Bihar widens CBI investigative powers, retains state nod for probes against its officials

Bihar widens CBI investigative powers, retains state nod for probes against its authorities Under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI cannot ordinarily exercise its powers and jurisdiction in a state without the state government's consent.

Key points

• Santosh Singh is a Senior Assistant Editor with The Indian Express since June 2008.
• 4 min read Patna Updated: Sep 6, 2026 04: 50 AM IST.
• Why it matters Under the Delhi Special Police Establishment (DSPE) Act, 1946, such state consent determines the CBI's power to exercise its investigative jurisdiction within a state.
• Bihar administration under CM Samrat Choudhary expands CBI's standing consent for Central staff, mandates prior state nod for probes involving state employees.
• It is a two-pronged order, an officer in the police headquarters informed The Indian Express.

Bihar administration under CM Samrat Choudhary expands CBI's standing consent for Central staff, mandates prior state nod for probes involving state employees. (File).

While requiring prior state permission for probes involving central and administration employees working for the state administration, the Bihar government's Home Department under Chief Minister Samrat Choudhary has issued a notification expanding the CBI's standing consent to investigate a broader set of offences involving Central administration employees, Central PSUs and private persons.

Why it matters Under the Delhi Special Police Establishment (DSPE) Act, 1946, such state consent determines the CBI's power to exercise its investigative jurisdiction within a state. The notification changes the categories of cases the CBI can investigate in Bihar without seeking fresh state permission, and gives the agency standing consent for a wider range of offences involving Central administration employees, Central PSUs and private persons. It does this while retaining case-by-case state consent for investigations involving Bihar administration employees and state-controlled or aided bodies.

Under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI cannot ordinarily exercise its powers and jurisdiction in a state without the state government's consent. That consent can be general, allowing the agency to investigate specified offences or categories of cases without seeking permission each time, or specific to an individual case.

While expanding the range of offences covered by its standing consent, the notification regulates the CBI's jurisdiction in Bihar under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946.

For context, the order further stated: "Provided that when the offense related to the above pertains to public servants appointed in connection with the affairs of the State Administration of Bihar, or persons appointed in connection with the affairs of any corporation, business, bank owned by, controlled by, or receiving financial assistance from the Bihar Administration, it shall be mandatory to obtain the prior consent of the State Administration of Bihar for the investigation of any such offense by the Delhi Special Police Establishment. Additionally, upon receiving a proposal from the Delhi Special Police Establishment, the State Administration will consider and take a decision on granting powers of investigation on a case-by-case basis."

"The first part of it allows the CBI to investigate cases which were the prerogative of the state. The second part of the order tries to balance it out by saying that the state's permission would be required, " the officer remarked.

In practice, a CBI officer continued: "Bihar might well have set a precedent for other states to follow and allow CBI a bigger scope of Investigation. The order, if read between the lines, would tell that it is more regarding giving CBI more powers and less concerning restricting them."

In practice, a Patna High Court advocate continued that the requirement of state consent applies only to executive actions by the CBI.

"It does not restrict the high courts or the Supreme Court from ordering a CBI investigation within a state without state government consent, " the advocate remarked. © The Indian Express Pvt Ltd.

Santosh Singh is a Senior Assistant Editor with The Indian Express since June 2008. Expertise He covers Bihar with main focus on politics, society and governance. Investigative and explanatory stories are additionally his forte. Singh has 25 years of experience in print journalism covering Bihar, Delhi, Madhya Pradesh and Karnataka.

Taken together, the developments around bihar widens CBI investigative powers, retains state nod for probes against its point to a situation that is still moving, and the coming days should bring more clarity.