Investigation

Definition
• 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. [S.4(1)]
• Investigation is the other name of collection of
evidence in respect of the crime in question.
• Investigation includes all proceedings under the
CrPC for the collection of evidence conducted by
Police Officer.
 Duration
• S.61- 24 hours
• S.167(1)- Where investigation is not completed
within 24 hours
• S.167(5)- 180 days
• S.173(1)- shall be completed without
unnecessary delay
• Regulation 261(c) of PRB- 15 days
 Details-Chapter XIV
• Investigation in non-cognizable offence :
• The police officer shall not investigate non-
cognizable offence without the permission /order
of 1st /2nd class Magistrate. [S.155(2)]
• Without permission is illegal [ Abdul Gaffar
Munshi and others Vs.The State: 35DLR 76]
• Incase of investigation in cognizable offence the
I/O will have the similar power as of the O/C of
the thana.
• Police can investigate cognizable offence
without the permission of the Magistrate.
[S.156(1)]
• No question shall be raised with regard to such
investigation by the police. .[S.156(2)]
• When a complaint is filed to the Magistrate, he
may order for investigation to the police. Police
enjoys unfettered right in question of
investigation of cognizable offence. .[S.156(3)]
 • Power of the Investigating Officer
• A) Power to summon and examine
witness:
• Police officer while investigating shall
summon witnesses under section 160 of
the Code of Criminal Procedure and take
evidence of the witnesses according to
the provisions of section 161 and record
statements of every witness separately.
• The police officer is required to submit report in
the court under section 173 on the basis evidence
of the witnesses and other materials as well as
circumstances. Such report is submitted in the
Court either as charge sheet or as final report.
• Power of search and seizure:
• Sections 165 and 166 of the Code of Criminal
Procedure have empowered the police to search
during investigation and after searching police
shall prepare a list of goods found which is called
Seizure List.
• Power to arrest the accused and submit him
before the Court:
• Police can arrest a person under section 167
and keep him under his custody. If the
investigation cannot be completed within 24
hours then the officer-in-charge of the police
station or investigating officer shall send the
accused to the nearest Magistrate court.
• Power to arrest the complainant and witnesses:
• Police can arrest and investigate unruly
complainant or witnesses.
• Power to submit report on completion of
investigation:
• According to section 172 the investigating officer
shall document his progress of investigation into
his case diary. Once the investigation is complete
he is to submit report without any delay as per the
requirements of section 173 of Cr.P.C. This report
may be of two types: either a charge sheet or final
report.
 Case Diary:
• It is important for both the court and prosecution
authority.
• It gives a pen picture of facts, circumstances and
other activities of the officer in respect of a crime
and also his findings.
• Law- S.172 of the CrPC
• S.172- Every police officers making an
investigastion under this chapter shall day by
day enter his proceedings in the investigation
in a diary setting forth (1) the time at which the
information reached him (2) the time at which
he began and closed his investigation (3) the
place/s visited by him and (4) a statement of
the circumstances ascertained through his
investigation.
• Any criminal court may send for the police
diaries of a case under inquiry or trial in such
court and may use such diaries , not as
evidence in the case, but to aid it in such
inquiry or trial.Neither the accused nor his
agent s shall be entitled to call for such diaries,
nor shall he or they be entitled to see them
merely because they are referred to by the
court: but if they are used by the police officer
who made them,
• to refresh his memory or if the court uses them
for the purpose of contradicting such police
officers, the provision of the Evidence
Act,1872, S.145/161 as the case may be ,shall
apply.
• Regulation 263
• Confidential report of panchayat or president or
member of union parishad cannot be disclosed.
• In case of search in house etc. name of the
witnesses
• Every step
• Every clue
• Statements of witnesses shall not be recorded in
diary; only their names
• Instruction of writing case diary : Regulation 264 of
PRB and B.P form no.38
 Stages of Police Investigation
• Proceeding to the spot
• Ascertainment of fact and circumstances(S.156)
• Discovery and arrest of suspected offender
(S.157&54)
• Examination of witnesses (S.161)
• Search of places and seizure of things
(S.165&103)
• Police Remand (S.167)
• Confessional statement of the
accused/statement of the victim/witness
[S.164&364]
• Preparation and collection of sketch map,
inquest report, post-mortem report, medical
report and other reports.
• Submission of Police Report
• Charge Sheet (S.170)
• Final Report (S.169 & rule 275 of PRB)
• Submission of Police Report (S.173)
 Proceeding to the spot
• Also called as place of occurrence (P/O) visit
• Regulation 255 – No officer below the rank of SI shall
be employed in the investigation of criminal case .
• Regulation 258- after dispatching a FIR
• - He shall himself proceed to the spot to investigate
the facts and circumstances of the case or depute a
sub-ordinate not below the rank of ASI [S.157(1)]
• If necessary arrest the accused [S.157(1)]
• Where offence is not of a serious nature and
information is given against any person by
name,there, proceeding to the spot is not necessary.
