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Procedure of Investigation under
CrPC(sec 154- 176 )
Introduction
An investigation is an important segment of criminal procedure. The first step after a crime is committed or information received by a police officer about the commission of an offence is āinvestigation.ā The purpose is to identify the offender and proceed him for trial so as to serve him with punishment as per the provisions of the Code. Section 156 of the Code of Criminal Procedure confers powers on police officers to investigate cognizable cases. In Non Cognizable cases, the police officer has no authority to investigate without warrant and has to obtain a warrant under Section 155 (2) of the Code. The term āinvestigationā has been defined in section 2(h) of the Code. Chapter XII (Sections 154 to 176) of the Code deals with information to police and their powers to investigate.
Meaning and Definition
The term āinvestigationā has been defined in Section 2(h) of the Code of Criminal procedure, Investigation includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. [1] The investigation of an offence consists of:
- Proceeding to the spot.
- Ascertainment of facts and circumstances of the case.
- Discovery and arrest of the suspect.
- Collection of evidence which may include: o Examination of persons concerned and reducing their statement to writing. o Search and seizure of places and things respectively considered necessary.
- Formation of opinion as to whether there is a case for trial, and taking necessary steps accordingly. [2]
Overview of Procedure of Investigation
Cognizable and Non-Cognizable Offence
The cognizable offence has been defined in Section 2(C) of the Code, wherein a Police officer can arrest without warrant. The offence is of serious nature and is a public wrong, where the prosecution is done at the discretion of the state. Punishment is given with imprisonment of 3 years or more and with or without fine. Example ā Dowry, Rape, Murder, etc. Non Cognizable offence and case have been defined in Section 2 (l) of the Code, wherein the police cannot arrest without warrant. The offence is less serious in nature and the prosecution is done at the initiative of the parties. Punishment may be given not exceeding 3 years of imprisonment. Example ā Assault, Forgery, Defamation, etc.
Information to the Police Officer
Section 154 of the code talks about when information is given as a cognizable offence. The information must be given by the informant to the officer in charge of a police station in writing or must be reduced into writing by the officer in charge of the police station. The written information has to be read over to the informant and be signed by him, which is called āFirst Information Report.ā When the information is given by a woman against whom any of the offences under Sections 326-A, 326-B, 354, 354-A to 354-D, 376, 376-A to 376 - E or 509 IPC is alleged to have been committed or attempted, such statement shall be recorded by a woman police officer. After the information has been received by the police officer, he shall start his investigation, provided he has reasons to suspect that a cognizable offence has been committed.
Power of Police to Investigate
Section 156 of the code empowers the officer in charge of a police station to investigate a case in his territorial jurisdiction without the order of the Magistrate if the offence is cognizable in nature. The officer may also initiate an investigation on the orders of the Magistrate empowered under Section
At different stages of an investigation, different reports are to be submitted by the police to the Magistrate. These reports are: Section 157 of the CrPC requires the officer in charge of the police station to submit a report to the Magistrate, called a preliminary report. Section 168 of the CrPC requires a subordinate officer to submit a report to the officer in charge of the police station. Section 173 of the CrPC requires that a final report is to be submitted to the Magistrate as after the investigation gets over.
Order of Investigation by the Magistrate
The Magistrate, under Section 159, has been empowered, if he feels necessary, after receiving the report to direct investigation, or to conduct himself or direct a subordinate Magistrate to hold a preliminary inquiry. And as held by the Supreme Court, the Magistrate has no power to stop the investigation after it has started. [3]
Attendance of Witnesses
The police officer making the investigation is empowered under Section 160 to require the attendance of any person as a witness who is acquainted with the facts and circumstances of the case. The above-mentioned section also provides that no male person or woman who is under the age of fifteen years shall be required to attend any place other than the one in which the male person or women resides. The State Government shall make rules for the payment of reasonable expenses incurred by persons for attending any place other than their residence.
Examination of Witnesses
Any police officer who is in charge of the investigation or any other officer who is acting on the request of an officer in charge shall and is empowered to examine a witness or person who is acquainted or aware of the facts and circumstances of the case put before him. Section 161 of the Code confers powers on police to examine witnesses. The statements of witnesses are important as they can make a person guilty or innocent. The persons who are being investigated are expected and bound to answer truly all the questions relating to such cases put before them. They are not bound to truly answer the questions which would expose them to a criminal charge or any other charge. After the examination, the police officer making the investigation shall
reduce the number of statements given by the person in the course of the examination. And if done so, he shall keep a separate record of the same. He is not bound to reduce the statements into writing but it is preferred that he does so.
