Investigation (Section 2 (h) )

“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

Elements of investigation, H. N. Rishbud And Inder Singh vs The State Of Delhi, 1955 SCR (1)1150

King- Emperor v. Khawaja Nazir Ahmed, AIR 1945 PC 18

King- Emperor v. Khawaja Nazir Ahmed, AIR 1945 PC 18

First Information Report (Section 154)

First Information Report (Section 154)

videographedvideographed

Section 164 as soon as possible.

Section 164 as soon as possible.

• Station house diary is the day to day register of complaints/information received.

• A map of the jurisdictional area, and important details such as educational institutions, water tanks, water bodies, banks and places of worship.

• A list of known depredators (KDs), or criminals, in the area, along with other believed anti-social elements,prostitutes and gamblers.

• A list of people who could identify the KDs if the need arose, together with a list of known criminal associates, especially people who deal in buying stolen goods.

• A document describing the modus operandi of already prosecuted criminals and habitual offenders.

• Serious unsolved crimes in the jurisdictional area.• Serious unsolved crimes in adjoining police areas.

• Police diary which is kept by the investigation officer.

• General diary is the what are information received with respect to all the cases what has done, history of case etc.

• Daily diary is a continuation of case diary.• Case diary is the total compendium

information relates to the criminal case which includes the FIR, charge sheet, witnesses statement, the carbon copies of all the statements, certificates, and the day to day activities and orders and developments case till judgement, until conclusion of appeal.

Objective• Emperor v.Khwaza Nazir Ahmad AIR 1945 PC 18

cited in• Lalita Kumari vs Govt.Of U.P.& Ors, (2012) 4

SCC1The purpose of F.I.R• i)To reduce the substance of information

disclosing commission of a cognizable offence, if given orally, into writing

• ii) if given in writing to have it signed by the complainant

• iii) to maintain record of receipt of information as regards commission of cognizable offences

• iv) to initiate investigation on receipt of information as regards commission of cognizable offence

• v) to inform Magistrate forthwith of the factum of the information received.

Statutory duty of a police to lodge F.I.R

• Lalita Kumari vs Govt.Of U.P.& Ors., 2013 AIR SCW 6386

1.Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

2. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

3. If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.

4. The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence

5. The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.

6. As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: a) Matrimonial disputes/ family disputes b) Commercial offences c) Medical negligence cases d) Corruption cases e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay.

• The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.

7. While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry.

8. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.

Rumours…Vague informationPattad Amarappa v. State of

Karnataka, 1990 SCC (Cri) 179Evidentiary ValueBijoy Singh & Anr v. State of Bihar,

AIR 2002 SC 1949Telephonic lodging of F.I.RTapinder Singh v. State Of Punjab,

1971 SCR (1) 599Death of person lodging F.I.RHarkirat Singh v. State of Punjab,

AIR 1997 SC 3231

Delay in lodging F.I.RState of U.P v. Nahar SinghState of Himachal Pradesh v Shree

kant ShekariAIR 2004SC4404Investigation by C.B.IHemant Dhasmana v. Central Bureau

of Investigation, (2001)7SCC536Importance of InvestigationKrishna Mochi v. State of Bihar, AIR

2002 SC 1965

Correction of date by magistrateS.Kaur v. Baldev Singh, AIR 1999 SC 1581Discrepancy in statement in F.I.R and Witness

boxJang Singh v. State of Rajasthan, (2001)9 SCC704Failure to mention injuries on accusedDharminder v. State of H.P, (2002) 7 SCC

488Two FIRs in respect of same caseKari choudhary v Sita devi, AIR 2002 SC 441

Entry in General DiarySuperintendent of Police, CBI v. Tapan

Kumar Singh, 2003 Cr.L.J 2322 (SC)JurisdictionSatvinder Kaur v. State of Delhi, AIR 1999

SC 3596Writ petition for direction for registration

of FIRK.Karunakaran v. State of Kerela, 2000

Cr.L.J 2278 (SC)Petition for quashing of FIRT. Vengama Naidu v. T. Dora Swamy Naidu,

(2007) 12 SCC 93

FIR Interested witnessesState of U.P v. Jagdeo & others, AIR 2003 SC 660FIR as Dying Declaration Dharam Pal & others v. State of U.P, AIR 2008

SC 920Omission of name of witnessesChittarlal v. State of Rajasthan, AIR 2003 SC

2595Omission of name of accusedMohanchand v. State of Uttarakhand, AIR2009

SC 1896ContradictionAsharam and others v. State of M.P, AIR 2007 SC

2595

reasons

reasons

reasons 

reasons 

forthwith notify to the informant

forthwith notify to the informant

Ranbir & others v. State of Punjab, AIR 1973 SC

1409.

Ranbir & others v. State of Punjab, AIR 1973 SC

1409.

Raghunandan v. State Of U.P, AIR 1974 SC 463

Raghunandan v. State Of U.P, AIR 1974 SC 463

Lokeman shah &

another v. State of

West Bengal,

AIR 2001 SC 1760

Lokeman shah &

another v. State of

West Bengal,

AIR 2001 SC 1760

section

281 

section

281 signed

signed

“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.