[S.157(1) Proviso (a)]
 Preparing sketch map
• Regulation 273 :
• Sketch map to be accompany charge sheet
• A map or plan shall always accompany the
charge sheet in cases of – Murder, Dacoity,
Serious Riot, Mail Robbery, Highway Robbery,
Extensive Burglary or theft etc.
• Maps will not be required in cases other than
those mentioned above but the I/O may at his
discretion prepare and send up a map in any
other case.
 Rules regarding map
• The map shall be prepared at as early a stage of
the investigation as possible.
• Should be prepared in scale
• The number of the case and the name of the
accused shall be given at the top of the map and
the signature of the person who prepared at the
foot.
• Sketch map should be prepared in a page.
• Should use additional page for explanations and
the positions of eye witnesses.
• Buildings, trees, roads, paths, entrances ,exits,
doors, tangible points connected with the case
such as blood stains, foot prints, cloth and corpse
etc. Should be identified identically by using letters
(A,B,C etc.)
• Position of eye witnesses and his distance of
watching should be mentioned by numbers.
• Draftsman may be used. If used, taking the
signature of draftsman mentioning his name as
witness in the charge sheet is mandatory.
 Examination of witnesses
• May examine orally any person supposed to be
acquainted with the facts and circumstances of the
case.[S.161]
• May examine orally ‘any person’ (accused) and may
also reduced into writing .If he does so he shall make
a separate record of the statement, of each such
person whose statement he records.[S.161]
• This statement or confessional statement shall not be
signed by the person making it and also shall not be
used for any purpose at any iquiry or trial in respect of
any offence under investigation at the time when such
statement was made [S.162]
• This confession cannot be proved against the
accused viewing the S.24 of the Evidence
Act,1872.But,where any alamats were recovered
and seized from the information of accused; that
might be proved against the accused.
• Verification of confession – Regulation 283
• Police officers power to require attendance of
witnesses [S.160]
• Binding down witnesses:- S.170(2),Regulation
269 (P.R Bond).
• Police may arrest a witnesses u/s.171(1)
• Arrest of the Accused :
• By following Sections 54,55,57,128,151,401(3),&
Regulation 316
• Search ,Seizure & Examination of alamats :
• S.102,103,165,& 166 of CrPC
• S.103 will apply when the search is to be made for
the purpose of recovery of documents or any
other movable property or for the discovery of any
person wrongfully confined .
• S.165 relates to search made by police officers
while making any investigation.
• The I/O may require seizure of alamats for the
purpose of collecting evidence in a case and naturally,
before such seizure, a search is to be made. But 165(4)
does not provide that provisions of S.103 shall be
applicable in to to. It provides that the provisions of
S.103 shall , so far as may be apply to a search made
under this section.
• Where to examine : Seizing alamats (articles, finger
prints, arms, blood stained apparels, mud
handwriting, currency notes etc.) and sending those
to the experts.
• Search and Seizur list : B.P form no.44(Bengal form
no.5276) Regulation 280 .Must take signature of the
witnesses.
• Disposing seized goods :
• Chapter 43 of the Code (S.516A-525)
• Chapter 12 of CrRO (Rule 205-214)
 Confession
• Law :
• S.164 & 364 of CrPC
• Rules 78 & 79 of CrRO
• S.24-30 of the Evidence Act,1872
 What is confession ?
• The term “Confession” has not been expressly
defined in any statute; this term finds mentioned
in the Code of Criminal Procedure and the
Evidence Act.
• According to the dictionary meaning confession is
“an acknowledgement of offence”.
• Confession is an admission made at any time by a
person charged with a crime stating or suggesting
the inference that he committed a crime[ Stephen
in his Digest of the Law of Evidence]
• Confession is a species of admission.
• Confession is a statement which is a direct
acknowledgement of guilt and does not include
merely inculpatory admission which falls short of
being admission of guilt.
• No statement containing self-exculpatory matter
could amount to confession, if the exculpatory
statement was of some fact, which if true, could
negative the offence alleged to be confessed.[Lord
Atkin in AIR 1939 PC 47(52)]
• “A confession must either admit in terms of the
offence, or at any rate substantially all the facts
which constitute the offence”.[State Vs. Lalu Miah
and another, 39 DLR(AD) 117 ]
• Confessional statement alone can form the
basis of conviction against its maker and, in
appropriate cases, it lends assurance to the
other substantive evidence as against other co-
accused tried jointly for the same offence.
• Types of confessional statements:
 Confessional statements are of two kinds-
• Judicial Confession and
• Extra-Judicial Confession.
• A judicial confession is made to and recorded by
a competent Magistrate in accordance with the
provisions of sections 164 and 364 of the Code
of Criminal Procedure.
