General Consent to CBI   

        
Context:

The Maharashtra Government has recently withdrawn ‘General Consent’ provision given to the Central Bureau of Investigation (CBI) to probe cases in the state.

Issue:

As per the Delhi Special Police Establishment Act, through which CBI governs, the consent of a State government is mandatory for conducting investigation in that state.

It simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.

The decision means the CBI will now have to get consent from the state government for every case it registers in Maharashtra.

Types of Consent

There are two kinds of consent:
(i)    General Consent: It is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against Central Government employees in the concerned state.
(ii)    Case-specific Consent: Given that the CBI has jurisdiction only over Central Government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.

Note:

The CBI would still have the power to investigate old cases registered when General Consent existed. Also, cases registered anywhere else in the country, but involving people stationed in states which have withdrawn consent, would allow CBI’s jurisdiction to extend to these states.