A Regular Case (RC) in CBI matters is the formal registration of a criminal case by the Central Bureau of Investigation, equivalent to an FIR registered by the State Police, initiated after preliminary scrutiny or enquiry when cognizable offences are disclosed.
Introduction
In criminal law practice, registration of an FIR is the foundation of investigation. However, when it comes to investigations conducted by the Central Bureau of Investigation (CBI), the terminology and procedure differ slightly. Instead of registering an FIR in the conventional sense, the CBI registers what is known as a Regular Case (RC).
Understanding what constitutes a Regular Case, how it is registered, and its legal implications is essential for lawyers, accused persons, public servants, and corporates dealing with CBI investigations, especially in white collar crime and corruption cases. This blog post provides a detailed, structured, and comprehensive explanation of the concept of Regular Case (RC) in CBI matters under Indian law.
Legal Framework Governing Regular Case (RC)
Delhi Special Police Establishment Act, 1946
The CBI derives its investigative authority from the Delhi Special Police Establishment Act, 1946 (DSPE Act). While the Act does not expressly define a “Regular Case,” it empowers the CBI to investigate notified offences in accordance with the Code of Criminal Procedure.
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Once a Regular Case is registered, the investigation is conducted in accordance with the BNSS, and all provisions relating to FIR, investigation, arrest, charge sheet, and trial apply equally.
Thus, an RC is legally treated at par with an FIR.
Meaning of Regular Case (RC)
A Regular Case (RC) is the formal commencement of a criminal investigation by the CBI upon finding that a cognizable offence is disclosed.
In simple terms:
- RC = FIR registered by the CBI
- It is the first official document that sets the criminal law in motion by the CBI.
When Is a Regular Case (RC) Registered?
1. After Preliminary Enquiry (PE)
In most white collar crime and corruption cases, the CBI first conducts a Preliminary Enquiry (PE) to verify allegations. If sufficient material is found, the PE is converted into an RC.
2. Direct Registration on Court Direction
When the High Court or Supreme Court directs a CBI investigation, the CBI directly registers an RC without a Preliminary Enquiry.
3. Based on Complaint or Source Information
In certain cases, where information clearly discloses a cognizable offence, the CBI may directly register an RC without conducting a PE.
Difference Between Preliminary Enquiry (PE) and Regular Case (RC)
| Aspect | Preliminary Enquiry (PE) | Regular Case (RC) |
|---|---|---|
| Nature | Fact-finding exercise | Formal criminal case |
| Legal Status | No FIR | Equivalent to FIR |
| Purpose | Verification of allegations | Investigation of offence |
| Powers | Limited | Full powers under BNSS |
Types of Regular Cases in CBI
CBI classifies Regular Cases based on the nature of offence, such as:
- RC under Prevention of Corruption Act
- RC for bank frauds
- RC for economic offences
- RC involving conspiracy, cheating, and forgery
The RC number reflects:
- Year of registration
- Branch of CBI
- Nature of offence
Legal Consequences of Registration of RC
1. Commencement of Investigation
Once an RC is registered:
- Investigation formally begins
- Statements can be recorded under Section 180 BNSS
- Searches and seizures can be conducted
2. Power of Arrest
The CBI acquires the power to arrest the accused, subject to legal safeguards and judicial scrutiny.
3. Applicability of Criminal Law Protections
All constitutional and statutory protections available in FIR-based investigations apply equally in RC cases.
Can a Regular Case (RC) Be Challenged?
Yes.
The registration of an RC can be challenged before the High Court under Section 528 BNSS or Article 226 of the Constitution.
Common grounds include:
- Lack of jurisdiction
- Absence of essential ingredients of offence
- Purely civil dispute
- Abuse of process of law
Role of RC in White Collar Crime Cases
In white collar crimes, RCs typically involve:
- Multiple accused
- Large volumes of documents
- Expert and forensic audits
- Long-term investigations
RC registration is often a turning point for accused persons, as it escalates the matter from enquiry to criminal prosecution.
Difference Between RC and State Police FIR
| Aspect | State Police FIR | CBI Regular Case |
|---|---|---|
| Terminology | FIR | RC |
| Authority | State Police | CBI |
| Governing Law | BNSS | BNSS + DSPE Act |
| Legal Effect | Starts investigation | Starts investigation |
Legally, both have the same effect.
Filing of Charge Sheet After RC
After completing investigation in an RC:
- The CBI files a charge sheet before the competent court
- Alternatively, a closure report may be filed if no offence is made out
The trial proceeds in the same manner as any other criminal case.
Importance of RC for Accused Persons
Registration of an RC:
- Affects liberty and reputation
- May trigger departmental or disciplinary proceedings
- Can lead to arrest and trial
Therefore, timely legal advice and strategic defence become crucial after RC registration.
Judicial View on Regular Case (RC)
Courts have consistently held that:
- RC is equivalent to FIR
- PE is not mandatory in every case
- Registration of RC must be based on disclosure of cognizable offence
Courts also ensure that RC registration is not misused for harassment.
Conclusion
A Regular Case (RC) in CBI matters is the formal and legally recognized equivalent of an FIR, marking the commencement of a criminal investigation by the Central Bureau of Investigation. Typically registered after a Preliminary Enquiry or pursuant to court directions, an RC empowers the CBI to exercise full investigative authority under the criminal law. Given its serious legal consequences, especially in white collar crime and corruption cases, understanding the nature, scope, and implications of an RC is essential for all stakeholders involved in CBI proceedings under Indian law.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304