What is the procedure to transfer a case from state police to CBI?

Tilak Marg Forum for Legal Questions Forums Criminal Law What is the procedure to transfer a case from state police to CBI?

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 3 months ago.

  • Author
    Posts
  • #4948

    Anonymous
    Guest

    If a case has been registered by a police station in a state, how can this case be transferred to CBI?

  • #4993

    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.

You must be logged in to reply to this topic.

You may also like to read these topics:

Can I get a copy of the CBI Crime Manual

Facebook Comments

[Note: For a free legal question with your Facebook login, click here.]