The Central Bureau of Investigation derives its legal powers of investigation from the:

The Central Bureau of Investigation (CBI) derives its legal powers to investigate offences from the Delhi Special Police Establishment (DSPE) Act, 1946.

Background of the Act:

• The Special Police Establishment was first set up in 1941 by an executive order.
• In 1946, the Delhi Special Police Establishment Act was passed to give it a legal basis.
• The Act placed the agency under the Home Department and widened its scope to all departments of the Government of India.

Why "Delhi" in the name:

• The Act constituted a special police force for the Union territory of Delhi.
• Its jurisdiction can be extended to other Union territories, and to states with the consent of the state government.

Important sections:

• Section 3 allows the Central Government to notify the offences that the agency can investigate.
• Section 5 allows the Central Government to extend its powers and jurisdiction to other areas.
• Section 6 requires the consent of the state government before the agency can exercise its powers in a state.
• Section 6A once required prior approval for investigating senior officers, but it was struck down by the Supreme Court in 2014.

Status of the CBI:

• The CBI is not a statutory body in itself, because it was set up by a resolution of the Home Ministry in 1963.
• It gets its investigative powers from the DSPE Act.
• Some courts have questioned its legal status, but the Supreme Court has allowed it to continue functioning.

The Director of the CBI:

His appointment, tenure and conditions are now governed by provisions added to the DSPE Act by the Lokpal and Lokayuktas Act.

Why not the other options?

• ✗The Police Act, 1861 governs state police forces.
• ✗The Official Secrets Act, 1923 deals with espionage and secret official information.
• ✗The Prevention of Corruption Act, 1988 defines corruption offences, but does not create the CBI.