Investigation by Police
An investigation is the first step after a crime is committed or information about the commission of an
offence is received by a police officer. The main objective of the investigation is to identify the offender
and bring him to trial so that he can be punished in accordance with the provisions of the Criminal
Procedure Code.
Police officers have the authority to investigate matters that are cognizable under section 156 of the
Code of Criminal Procedure. In non-cognizable cases, the police officer must acquire a warrant pursuant
to section 155(2) of the CrPC in order to conduct an investigation.
Note: Offences under the criminal laws are classified into cognizable and non-cognizable offences:
As per section 2© of CrPC, cognizable offences deal with matters that are heinous in nature when the
facts of the case show the commission of a serious offence that has a deterrent effect on society. The list
of cognizable offences includes serious acts that are punishable by death, life imprisonment, or
imprisonment for a term of not less than three years.
As per section 2(l) of CrPC, non-cognizable offences are criminal offences committed against private
individuals for which arrests can be made only after a warrant is issued by the relevant
courts/magistrates.
Powers of the Police With Respect to Cognizable Offence
Section 156 of the CrPC empowers the police to deal with cognizable offences. The procedure that the
police must follow with respect to cognizable offences are:
When an FIR is filed at the police station, and the offence is cognizable, the police can proceed with an
arrest without waiting for a court warrant.
As soon as the arrest is made, an investigation can begin, and it is only allowed to look at the area under
that police station’s local jurisdiction.
If the information discloses a cognizable offence, the police are obligated to file an FIR. If the crime scene
is outside the police station’s jurisdiction, the concerned officer must register the report and send it to
the police station with jurisdiction.
Powers of Police With Respect to Non-Cognizable Offence
Section 155 of the CrPC deals with information regarding the commission of non-cognizable offences.
Under non-cognizable offences, the police are not permitted to make arrests without a warrant and
initiate an independent investigation without the magistrate’s approval.
As per section 155(2) of the CrPC, the police officer must obtain the magistrate’s permission before
proceeding.
The police officer must document the complaint and direct the complainant to approach the magistrate
with jurisdiction. The investigation can proceed once the magistrate grants permission.
Procedure for Investigation
Section 157 of the CrPC provides the procedure for investigation by police in respect of cognizable
offences.
When a police officer in charge of a police station has grounds to believe that a cognizable offence has
been committed based on the FIR or any other information so received, the investigation of a cognizable
case begins.
As soon as the police officer receives information or has reason to suspect the commission of any
cognizable offence, he is required to notify the magistrate, who has jurisdiction over such cases.
When a police officer receives information that is not of a serious nature, the officer does not need to
proceed in person, and he can delegate some subordinate officer to investigate on the spot. And if there
is no sufficient reason to investigate the case, he shall not investigate it. And shall state in its report the
reasons for failing to comply with the requirements of this section, as well as notify the informant that
he will not investigate or cause the case to be investigated.
Sending a Police Report to the Magistrate
A report is sent to the magistrate, which is called the police report. A superior police officer sends it to
notify the magistrate that a police officer is investigating a specific case. The primary objective of
submitting a report is to allow the magistrate to control the investigation and issue directions as required
by section 159 of the CrPC.
Without any delay, the report must be delivered to the magistrate. It was decided in the case of Swati
Ram vs the State of Rajasthan that a simple delay in providing the report did not nullify the prosecution’s
case entirely.
Search by Police Officer
Under section 165 of the CrPC, a police officer conducting an investigation has the authority to search
any place within the local limits of the police station of which he is in charge of or to which he is attached
where he reasonably believes he will find anything necessary for the purpose of the investigation being
conducted by him, without obtaining a search warrant.
The officer conducting the investigation is obliged to conduct the search in person, but if that is not
possible, they can give written permission to any subordinate officer to do so by stating the object for
which the search is necessary as well as the location of the search.
