Context: The Supreme Court has weighed in on the phenomenon of state governments withdrawing their consent for Central Bureau of Investigation (CBI) to investigate.

About General Consent

• A consent is given by states to help the CBI in seamless investigation of cases of corruption against central government employees in their states.
• If state government do not give the general consent, the CBI would have to apply to the state government in every case, and before taking even small actions.

Background

• The CBI is governed by the Delhi Special Police Establishment Act (DPSEA).
• This act makes the CBI a special wing of Delhi Police and thus its original jurisdiction is limited to Delhi.
• For other matters, the CBI needs consent of the state government in whose territorial jurisdiction the CBI has to conduct an investigation.
• Section 6 of the DPSE Act authorises the central government to direct CBI to probe a case within the jurisdiction of any state on the recommendation of state government.
• The Supreme Court and High Courts can order CBI to investigate such a crime anywhere in the country without the consent of the state.

What happens when general consent is withdrawn by states?

• When a general consent is withdrawn, CBI needs to seek case-wise consent for investigation from the concerned state government.
• The CBI will not be able to register any fresh case without the consent of the state government.
• If specific consent is not granted, the CBI officials will not have the power of police personnel when they enter that state.

Role of CBI after withdrawal

• CBI can use High Court’s order if it is struck down by the Supreme Court.
• It has the option to get a warrant from a local court in the state and conduct the search.
• Section 166 of the Criminal Procedure Code (CrPC) can be used.
• It allows a police officer of one jurisdiction to ask an officer of another to carry out a search on their behalf.
• Consent does not apply in cases where someone has been caught red-handed taking a bribe.