9/22/21, 10:31 AM CBI Investigation- Complete Legal Guideline By CBI Manual

CBI Investigation – Process And Rules To

Follow
By Nikieta Aggarwal - December 21, 2016

After a complaint has been received and verified by the CBI, a preliminary enquiry is
conducted by the Bureau into the allegations that are included in the complaint.

If the preliminary enquiry reveals the occurrence of a cognizable offence that

falls under the purview of the Bureau’s jurisdiction, a First Information Report
is recorded under Section 154 of the CrPC (Code of criminal procedure) and CBI
Investigation is initiated.

The DSPE provides the CBI officers with the necessary powers to investigate any case
related to an offence mentioned in Section 3 of the DSPE Act.

These powers, however, aren’t restricted only to the territory of Delhi. The DSPE Act, in
Articles 5 and 6 provides for the investigating officers- under CBI- to investigate cases
occurring in Union Territories or in Territories of other States with the consent of the
Union Government or the s\State governments respectively.

Once the consent has been provided, it can not be revoked under any case.[1]

When can you demand Investigation?

CBI Investigation Process

The first step to be taken by any investigating officer who is handling a case is to create
a Plan of Investigation.

This is a very methodical process which involves-

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1. Analyzing the allegations reported in the FIR,

2. Categorizing the analysed allegations into the main allegations and secondary
allegations,

3. Drawing points as to how the investigation is to be proceeded with.

This “Plan of Investigation” is to be made by the Investigating officer with the help of
the Superintendent of police and should contain among other things a list of the
following:

Main allegations to be proved as per the FIR.

Witnesses to be examined during the course of the investigation.

Any documents to be seized during the course of the investigation.

Any technical existence required and if so, then what?

Any expert opinions to be obtained.

Searches to be conducted.

Interpol references required.

Any CBI Investigation required outside the territory of India.

A Plan of Investigation, once made, will not be considered to be final and

binding.

It is a flexible document that can be altered as and when necessary. If due to any
change in circumstances, modification or addition is required in the Plan, it can be done
at any point during the CBI Investigation.

The Superintendent of police has to review the same whenever he makes a progress
report on the same and the report is to be based around the information provided in
such Plans.

In cases of supreme importance, the Director In General of Police also has the power to
review such plans and issue any order as he may deem necessary regarding
modifications and alterations of such plans.

Once the Plan of CBI Investigation has been made, the 2nd step involved in the
investigation process is to proceed to the spot of the crime.[2]

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9/22/21, 10:31 AM CBI Investigation- Complete Legal Guideline By CBI Manual

The CBI Investigation process proceeds with an inspection of the spot of crime.

As defined by the CBI manual, a scene of crime or an event under CBI Investigation can
be any place through which an investigating officer can get crucial evidence regarding
the case.

This step forms the base of the CBI Investigation as the information that one gets at the
scene of the crime usually includes evidence like information on the victim, information
of the Modus Operandi used by the criminals, circumstantial evidence revolving around
the commission of the crime, physical evidence tying suspects to the scene of the crime
and so on.

The importance is usually more so in cases of physical harm like offences of rape,
murder, dacoit, riot and so on. Cases involving corruption and bribery usually do not bear
much fruit in this stage as there is no physical evidence that can be found at such place
regarding such crimes.

However, with improving digital security and improved forensic abilities, this step has
become as important for solving these offences as well.

This step involves the following two processes:

Getting a Plan of the scene of offence: In all cases of CBI Investigation, the
investigating officers has to make or has to procure from others a plan of the building
or the area in which the crime has been committed. This not only helps in studying
the area better, but also allows the investigating officer to better understand the way
in which the crime being investigated was committed.

Photographing/video graphing/trapping the scene of crime and search

proceedings: This is an important part of the CBI Investigation process and should
be adhered to at all times. In case the photos are being taken in the conventional
method, the negatives are to be preserved. The videos should be burned into a Write
Only Disk in front of the witnesses.

This step helps in ensuring that an exact image of the crime scene as it was found
remains with the Investigating Officer so that any clue that was initially missed can be
later found. It also  ensures that witnesses do not turn hostile at the last moment and so
on.

In all important cases of disproportionate assets/ recoveries, search proceedings should

also be video graphed so that the Court may appreciate the evidence collected by CBI-
about the luxurious lifestyle of the accused or the circumstances under which a particular
recovery was made.

The 3rd step in the process involves ascertaining all the facts and circumstances of
the case[3].

For the purpose of this step, the investigating officer is allowed to take assistance of any
officer of a different department who might be well versed with the facts and the
circumstances of the case.

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9/22/21, 10:31 AM CBI Investigation- Complete Legal Guideline By CBI Manual

This, however, can only be done with the approval of the Superintendent of Police. This
step has to be carried out very judicially, especially in cases regarding corruption,
embezzlement and fraud or while conducting an inquiry- on offences relating to
misconduct.

In such cases, the Investigating officer should not only familiarize himself with the facts
but, also with the rules and regulations as regards the working of an organizations, with
which such inquiries are related to.

