Police investigation

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  • 1. Police investigationBy KIRTI SHAH

2. POLICE OFFICER is anyone working for Indianpolice department.INVESTIGATION is the work of inquiring intosomething thoroughly and systematically 3. CODE OF CRIMINAL PROCEDURE, 1973CHAPTER XIIINFORMATION TO THE POLICE AND THEIRPOWERS TO INVESTIGATESEC 154------ SEC 176 4. 154.Information in cognizable cases.Every information relating to the commission of a cognizableoffence, if given orally to an officer in charge of a policestation, shall be reduced to writing by him or under hisdirection, and be read over to the informant; and every suchinformation, whether given in writing or reduced to writing asaforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept bysuch officer in such form as the State Government mayprescribe in this behalf.Copy to be given free to the informantIf refused to be reported in writing to theSuperintendent of Police 5. 155. Information as to non-cognizable casesand investigation of such cases.Shall enter or cause to be entered the substance of the information ina book to be kept by such officer in such form as the StateGovernment may prescribe in this behalf, and refer the informant tothe Magistrate.Order of a Magistrate having power to try such case orcommit the case for trial.Any police officer receiving such order may exercise thesame powers in respect of the investigation (except the power toarrest without warrant) .Two or more offences of which at least one iscognizable, the case shall be deemed to be a cognizablecase 6. 156 Police officers power to investigate cognizable case.Any officer in charge of a police station may, without the order ofa Magistrate.Court having jurisdiction over the local area within the limits ofsuch station would have power to inquire intoNo proceeding of a police officer in any such case shall atany stage be called in questionAny Magistrate empowered under section 190 7. 157. Procedure for investigation preliminaryinquiry.If, from information received or otherwise, an officer in chargeof a police station denies.Shall forthwith send a report of the same to a Magistrateempowered to take cognizance of such offenceShall proceed in person, or shall depute one of his subordinateProceed, to the spot, to investigate the facts and circumstances ofthe case, and, if necessary, to take measures for thediscovery and arrest of the offender 8. 157Not of a serious natureNo sufficient ground for entering on an investigationShall state in his report his reasons for not fully complyingwith the requirementsNotify to the informant 9. 158. Report how submitted.Every report sent to a Magistrate under section 157 shall, if theState Government so directs, be submitted through suchsuperior officer of police as the State Government, by generalor special order, appoints in that behalf. Officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit thesame without delay to the Magistrate. 10. 159. Power to hold investigationOn receiving such report, may direct an investigation.Depute any Magistrate Subordinate.To hold a preliminary inquiry into, orotherwise to dispose of the case . 11. 160.Police officers power to require attendance of witnesses.In writing, require the attendance before himself of any person being within the limits of his own or any adjoiningstationNo male person under the age of fifteen years orwoman shall be required to attend at any place other than theplace in which such male person or woman resides.Provide for the payment by the police officer of thereasonable expenses of every person 12. 161. Examination of witnesses by police.Officer, may examine orally any person supposed to beacquainted with the facts and circumstances of the case.Such person shall be bound to answer trulyOther than questions the answers to which would have a tendencyto expose him to a criminal charge or to a penalty or forfeiture.May reduce into writing ,He shall make a separate and true record of the statement 13. 162. Statements to police not to be signedNo statement shall, if reducedto writing, be signed by the person making itNor shall any part of such statement or record, be used for anypurposeFor the purpose only of explainingany matter referred to in informants cross-examination. 14. 163.No inducement to be offered.No police officer shall offer or make, or cause to be offered ormade, any such inducement, threat or promise as is mentionedin section 24 of the Indian Evidence Act, 1872 .No police officer shall prevent any statement which informantmay be disposed to make of his own free will . 15. 164.Recording of confessions and statements. Any Metropolitan Magistrate or Judicial Magistrate may recordany confession or statement made to him in the course of aninvestigation.The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidenceagainst him ; and the Magistrate shall not record any suchconfession unless, upon questioning the person making it, he hasreason to believe that it is being made voluntarily.Any such confession shall be recorded in themanner provided in section 281. 16. 165.Search by police officer.Any police officer making an investigation has reasonablegrounds for believing that anything necessary for the purposes ofan investigation may be found in any place with the limits of thepolice stationAfter recording in writing the grounds of his belief and specifyingin such writing, so far as possible, the thing for which search is tobe made, search, or cause search to be made, for such thing in anyplace within the limits of such station. 17. Require any officer subordinate to him to make thesearch, and he shall deliver to such subordinate officer anorder in writing,Search-warrants and the general provisions as to searchescontained in section 100Copies to be sent to the nearest Magistrateempowered to take cognizance of the offence 18. 