor Vehicles Act, 1939 (Act No. 4 of 1939).
  34. Narcotic Drugs and Psychotropic Substance Act, 1985 (Act No. 61 of 1985).
  35. Section 138 of the Negotiable Instruments Act, 1881 (Act No. 26 of 1881).
  36. Official Secrets Act, 1923 (Act No. 19 of 1923).
  37. Passport Act, 1920 (Act No. 24 of 1920) and rule 6 of Passport Rules 1950.
  38. The Passport (Entry into India) Rules 1950 r/w Passport (Entry into India) Act 1920, (Act No. 34 of 1920).
  39. Passport Act, 1967 (Act No. 15 of 1967).
  40. Prevention of Corruption Act, 1947 (Act No. 2 of 1947).
  41. Prevention of Corruption Act, 1988 (Act No. 49 of 1988).
  42. Prevention of Food Adulteration Act, 1954 (Act No. 37 of 1954).
  43. Prevention of Damage to Public Property Act, 1984 (Act No. 3 of 1984).
  44. The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 (Act No. 46 of 1988).
  45. Prevention of Insults to National Honour Act, 1971 (Act No. 69 of 1971).
  46. Prevention of Terrorism Ordinance, 2001 (No. 9 of 2001).
  47. Prevention of Terrorism Act, 2002 (Act No. 15 of 2002).
  48. The Press and Registration of Books Act, 1867 (Act No. 25 of 1867).
  49. Section 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (Act No. 43 of 1978).
  50. Post Office Act, 1898 (Act No. 6 of 1898).
  51. Railways Act, 1890 (Act No. 9 of 1890).
  52. Railways Stores (Unlawful Possession) Act, 1955 (Act No. 51 of 1955).
  53. Railways Act, 1989 (Act No. 24 of 1989).
  54. Representation of the People Act, 1950 (Act No. 43 of 1950).
  55. Representation of the People Act, 1951 (Act no. 43 of 1951).
  56. Registration of Foreigners Act, 1939 (Act No. 16 of 1939).
  57. Section 24 of the Security Exchange Board of Binders Act, 1942.
  58. Suppression of Unlawful Act against Safety of Civil Aviation Act, 1982 (Act No. 66 of 1982).
  59. The Religious Institutions (Prevention of Misuse) Act, 1988 (Act No.41 of 1988).
  60. Section 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  61. Sections 11 and 12 of the Territorial Waters Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (Act No.80 of 1976).
  62. Telegraph Act, 1885 (Act No. 13 of 1885).
  63. Telegraph Wires (Unlawful Possession) Act, 1950 (Act No.74 of 1950).
  64. Terrorist and Disruptive Activities (Prevention) Act, 1985 (Act No. 31 of 1985) and Rules made thereunder.
  65. Terrorist and Disruptive Activities (Prevention) Act, 1987 (Act No. 28 of 1987) and Rules made thereunder.
  66. Unlawful Activities (Prevention) Act, 1967 (Act No. 37 of 1967).
  67. Wireless and Telegraphy Act, 1933 (Act No. 17 of 1933).
  68. Wealth Tax Act, 1957 (Act No. 27 of 1957).
  69. Section 51 of Wildlife Protection Act, 1972 (Act No. 53 of 1972).

C. STATE ACTS:

Offences punishable under:

  1. Assam Opium Prohibition Act, 1947.
  2. Andhra Pradesh Control of Organized Crime Act, 2001.
  3. Bombay Stamp Act, 1958.
  4. Bihar and Orissa Excise Act, 1915 Bihar and Orissa Act, No. 2 of 1915.

(a) Section 121, 147, 161, 162, 163, 164, 165, 166, 167, 168, 169, 182, 193, 197, 198, 201, 204, 211, 218, 223, 224, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 246, 247, 248, 249, 250, 251, 252, 253, 254, 258, 259, 260, 261, 262, 263, 263-A, 302, 304, 304-A, 306, 307, 308, 309, 323, 324, 325, 326, 328, 330, 332, 333, 336, 337, 338, 341, 342, 343, 344, 346, 347, 352, 353, 354, 355, 363, 363-A, 364, 365, 366, 367, 368, 376, 379, 380, 381, 382, 384, 385, 386, 387, 388, 389, 392, 395, 403, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420, 427, 452, 465, 466, 467, 468, 471, 472, 473, 474, 475, 476, 477-A, 489-A, 489-B, 489-C, 489-D, 511 of Jammu and Kashmir State Ranbir Penal Code Sambat & Jammu and Kashmir Act No. 12 of Sambat 1989).

(b) Jammu and Kashmir State Prevention of Corruption Act Sambat 2006 (J&K Act No. 13 of Sambat 2006).

(c) Section 132, 133, 135, 136 of the Custom Act, 1962 (Jammu and Kashmir Act No. 52 of 1962).

(d) Energy Agents ordinance of Sambat 2005 issued by Government of Jammu and Kashmir.

  1. The Karnataka Control of Organized Crime Act, 2000.
  2. The Karnataka Stamp Act, 1957.
  3. Maharashtra Control of Organized Crime Act, 1999.
  4. Section 7 of the Nagaland Security Regulation 1962 (Regulation 5 of 1962).
  5. Punjab Special Powers (Press) Act, 1956 (Punjab Act No. 38 of 1956).
  6. Section 124 of the Punjab State Election Commission Act, 1994 (Punjab Act No. 19 of 1994).
  7. Uttar Pradesh Indian Medicines Act, 1939 (U.P. Act No. 10 of 1939).
  8. Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (Uttar Pradesh Act No.7 of 1986).
  9. West Bengal Security Act,s 1950 (West Bengal Act No. 19 of 1950) as re-enacted by the West Bengal Security (re-enacted and validation) Ordinance, 1966.

IMPORTANT: Attempts, abetments and conspiracies in relation to or in connection with the offences mentioned at A, B, C and any other offences committed in the course of the same transaction arising out of the same facts, can also be investigated by the CBI.

 

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