Many other states, such as West Bengal, Punjab, Tamil Nadu, etc., have also withdrawn their general consent in the past.
- West Bengal had withdrawn its general consent in 2018, which the Supreme Court upheld in the State of West Bengal v. Union of India case (2024).
Consent to the CBI
- As per section 6 of The Delhi Special Police Establishment (DSPE) Act, 1946, CBI must obtain the consent of the state government concerned before beginning to investigate a crime in a state.
- In this respect, CBI position is different from that of the National Investigation Agency (NIA), which is governed by The NIA Act, 2008, and has countrywide jurisdiction.
Type of Consent
- General Consent: The CBI is not required to seek fresh permission every time it enters that state in connection with an investigation or for every case.
- Exception to General consent
- Cases ordered by the Supreme Court or High Court.
- Cases registered in other states or union territories.
- Cases registered before the withdrawal of the consent.
- Case-specific consent: The CBI would have to apply to the state government in every case.
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