Bihar updates CBI probe ambit as per rules of BNS, BNSS

The Bihar government through a new notification has “updated” the ambit of the Delhi Police Special Establishment Act, 1946 -- the governing law for the Central Bureau of Investigation (CBI) -- to include more offences for the federal agency to probe and to bring its functioning in synchronisation with the new provisions of the Bharatiya Naya Sanhita, 2023 (replacing IPC) and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (replacing CrPC).

The extension of the CBI ambit will cover only central government employees working in the state or those working in other central government bodies, the police headquarters said in a statement. Meanwhile, the Bihar government has re-asserted that the federal agency will have to seek its prior consent for probing state officials -- a position the state has maintained through its previous notifications.

The notification was issued by the state home department on September 3.

It explains that it shall be “mandatory to obtain the prior consent of Government of Bihar” in cases where the offences “involve public servants appointed in connection with the affairs of Government of Bihar or persons appointed in connection with the affairs of any corporation, company or bank owned and controlled by the Government of Bihar or any institution receiving or having received financial assistance from the Government of Bihar”.

The CBI, set up by the Delhi Police Special Establishment Act, 1946 and functions with “general consent” from states to investigate and prosecute central and state government employees posted in the states.

The Bihar notification, drawing powers conferred by section 6 of the 1946 Act, seeks to modify this “consent”.

It states: “Cases where the aforementioned offences (under the 1946 Act) involve public servants appointed in connection with the affairs of the Government of Bihar or persons appointed in connection with the affairs of any corporation, company or bank owned and controlled by the Government of Bihar or any institution receiving or having received financial assistance from the Government of Bihar, it shall be mandatory to obtain the prior consent of the Government of Bihar for the investigation of such offences by the members of the Delhi Special Police Establishment.”

“The objective of the new notification is not to make any new amendments in the existing statutory system but to update the system and make it more effective with the current laws and legal procedures,” the Bihar PHQ said in its statement as several interpretations of the notifications were aired on Saturday.

Making it clearer, SD Sanjay , the advocate general of Bihar, told HT that the new notification was issued to incorporate the new laws under BNS ( Bhartiya Nyaya Sanhita) and BNSS (Bhartiya Nagarik Suraksha Sanhita) Bharatiya Saksha Adhiniyam, along with the old provisions of the IPC, CrPC and Evidence Act for the discharge of duties by the CBI and systems for seeking sanctions in cases involving state and central government after the implementation of the new laws.

“The notification has been issued for incorporating the provisions of the new laws BNS, BNSS, Bharatiya Sakshya Adhiniyam as well as provisions of old laws. Earlier, the notifications had underlined old laws. This was essential for the official purposes in view of the new laws coming into effect. This was long due. This notification mentions how the new one is being issued in supersession of all previous notifications,” said the advocate general.

Meanwhile, a senior government official said that the state has never withdrawn the “general consent” that the agency seeks to probe and prosecute central government employees.

Senior state officials also clarified that the general consent given to CBI to act against central employees or those associated with the Government of India (GOI) was never withdrawn in Bihar but the federal agency was always mandated to take permission from the state government to act against state employees in case of alleged offences under various laws.

“There has always been a general consent for the CBI to act against central government employees, PSUs and private individuals without taking any prior permission in lieu of various offences. But for state employees, the CBI has to take permission from the state government. Besides, the state government also recommends CBI probes on a case-to-case basis whereas certain cases are also recommended by the high court and Supreme Court. That is the norm. The new notification has been done in view of the changes in certain provisions in laws under BNS and BNSS and other laws,” said a senior state official, in the know of the matter.