If any information is required from the Head of Departments or Vigilance officers, it

should be so obtained in a comely fashion. Their cooperation and help should also be
taken to understand the way a particular department works.

The fourth step involved is Discovery and arrest of the suspected officer.

For the purpose of carrying out this step in the process, the investigating officers have
been given the same powers as that of a police officer as laid down in the Code of
Criminal procedure.

The fifth step involved is collection of evidence relating to the commission of the
offence which consists of acts like-

examining various people.

Recording of statements.

The search and seizure of the places or any document that may be deemed necessary
for the purpose of the investigation.

However, it is necessary to ensure that the evidence so collected is not done with force,
coercion or any such unfair means or practice. It is the duty of the Senior
Superintendent of Police to ensure that there is no inducement, threat or promise made
to any person from whom the information is collected.

If the information is collected in such a manner, the evidence so accrued will not be
admissible and court and the actions of the officer can lead to dismissal from service.
Wherever necessary, orders of the competent Court should be obtained for the custody
and disposal of the case property in accordance with the provisions of Sections 451, 452
and 457 Cr. P. C.

Also, any documents that have been seized should be reviewed properly and necessary
action should be taken to ensure that all those documents that are not required as a part
of the CBI Investigation are returned as soon as possible.

If any photocopy of the documents seized by the CBI from a department is asked by the
department, the same can be prepared by the department under the supervision of the
Investigating Officers. In case this is not possible, the CBI has the responsibility to
supply the same to them.

The sixth and the final stage in the process of CBI Investigation involves formulation
of expert opinion on the guilt of the accused on the basis of the material evidence
collected during the period of the investigation.

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Once the investigating officer has reviewed all the evidence collected by him over the
course of CBI Investigation, he has to make a decision regarding whether there is
reasonable doubt against the accused and whether such doubt is enough to place him
before the magistrate on trial.

If the answer to that question is yes, it becomes the duty of the investigating officer to
take the necessary steps involved in getting him before the magistrate. This involves
things like filing of a charge-sheet under section 173 of the Cr. P. C. before the
competent court and so on.

Powers Of The Investigating Officer During CBI

Investigation
The powers conferred upon the Investigating Officer during the course of CBI
Investigation are mentioned in the Delhi Special Police Enforcement Act.

However, the powers so granted to the CBI are not that different to the powers granted
by the Cr. P. C. Under section 153

All the police employees who are above the rank of an officer have a duty to investigate
any action that constitutes a cognizable offence.

The same power is vested in the officers of the CBI under Section 6 of the DSPE Act.
Similarly, the power to depute subordinates to go and investigate the crime scene
conferred upon the Police by Section 157 of the Cr. P. C. is endowed upon the officers of
the CBI by section 2(3) of the DSPE Act.

Therefore, it can be said that the powers and duties of an investigating officer are the
same as that of an officer under Section 157-153 of the Cr. P. C.

This includes-

The powers to summon any person to attend an investigation (provided that the
person so summoned is not under the age of 15).

To examine such witnesses, to record confessions and statements and so on.

If the case is against senior gazetted officers, then the case should be investigated
by the additional Superintendent of Police and the same is to be supervised by the
Superintendent through case diaries and case reports, communications with
Investigating Officers, examination of Important witnesses and so on.

In cases where accused person(s) has(have) escaped from the country after
committing the crime or part of the crime has been committed abroad or the witnesses
and other material evidence are available in a foreign country, it may be considered
necessary to conduct investigation abroad.

While informal information/material may be collected through Interpol and diplomatic

channels, formal investigation to collect evidence and gather material objects/documents
may be conducted through formal Letter of Request sent through a competent Court
under provisions of 166-A of the Criminal Procedure Code.

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The diplomatic missions which are situated in various countries abroad cannot help with
such CBI Investigation except for providing information collected from informal channels
like the Interpol.

For those countries who do not require a Letter of Request from the court for conducting
such investigations, a notice containing relevant facts including various important facets
of the investigation are to be sent to the Interpol wing of the CBI, who then continue
with the investigation.

When, in cases of utmost importance and absolute necessity, officers of the CBI are sent
abroad for the conduct of an investigation, it is important to keep in mind that such
officers have no powers in that country.

Any action which impedes upon the law on a foreign land may lead to impeding the
sovereignty of the country. In such cases, the National Central Bureau (Interpol) of that
country may be requested through the Interpol Wing of CBI and the Competent
Authority of the country through the diplomatic channels for taking necessary
permission/approving visit of the Police Officers to the concerned country.

Any work that needs to be done out of the territory of India can only be started once
such permission has been obtained from the relevant authorities.

This’s all about CBI Constitution- It’s Structure And Relations With State Police for now.
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References:

[1] K. Chandrasekhar etc. v. State of Kerala [JT 1998 (3) SC 612].

[2] As laid down by
the Supreme Court in  H.N. Rishbud V. State of Delhi (A.I.R. 1955 S.C. 196)
[3] ibid
 

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