NATIONAL LAW INSTITUTE UNIVERSITY

BHOPAL

(IX TRIMESTER)

PROJECT

ON

“ INVESTIGATION BY POLICE”

Submitted to: Submitted by:

Prof. P.K. SHUKLA Soumya Khess

Roll no.: 2016BALLB88

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ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to Prof. P.K. Shukla who gave me the

golden opportunity to do this wonderful project on the topic “investigation by police”, which

also helped me in doing a lot of Research and i came to know about so many new things

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Table of contents

1. ACKNOWLEGMENT ……………………………………………………..…..2

2. INTRODUCTION………………………………………………………….……4

3. MEANING OF INVESTIGATION ACCORDING TO SECTION 2(h)

4. POWERS AVAILABLE TO POLICE TO INVESTIGATE ACCORDING TO THE

5. IMPORTANT PROCEDURES FOLLOWED IN THE INVESTIGATION……..15

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 INTRODUCTION
According to the preamble of police act 1861 “the police officer is an instrument for the

prevention and detention of crime. If any person is in trouble or he is having threat to his life

he always remembers the protector of our rights i.e. police. The overall administration of the

police is vested in the hands of the state. Police department comes under the control of home

ministry of the state. The head of the overall police department in the state is director-general

of police and in every district it vests with district superintendent of police. Whereas in cities

or metropolitan areas it is the commissioner of police who takes charge of overall

administration. The police department plays an important role on maintaining peace and

order of the society. They derive power to investigate from criminal procedure code.

Role of police in maintaining peace and public order and combating crime. They have dual

role while maintain law and order of the society, they are responsible for controlling illegal

activities and sale and purchase of illegal articles. The major roles of police officers in

nutshell are;

 To prevent crimes

 To protect public properties

 To promote and preserve public order

 To maintain law and order

 To prevent and control terrorist activities

 To protect internal security

 To prevent commission of any cognizable offense

 To accurately register the complaint brought by complainants

 To register FIR irrespective of the fact that the offense committed does not fall under

their jurisdiction
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  Preserve, promote and protect human rights of weaker section of the society

 To take preventive action but not in arbitrary sense

 VIP security and performance of various duties when a VIP visits

 To do patrolling and prevent the sale and purchase of illegal articles

Duties of police- The police act of 1861 has laid down a number of duties that the police

officers are bound to honour and follow. The general and obvious ones include maintaining

peace and investigating crimes and bringing offenders to justice. There are also a set of duties

that have been suggested by the national police commissioner taking into account the ever

changing socio-economic condition of the society. These duties are more community oriented

and humane in nature, such as taking preventive action by identifying situations that could

potentially result in crime, helping the individuals who are in physical danger providing relief

to the victims of distress, creating and maintaining feeling of security in the community and

counselling citizens to promote amity.

Powers of the police- The police is entrusted with varying degrees of powers that range from

ensuring orderly flow of traffic to make arrests. The primary powers of police include filing

an FIR, investigating offences, carrying out searches, raids, questioning witness, interrogating

suspects and making arrests. Ancillary powers extend to daily tasks such as patrolling their

jurisdiction to maintain the law and order ensuring civilian safety. Police must exercise their

powers within the limitations laid down by code of criminal procedure and the police act.

Any abuse of power within the limitations or negligence on their part will amount to breach

of discipline, civil unrest or a crime is liable to be punished under law.

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MEANING OF INVESTIGATION ACCORDING TO

SECTION 2(h) OF CRPC

2(h) Meaning: Investigation includes all the proceedings conducted under CRPC by the

police or any other person other than the magistrate or someone appointed by the magistrate

to collect evidence against the accused. Supreme Court has defined investigation as;

 Proceeding to the spot

 Ascertaining the facts and circumstances of the case

 Discovery and arrest of the suspect

 Collection of evidence relating to the offense which includes examination of

the witness and various people including the accused and taking statements

also can search a place and seizure of things considered necessary for the

investigation to be produced at the trial

Discovery and arrest of the of the suspected offender- collection if the evidence related to the

offense; examination of persons related to the case including the written statements, search

and seizure of things that may e necessary for the investigation at the trial stage. Forming an

opinion about whether there is a case that can be presented before a magistrate for trial based

on the evidence collected. Examining the witnesses conducted searches and arranging raids

are integral part of the investigation with the development of the need for criminal justice

medical examinations of the arrested person also falls under the process of investigation

under section 54 of CRPC; examination of arrested person by medical practitioner at the

request of arrested person – According to this section the arrested person can ask for the

medical examination and the report and police cannot deny the request. In the offenses where

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medical examination are necessary as in section 164A where sexual offenses are committed

then the police are required to collect the medical report and collect evidences.