Statements to the Police not to be Signed
The statements made by the witnesses during examination need not be signed by him. Neither should be used at any inquiry or trial. The statements made by the witness can be used in the court only to contradict him, and not corroborate him. If the witness is brought from the prosecution side, any part of his statement if proved may be used by the accused and can be used by the prosecution only with the Courtās permission, to contradict him. That is, statements made under Section 161 can be used to contradict him. However, an exception to the above section is: If any statement falls within the provision of Section 32(1) of the Indian Evidence Act, or if any statement affects the provisions of Section 27 of the Evidence Act.
Recording of Confessions and Statements
Any magistrate whether metropolitan or judicial, if he has jurisdiction or not in the case, is empowered under Section 164 to record any statement or confession made to him in the course of the investigation. But a police officer on whom powers of a magistrate have been conferred for the time being is not empowered to record the same. The magistrate, before recording the statement is required to explain it to the person giving the statement that he is not bound to give it and the statements can be used as evidence against him. The magistrate has to make sure that the person making the confession is doing it voluntarily. The Magistrate cannot authorize the detention of that person in police custody if the person refuses to give a statement at any time before the confession is recorded.
Recording of Confession When Magistrate has
no Jurisdiction
A Magistrate who records statements and confession when he does not have the jurisdiction to do so, he shall forward it to the competent Magistrate who has to inquire into the case or by whom the trial is to be done.
Admissibility of Evidence
country or place requesting to examine orally the person who is supposed to be aware of the facts and circumstances of the case and direct him to produce all the requisite documents in his possession relating to the case being investigated and also require to forward all the documents and evidence to the court issuing such letter. The provision is given under section 166.
Procedure when Investigation cannot be
Completed within 24 Hours
Section 167 deals with the procedure when investigation cannot be completed within 24 hours. The purpose of this section is to ensure liberal democratic ideology. The object is to protect the accused from atrocities of the police and to give the opportunity to the Magistrate to decide the question of further custody, to facilitate the investigation, and no detention without trial. For this purpose, it has been provided that the accused or arrested person cannot be detained for more than 24 hours. Section 167 is attracted in the following circumstances:
- When the accused is arrested without a warrant and is detained by the police officer in his custody.
- More than 24 hours needed for an investigation.
- There are grounds to believe that accusation or information against him is well-founded.
- The officer in charge of a police station or the investigating officer not below the rank of sub-inspector forwards the accused for remand before the Magistrate. The judicial Magistrate to whom the accused is so forwarded may authorize the detention of such person in such custody for a term not exceeding 15 days. If the Magistrate does not have the jurisdiction to try the case and considers further detention unnecessary then the accused shall be further forwarded to the Magistrate having jurisdiction to try the case. The Magistrate shall authorize the detention of the accused (but not in police custody) if he has reasons and grounds to believe the necessity of doing so. But in any situation, the Magistrate cannot order detention for a period exceeding:
- 90 days, when the person is accused of an offence punishable with imprisonment for a period not less than 10 years of imprisonment for life or death.
- 60 days, when accused of any other offence. And on the expiry of the period of 60 days or 90 days, whatever the case may be, he shall be released on bail if he is able to furnish sureties.
This period is to be calculated from the date of detention and not from the date of arrest. If the Judicial Magistrate is absent, the Executive Magistrate or the Metropolitan Magistrate on whom the powers of a Judicial Magistrate have been conferred for the time being will act. The Executive Magistrate shall order for detention for a period not exceeding 7 days. If further detention is to be made, the accused shall be forwarded to the competent Magistrate. If the order is given by any Magistrate other than the Chief Judicial Magistrate, he shall forward a copy of his orders also stating the reasons for making so, to the Chief Judicial Magistrate. In a Summons Case, if the investigation is not complete within 6 months, the Magistrate is required to order to stop the investigation unless he has reasons and grounds to believe that further investigation is necessary for the interest of justice. If the Magistrate has ordered to stop the investigation and an application is made to the Sessions judge against the order, then the sessions judge is empowered under Section 167(6) to discard the order given by the Magistrate under subsection 5, if reasonable grounds exist for doing so.
Procedure to be followed on completion of
Investigation (s.169-s.173)
On completion of the investigation, the following procedure is to be followed:
Release of accused when evidence is deficient
When there is not sufficient evidence and reasonable grounds to justify the forwarding of the accused to the Magistrate, the police officer shall release him on him executing a bond, with or without sureties, and may direct him to appear before the magistrate when required.
Cases to be sent to Magistrate when evidence sufficient
When the police officer has sufficient evidence and reasonable grounds, he shall forward the accused to the Magistrate, so that the Magistrate can take cognizance of the offence and try the accused or commit him for trial. If the offence is bailable, the accused shall be given security and be released on bail, only to appear before the Magistrate when required, and for his day to day attendance before the Magistrate.
