This article is written by Trisha Prasad. The article analyses the establishment, functions, powers, and challenges related to various investigation agencies that are currently functioning in India. In an attempt to understand the concept of investigation agencies in India, this article also distinguishes the investigating agencies from intelligence agencies that also have a prominent role in the functioning of the country.

This article has been published by Shashwat Kaushik.

Introduction 

Investigation agencies involve a wide range of organisations, authorities, bodies, or agencies that are specifically tasked with carrying out investigations and other related activities with the aim of ensuring appropriate law enforcement, aiding the promotion of order and justice, and safeguarding national security. These agencies generally carry out inquiries, gather evidence, analyse evidence, and adopt other investigation measures to either uncover the truth behind a crime or offence and make a case for prosecution or to prevent any threats.

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In the Indian context, investigation agencies are an integral part of the law enforcement mechanism and play a pivotal role in the detection, investigation, and subsequent prosecution of offenders. These agencies have distinct jurisdictions and specific mandates, functioning at different levels, including the national level, state level, and through special units. At the national level, agencies like the National Investigation Agency (NIA) and the Central Bureau of Investigation (CBI) are prominent agencies to combat terrorism and investigate major crimes, respectively. At the state level, the Crime Investigation Departments (CID) are a prominent group of agencies that function within the limits of their respective states and carry out investigations with respect to crimes committed or having effect within their jurisdictions.

Objectives of investigation agencies in India 

In the Indian context as well as globally, investigation agencies are established and vested with specific powers with the objective of maintaining law and order, preventing and investigating crimes, aiding in upholding justice, and protecting the security of the citizens of the country. The following are the basic objectives of investigating agencies in India:

  • Detection and investigation of crime
  • Prevention of crime
  • Disrupting criminal networks
  • Strengthening and facilitating the improvement and development of security and police forces
  • Protection of society and public safety
  • Aiding in the enforcement of laws
  • Combating national security threats, including terrorism
  • Ensuring accountability and promoting transparency when the public is involved.

Investigation agencies in India

Central Bureau of Investigation (CBI)

The CBI is an investigation agency in India that functions under the Ministry of Personnel, Public Grievances, and Pensions, the Government of India. The CBI is tasked with investigating major crimes, corruption cases, frauds, and other such cases that involve central government employees or cases referred to it by the Supreme Court, High Courts, or Central Government. It plays a crucial role in upholding justice, accountability, and preventing corruption.

History

The history and establishment of the CBI can be traced back to the Special Police Establishment (SPE), which was established by the Indian Government in 1941. The government realised the necessity of addressing the increasing corruption connected to the enormous expenditures during World War II. The SPE was set up in 1941 to investigate transactions with the Government’s War and Supply Department, where corruption and bribery were prominent. In the subsequent year, the jurisdiction of SPE was also extended to cover transactions on the railways. The Delhi Special Police Establishment Act, 1946, transferred the supervision over SPE to the Home Department. The CBI as we know it today was, however, only constituted as a result of the recommendations of the Santhanam Committee on Prevention of Corruption (1964), which emphasised the need for a Central Vigilance Commission and strengthening of the SPE. The CBI was officially established in 1963 by way of a resolution passed through the Home Ministry. The role of the CBI was further extended in the subsequent years to not only cover corruption and bribery but also other economic offences and conventional crimes.

Organisational structure

As of 2019, the CBI had 5000 members, 125 members of the forensic team, and around 250 law officers. The administration of the CBI is headed by an IPS officer of the rank of Director General of Police, designated as the Director, CBI. The CBI also includes members of the ranks of Special Director, Deputy Inspector General of Police, Additional Director, Joint Director, and Senior Superintendent of Police, among other members.

