Patna: The Bihar govt has updated the legal framework governing the Central Bureau of Investigation’s (CBI) jurisdiction in the state, while retaining the requirement for prior state govt consent in cases involving Bihar govt employees and institutions under its control.The clarification came from Bihar Police Headquarters on Saturday, days after the home department issued a notification on Sept 3. Bihar Police said the notification was intended to update the existing legal provisions in line with the new criminal laws and should not be construed as a change in the existing arrangement governing the CBI’s jurisdiction in Bihar.Through the notification, the home department exercised powers under Section 6 of the Delhi Special Police Establishment Act, 1946, and accorded consent to members of the CBI to investigate offences covered under Section 3 of the Act in Bihar.The consent covers specified offences under the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, Information Technology Act, 2000, provisions relating to cybercrimes and relevant provisions of the Prevention of Corruption Act, 1988, as amended.According to Bihar Police, the notification applies to specified categories of offences allegedly committed by Central govt employees, employees of public sector undertakings under the Central govt and private individuals.However, prior consent of the Bihar govt would be mandatory where a case relates to the activities of public servants working under the state govt. The requirement would also apply to persons employed by corporations, companies or banks owned or controlled by the state govt.Institutions that have received or previously received financial assistance from the Bihar govt would also fall under this provision. In such cases, the CBI would have to obtain the state govt’s consent before investigating the matter.Bihar Police said the last notification covering the arrangement was issued in 1996. Since then, provisions governing the CBI’s investigation of specified offences in the state have been updated through notifications issued from time to time.The latest notification became necessary following the enactment and implementation of the new criminal laws in 2023. Bihar Police said earlier notifications contained references to provisions of laws that had since been replaced and therefore needed to be aligned with the laws currently in force.The department said the latest notification was primarily intended to update the existing legal framework and ensure that it remained consistent with current laws. It clarified that the order did not seek to alter the existing legal system.Bihar Police also said reports suggesting otherwise were misleading and not based on facts. The notification, it said, retained the existing distinction between cases involving Central govt establishments and those concerning Bihar govt employees and state-controlled institutions.
