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CID,CBI & a B
CVC
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Criminal Investigation Department (CID)
Legal Foundation:
• Constituted under: Police Act, 1861
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B
• Type: State-level investigative agency
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h
• Parent Body: State Police (functions under the Director General of Police
d
(DGP))
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• Nature: Executive department (not statutory autonomous)
Historical Background:
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• Formed in 1902 by the British Government to handle complex crimes.
• CID is often referred to as the “crime branch” within state police forces.
Criminal Investigation Department (CID)
Jurisdiction:
• Operates only within the respective state.

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• Handles cases involving serious crimes like murder, organized crime,
a
B
counterfeiting, cybercrime, economic offenses, and fraud.
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h
• Can investigate inter-district but not inter-state crimes without consent.
d
Procedure:
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• Investigation follows the Code of Criminal Procedure, 1973 (CrPC).
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D
• CID officers have powers similar to regular police under Section 157–173 of
CrPC (FIR registration to charge-sheet).
• After investigation, report is filed before the Metropolitan Magistrate or
Judicial Magistrate as per Section 173 CrPC.
Procedure of Investigation- CID
• The investigative process of the CID is identical to that of any police
investigation under CrPC:

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• Registration of FIR under Section 154 CrPC.
a
B
• Preliminary Investigation – collection of initial evidence, site
a
h
inspection, and witness statements (Section 161).
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• Custodial Interrogation – subject to judicial supervision (Section 167).

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• Filing of Charge-Sheet – the final report under Section 173 CrPC,
submitted to the magistrate.
D
• The CID functions as an executive arm of the state rather than as an
autonomous body, and hence remains subject to administrative
control of the Director General of Police (DGP).
The Central Bureau of Investigation (CBI)
Introduction

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• The CBI functions under the Department of Personnel, Ministry of

• It is the premier investigating police h

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Personnel, Pension & Public Grievances, Government of India.
a in India and serves as the
agency
s u d
nodal agency for Interpol coordination.
V a
r.
• Plays a key role in maintaining
health of the nationalDeconomy.
public integrity and ensuring the
The Central Bureau of Investigation (CBI)
Historical Background
(a) Origin during World War II

ali
• During World War II, increased government spending led to
widespread corruption.
a B
dh
• The Special Police Establishment (SPE) was created in 1941 under a
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Deputy Inspector General (DIG) in the Department of War.
r. V
• Its initial mandate: investigate bribery and corruption in War and
D
Supply Department dealings.
• Later extended (1942) to include Railways due to their importance in
war logistics.
CBI
(b) Legal Recognition
• 1943 Ordinance: Formed a Special Police Force for offences related to
Central Government departments.
ali
B
• 1946: Ordinance replaced by Delhi Special Police Establishment Act
a
h
(DSPE Act, 1946), giving legal foundation to the SPE.
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D
CBI
Formation of the CBI – 1963
• Need for a central investigative body beyond corruption cases.
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CBI formally established on 1st April, 1963 by Government Resolution.
a
• Divisions created at inception:
a B
d h
• Investigation & Anti-Corruption (Delhi SPE)
• Technical Division
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• Crime Records & Statistics Division
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• Research Division
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• Legal & General Division
• Administration Division
Jurisdiction and Powers under DSPE Act, 1946 -CBI
• Section 2: SPE jurisdiction in Union Territories.
• Section 3: Investigations limited to offences notified by the Central
Government.
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a B
h
• Section 5(1): Central Government can extend jurisdiction to States
d
and other areas.
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• Officers of Sub-Inspector rank and above have police powers
equivalent to a Station House Officer (SHO).
D
Jurisdiction and Powers under DSPE Act, 1946 -CBI
Section 6: Requires State Government consent for such extension.
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• Under Section 6 of the DSPE Act, the CBI cannot investigate within a
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state without the consent of the State Government.
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However, this limitation can be overridden by:

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• The Supreme Court under Article 142 or Article 32; and
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• The High Courts under Article 226 of the Constitution.
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• Thus, the constitutional courts have recognized the CBI’s powers to
act even without consent when public interest and justice demand it.
Delhi Special Police Establishment Act, 1946 –
2003 Amendment
Section 4 – Superintendence & Administration
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• CVC oversees corruption-related investigations; Central Government
a B
oversees others; Director administers DSPE.
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Section 4A – Committee for Appointment of Director

or nominee. r. V
• Composition: PM (Chair), Leader of Opposition, Chief Justice of India

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Section 4B – Terms & Conditions of Director
• Minimum 2-year tenure; possible extensions up to 5 years (with
committee recommendation).
Delhi Special Police Establishment Act, 1946 –
2003 Amendment
Section 4BA – Director of Prosecution
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• Creation of Directorate of Prosecution; appointed on CVC
a B
recommendation; minimum 2-year tenure.
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Section 4C – Appointment of SP-level Officers & Tenure Rules

curtailment. r. V
• Committee led by CVC recommends appointments, extensions, or

D
Mandate of Investigation & Anti-Corruption
Division
• Cases involving Central Government public servants.

