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Criminal Procedure Code, 1973
INVESTIGATION BY POLICE
Steps in Investigation – Registration of F.I.R U/S 154 Cr.P.C Sending the reports to higher officials and Court Spot Inspection Examining the persons acquainted with the facts of the occurrence conduct inquest, post-mortem examination Arrest of the Accused and Seizure of properties Sketch and Mahajar preparations Making request before the Magistrate to send M.O’s for Chemical Examination Collection of all Evidence Filing Charge-Sheet (challan)
1. Meaning & Definition:- The term “Investigation” in the section, in its ordinary dictionary meaning is, in the sense of ascertainment of facts, sitting of materials and search for relevant data. An official examination of the facts about a situation, crime, etc. The term “Investigation” has been defined in S.2 (h) of the criminal procedure code as “Collection of evidence conducted by the police officer or by any person (other than a Magistrate) who is authorised by the Magistrate in this behalf.
2. Introduction to Investigation
By Investigation mean, criminal investigation, a statutory process through which the proof of an offence is established in a criminal court. Section 156 of the Cr.P.C statutorily empowers the police to investigate into cognizable offences without any sanction or order from the Magistrate. They are not under control of the courts or any judicial authority during the course of investigation. No Magistrate however superior has powers either to interfere with or suspend the police investigation into cognizable offence. The Magistrate could interfere directing the police to investigate or to order inquiry into the case only if the police decide not to investigate the case. Investigation is an extensive process of collection of evidence of a crime, generally begins with the First Information Report which sets not only the criminal law but also investigation in motion. Investigation has to be done due care and caution proceeded with not only methodically but also scientifically in consonance and conformity with the forensic sciences. Investigation should collect all the relevant objects such as Blood, Finger Prints, Clothes, Weapon of offence etc. And send them to court concerned Form No. 91 of the PS standing orders. The chain of events and evidence as disclosed by investigation.
d) Section 156 : Police officer power to investigate cognizable cases –
- Any officer-n-charge of a PS may, without the order of Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within of such station would have power to inquire into.
- Any Magistrate empowered U/S. 190 may order such an investigation as above mentioned. e) Section 157 : Procedure for investigation – If officer-in-charge of PS has reason to suspect the commission of an offence which he empowered U/S. 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person or shall depute one of his subordinate by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case. If necessary, to take measures for the discovery and the arrest of the offender. If it appears to the office-in-charge of PS that there is no sufficient ground to entering on an investigation, he shall not investigate the case. f) Section 159 : Power to hold investigation or preliminary inquiry – Such Magistrate, on receiving such report, may direct an investigation, or if he thinks fit, at once proceed, to hold a preliminary inquiry to, or otherwise to dispose of, the case in the manner provided in this code. g) Section 160 : Power to require attendance of witnesses - Any police officer making an investigation, by order in writing, requires the attendance before himself of any person being within the limits. Provided that no male person (under age of 15 yearsor above the age of 65 years or a woman or a mentally or physically disabled person) shall be required to attend at any place other than the place in which such male person or woman resides.
The state government may , by rules made in this behalf, provides for the payment by the police officer of the reasonable expense of every person. h) Section 161 : examination of witness by police – Such person shall be bound to answer truly all questions relating to such case put to him by such officer. The police officer may reduce into writing any statement made to him in the course of an examination. If he does, he shall make a separate and true record of statement of each such person whose statement he records. NOTE : Provided that statement made under this sub-section may also be recorded by audio-video electronic devices. i) Section 162 : Statement to police not to be signed, use of statement in evidence – When any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement if duly proved, may be used by the accused and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872.
C. Who can investigate and right of investigation
Any police officer may investigate any cognizable case [S. 156 (1) Cr.P.C.]. Head constable in charge of police out-posts are empowered to hold investigation U/S. 174 (1), Cr.P.C. Investigation by Head Constable in the absence of superior officer is competent. Informant (complainant) cannot be the investigator himself. Inspector General of Vigilance has jurisdiction over whole of state and can take investigation from any police officer. In Case the investigation is assigned to head constable, then it must be verified and completed by officer-in-charge. When investigation is done by a sub0-ordinae police officer, he shall always report the result of such investigation to the officer-in-charge of PS (S. 168, Cr.P.C.) No court can prohibit the police from investigating a case. But the High Court can issue Writ of Mandamus to stop the investigation or U/S. 482, Cr.P.C. the investigation may be quashed by the High Court.
D. Investigation when can be Refused
- The investigation may be refused in the following cases:
- In trivial offences
- Cases clearly of a civil nature
- In petty thefts
- When injured person does not wish enquiry
- In undetectable simple case
- In exaggerated assaults
- In non-cognizable cases
- If the information is not a credible one
- If the offence is a time barred one
E. Procedure and Steps in Investigation
After receipt of first information regarding a cognizable offence, the police officer should enter the information in the General Diary and he has to proceed to the spot of occurrence along with the sufficient number of constable or other sub-ordinate police officer. The following articles are necessary as the police officer should bring them while proceeding to the occurrence place.
