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INVESTIGATION
Meaning and Purpose
"Investigation" according to the code, is to be conducted always by a police or any other
authorized person it includes all the proceedings under the code for the collection of evidence.

The investigations of an offence consist of-

Proceeding to the place of offence

Ascertainment of the facts and circumstances of the case
Discovery and arrest of the suspected offender
Collection of evidence relating to the commission of the offence
The search of places or seizure of things considered necessary for the investigation or
trial
Formation ofthe opinion as to whether on the materials collected there is a case to place
the accused before a magistrate for trial, and if so, taking the necessary steps for the same
by the filing of a charge-sheet under section 173. crPe

Police, when to investigate

The Principal agency for carrying out investigation of offences is the police and the
police can proceed to investigate
On the information received from any person as to the commission of any cognizable
offence, or
Even without any such information, but if they have reason to suspect the commission of
any cognizable offence or
On receive any order (to investigate) from any judicial magistrate empowered to take
cognizance of any offence under section 190.

Duty to inform and assist the police

Generally speaking, every person should report to the authorities if he has any
information as to the commission of any offence.
This would considerably facilitate the detection and investigation of crime.
Intentional omission to give information as required by section 39 renders the person
liable to punishment under sections 176 and 202 ofthe penal code.

Information to the police

A. In respect of cognizable offences

Any person aware of the commission of any cognizable offence may give information to
the police and may, thereby set the criminal law in action.
 Such information is to be given to the officer-in-charge of the police station having

jurisdiction to investigate the offence.

B.In respect of non-cognizable offences

station of the
If any person gives information to an officer-in-charge of a police
have cause to enter the
commission of a non-cognizable offence, the officer shall enter to
substance of the information in a book to be kept by such an
officer in the form

prescribed by the state govern1nent.

The officer shall then refer the informant to the magistrate. (Section 155 (1)J.

Procedure after the recording of F.I.R.

officer in charge of a
The investigation of a cognizable offence begins when a police
commission of a cognizable offence
police station has reason to suspect the
the first information report as recorded
Though the basis for the suspicion is essentially
under section 154, on the other hand it is legally possible
that the suspicion may be based
on any other information of the police [Section 157(1)].

Power to require attendance of witnesses

For effective investigation the police must be able to obtain information from persons
relevant to the commission of the offence
acquainted with the facts and circumstances
under investigation.
officer to call for and to secure the
I t is therefore, necessary to empower the investigating
attendance of persons who likely to have relevant information.
are
officer may by order require the
According to section 160(1), an investigating police
attendance before himself of any person.
to attend required by the investigating officer is
Any person who intentionally omits
as

liable to be punished under section 174 IPC

Power to interrogate witnesses and to record their statements

() Power to interrogate
In order to facilitate the collection of evidence the investigating police officer has been
given power to examine orally any person supposed to be acquainted with the facts and
circumstances of the case.[Section 161 (1)].

(2) Recording of statements in the

The investigating police officer may reduce into writing any statement made to him
person; and if he does so, he shall make a separate
and
course of the examination of a
true record of the statement of each such person whose statement he records. [section

1613)1.
 Power of judicial
magistrate to record confessions and statements
Any confession made to police officer is
The statements recorded
totally inadmissible in evidence.
by the police in the course of the investigation cannot be used
for any purpose
Therefore, the code provides by section 164 a special
confessions and statements made procedure for the recording of
during the course of investigation by competent judicial
magistrates.
The purpose of the
special procedure is primarily to ensure that the confessions or
statements are made
voluntarily and freely, and not under any pressure or influence.
Maintenance and use of "case
diaryvpe
According to section 172(1), every investigating police officer is required to enter
his
proceedings in the investigation in a diary. daily
Such a diary shall set forth the time at which
the information reached the
officer, the time at which he began and closed his investigating
and a statement of investigation, the places visited by him,
the circumstances discovered through his investigation.[Section
172(1)1.
Procedure when investigation cannot be completed within twenty four hours
A person arrested without a warrant cannot be detained by the police for more than 24
hours.
If thepolice officer considers it necessary to detain such a person for a
the purposes of investigation, he can do so longer period for
only after obtaining a special order of a
magistrate under section 167.npe
Procedure to be followed on
completion of investigation
1) Release of accused when evidence is deficient
(2) Cases to be sent to magistrate when evidence is
sufficient
(3) Report of police on completion of investigation
(4) Supplementary report on
further investigation
Investigations and inquiries into the case of unnatural deaths, suicides, of
death in police custody, etc.

According Section 174, Investigation made by police

Ascertainment of the cause of death in cases of suicide, unnatural
death, death caused in
commission of crime, etc.
 Police is required to get the post-mortem examination done in cases of bride burning or
bride-suicides and in other cases where there is doubt regarding the cause of death

According Section 176, Investigation made by Magistrate

Inquest by magistrate is mandatory in case of (i) death of person while in police custody
(ii) death in case of bride burning or bride suicide..

WHAT ISTHE DIFFERENCE BETWEEN A FOLICE INVESTIGATOR

AND A PRIVATE INVESTIGATOR?
Police Investigation
A police investigation is conducted by confirmed law enforcement officers and is done
within the restriction of Constitutional laws.
The investigation is conducted to determine if a crime has been committed, to determine
who committed the crime, and to gather enough evidence to present to a prosecutor for a
trial.

Private Investigation
A private investigation is conducted by a professional investigator who is in all other
aspects, a private citizen.
Being a private investigator, several of the restrictions of the Constitution do not apply
Private investigators are not restricted to criminal investigations.
PIs work for clients who.may request any manner of work, including infidelity
investigations, background investigations, asset location investigations, or fraudulent
insurance claims.
Pls work at the request of their clients.
Further, a private investigator or detective is able to work more quietly on sensitive issues
without releasing embarrassing details to the public thereby protecting the privacy of the
client.