(Signed) A.B. Magistrate”.

“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.

(Signed) A.B. Magistrate”.

Person making

confession

Person making

confession

(2) The registered medical practitioner, to whom such woman is sent shall, without delay, examine her and prepare a report of his examination giving the following particulars, namely:- Name and address of the woman and of the

person by whom she was brought; Age of the woman; Description of material taken from the person

of the woman for DNA profiling; Marks of injury, if any, on the person of the

woman; General mental condition of the woman; and Other material particulars in reasonable

detail.

• (3) Report shall state precisely the reasons for each conclusion arrived at.

• (4) Report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained.

• (5) The exact time of commencement and completion of the examination shall also be noted in the report.

• (6) The registered medical practitioner shall, without delay forward the report to the investigation officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.

• (7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.

Narinder Singh Dograh v. State of Punjab, AIR 2004

SC 1686

Procedure when investigation cannot Procedure when investigation cannot be completed in 24 hours - be completed in 24 hours - Section Section

167167

CBI Delhi v. Anupam J. Kulkarni, AIR 1992 SC 1768

• Provided that-• Otherwise than in the custody of the

police, beyond the period of fifteen days,• If he is satisfied that adequate grounds

exist for doing so,• But no Magistrate

Shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding-

(i) 90 days

Where the investigation relates to an offence Punishable with death, Imprisonment for life or Imprisonment for a term of not less than ten years

(ii) 60 days

Where the investigation relates to any other offence

Uday Mohanlal Acharya v. State of Maharashtra, AIR 2001 SC 1910

 Narendra Kumar Amin v CBI, 2015 (1) SCALE 427

Uday Mohanlal Acharya v. State of Maharashtra, AIR 2001 SC 1910

 Narendra Kumar Amin v CBI, 2015 (1) SCALE 427

Procedure when Investigation cannot Procedure when Investigation cannot be completed in 24 hours - be completed in 24 hours - Section Section

167167

Procedure when investigation cannot Procedure when investigation cannot be completed in 24 hours - be completed in 24 hours - Section Section

167167

Procedure when investigation cannot Procedure when investigation cannot be completed in 24 hours - be completed in 24 hours - Section Section

167167

Procedure when investigation cannot Procedure when investigation cannot be completed in 24 hours - be completed in 24 hours - Section Section

167167

Procedure when investigation cannot Procedure when investigation cannot be completed in 24 hours - be completed in 24 hours - Section Section

167167

Phanindra Nath Maity

v. State of

West Bengal,

1996 Cr.L.J 590 (Cal)

Phanindra Nath Maity

v. State of

West Bengal,

1996 Cr.L.J 590 (Cal)

Nirmal Kanti Roy

v. State of

West Bengal,

AIR 1998 SC 2322

Nirmal Kanti Roy

v. State of

West Bengal,

AIR 1998 SC 2322

State of West Bengal v. Falguni Dutta and another (1993) 3 SCC 288

State of West Bengal v. Falguni Dutta and another (1993) 3 SCC 288

R. Sarala v. T.S Velu, AIR 2000 SC 1731

R. Sarala v. T.S Velu, AIR 2000 SC 1731

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

Section 170 – Cont…

Section 171: Complainant & witnesses not to be required to accompany police officer &

not to be subjected to restraint

Section 172: Diary of Proceedings in

Investigation

Bhagwant Singh v Commissioner of Police, AIR 1983 SC 826

Bhagwant Singh v Commissioner of Police, AIR 1983 SC 826

Sec. 173. Report of police officer on completion of investigation

Sec. 173

Sec. 173Report submitted through superior officer of

the police Discharge of such bondAll documents or relevant extracts thereof on

which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

Statements recorded U/Sec. 161 of all the persons whom the prosecution proposes to examine as its witnesses.

Non disclosure of fact to accused in public interest

He may furnish to the accused copies of all or any of the documents 

Further investigation

CasesUnion Public Service Commission v

S Papaiah, AIR 1997 SC 3876State of Bihar v Chandra Bhushan

Singh, AIR 2001 SC 429State of AP v A.S Peter, AIR 2008 SC

1052

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

•

Officer in charge of a police station or some other police officer specially

empowered by the State Government

Receives information 

 Suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence

 Suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence

Executive Magistrate

empowered to hold inquests

Executive Magistrate

empowered to hold inquests

State Governmen

t

State Governmen

t

General or

Special order

General or

Special order

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

Podda Narayan v. State

of A.P. AIR

1975 SC

1252

Podda Narayan v. State

of A.P. AIR

1975 SC

1252

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

doubt

doubt

Medical examination

by civil surgeon

District Magistrate or Sub-divisional

Magistrate and any other Executive

Magistrate specially

District Magistrate or Sub-divisional

Magistrate and any other Executive

Magistrate speciallyPower to summon persons

Section 175Power to summon persons

Section 175

Inquiry by Magistrate into cause of death.

Section 176