The purpose of investigation are helping and providing evidence in the criminal trial, arrested

persons have right to defend himself and police and the court has the duty to perform to

convict or acquit the arrested person as given in the case D.K.Basu v State of West Bengal

along with Ashok Johri v State of UP (1996) SC- The case pertained on the matters of

custodial tortures and deaths. The SC gave the decision;

(1) The Court opined that Custodial Violence, including Torture and Death in Lock Ups,

strikes a blow at the Rule of Law.

(2) The Court observed that despite the presence of several Constitutional and Statutory

provisions aimed at safeguarding the personal liberty and life of a citizen, there had been

several instances of torture and deaths in police custody which was a disturbing factor.

(3) The Court severely criticised the existence of Custodial Death and regarded it to be one of

the Worst Crimes in a Civilised Society to be governed by the Rule of Law.

(4) A Reference was made to the case of Neelabati Bahera v. State of Orissa (1993) in which

the Supreme Court had held that prisoners are not denuded of their Fundamental Rights under

Article 21 and only such restriction as permitted by law could be imposed on the enjoyment

of the Fundamental Rights of the prisoners 1

Investigating police are primarily the guardians of the liberty of innocent citizens and

therefore heavy responsibility on them. To see that the innocent person is not charged on

irresponsible and frivolous complaints. The administration of criminal justice is an umbrella

term requires that every act done by the agency responsible for investigation of crime must be

fair, upright and free from any defect of sort as in prejudice or defect of law. The police while
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conducting investigation should act in such a way as to inspire full confidence in the public

and conduct itself in such a regular manner as to not fool any reasonable cause of the

complain to those who it deals with. Investigation is a criminal process with 2 important steps

1. Commencement of the investigation only when the matter of fact under inquiry are in

possession of the police officer so that police officer has to collect the evidence in

respect of these facts. The matter of fact under the inquiry denotes that matter of fact

must be certain and not certain as relates to the subject matter. Incomplete information

does not make an investigation to commence and the police officer for the reasons to

be recorded may not proceed into the investigation of the crime but can ask the

informant to provide the complete information. As to this stage so far as it has reached

or not in a particular case will depend upon the facts and circumstances of the case.

2. The investigation by the police officer begins only when he desires to investigate a

cognizable offense under section 156 of CRPC after FIR has been lodged and until

then the investigation cannot be called to be officially started and his action under

section 154 and 156 cannot be regarded as anything done in the investigation

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 POWERS AVAILABLE TO POLICE TO INVESTIGATE

ACCORDING TO THE CODE OF CRIMINAL PROCEDURE

In the chapter XII of code of criminal procedure, 1973- Information to the police and their

powers to investigate. The investigation starts under sections-

 Section 154 CrPC- Cognizable offense, FIR

 Section 155(2) CrPC - Non cognizable offense, order of magistrate

 Section 156(3) CrPC- Cognizable offence order of magistrate

 Police officer has been given power of investigation under section 156 CrPC

154. Information in cognizable cases.

(1) Every information relating to the commission of a cognizable offence, if given orally to

an officer in charge of a police station, shall be reduced to writing by him or under his

direction, and be read Over to the informant; and every such information, whether given in

writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the

substance thereof shall be entered in a book to be kept by such officer in such form as the

State Government may prescribe in this behalf.

(2) A copy of the information as recorded under sub- section (1) shall be given forthwith, free

of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to

record the information referred to in subsection (1) may send the substance of such

information, in writing and by post, to the Superintendent of Police concerned who, if

satisfied that such information discloses the commission of a cognizable offence, shall either

investigate the case himself or direct an investigation to be made by any police officer

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subordinate to him, in the manner provided by this Code, and such officer shall have all the

powers of an officer in charge of the police station in relation to that offence.

The basic objective of FIR is to set criminal law in motion through the agency of the police

and to furnish to the police early information of any alleged criminal activity. The

characteristics of FIR are:-

 It must disclose the commission if a cognizable offence

 It should be given to the officer-in-charge of a police station

 It should be at the earliest point in time

If above conditions are satisfied, the information lodged with the police and recorded under

section 154 CrPC can be treated as an FIR. Other features of FIR are:-

 In writing

 If orally given, reduced to writing by the police officer

 Signed by the person giving it

 A copy should be delivered to the informant free of charge

 It can be made by any person irrespective of whether he/she has first-hand knowledge

of the crime. (except in certain cases)

 Any delay in making the FIR must be mentioned and explained in the FIR itself

 Telegrams and telephonic messages cannot be treated as an FIR because they are not

given in writing signed by the informant; neither are they reduced to the writing by

the police and read back to the informant and there is no guarantee of authenticity.