The Central Vigilance Commission Act, 2003 (CVC Act) amended the Delhi Special Police Establishment Act, giving the Central Vigilance Commission the power of superintendence in cases where an offence under the Prevention of Corruption Act, 1988 is being investigated while also elaborated on provisions for the appointment, tenure, and terms of service of the Director of the Special Police Establishment, or CBI. According to the CVC Act, the tenure of the director is for a period of 2 years. Further, as per the Lokpal and Lokayuktas Act, 2013, the director is appointed by the Central Government on the basis of the recommendation of a three member committee consisting of the Prime Minister, the leader of opposition in the Lok Sabha, the Chief Justice of India, or any other judge as nominated by the Chief Justice of India. If there is no recognised leader of opposition in the Lok Sabha, the leader of the single largest opposition party will become a member of the committee.

Divisions

  • The Anti-Corruption Division of the CBI is exclusively tasked with investigating corruption allegations against public officials, government employees, and individuals holding a position of authority in any public office or public institution. Corruption may be in the form of bribery, embezzlement, or any other means adopted by individuals, groups, or associations.
  • The Economic Offences Division of the CBI investigates matters that fall under the category of economic offences. This includes inquiry, investigation, collection of evidence, and prosecution for offences like money laundering, fraud, banking scams, and other similar white collar crimes.
  • The Special Crimes Division or Zone of the CBI is tasked with investigating major crimes that are of national or even international importance. There may be overlapping jurisdiction in this case as the special crimes division also deals with matters like economic crimes and corruption, along with other major and serious crimes. The international extent of its work area as well as its ability to deal with the most high-profile cases, however, make the powers, mandate, and jurisdiction of this division distinct from the previously mentioned divisions.
  • The Directorate of Prosecution can be considered the legal division of the CBI. It gives legal advice and guidance throughout the process of investigation. This division is expected to ensure that the collected evidence is admissible and that all the legal procedures and provisions are followed throughout the investigation process.
  • The Administration Division manages the general administration, logistics, and organisation of the CBI. This division consists of various sub-departments, including the legal department, human resource management department, IT department, resource management department, budgeting and finance, public relations, etc.
  • Policy and Coordination Division is responsible for formulating policies, rules, frameworks, strategies, and guidelines for the efficient functioning of the CBI. It undertakes various research and analysis initiatives and coordinates work between different divisions and departments of the CBI in order to ensure effective coordination between them as well as a more functional and efficient relationship between the divisions in terms of day to day functioning.
  • The Central Forensic Science Laboratory is a crucial department for the CBI as it provides forensic support to the agency. It analyses various physical forensic evidence, including DNA, finger prints, handwriting, cyber evidence, etc. This division uses its expertise to help corroborate evidence, recreate crime scenes for the purpose of investigation, and provide scientific findings as well as important expert evidence.
  • The Training Division conducts regular training programmes and workshops for existing CBI personnel as well as new recruits, with the aim of enhancing skills, expertise, professionalism, and personal development. This division ensures that all the officials and members of the CBI are updated on the latest developments in the realm of law enforcement.

Powers and functions

The CBI has, over time, come to exercise the following powers and functions:

  • Investigate serious crimes like fraud, murder, corruption, economic offences, and other cases that may be termed “high-profile cases”;
  • The powers and functions of the CBI and its officers are similar to those of the state or union territory police;
  • Collaborate with other investigation agencies that are present in India in order to thoroughly investigate crimes;
  • Take up and investigate cases in relation to infringement of economic laws in consultation with the concerned departments;
  • Coordinate the activities of anti-corruption bodies as well as state police whenever necessary;
  • Maintain statistics of crimes and disseminate criminal information when required;
  • Act as the “National Central Bureau” for Interpol. This means that the CBI is the designated agency or point of contact for all interpol activity involving India.

Investigation

The CBI begins its investigation upon receiving information about any crime that falls within the ambit of its jurisdiction. However, it is essential for one of the following conditions or prerequisites to be fulfilled before the CBI can begin its investigation.

  • If the CBI wants to suo-moto begin an investigation, it can do so only in Union territories. This is further restricted to the offences that are specifically notified by the Central Government under Section 3 of the Delhi Special Police Establishment Act.
  • If the CBI wants to investigate any offence in the territory of another state, the prior consent of the state must be sought. The Central Government may also direct the CBI to investigate an offence in any state only after the concerned state government has consented to the investigation. The consent in question can be a specific consent that may be given on a case-by-case basis when requested by the CBI or a general consent that is usually given to the CBI for a period of six months to one year and renewed from time to time. The general consent may be withdrawn, thereby preventing the CBI from investigating new cases without obtaining specific consent.
  • If the Supreme Court or the High Courts order the CBI to investigate an offence, there is no necessity for the concerned state government to give consent for the investigation.

