Lok Sabha Question No. 3193 (UNSTARRED), answered on 2016-03-16
Subject: Criteria for Referring Cases to CBI
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: CHANDRAKANT BHAURAO KHAIRE, RAMA DEVI

## MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

## GOVERNMENT OF INDIA (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA

## UNSTARRED QUESTION NO. 3193

(TO BE ANSWERED ON 16.03.2016)

## CRITERIA FOR REFERRING CASES TO CBI

## †3193. SHRI CHANDRAKANT KHAIRE: SHRIMATI RAMA DEVI:

Will the PRIME MINISTER be pleased to state:

- (a) the criteria/norms fixed for referring cases for CBI investigation;
- (b) the criteria/norms CBI has followed for closure of cases after investigation;
- (c) the  number  of  cases  referred  to  CBI  on  the  basis  of  the  fixed  norms/criteria  for investigation during the last two years and the current year and the number of cases in which closure reports have been submitted; and
- (d) whether flouting of norms/criteria has been noticed during the above period and if so, the details thereof?

## ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office. (DR. JITENDRA SINGH)

(a):      CBI  is  authorized  to  conduct  investigation  into  the  offences  notified  by  the  Central Government  under  Section  3  of  the  Delhi  Special  Police  Establishment  Act,  1946.While investigation  of  the  said  offences  may  be  taken  up  in  the  Union  Territories,  a  notification from the Central Government is required to be issued under section 5 of the DSPE Act, 1946 with the consent of the State Government concerned under Section 6 of the said Act to enable investigation to be conducted in the territories of different States.

Besides  the  above,  the  Supreme  Court  of  India  and  the  High  Courts  may  also  direct investigation or enquiry by CBI under powers vested with them by the Constitution of India. In such cases, the consent or notification of the Central/State Government concerned is not required.

In order to streamline the processing of the cases and to enable examination of the feasibility of undertaking investigation by CBI, guidelines have been circulated to State Governments for making reference for CBI investigation / enquiry.

(b):   After registration of a case under Section 154 Cr. PC, CBI conducts investigation and collects  evidence  to  substantiate  the  allegations  levelled  in  the  FIR.  In  certain  cases,  the allegations are either not established or evidence gathered is found insufficient to prove the allegations.  In  such  cases  while  submitting  Police  Report  to  the  competent  Court  under Section 173  Cr.PC, CBI recommends closure of  the case stating the reasons as  mentioned above.  On the basis of such Police Report, the Court passes orders for closing the case. At times,  the  Court  issues  directions  to  conduct  further  investigation  on  certain  points  as  it deems  fit.  Accordingly,  further  investigation  is  conducted  and  Police  Report  is  again submitted to the Court for passing appropriate orders.

(c) &  (d)  The number of Regular cases [RC] and Preliminary Enquiries [PE] referred to CBI  for  investigation  during  the  last  two  years  and  the  current  year  and  out  of  these  the number of cases closed are as under :-

| Year                  |   Cases [RC+PE] referred by High Court and Supreme Court |   Cases [RC+PE] referred by State Govt. |   Cases closed [RC+PE] (Out of Col. 2 &3) |
|-----------------------|----------------------------------------------------------|-----------------------------------------|-------------------------------------------|
| 1                     |                                                        2 |                                       3 |                                         4 |
| 2014                  |                                                      175 |                                      32 |                                        29 |
| 2015                  |                                                      292 |                                      34 |                                        12 |
| 2016 (upto 31.1.2016) |                                                       15 |                                       2 |                                         0 |

CBI functions within an explicit and well established legal and procedural framework. Cases are taken up for investigation by CBI strictly as per the provisions of DSPE Act 1946, directions of the Constitutional Courts and extant guidelines in this regard.

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