Investigation by Police

Meaning - As per Section 2(h) of the Code of Criminal Procedure, 1973 “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 authorised by a Magistrate”.

Investigation consists of –

1. Proceeding to the scene of crime

2. Ascertainment of the facts and circumstances of the case

3. Discovery and arrest of the suspected offender

4. Collection of evidence which may consist of

a) The examination of various persons and reducing their statement into writing

b) The search of places or seizure of things considered necessary for the investigation or to be produced at the trial

5. Formation of the opinion as to whether on the materials collected there in a case to place the accused before a magistrate for trial and if so, taking necessary steps for the same by the filing of charge-sheet under section 173.

Powers of police to investigate

Section 154-to-176-chapter XII deals with information to police and their powers to investigation.

Section 154 – Information in cognizable cases

Section 155 – Information as to non-cognizable cases

Section 156 – Police officers’ power to investigate cognizable cases

Section 157 – Procedure for investigation

Section 158 – Procedure for submitting the report

Section 159 – Power to hold investigation on preliminary inquiry

Section 160 – Police officers’ power to require attendance of witnesses

Section 161 – Examination of witnesses by police

Section 162 – Statement to police not to be signed: Use of statements in evidence

Section 163 – No inducement to be offered

Section 164 – Recording of confessions and statements

Section 164 A – Medical examination of victim of rape

Section 165 – Search by police officer

Section 166 – When office in-charge of police station may require another to issue search warrant.

Section 166 A – Letter of request to competent authority for investigation in a country or place outside India

Section 166B – Letter of request from a country or place outside India to a Court or an authority for investigation in India

Section 167 – Procedure when investigation cannot be done in 24 hours

Section 167 A – Procedure on arrest by Magistrate

Section 168 – Report of investigation by subordinate police officer

Section 169 – Release of accused when evident deficient

Section 170 – Cases to be sent to Magistrate when evidence is sufficient

Section 171 – Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint

Section 172 – Diary of proceedings in investigation

Section 173 – Report of police on completion of investigation

Section 174 – Police to inquire and report on suicide, etc

Section 175 – Power to summon person

Section 176 – Inquiry by Magistrate into cause of death

REFERENCES

[1] The Code of Criminal Procedure, 1973