Special investigation agencies like Central Bureau of Investigation (CBI) & Enforcement Directorate (ED) are entrusted with the task of investigating specialized category of cases. The CBI is entrusted to investigate economic, corruption, and special crimes (including national security, drugs and narcotics, etc.). CBI, being a central agency, derives its authority from the Central Government of India. It has extensive powers to investigate cases, including the authority to take over investigations from state police agencies with the consent of the concerned state government. Whereas CBI covers a much more comprehensive area and subjects on the other hand the ED focuses on investigating and prosecuting cases related to money laundering, foreign exchange violations, and economic offenses. Though the investigation done by these two agencies are under different enactments, but the line of investigation will be common if the case pertains to economic offence. In almost all cases there will be a joint trial of cases launched by CBI & ED.
This book is a well researched and documented contribution to legal fraternity on the different aspects of CBI and ED. The beauty of this book is that it will be of good use to everyone in the profession of Law who would be interested in understanding the law related to CBI and ED.
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The Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) are two premier investigative agencies in India that handle complex criminal investigations involving corruption, financial fraud, money laundering, and economic offenses. While CBI primarily investigates corruption and serious crimes, ED focuses on financial crimes, especially under the Prevention of Money Laundering Act (PMLA).
Governing Law: The CBI derives its legal authority from the Delhi Special Police Establishment Act, 1946 (DSPE Act).
Jurisdiction: The CBI can investigate cases of corruption, economic offenses, and serious crimes involving multiple states or public officials.
Powers: The agency can register cases, conduct searches, make arrests, and file charge sheets, but it requires prior approval from the central or state government in some cases.
Sanction Requirement: Under Section 6 of the DSPE Act, the CBI requires state government consent to investigate cases in a particular state.
Governing Laws: The ED operates primarily under the Prevention of Money Laundering Act, 2002 (PMLA) and the Foreign Exchange Management Act, 1999 (FEMA).
Jurisdiction: Investigates money laundering offenses and foreign exchange violations.
Powers:
Attachment of properties derived from illicit activities.
Arrest and prosecution of offenders involved in financial fraud.
Cooperation with international agencies for cross-border money laundering cases.
Preliminary Inquiry (PE): Conducted to determine if there is a prima facie case.
Registration of FIR: A case is formally registered after sufficient grounds are found.
Evidence Collection: Includes forensic analysis, witness statements, and document verification.
Charge Sheet Filing: After completion, a charge sheet is submitted to the competent court.
Trial: The case proceeds under the jurisdiction of Special CBI Courts.
Detection of Offense: Based on suspicious financial transactions.
Attachment of Assets: ED can provisionally attach assets suspected of being proceeds of crime.
Summoning and Interrogation: Suspects and witnesses are called for questioning.
Filing of Complaint: A prosecution complaint is filed under PMLA.
Trial in PMLA Court: The Special PMLA Court handles trials for money laundering offenses.
CBI Cases: Heard in Special CBI Courts, governed by the Criminal Procedure Code (CrPC).
ED Cases: Tried in Special Courts designated under PMLA.
Burden of Proof: Under PMLA, the accused has to prove that the alleged proceeds of crime are legally acquired.
Appeals: Decisions from Special Courts can be appealed in higher courts, including High Courts and the Supreme Court.
CBI’s Autonomy: The agency faces criticism for political interference and the requirement of government approval for cases.
ED’s Powers: The attachment of assets before conviction raises concerns about due process.
Judicial Oversight: Strengthening judicial oversight to ensure fair investigations and trials.
Speedy Trials: Addressing case backlogs to ensure timely justice.
Both CBI and ED play crucial roles in maintaining law and order, tackling corruption, and preventing financial crimes. However, ensuring their independence, transparency, and adherence to due process remains key to their effectiveness in upholding justice.
| Kush Kalra Law Relating To CBI & ED Trial And Investigation |
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