Many other states, such as West Bengal, Punjab, Tamil Nadu, etc., have also withdrawn their general consent in the past.

• West Bengal had withdrawn its general consent in 2018, which the Supreme Court upheld in the State of West Bengal v. Union of India case (2024).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.