There are basically two ways to transfer the investigation of a case from the state police to the Central Bureau of Investigation (CBI).
First method is to transfer the case with the consent of the State Government to the CBI. In such scenario, the State Government makes a request to the Central Government to hand over the investigation of the case to CBI. If the Central Government agrees to such request, it may issue an order transferring the investigation to the CBI. This is done under the provisions of the Delhi Special Police Establishment Act, 1946.
Second method is to obtain the order from a High Court or the Supreme Court transferring the investigation of the case from state police to CBI. The Supreme Court and the high courts have the power to transfer a case from state police to CBI, and this can be done even without the consent of the State Government concerned.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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