National Investigation Agency (NIA)

The NIA is a specialised investigation agency in India tasked with the duty to deal with terrorism and threats to national security. In simple terms, the NIA is the premier counter-terrorism body in India. This autonomous body was established by the central government in 2009 and functions under the jurisdiction of the Ministry of Home Affairs. The NIA has a relatively wider scope and territorial jurisdiction when compared with other investigation agencies in the country.

History

The NIA was constituted on 31st December 2008, as a result of the 26/11 terror attack in Mumbai the same year. The 2008 terror attack that struck Mumbai resulted in the deaths of around 150 people and left many injured. The attacks reflected a gap in the existing intelligence, investigations, and security measures that were in place in the country at that time. The Indian government bodies and overall security management in the country were deemed to be underprepared to predict, prevent, and deal with the occurrence and consequences of terrorist attacks.

In December 2008, the National Investigation Agency Bill 2008 was introduced in parliament by the then Home Minister, P. Chidambaram. The bill received the assent of the President and was officially enacted on 31st December, 2008, as the National Investigation Agency Act, 2008. The NIA was subsequently established, pursuant to the Act, with the aim of countering terrorism in the country.

Features of the National Investigation Agency Act, 2008

  1. The Act consists of 5 chapters, or 26 sections, and 1 schedule;
  2. The Act is applicable to the whole of India. The applicability of the Act also extends to Indian citizens living outside the Indian territory as well as any person who is involved in the service of the government, irrespective of whether they are present within or outside India. Additionally, the provisions of the Act also apply to persons on ships and aircraft that are registered with India;
  3. The Act provides for the procedure for the investigation and trial of those offences that fall under the jurisdiction of the NIA;
  4. The Act specifically provides for the establishment of the NIA by the Central Government as a counter-terrorism body;
  5. The Act provides for the constitution of or designation of certain sessions courts as “special courts” by the government, either central or state, who are also expected to lay down, in detail, the powers and jurisdictions of these courts. The Chief Justice of the concerned High Court must be consulted before such a designation is made;
  6. The Schedule annexed to the Act provides a list of offences that fall under 8 existing statutes that can be investigated by the NIA. 

Organisational structure

  • The Central Government plays a supervisory role over the NIA, which functions under the Ministry of Home Affairs.
  • The NIA is headed by an IPS officer who is designated as the Director-General and discharges the same powers as the Director-General of Police.
  • The director general may be assisted by a special or additional director general. 
  • The NIA also has inspector generals who assist the director generals. These IGs may often be tasked with heading or supervising the 19 regional branches of the NIA that are functioning across the country today.

Powers and functions

The NIA is vested with the following powers and functions:

  • Investigate cases and offences in any part of the country;
  • Investigate into matters that threaten the sovereignty, integrity, and security of India, as well as any acts that hamper India’s friendly relations with other countries;
  • Investigate violations of legislation that was enacted to implement international treaties and conventions;
  • Investigate terrorist activities, hijacking of aeroplanes and ships, bomb blasts, human trafficking, cyber terrorism, etc;
  • Transfer the investigation to the state government with the prior approval of the central government for an expeditious investigation process.

Investigation

The NIA has the power to investigate if the following procedure or prerequisites are fulfilled:

FIR or referral

When an FIR related to a scheduled offence (an offence under Schedule 1 of the NIA Act) is filed with the state police, the state police shall forward such information to the state government. The state government shall then forward the same to the central government. The latter has a period of 15 days to analyse and determine whether the offence contained in the FIR is a scheduled offence. If the central government is satisfied that there is a scheduled offence, the NIA will be directed to begin investigating the said offence.