The value of FIR:-

 Earliest version of the occurrence

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  Not a substantive piece of evidence

 Used for corroboration under section 157 of IEA

 FIR does not come under the preview of section 162 of CrPC as they are recorded

before the investigation

 It can be used to contradict under section 145 of IEA

Tapinder Singh v. State of Punjab; Tapinder Singh fired 5 shots of the bullets on his wife’s

sister’s husband. The man was taken to the hospital and on the way he made an anonymous

phone call to the police station. A dying declaration was also taken from the deceased. Issues

framed: whether telephonic conversation was the FIR? And whether the dying declaration

was the FIR?

Decision:-

1. The telephonic conversation is not FIR as it was not clear and did not specify if it was

a cognizable offense

2. The conversation will be merely treated as information of happening of the event, so

the further action can be taken.

3. But the dying declaration was taken as the FIR and is being corroborated with other

evidence and making the case stronger.

Aphren Joseph v. State Of Kerela; No automatic presumption on lack of credibility in delay

of lodging an FIR. But the prosecution has to establish reasons for the delay and court

assesses its credibility depending on the cases to case.

State of Haryana v. Bhajan Lal; irregularities in the investigation do not vitiate the

proceedings.

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Babubhai v. State Of Gujarat; question before the court was whether investigation and further

proceedings on the basis of both FIR’s were permissible held that no straightjacket formula

can be laid in this regard. The only test whether two FIR’s can be permitted to exist was

whether two conspiracies were identical or not? The court held that both the conspiracies

were not identical therefore lodging of two FIR’s are permissible.

This is the duty of the investigating officer not to merely investigate the cognizable offense

report in the FIR but also other connected offences found to have been committed in the

course of same transaction or the same occurrence and the investigating officer has to file one

or more reports.

Section 155: Information as to non-cognizable cases and investigation of such cases

Any police officer receiving orders may exercise the same powers in respect of the

investigation as in the cognizable cases except the power to arrest without warrant as an

officer in charge of a police station in a non-cognizable case. Meaning Section 155 of the

Code of Criminal Procedure deals with information relating to non-cognizable cases, when

information is given to an Officer-in charge of a Police Station about the commission of a

non-cognizable offence, he must write the important information in a book to be kept in the

prescribed way, then refer the informant to the Magistrate. It is important to see that no Police

Officer investigate a non- cognizable case without the order of a Magistrate. Only when

Police Officer receives the Magistrate’s order, he can exercise the same powers of

investigation which he exercises in the case of a cognizable offence. If one case relates to two

or more offences, of which at least one is cognizable, the case is to be said to be a cognizable

case, even though other offences are non-cognizable offence. In the case The Supreme Court

has held that whilst investigating a cognizable offence and presenting a charge-sheet for it,

the Police are not debarred from investigating any non-cognizable offence arising out of the

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same facts, and including them in their final report.2 Then in another case The Supreme

Court has held that the duty of the investigating Officer is not merely to bolster up a

prosecution case with such evidence as may enable the Court to record a conviction, but to

bring out the real unvarnished truth3. In one case it has also been held that an investigation by

the Head Constable, who was the person to whom the offer of bribe was alleged to have been

made, and who lodged the F.I.R. against the accused, is not proper4.

156: Police officer’s power to investigate cognizable case. Power under Section 156(3) of

the CrPC. can be exercised by Magistrate to direct police to conduct investigation, only in

respect of a cognizable offence. Normally a complaint relating to the commission of a

cognizable offence is given directly to police under Section 154 of the Code, which is

recorded in the form of FIR. It is mandatory for the police to register FIR if the complaint

relates to the commission of a cognizable offence. But sometimes officers are reluctant to

register FIR even though it their duty to do. It is in such a situation that a complaint can be

filed before the Magistrate having jurisdiction, who can then direct police to conduct the

investigation under section 156(3). The complaint given to the Magistrate under Section

156(3) CrPC should relate to a cognizable offence, and then the Magistrate gets the power to

direct police to conduct investigation.

