CBI can register cases without preliminary probe, says SC

A bench headed by Justice DY Chandrachud of the Supreme Court on Friday ruled that the Central Bureau of Investigation can register a case without mandatorily conducting a preliminary probe (PE) before registration. Chandrachud noted that PE is not mandatory under CrPC, and hence the SC cannot issue a direction without stepping on the legislative domain.

Accused cannot demand a PE as a right as the CBI has the right not to conduct it, said Chandrachud. The CBI can register cases upon receiving credible information which discloses a cognizable offence. There can be no judicial directive to conduct a PE in every case of corruption. However, the bench added that it would be up to the CBI to conduct PE in appropriate cases.

Though it was argued whether the CBI can even register a case given that the Telangana government has withdrawn general consent to it, the bench did not delve into it and instead left the question open. The detailed judgement will be uploaded later in the day.