Prior Consent Mandatory for CBI to Probe Offences Involving Public Servants: Bihar Govt
The Home Department said consent will be decided case by case for probes involving Bihar public servants and state-controlled entities.
- On Saturday, September 5, 2026, the Bihar Government issued a notification requiring the Central Bureau of Investigation to obtain prior consent before investigating state government employees or officials.
- The CBI derives its investigative powers from the Delhi Special Police Establishment Act, 1946, established after World War II to probe corruption among Central Government employees.
- Mandatory consent is now required for probes involving state-appointed public servants, with the Home Department notification asserting prior permission from Bihar Government is necessary for such investigations.
- Evaluating requests on a case-by-case basis, the state government will review proposals from the Delhi Special Police Establishment rather than granting automatic investigation authority.
- General consent remains for the CBI to investigate Central Government employees and Public Sector Undertakings under national laws including the Bharatiya Nyaya Sanhita, 2023.
15 Articles
15 Articles
Bihar govt. restricts CBI power; State nod mandatory to probe against its employees
However, the notification issued by the Bihar Home Department on September 3, 2026, clearly stated that the CBI will not require permission from the State government to take action against Central Government employees
The Bihar government has issued a new order clearly stating that the CBI will now have to seek approval from the state government to investigate alleged crimes involving government employees.
Bihar widens CBI investigative powers, retains state nod for probes against its officials
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.
Bihar Mandates Pre-Approval for CBI Probes Involving State Officials
The Bihar government now requires the CBI to secure prior permission to investigate state officers, as per a recent notification. This development marks a significant shift, demanding individual approval for each case involving the state's apparatus, while aligning with the Delhi Special Police Establishment Act, 1946.
The Economic Times
Prior consent mandatory for CBI to probe offences involving public servants: Bihar govt
Bihar government mandates prior consent for CBI probes involving state public servants. A new Home Department notification supersedes all previous directives on this matter. The governor has accorded consent for extending CBI powers throughout the state. This consent is for investigating offenses by central government employees and related entities. The state government will now consider investigation powers on a case-by-case basis.
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