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Consider the following statements about the Central Bureau of Investigation (CBI):
1. It deals only with cases of corruption and economic offenses.
2. The CBI's functioning is superintended by the Central Vigilance Commission when the offenses being investigated come under the Prevention of Corruption Act, 1988.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
CBI is a non-constitutional and non-statutory body and enjoys the status of an attached office to the Ministry of Personnel.
• It derives its powers from the Delhi Special Police Establishment Act (DSPE), 1946.
• With the passage of time, requests were made by various quarters for CBI to take up investigation even in conventional crimes like assassinations, kidnappings, hijackings, crimes committed by extremists, violation of Official Secrets Act, large scale Banks and Insurance Frauds etc. and others specific cases like Bhagalpur Blindings, Bhopal Gas Tragedy etc. Since early 1980's, constitutional courts also started referring cases to CBI for enquiry/investigation on the basis of petitions filed by the aggrieved persons in cases of murders, dowry deaths, rape etc. Hence statement 1 is not correct.
• Thus, CBI has grown into a multidisciplinary investigation agency over a period of time. Today it has the following three divisions for investigation of crime:
• The laws under which CBI can investigate Crime are notified by the Central Government under section 3 of the DSPE Act, 1946.
• CBI can suo-moto take up investigation of offences notified in DSPE act, only in the Union Territories.
• Taking up investigation by CBI in the boundaries of a State requires the prior consent of that State as per Section 6 of the DSPE Act.
• The Central Government can authorize CBI to investigate such a crime in a State but only with the consent of the concerned State Government.
• The Supreme Court and High Courts, however, can order CBI to investigate such a crime anywhere in the country without the consent of the State.
• CVC shall exercise superintendence over the functioning of the CBI insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988. Hence statement 2 is correct.
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