Central Government takes suo moto cognizance of offence

The central government may also take suo moto cognizance of any offence if it feels that a scheduled offence has been committed. Upon taking cognizance, the NIA will be directed to begin the investigation.

Bureau of Police Research and Development (BPR&D)

The BPR&D is an organisation under the Ministry of Home Affairs that undertakes research and policy-making activities with the aim of modernising and improving the efficiency and professionalism of police forces in India.

History

The BPR&D was established by the Indian Government in 1970 under the Ministry of Home Affairs, effectively replacing the existing Police Research and Advisory Council. This move was made with the aim of modernising India’s police forces.

Organisational structure

  • The Director General’s office heads the BPR&D. The overall leadership, management, direction, or final decision-making function lies with this division. The director general’s office plays a supervisory role and oversees the implementation of policies, rules, initiatives, and objectives of the organisation. This division is also in charge of representing BPR&D in its interactions with other government agencies and stakeholders.
  • The Research Division is tasked with carrying out research, analysis, evaluation, and surveys in relation to various aspects of crime, policing trends and patterns, law enforcement, and issues in criminal justice. Recommendations are made by the division on the basis of their research and study.
  • Development and Modernisation Division of the BPR&D works on the promotion of modern methodologies, technology, and efficient development of the police forces in India. Apart from promoting, the department also facilitates the deployment of new technology and practices throughout the concerned police forces in the country.
  • The Administrative Division deals with the administrative, financial, logistical, and general organisational aspects of the agency. It is in charge of human resources, resource management, budgeting, etc.
  • The Training Division designs and delivers training programmes, workshops, exercises, and other initiatives for the benefit of existing personnel at all levels of the police force as well as new recruits. This division also creates modules and training material as and when deemed necessary, updating it on a regular basis.

Powers and functions

  • Identify the needs and problems of police forces in India;
  • Research and carry out studies related to improvement in the Indian police forces;
  • Suggest methods to overcome challenges and improve the police force;
  • Keep up with the latest science and technology, as well as global standards;
  • Monitor and maintain quality training for the Indian police forces;
  • Assist in ensuring the modernization of police forces as well as other corrective facilities;
  • Assist the Ministry of Home Affairs with standards and quality requirements for equipment and infrastructure;
  • Coordinate the work of the National Police Mission.

Crime Investigation Department (CID)

The CID is an investigating agency at the state level. It can be considered to be an extended investigation branch of the state police. This means that each state has its own CID that works under and in collaboration with the state police. The CID is tasked with investigating complex cases that are beyond the regular powers of the police within the limits of the concerned state.

History

The origin of CID can be traced back to 1902, when the British Government first established it in India on the basis of the Frazer Commission’s recommendations. It is based on the criminal investigation departments of the British Police Forces, which were first established in Britain in 1878. The first CID was officially established in Bombay and has been functional since 1905.

Organisational structure

CID is headed by an officer with the rank of Additional Director General of Police. Other ranks within the CIDs also include superintendents, deputy superintendents, inspectors, and sub-inspectors. All officers or members of CIDs are generally designated as “detectives,” and the same is reflected in their titles, before the police rank that they hold. Other officers also include legal advisors, ministerial staff, and auditors.

Powers and functions

  • Investigation of complex criminal cases at the state and district levels that are often beyond the powers or abilities of local police forces;
  • Assisting local police in investigating and solving cases that require special skills, expertise, and resources;
  • Establish and administer specialised units to deal with specific types or categories of crimes like narcotics, human trafficking, white collar crimes, etc.;
  • Facilitate coordination and collaboration between law enforcement agencies that function in different states for the purpose of investigating crimes that are multi-jurisdictional in nature;
  • Conduct training and capacity-building programmes for local police forces in order to enhance investigation skills and update police personnel on new technologies and methods used in crime detection and prevention;
  • As an investigation agency, the role of CID is primarily focused on the detection and investigation of complex crimes. At the same time, CID also plays an important role in the prevention of crimes by engaging with relevant stakeholders in all sections of society on the basis of vulnerability. CID is also tasked with organising awareness programmes and carrying out outreach programmes for the purpose of preventing crimes.
  • Registration, detection, investigation, and subsequent prosecution of specific classes of crimes as entrusted by the state government or director general of police;
  • Carry out rescue operations in cases like human trafficking.

