In short: first find out whether the Central Bureau of Investigation (CBI) wants you as a witness (notice under BNSS Section 179, earlier CrPC 160) or as an accused (notice of appearance under BNSS Section 35(3), earlier CrPC 41A). Comply with the notice, keep copies of everything, and if you are an accused and fear arrest, seek anticipatory bail before appearing.
How CBI gets a case
CBI works under the Delhi Special Police Establishment Act, 1946. It investigates corruption by central government employees, bank frauds, economic offences and cases sent to it by the Central Government, a High Court or the Supreme Court. In a state, CBI needs the state government's consent (Section 6 of the Act). Several states, including West Bengal, have withdrawn general consent, so CBI then needs case-specific consent, unless a High Court or the Supreme Court has directed the investigation.
Witness notice or accused notice
- Witness (BNSS 179 / CrPC 160): you are asked to give information. A woman, a man under 15 or over 65, or a person who is disabled or acutely ill cannot be required to attend anywhere other than their home.
- Accused (BNSS 35(3) / CrPC 41A): issued where arrest is not immediately necessary. If you comply and keep complying, you should not be arrested unless the officer records reasons. The Supreme Court in Satender Kumar Antil (2022) stressed that these safeguards must be followed.
Public servants: prior approval
For an enquiry into a decision taken by a public servant in official duty, Section 17A of the Prevention of Corruption Act requires prior approval of the competent authority. Prosecution later needs sanction. Missing approval or sanction is a ground to challenge the case.
What to do now
- Read the notice: the section, case number, date, and the documents asked for.
- Get the FIR if you are named; CBI FIRs are generally available, and the court can be asked for a copy.
- Appear, or ask in writing for another date with reasons.
- Seek anticipatory bail from the Special CBI Court or High Court if you are an accused and fear arrest.
- Consider quashing before the High Court where the FIR discloses no offence or the case is legally barred.
Questions people ask
What should I do if I get a CBI notice?
Check whether it is a witness notice or an accused notice, collect the documents asked for, consult a lawyer and appear on the date. If you are an accused and fear arrest, apply for anticipatory bail first.
Can CBI arrest me if I comply with a notice?
Under BNSS Section 35, a person who complies with a notice of appearance should not be arrested unless the officer records reasons that arrest is necessary.
Can CBI investigate in West Bengal without consent?
West Bengal has withdrawn general consent, so CBI needs case-specific consent, except where a High Court or the Supreme Court directs a CBI investigation.
Can a CBI FIR be quashed?
Yes, the High Court can quash an FIR that discloses no offence, is legally barred, or is an abuse of process, under its inherent powers (BNSS Section 528, earlier CrPC 482).
Where are CBI cases tried?
In Special CBI Courts, usually under the Prevention of Corruption Act and the Bharatiya Nyaya Sanhita.
Facing a criminal case or arrest?
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.