The CBI is the main investigating agency of the GOI. It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
Its important role is to prevent corruption and maintain integrity in administration. It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988. Investigate cases connected to infringement of economic and fiscal laws, i.e., breach of laws concerning customs and central excise, export and import control, income tax, foreign exchange regulations, etc. But cases of this nature are taken up by the CBI either at the request of the department concerned or in consultation with the concerned department.Investigate crimes of a serious nature, that have national and international ramifications, and committed by professional criminals or organised gangs.To coordinate the activities of the various state police forces and anti-corruption agencies.
At the behest of a state govt., the CBI can also take up any case of public importance and investigate it.Maintaining crime statistics and disseminating criminal information.The agency is dependent on the home ministry for staffing since many of its investigators come from the Indian Police Service. The CBI also relies on the ministry of law for lawyers and also doesn’t have functional autonomy to some extent. The CBI, run by IPS officers on deputation, is also vulnerable to the government’s ability to manipulate the senior officers because they are dependent on the Central government for future postings. Since police is a State subject under the Constitution, and the CBI acts as per the procedure prescribed by the Code of Criminal Procedure (CrPC), which makes it a police agency, the CBI needs the consent of the State government in question before it can make its presence in that State. This can lead to certain cases not being investigated and seeing a silent deadlock. Recently, states like Andhra Pradesh (consent is again given after change of government in-state) and West Bengal withdrew consent.
The CBI was not one of the organizations included in the exempted category. It was much later in 2012 that the CBI was brought in. There was a purpose as to why the CBI was not brought into the ambit of the RTI- this was because the CBI was not considered to be one of those organizations which really looks into the strategic interests of India. Section 8 of the RTI Act, which guarantees various forms of exemption, begins by saying that all the information which has a strategic significance should not be disclosed. Further, since the Intelligence Bureau (IB), the Research & Analysis Wing or RAW and such organizations which gather intelligence, are dealing with strategic matters and so they were from the very beginning kept in the exempt category. The CBI was never considered to be one which collects or maintains such information which are of strategic importance for the country.However, the CBI made out a case that they are also investigating into all kinds of cases- and that these cases include those which are of strategic importance for India and therefore, if they would be subjected to the RTI, much of that information would go out into the public domain.
CYBERSECURITY IS A SHARED RESPONSIBILITY, AND IT BOILS DOWN TO THIS: IN CYBERSECURITY, THE MORE SYSTEMS WE SECURE, THE MORE SECURE WE ALL ARE.