The Bihar government has revised its standing consent for Central Bureau of Investigation inquiries, broadening the agency’s ability to investigate cases involving central-government personnel and private parties while retaining prior state approval for probes involving Bihar officials. The Bihar CBI consent notification was reported on September 5, 2026.
The order was issued by the state Home Department under Section 6 of the Delhi Special Police Establishment Act, 1946. It supersedes earlier notifications on the subject.
How Bihar CBI consent now works
The revised framework extends standing consent for specified offences involving central-government employees, central public-sector undertakings and private individuals. For those categories, the CBI does not need to request permission separately in every case covered by the notification.
However, alleged offences involving Bihar government officers, state employees or personnel of state-controlled and state-funded institutions continue to require prior approval from the state government on a case-by-case basis.
Why state consent matters
The CBI derives its police powers from the Delhi Special Police Establishment Act. Under the federal framework, extending those powers within a state generally requires state consent unless a constitutional court directs an investigation.
Standing or “general” consent reduces the need for repeated permissions within its scope. A state can define, withdraw or limit that consent, creating different arrangements for central and state personnel.
Courts retain separate authority
The notification does not prevent the Supreme Court or a High Court from directing a CBI inquiry in an appropriate case. Judicially ordered investigations operate through a distinct constitutional route and are not dependent on ordinary executive consent.
The new Bihar order should therefore not be described simply as granting unlimited CBI power or as fully withdrawing consent. It creates a two-part system: broader standing permission in some categories and retained state scrutiny in others.
Application of the notification will depend on the alleged offence, the status of the people involved and the wording of the order. Any individual investigation should be assessed against those facts rather than assumed to fall automatically within or outside CBI jurisdiction.