- Ball point pen, pencils, erasers, blade to sharpen the pencil, papers, sufficient number of carbon papers, tracing papers, stamp pad, etc.
- Candle, torch, wax and match box.
- Measuring instrument such as scale, long tape, calculator, etc.
- A good watch
- Soap, towel, clothes, small bags
- A penknife and scissors.
- Glass test-tubes, glass bottles
- A pocket of first-aid equipment
- A bottle of plaster of pairs and bottle of oil
- Depending upon the necessity other articles such as camera.
- A pocket edition of Criminal Major Act, etc. Investigation by the police mainly consists of the following steps:
- Proceeding to the spot after sending the F.I.R to the Magistrate court.
- Ascertainment of facts and circumstances of the case.
- Summoning and examining the persons who are acquainted with the circumstances of the case.
- Search and Seizure of the materials to discover the crime.
- Preparation of site plan of occurrence and Mahazars.
- Arrest the suspected offender.
- Ultimately submitting the charge-sheet U/S. 173, Cr.P.C.
According to the provision of Section 155, Cr.P.C only officer-in-charge or any police officer of a police station concerned can move an application to obtain the order for investigation from the Magistrate concerned of a non-cognizable case and there is no legal bar for moving such application by the First Informant, Section 155(2), Cr.P.C.
H. Order Investigation U/S. 156(3), Cr.P.C
Object and Power of investigation –
S. 156(3), Cr.P.C. provides for a check by the Magistrate on the police performing its duties under chapter 12 of Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same. S.156 (3), Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done.
Procedure under section 156(3) of Cr.P.C. to order investigation by
Magistrate –
Any judicial Magistrate, before taking cognizance of the police, can order investigation under S. 156(3). If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the police to start investigation it is open to the Magistrate to direct the police to register an FIR.
I. Time Factors in Investigation
Section 173 (1), Cr.P.C. says that “Every investigation under this chapter XII shall be completed without necessary delay. Section 167 Cr.P.C says that “whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of 24 hours, the investigation officer, shall forthwith transit to the nearest Judicial Magistrate a copy of the entries in the diary relating to the case, and shall at the same time forward the accused t such Magistrate. No Magistrate shall authorise the detention of the accused person in custody for a total period exceeding 90 Days, where the investigation related to an offence punishable with death, imprisonment for life, imprisonment for a term of less than 10 Years, sixty days, where the investigation related to any other offence. On the expiry of this term, if the investigation is not completed, the accused is entitled to be release on Bail. Section 167(5), Cr.P.C says ‘If in any case triable by a Magistrate as a summons case, the investigation is not concluded within period of 6 months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of 6 months is necessary. If the person not sought by the police officer, the Magistrate cannot take cognizance and the accused should be discharged. An undue and prolonged delay in investigation will be a ground in favour of defence prayer for Bail. Delay in investigation and filing a charge-sheet throws doubt on the prosecution case. The provisions of S. 167(5), Cr.P.C. have no application when an accused is not arrested by the police but surrenders before a Magistrate. The investigation beyond 6 months from the date of surrender of the petitioners was not illegal or irregular even though the case is triable as a summons case.
Defective Investigation– Accused cannot be acquitted solely on account of defective investigation. Non-sending of bloodstained earth for chemical examination and weapons of assault and pellets for ballistic examination.
K. Further transfer of and Re-Investigation
After filing charge-sheet on completion of investigation U/S. 173, Cr.P.C. further investigation may be done U/S. 173(8), Cr.P.C. Under section 406, Cr.P.C. the Supreme Court has been empowered to transfer a case from High Court to another or from one subordinate court of a High Court to a subordinate court of another High Court. Under this section no power to transfer investigation from one police station to another. When any breach of the mandatory provisions relating to investigation is brought to the notice of the court at an early stage of the trail the court will have to consider the nature, extent of the violation and pass appropriate orders for such re-investigation as may be called for, wholly or partly. Section 156(3) does not in any way effect the power of investigating officer to further investigate the case even after submission of the report as provided in S.173(8), Cr.P.C. In a petition U/S. 482, Cr.P.C. the investigation was directed to be conducted by other agency namely CID because of the irregularity committed by the police in investigation. After filing the final report o completion of investigation by the police, the Magistrate passes order stating that there is no case. Re-investigation of the case on the same complaint is an illegal one unless the order of the Magistrate.
L. To Quash or Stop Investigation
It is settled law that an F.I.R. and the consequent investigation cannot be quashed unless there is no offence spelt out from the same. F.I.R. is to be taken on its face value for adjudging the same. Though the Code of Criminal Procedure gives to police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate case an aggrieved person can always seek a remedy by invoking the power of High Court under Article 226 of the constitution when the police exercised the power of investigation malafide. The High Court may quash the investigation wither U/S. 482, Cr.P.C. or under Article 226 of the constitution. Investigation may be quashed if it is established that the carrying on of the investigation has resulted in miscarriage of justice. F.I.R register after more than 2 years of complainant, filled against petitioner. Investigation has not been completed in more than 7 years. Even though quashing of F.I.R amounts to stopping of investigation, it can be quashed because of the inordinate delay on the part of investigation agency.
