With reference to general consent to CBI consider the following statements It must mandatorily obtai...........

Indian Polity Legal Issues

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With reference to general consent to CBI, consider the following statements

It must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state.
It has the power to investigate cases that had been registered before consent was withdrawn.

Select the correct statement.

1 only

2 only

Both

None

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Explanation:

Both statements are correct.

CBI is governed by The Delhi Special Police Establishment (DSPE) Act, 1946. The jurisdiction of CBI is confined to Delhi and Union Territories under this Act.

Section 5 of the DSPE Act empowers special police establishments (SPEs), including CBI, to investigate cases in the states.
Section 6 of the DSPE Act restricts the powers of SPEs under section 5 and puts the condition of the consent of the Government of that State to investigate any case in that state.
So, the CBI must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state. It can be either case-specific or general.
CBI has the power to investigate cases that had been registered before consent was withdrawn.

Hence option 3rd is correct.