Investigation:
What is investigation?
Section 2(h) of the CrPC:
“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 authorized by a Magistrate in this
behalf”
Investigation include: (Key ingredients of Investigation)
1. Recording of FIR and sending of FIR to Court
2. Examination of witnesses (S160 of CrPC) and summoning of documents (S 91 CrPC)
3. Recording of confessions/ statements before magistrate (S 164 CrPC)
4. Examination of the crime scene
5. Inquest proceedings under Section 174 CrpC
6. Forensic examination/ post mortem/ expert’s witnesses
7. Medical examination of the accused persons/prosecutrix
8. Arrest
9. Recovery
10. Search and seizure
11. In doubtful cases there can be preliminary investigation before an FIR is registered.
12. At the conclusion of the investigation, the investigating agency is to submit either a closure
report (S 169 CrPC) or a police report/ chargesheet (S 173 CrPC)
13. NOTE: The investigation of a case punishable with death, imprisonment for life or a term of not
less than 10yrs, is to be completed within a period of 90 days from the date of arrest of the
accused person, or in case of any other offence, within 60days from the date of arrest. If the
Chargesheet not been filled within this period, the person may be released on bail.
The investigation of an offence consists of:
1. proceeding to the place of offence (visit the spot for ascertaining facts and circumstances S 157)
2. ascertainment of the facts and circumstances of the case
3. discovery and arrest of the suspected offender
4. collection of evidence relating to the commission of the offence which may consist:
(a) Examination of various persons including the accused, reduction of their statements into
writing if the police officer thinks fit (examination of witness and accused S 160 & S 161)
(b) The search of places or seizure of things considered necessary for the investigation or trial
5. Formation of the opinion as to whether on the materials collected, there is a case to place the
accused before a Magistrate for trial, if so, taking the necessary steps for the same by the filing
of a charge-sheet (challan) u/s 173
Investigation of an offence= discovery of facts and circumstances +inquest by police or magistrate+
examination of witnesses & accused+ recording of statement of witness or confessional statement of
the accused by the magistrate+ recording of statement of witnesses by police+ arrest of the suspected
offender +search of places + seizure of things considered necessary for investigation+ formation of
opinion and filing police report to the magistrate (S173)
Investigation of cognizable offence is the primary duty of the police officer.
Is there any difference between inquiry and investigation?
Chapter XII of Criminal Procedure Code indicates the provisions relating to “Information to the Police
and their power to Investigate”.
The criminal law is set into motion when a cognizable offence is reported to police u/s 154 CrPC and
police action is completed when the police report (charge sheet or final report) has been submitted to
the court u/s 173 CrPC after completion of investigation.
Investigation is defined in Section 2 (h) and the procedure has been described in Section 157 CrPC.
POLICE WHEN TO INVESTIGATE:
The principle agency for carrying out investigation of offences is the police, and the police can proceed
to investigate:
1. On the information received from any person – as to the commission of- any cognizable offence,
or
2. Even without any information - but if he have reason to suspect the commission of any
cognizable offence
3. On receiving any order (to investigate) from any judicial magistrate empowered to take
cognizance of any offence u/s 190.
During investigation the following to be ascertained:
1. Whether any offence has been committed
2. The place where it is committed
3. Who has committed the offence and what is the motive of the crime
4. What is the evidence available against the accused
5. Whether the evidence is sufficient to bring home the charge against him.
Under Section 156 of the CrPC- empowers a police officer to investigate a cognizable case without
orders of a magistrate. As per Section 157 CrPC- to dicover if any offence has been committed by any
known or unknown culprits.
Is Investigation a Continuous Process?
Investigation consist of - collection of evidence against the culprit + arrest of offender+ submission of
police report u/s 173 of the CrPC (the process ends)
Refusal of investigation:
Section 157 (a) CrPC indicate that: if an offence which is not serious in nature and if reported to police
and the officer in charge feels that there is ‘no sufficient ground’ for investigation he shall not visit the
spot or depute a sub-ordinate to visit the spot and investigate the matter.
The officer- in-charge shall inform the magistrate for refusal of the investigation mentioning the grounds
through Superiors u/s 158 CrPC.
Does the informant need to be informed about the reasons for not entering investigation?
The informant should also be informed about the reasons for not entering investigation.
The Magistrate may direct an investigation or depute a magistrate to spot to hold inquiry or otherwise
disposed u/s 159 of CrPC.
Is there a duty to inform and assist?
Every person should report to the authorities if he has any information as to the commission of any
offence (it is not a legal duty).
Stages of Investigation:
The investigation implies collection of evidences which are admissible in a court of law during the trial of
a case. Such evidences are generally collected from two sources i.e, 1. Persons and 2. Things (physical
evidence)
Evidence from persons-
1. Victim 2. Witness and 3. Accused
Evidence- Physical would be:
1. Accidently (materials like blood, hair, fibres, foot prints, dust, smell etc.)
2. Deliberately(weapons and tools used, properties of the victim used, properties of the offender
used in the crime scene and abandoned, documents)
Physical evidence mostly relate to transfer of materials i.e, from victim to offender and vice-
versa and from scene of crime to offender and victim.
Information to the Police:
1) In respect of Cognizable Offences
2) In respect of Non Cognizable offences
The information as recorded under Section 154 is usually known and referred to as the First
Information Report (FIR). The FIR need not contain every detail of the case.
Duty of a police to register FIR: the provisions of Section 154 is mandatory. Hence, the Police Officer
concerned is duty bound to register the case on receiving the information relating to a cognizable case.
Whether the information provided is genuine or credible is not checked while registering the FIR, it is
considered after the registration of the FIR.
It is the right of a complainant to get a copy of FIR free of cost, immediately from concerned police
station. FIR can registered either on written statement or verbal statement of complainant which is later
reduced in writing by police officer and is signed by the complainant. If the complaint does not disclose
any offence or complaint discloses only non-cognizable offences, then FIR cannot be registered.
Are any kind of fee or charges to be paid to police for registration of FIR?
No, fee or money for registering the FIR and subsequently investigation. If anybody in the police station
makes such a demand, a complaint should immediately be made to the senior police officer in charge. It
is mandatory on the part of police to provide a copy of the FIR, free of cost to the complainant.
Is it an offence to register/ lodge false FIR?
Yes, lodging a false FIR is punishable under IPC. Such an informant/ complainant can be proceeded
against under Section 182 IPC or under Section 211 of IPC by Police. Private person against whom false
FIR/ complaint has been lodged can also file complaint in the court for the offence of defamation.
Object of FIR?(to set investigation machinery in action)
Essentials of FIR:
1. Information should be on commission of cognizable offence
2. The information to be given to the officer in charge of a police station empowered to record an
information under Section 154 of CrPC.
3. It should be on the earliest report relating to the commission of a crime with a view to taking
action
4. It must be in writing or reduced in writing (if oral) signed by the informant
5. The information reduced in writing must be read out to the informant
6. The substance of the information should be entered in a book called Station Diary or General
Diary
