Law relating to CBI & ED Trial And Investigation By Kush Kalra 2nd Eidition 2026

Description

The law relating to CBI (Central Bureau of Investigation) and ED (Enforcement Directorate) in India governs their powers, structure, functioning, and jurisdiction in investigating corruption, economic offences, and serious crimes. These are two of the most powerful investigative agencies in India, and their powers are derived from different statutes.

🔹 1. CBI – Central Bureau of Investigation

✅ Legal Basis

CBI is not a statutory body; it derives power from:

Delhi Special Police Establishment Act, 1946 (DSPE Act)

Set up in 1963 by a Government of India resolution.

Functions under the Ministry of Personnel, Public Grievances and Pensions, Government of India.

✅ Jurisdiction & Functions

Investigates:

Corruption cases

Economic offences

Serious crimes (e.g., murders, scams, frauds)

Cannot investigate a case in a state without consent of the state government (Section 6, DSPE Act).

State consent can be:

General (ongoing permission)

Specific (case-wise)

✅ Important Sections of DSPE Act

Section 2 – Constitution of Delhi Special Police Establishment

Section 3 – Offences to be investigated by CBI (notified by Central Government)

Section 6 – Consent of state government required

✅ Relevant Case Law

State of West Bengal v. Committee for Protection of Democratic Rights (2010): Supreme Court held that High Courts/Supreme Court can order CBI probe even without state consent.

CBI v. Rajesh Gandhi (1996): No one has a right to demand CBI enquiry as a matter of right.

🔹 2. ED – Enforcement Directorate

✅ Legal Basis