Difference between CBI, NIA, and CID

S.noBasisNIACBICID
1.JurisdictionNational level investigation agency specialising in counter-terrorism and similar national security threats.National level investigation agency specialising in the investigation and prosecution of serious crimes like murder and fraud.State level investigation agency that deals with complex criminal cases within states.
2.Primary functionInvestigate and incorporate methods to counter-terrorism, insurgency, and other threats to national sovereignty and security.Investigate major crimes and corruption cases that involve central government employees or any other cases referred by the Supreme Court or High Courts.Investigate, prosecute, and prevent crimes like human trafficking, murder, cyber crimes, etc., within the territorial limits of a state.
3.StructureAn autonomous agency under the Ministry of Home Affairs. It is headed by an officer of the rank of Director General.Operates under the Ministry of Personnel, personal grievances, and pensions under the Central Government. It is headed by a director and divided into various divisions that either deal with specific crimes or the internal administration and organisation of the CBI.Functions under the state police of the concerned state. Each CID unit is headed by an officer of the rank of additional director general of police and has its own hierarchy.
4Statutes and legal authoritiesEmpowered under the National Investigation Agency Act, 2008.Empowered under the Delhi Special Police Establishment Act, 1946, and other relevant Acts like the Lokpal and Lokayuktas Act, 2013.Empowered to investigate crimes as per existing criminal laws like the Code of Criminal Procedure, 1973.
5.Coordination and collaborationCollaborates with state and national level law enforcement agencies as well as international agencies and counterparts in other nations.Collaborates with state police, national and state intelligence, and law-enforcement agencies based on the requirements of individual cases.Collaborates with local police forces and other law enforcement agencies within the state. In certain cases, the CID collaborates with other CID branches in other states or police forces in other states in cases that are multi-jurisdictional in nature.

Directorate of Enforcement (ED)

The ED is an economic intelligence and investigation agency in India that is primarily tasked with ensuring the enforcement of the provisions of the Prevention of Money Laundering Act, 2002 (PMLA) and the Foreign Exchange Management Act, 1999 (FEMA).

History

The establishment of the ED can be traced back to 1956. It was established as a unit under the Department of Economic Affairs with the purpose of ensuring the enforcement of the Foreign Exchange Regulation Act, 1947. The scope of the ED has expanded over the years to include other economic regulations like the PMLA and FEMA.

Powers and functions

  • Investigating foreign exchange violations like smuggling of foreign currency, illegal transactions, and unauthorised foreign investments;
  • Investigating major cases of fraud and money laundering, as well as tax evasion and other forms of generation of proceeds or “income” through activities that are classified as crimes;
  • Freezing and subsequently seizing any assets that were acquired by illegal means or involved in financial fraud and money laundering;
  • According to the provisions of FEMA, the ED has the power to investigate any person or place, arrest any person, search any place or for any person, and seize property.

Organisational structure

The ED functions under the control of the Department of Revenue, Ministry of Finance. The Directorate is headed by a Director who may be assisted by additional directors,joint directors, and deputy directors, along with other support staff.

Directorate General of Income Tax (Investigation)

The Directorate General of Income Tax (investigation) is an agency under the Ministry of Finance that is entrusted with the duty of investigating any violation of income tax laws, including but not limited to money laundering, fraud, and tax evasion. The Investigation Department of the Central Board of Direct Taxes (CBDT) plays a supervisory role, controlling the functioning of the Directorate General of Income Tax (investigation). The directorate has offices in all major cities and towns across India.

Additionally, the Directorate General of Income Tax (Intelligence and Criminal Investigation) in New Delhi as well as other major cities in India was established to carry out both intelligence functions as well as investigation functions into criminal matters related to income tax in specific jurisdictions and among specific classes of people.