In the Supreme Court has held that to proceed under Section 156(3) of the Code, what is

required is a bare reading of the complaint and if it discloses a cognizable offence, then the

Magistrate instead of applying his mind to the complaint for deciding whether or not there is

sufficient ground for proceeding, may direct the police for investigation. As a matter of fact,

even after receipt of such report, the Magistrate under Section 190(1) (b) may or may not take

2
(Pravin Chandra, — A.I.R. 1985 S.C. 1185)
3
(Jamuna,—A.I.R. 1974 S.C. 1822)

4
(Bhagwan Singh, — 1975 S.C.C. 737)

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cognizance of offence. In other words, he is not bound to take cognizance upon submission of

the police report by the investigating officer, hence, by directing the police to file charge-

sheet or final report and to hold investigation with a particular result cannot be construed that

the Magistrate has exceeded his power as provided in sub-section (3) of Section 1565. The

Supreme Court held that when a Magistrate receives a complaint, he is not bound to take

cognizance if the facts alleged in the complaint, disclose the commission of an offence. If on

a reading of the complaint he finds that the allegations therein disclose a cognizable offence

and the forwarding of the complaint to the police for investigation under Section 156(3) will

be conducive to justice and save the valuable time of the Magistrate from being wasted in

enquiring into a matter which was primarily the duty of the police to investigate, he will be

justified in adopting that course as an alternative to taking cognizance of the offence,

himself6.

5
Srinivas Gundluri v. SEPCO Electric Power Construction Corpn., (2010) 8 SCC 206 : 2010 Cri LJ 4457
6
Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy, (1976) 3 SCC 252

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 INVESTIGATION PROCEDURE IN CrPC

Section 157 to 173 deals with the process involved in investigation.

Section 157 of the Code establishes the procedure to be followed for investigation. The

section requires that immediate information of every complaint or information referred to an

officer in charge of a police station about the commission of a cognizable offence shall be

sent to the Magistrate having jurisdiction. A police officer as soon as he receives information

or has reasons to suspect the commission of any cognizable offence is required to report the

Magistrate who has the jurisdiction to try such cases. The Magistrate is empowered to take

the cognizance of such offence and order any subordinate officer to investigate the facts and

circumstances of the case and take measures for the investigation and the arrest of the

accused. The report is sent to the Magistrate as to keep him informed about the investigation

so he may give appropriate directions. Section 157 requires a police officer to ‘forthwith a

report’ which signifies that the report has been sent without any unreasonable delay. Delay

does not render the case invalid but the court will be careful. Section 157 of CrPC provides

procedure for investigation of cognizable cases. In such cases investigation begins when an

officer-in-charge of a police station has reason to find the commission of a cognizable

offence based on FIR. Secondly if the police officer is having the suspicion that there is

commission of a cognizable offence then the police officer should immediately send a report

to a Magistrate regarding the facts. Reasons for sending the report is keep the magistrate

informed about the investigation so that he may able to help the police in the investigation

and provide direction under section 159 of CrPC if needed. In the case of Pala Singh v. State

SC held that the mere fact of the delayed receipt of the report by the Magistrate cannot by

itself lead to the conclusion that the investigation was tainted, if there be no prejudice caused

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to the accused on that count7. For Non-cognizable offences, a Police officer has no authority

to arrest a person without warrant8. In case of adequate grounds, the magistrate may extend

the period of detention to 15 days. Also, the Police have the power to release the accused in

case of lack of evidence9. Section 159 deals with the power to hold investigation or

preliminary inquiry by the magistrate it is not the power of the police but in the direction and

on the order of the magistrate hold the investigation by the officer in charge or to dispose of

the case.

Section 158- Report submission- The reports sent to the magistrate under sec. 157 be

submitted by a superior officer as the state government appoints either by general or special

order. Such superior officer can give order to the officer in charge as he deems fit and record

such order on the report and be sent the magistrate immediately. In Kari Chaudhary v. Sita

devi (2002)10 it was held that if there is no sufficient reason to continue the investigation, the

reason for the same has to be mentioned in the report which will go the magistrate. According

section 172 every police officer has to maintain a dairy on the investigation of a case where it

should be recorded from the starting to the end of the investigation along with the statements

of the witnesses though it may not be used as a piece of evidence but it may be used as a help

or an aid in the trial of the case but the accused cannot ask for the diary except to contradict

the police officer’s statement or to refresh his memory. Section 173 of CrPC the report should

be completed without any delay as in the case of rape of a child it should be completed within