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• Cases affecting Central Government interests, PSUs, or statutory
bodies.
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• Breaches of Central Laws (Import & Export, FERA, Passport, Official
Secrets).
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• Serious inter-state crimes – railways, postal, frauds, crimes on airlines
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or high seas.
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• Organised crime, spurious drugs, inter-state kidnappings, etc.
• Intelligence collection on corruption and prosecution of cases
investigated.
Central Vigilance Commission (CVC)
Legal Foundation:

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• Constituted under: Central Vigilance Commission Act, 2003

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• Type: Statutory autonomous body
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dh
• Parent Body: Independent — reports directly to the Parliament.
Historical Background:
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• Formed in 1964 on recommendation of the Santhanam Committee on
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Prevention of Corruption.
• Gained statutory status through CVC Act, 2003
CVC
Jurisdiction:
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• Supervises vigilance administration of central government
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organizations, Public Sector Undertakings (PSUs), Public Sector Banks,
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and CBI’s anti-corruption work.

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• Does not have direct investigative power — primarily supervisory and
advisory.
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CVC Act, 2003
Section 4 of the CVC Act, 2003
(a) Composition of the Commission
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• The CVC consists of:
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a — Chairperson
• One Central Vigilance Commissionerh(CVC)
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(b) Appointing Authority r. Va
• Not more than two Vigilance Commissioners (VCs) — Members

• Both the Central D Vigilance Commissioner and the Vigilance

Commissioners are appointed by the President of India by warrant
under his hand and seal.
CVC Act, 2003
(c) Selection Committee
• Appointments are made after recommendation by a high-level Committee
consisting of:
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• Prime Minister – Chairperson
a B
h
• Minister of Home Affairs – Member
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• Leader of Opposition in the Lok Sabha – Member
(d) Qualifications
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• Appointees must be persons:
• From All-India or Central Services with experience in vigilance,
administration, or police work, or
• Having expertise in finance, law, vigilance, or investigations (including
those who have served in government corporations).
CVC Act, 2003
Tenure and Conditions (Section 5)
• Term: 4 years or until the age of 65 years, whichever is earlier.

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• Reappointment: Not eligible for reappointment in the Commission.

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• Resignation: By writing addressed to the President.
a
h
• Oath: Must take an oath of office and secrecy before the President (as per
d
Schedule of the Act).
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D
Removal of CVC and Vigilance Commissioners (Section 6)
• They can be removed from office only by the President, After an inquiry
by the Supreme Court, on a reference made by the President, confirms the
charges.
CVC Act, 2003
Functions and Powers of the CVC (Section 8 of the Act)
• The Central Vigilance Commission performs both advisory and
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supervisory functions relating to vigilance and anti-corruption
a
(a) Supervisory Powers
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• Superintendence over the Delhi Special Police Establishment (CBI) in
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cases under the Prevention of Corruption Act, 1988.

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• Directs the CBI (Delhi Special Police Establishment) in the discharge of
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its anti-corruption responsibilities.
• However, it cannot direct how a specific case should be investigated.
CVC Act, 2003
(b) Inquiry and Investigation
• Inquire or cause inquiry/investigation into offences alleged to have
been committed by:
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• Central Government employees,
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h
• Employees of government companies, societies, or local authorities
d
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controlled by the Central Government.
(c) Review and Supervision as
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• Review progress of:
D by CBI under the Prevention of Corruption Act.
• Investigations conducted
• Prosecution sanctions pending before competent authorities.
CVS, 2003
(d) Advisory Role
• Tender advice to the Central Government, public sector corporations,
government companies, societies, and local authorities on vigilance
matters.
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(e) Vigilance Administration
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h
• Exercises superintendence over vigilance administration in ministries,
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departments, and public sector organizations.
(f) Additional Powers (as per 2014 Amendment)
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• Can take action on preliminary inquiries and investigations against Group
C & D officials, including: D
• Referring for investigation,
• Recommending disciplinary action, or
• Closing the case if no corruption is found.
CVC, 2003
(g) Judicial Powers (Section 11 & 12)

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• The Commission has powers of a civil court for summoning
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witnesses, production of documents, taking evidence, etc.
a
• Proceedings before it are deemed d h
judicial proceedings under the IPC
and CrPC.
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