Difference between intelligence and investigation agencies in India

S.noBasisINVESTIGATION AGENCYINTELLIGENCE AGENCY
1.Primary functionInvestigate specific offences or crimes and gather information, including evidence for prosecution or conviction of the offender.Gather and interpret information or intelligence, usually in relation to national security, with the aim of combating threats to national security.
2.Scope of operations/ JurisdictionInvestigation agencies tend to have their scope of work restricted to specific jurisdictions (state, union territories, regional or central level) as well as specific subject matters. The NIA, for example, is restricted to dealing with matters in relation to counter-terrorism.Intelligence agencies can function both domestically and internationally. These agencies can collect intelligence or information of any kind and to any extent as is necessary for securing the national security of the country. 
3.Nature of workInvestigation agencies function in a manner that is relatively more open or transparent to the general public. The nature of the work done is more overt and involves the gathering of evidence for prosecution by adopting methods like forensic analysis, inquiry, surveillance, undercover operations,etc.Intelligence agencies function in a more secretive and confidential manner. They often engage in long-term strategic analysis of various threats and security risk factors. Sensitive information is gathered and interpreted through covert operations, including analysing patterns, observing trends, and predicting or forecasting potential threats to national security.
4.Relationship with law enforcement activitiesInvestigation agencies aid or supplement law enforcement in the country. The work done by such agencies often goes hand in hand with law enforcement activities.Intelligence agencies work independently from law enforcement. However, there may be occasional sharing of intelligence by these agencies with law enforcement bodies when the need arises.
5.ExamplesNational Investigation Agency (NIA), Central Bureau of Investigation (CBI)Research and Analysis Wing (RAW), Intelligence Bureau (IB)

Conclusion 

The NIA is a specialised agency that focuses on countering terrorism and threats to national security. The CBI has a wider jurisdiction and scope of work when compared to the NIA, investigating major crimes, corruption, fraud, and other such cases that have national significance. Similarly, the CID also deals with major crimes and complex criminal activities at the state level, functioning in collaboration with the state police. The BPR&D is the think tank and development agency that primarily works towards the improvement, development, and modernisation of police forces in India. Lastly, the ED and Directorate General of Income Tax (Investigation) deal with economic matters. The former deals with economic crimes like money laundering and economic fraud, while the latter specifically deals with ensuring the enforcement of tax laws and compliance in India.

In conclusion, investigation agencies in India play a crucial role in ensuring accountability, upholding the rule of law, and protecting national and public security and interests. These investigation agencies, including the NIA, CBI, CID, BPR&D, ED, and Directorate General of Income Tax (Investigation), as mentioned above, function under different mandates and jurisdictions with a common objective of law enforcement and protection.

Frequently Asked Questions (FAQs)

Can a state government request the NIA to investigate any matter?

A state government can refer a case or request the NIA to investigate any matter through the central government. The concerned state government must request that the central government hand over the process of investigation in any specific case to the NIA, provided that there is sufficient and satisfactory reason to believe that a scheduled case or offence as provided under the NIA Act is involved.

How can an individual lodge a complaint or file any information with the CBI?

An individual can approach the CBI with a complaint in relation to any corruption involving central government employees, economic crimes, or special offences only. Any branch of the CBI, located in various regions and cities across the country, can be approached for the purpose of filing a complaint. Information can be sent to the CBI through post, SMS, e-mails, phone calls, the CBI’s website, or by approaching the concerned branch in person. It is important to note that the CBI does not entertain anonymous or pseudonymous complaints.

Do different investigation agencies collaborate with each other?

There are cases or situations that require different investigation agencies to collaborate and work in coordination with each other due to the complex and multifaceted nature of the issue, case, or situation that is being investigated. These collaborations are usually in the form of information or intelligence sharing and joint operations.

Can individuals approach investigation agencies in India?

Yes, individuals, including members of the general public, victims, witnesses, informants, legal practitioners, etc., can approach most investigation agencies to either provide information about any offence relevant to that agency’s jurisdiction or file a complaint either for themselves or on behalf of someone else. Most agencies have their own helplines, email-ids, postal addresses to which complaints or information can be sent. Individuals may also approach the branch offices or the head office of the agencies to file a complaint.

References 

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