3 months then it should be forwarded to magistrate stating the names of the parties, nature of

information, names of witnesses, information on the offence and it’s nature along with the

accused name or if he has been arrested and if the medical examination of the victim is

attached and if the accused is released on bond or without any surety which the magistrate

7
AIR 1972 SC 2679
8
ibid, s 2(c), 2(l).
9
Code of Criminal Procedure 1973, s 169.
10
1 SCC 714: AIR 2002 SC 441.

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can shall make as he deems fit . if the police officer is of opinion that the information is not

important to the trial he shall indicate to that statement and append a note requesting it’s

exclusion and if the officer in charge finds further evidence related to the case whose report is

already sent then the officer shall forward it to the magistrate in the prescribed form and it

will be considered as the part of the main evidence. In the case Shamashul Kanvar v. State of

UP- It was held that the that the case diary will only be used for the aid in the case and not as

an evidence by the accused and according to section 173 it will only be used for the purpose

of refreshing the memory of the court or contradicting the witnesses. No individual other than

the police officer is allowed to see the case diary and the accused can only cross examine the

police officer and to refresh his memory.

Section 160, 161, 162, 171, 174, 175 deals with the power to examine the witnesses by the

police officer. According to section 160 the officer in charge can call any person who is

acquainted of the circumstances of the case to the limits of his own or the adjoin police

station except if the person is of age under 15 or above 65 or mentally or physically disabled

who are not required to the police station. In 161 the police not below the rank of police

officer and the officer who is acting in his place, the witnesses have to answer the questions

truthfully other than the questions which can lead him to expose any of his criminal activity,

the police officer has to reduce the statements to writing and also an original statement be

made by audio visual electronic aid. Section 162 deals with any statements made by the

witness to the police officer and when reduced to written form will not be signed by the

witness nor used in the trial for it can be used by the accused to contradict if any fact has been

left by the witnesses and it might have been relent to the case and any particular contradiction

will depend on the question of fact. When the statement of the rape victim is taken a female

officer can only take the statement in the place of choice of the victim and while statement is

being taken there a social worker or the guardian of the woman should be present. Section

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171 complaint or witness is not required to accompany the police officer or be restrained or

give security unless he is refusing to execute the bond under section 170 then he can be

detained in the custody or till the completion of the hearing of the case. Section 174, the

police officer is powered by the state government to inquire the case of suicide, animal attack

death or any accidental death and draw up report to give to executive magistrate or the in

certain cases it is directed to the district magistrate (suicide of woman within 7 years of

marriage or in any suspicious condition the death has occurred or the request made by the

relative of the woman or any reasonable doubt is there regarding death). Under section 175

Power to summon people by the police officer proceeding under section 174 the officer in

charge by a writing summon two or more people for questioning and they are required to tell

the truth other than the ones which might expose his criminal activity if any.

Section 165 and 166 deals with the search by police officer and the issuance of the search

warrant. In section 165 if the officer in charge is of the view that the particular place needs to

be searched with reasonable belief that something important to the investigation will be found

there then he may in writing record it and the place to be searched should lie under the limits

of the police station or be attached to it. The search should be done by the officer himself but

if not then he must order to the subordinate officer about the whole searching process. The

copies of any record be sent to the nearest magistrate and then he should sent the copy of

record free of cost to the owner or occupier of the place to be searched. Section 166- When a

search has to be conducted in the jurisdiction of another station, in the same or a different

district, an officer- in- charge of a police station making an investigation may require under

sub-section (1) of Section 166 CrPC, the officer- in- charge of the former station to make a

search or cause search to be made. Where there is reason to believe that the delay followed by

such a procedure might result in evidence being concealed or destroyed, the investigating

police officer may, under sub-section (3) of the Section 166 of CrPC, make the search

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himself or cause the search to be made, in which case, he shall forthwith send a notice of the

search together with a copy of the list prepared under Section 100 CrPC to the officer- in

charge of the police station, within the limits of which the place searched is situated and to

the nearest Magistrate empowered to take cognizance of the offence. Under section 166A

police officer in charge is empowered to write a letter of request asking the permission of the

competent authority to investigate in a foreign country.

In section 170 the police officer will send the case to the magistrate when they have enough

evidence or reasonable ground and during the trial provide with evidence to convict the

accused and whenever the bail is furnishes and accused gives security the court shall take the

security fixed by him on the particular day, the officer in whose presence bond is executed

shall deliver a copy to one of the person who executed and the original to the magistrate.

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