166.When officer in charge of police station mayrequire another to issue search warrant.Such officer, shall forward the thing found,if any.Officer conducting a search send notice of the search to the officer incharge of the police station within the limits of which such place issituate, and shall also send with such notice a copy of the listThe owner or occupier of the place searched shall, onapplication, be furnished free of cost with a copy of any record sentto the Magistrate under sub-section 19. 166A. Letter of request competent authorityfor investigation in a country or placeoutside India. 166B.Letter of request from a country orplace outside India to a Court or an authorityfor investigation in India. 20. 167.Procedure when investigation cannot becompleted in twenty four hours.Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed withinthe period of twenty-four hours.Rank of sub-inspector or above, shall forthwith transmit to thenearest Judicial Magistrate a copy of the entries in the diaryhereinafter prescribed relating to the case, and shall at the sametime forward the accused to such Magistrate.Authorise the detention of the accused in such custody as suchMagistrate thinks fit, for a term not exceeding fifteendays in the whole. 21. 168. Report of investigation by subordinatepolice officer.When any subordinate police officer has made any investigationunder this Chapter, he shall report the result of suchinvestigation to the officer in charge of the police station. 22. 169.Release of accused when evidencedeficient.If it appears that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding ofthe accused to a Magistrate.If such person is in custody, release him on his executing abond, with or without sureties 23. 170.Cases to be sent to Magistrate, whenevidence is sufficient.If there is sufficient evidence or reasonable ground asaforesaid, such officer shall forward the accused under custody to aMagistrateTry the accused or commit him for trial, or, if the offence isbailable and the accused is able to give securityShall send to such Magistrate any weapon or other article whichit may be necessary the facts and circumstances of the cage as hemay think necessaryIf the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may referCopy to one of the persons who executed 24. 171.Complainant and witnesses not to berequired to accompany police officer and notto be subjected to restraint.Day by day enter his proceedings in the investigation in adiary, setting forth the time at which the information reachedhim, the time at which he began and closed his investigation, theplace or places visited by him, and a statement of the circumstances.Any Criminal Court may send for the police diaries of a caseunder inquiry or trial in such Court, and may use such diaries, not asevidence in the case, but to aid it in such inquiry or trial.Neither the accused nor his agents shall be entitled tocall for such diaries 25. 173. Report of police officer on completion ofinvestigation.Completed without unnecessary delay.Shall forward to a Magistrate empowered to take cognizance ofthe offence(a) the names of the parties; (b) the nature of the information; (c)the names of the persons who appear to be acquainted with the circumstances of the case; (d)whether any offence appears to have been committed and, if so,by whom ; (e) whether the accused has been arrested; (f) whether he has been released on his bond and, if so, weather with or without sureties; (g) whether he has been forwarded in custody under section 26. Where a superior officer of police has been appointed , reports besubmitted through that officer, and he may, pending the ordersof the MagistrateAlong with the report-(a) all documents or relevant(b)the statements-recorded under section 161If the police officer is of opinion that any part of any suchstatement is not relevant he shall indicate that part of the statementand append a note requesting the Magistrate to excludeNothing in this section shall be deemed to preclude furtherinvestigationIf obtains further evidence, oral or documentary, he shallforward to the Magistrate a further report 27. 174.Police to enquire and report on suicide, etc. Information that a person has committed suicide, or has been killedby another or by an animal or by machinery or by an accident, or hasdied under circumstances raising a reasonable suspicion that someother person has committed an offence, he shall immediately giveintimation thereof to the nearest Executive MagistrateIn the presence of two or more respectable inhabitants of theneighbourhood, shall make an investigation, and draw up a report ofthe apparent cause of death, describing suchwounds, fractures, bruises, and other marks of injury as may befound on the body, and stating in what manner, or by what weaponor instrument (if any); such marks appear to have been inflicted. 28. The report shall be signed by such police officer and otherpersons and forwarded to the District Magistrate or the Sub-divisional Magistrate.The case involves suicide/ death of a woman within seven yearsof her marriageDoubt regarding the cause of death/ any other reason considersit expedient 29. 175.Power to summon persons. A police officer proceeding under section 174, may, byorder in writing, summon two or more persons as aforesaidfor the purpose of the said investigationEvery person so summoned shall be bound to attend and to answer truly all questions other than questions the answers towhich would have a tendency to expose him to a criminalcharge.If the facts do not disclose a cognizable offence to whichsection 170 applies, such persons shall not be requiredby the police officer to attend a Magistrates Court. 30. 176.Inquiry by Magistrate into cause of death.When any person dies while in the custody of the police or whenthe case is of women within 7 yrs of marriageThe nearest Magistrate- empowered to hold inquests and conductthe inquryThe Magistrate holding such an inquiry shall record theevidenceWhere an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform therelatives to be present. 31. AS FORENSIC PSYCHOLOGISTNeeds the report before any assessmentAs it gives details of the caseUsed for corroborating facts(to form questions)Also to consider any typical behaviour pattern 32. THANK YOU..