• The extra judicial confession may be of two
categories- one is made to any person or group
of persons other than Magistrate or police and
another is made to the police in the form of
information leading to recovery of some
weapon or article of offence etc. (section 27of
the Evidence Act).
• For the purpose of evaluation, confessions are
termed as-
•  a) Inculpatory Confession,
• b) Exculpatory Confession,
• c) Voluntary/ Involuntary Confession,
• d) Confession containing True/ Partly True/
Partly False Statement,
• e) Voluntary but not true confession.
• f) Retracted Confession (meaning thereby
submitting petition for retraction or challenging
its voluntary character during examination under
section 342, Cr.P.C.),
 Who can record?
•  Any Metropolitan Magistrate, any Magistrate of
the first class and any Magistrate of the second
class specially empowered in this behalf by the
Government may record the confessional
statement (Judicial Confession). The Magistrate
need not have jurisdiction to try or handle the
relevant case.
• Extra-Judicial Confession may be recorded by any
person capable of recording. Even it may be oral
statement.
• Who can make?
•  Any accused may make confessional statement.
Also juvenile offender (the term ‘accused’ should
not be used in case of ‘juvenile offender’) may
make the confessional statement. But special
precaution is required in case of juvenile offender.
• A deaf and dumb person may make confessional
statement by signs. But special care is required in
recording the statement of such person. It is
unsafe to record such statement except with the
aid of a person capable of understanding the exact
meaning of signs of such person.
• Where to record?
•  Confessional statement should not be recorded in
the jail and should ordinarily be recorded in the
court during court hours. Even it may be recorded
in the chamber of the Magistrate.
• Wherein to record?
•  The confessional statement should be recorded in
prescribed Form (M-84) but for dearth of Form,
plain paper may be used. Also plain paper may be
annexed in case of lengthy statement.
• Legal requirements for recording the confessional
statement:
•  Recording of confessional statement is a matter
not only of form but also of substance. The
recording Magistrate should make his real
endeavour for ascertaining that the accused is
making the statement voluntarily and should
record the confessional statement by strictly
following the provisions of sections 164 and 364
Cr. P.C.
 The requirements of section 364 of the CrPC
•  (a) The whole of the examination of an accused,
including every question put to him and every answer
given by him, shall be recorded in full, in the language
in which he is examined, or, if that is not practicable,
in the language of the court or in English.
•  (b) Such record shall be shown or read over to the
confessing accused, or, if he does not understand the
language in which it is written, shall be interpreted to
him in a language which he understands.
• (c) The accused shall be at liberty to explain or add to
his answers.
• (d) When the whole is made conformable to what
he declares is the truth, the record shall be signed
by the accused and the Magistrate.
• (e) In cases in which the examination of the
accused is not recorded by the Magistrate himself,
he shall be bound, as the examination proceeds, to
make a memorandum thereof in the language of
the court, or in English, if he is sufficiently
acquainted with the latter language; and such
memorandum shall be written and signed by the
Magistrate or Judge with his own hand, and shall
be annexed to the record.
• If the Magistrate or Judge is unable to make a
memorandum as above required, he shall record
the reason of such inability.
 Evidentiary Value
• Will be supplied later
 Inquest Report [S.174]
• S.174 of CrPC & PRB 294
• When the O/C of a police station or such other
officer empowered by the Government receives
any information that a person has committed
suicide or has been killed by another or by an
animal or by an accident or has died under
circumstances raising reasonable suspicion that
someone has committed an offence, the officer by
submitting a First Information form starts an U.D
case and after giving information to the nearest
executive Magistrate proceeds to the place
where the dead body is lying.
• He is required to hold an investigation ,draw up a
report of the apparent cause of the death describing
the nature and marks of injuries found on the dead
body stating what weapons or instruments were used
to inflict such injuries.
• Inquest should be made in presence of two person
and also have to take their signature in the report.
Where deceased is a woman, such examination
should be made by a lady police officer and in front of
woman present therein.
• I/O may take some pictures of the deceased .Name of
the deceased, address, age, profession, identification
marks,significant change in the body due to injuries or
any other cause, apparels with mark of blood etc.
should be mentioned in the report.
• After doing so , concerned I/O will depute one of his
constable with two sepoys and send the body to the
hospital for post-mortem examination by a forensic
medicine expert and also will fill up B.P form
no.49(Regulation 304 of PRB).
• Post-Mortem [Regulation 304-307 of PRB]
• Post-mortem examination is done by a forensic expert
according to the direction of civil surgeons. At least
three doctors will sign in the report including the civil
surgeons .Concerned doctor will collect the relevant
part from the body of the deceased for viscera
examination .After completion of examination ,
concerned investigating officer may seize the apparels
of the deceased for DNA examination.
• Post Mortem report shall be prepared in
triplicate by the pen-carbon process (regulation
306) B.P form no. 50 and Bengal form no.5372.