Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART VII

Update: 2022-11-21 07:01 GMT

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A1. INVESTIGATION BY THE POLICE – Part VIIQ.31 Should the Magistrate to whom the FIR is forwarded by the SHO under Section 157 Cr.P.C., bound to note the date and time of receipt of the FIR ? Ans. Yes, particularly in heinous crimes like murder etc. (Vide para 8 of Bijoy Singh v. State of Bihar (2002) 9 SCC 147 = AIR 2002 SC 1949 – R. P. Sethi, D. M. Dharmadhikari - JJ).Q.32 ...

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A1. INVESTIGATION BY THE POLICE – Part VII

Q.31 Should the Magistrate to whom the FIR is forwarded by the SHO under Section 157 Cr.P.C., bound to note the date and time of receipt of the FIR ?

Ans. Yes, particularly in heinous crimes like murder etc. (Vide para 8 of Bijoy Singh v. State of Bihar (2002) 9 SCC 147 = AIR 2002 SC 1949 – R. P. Sethi, D. M. Dharmadhikari - JJ).

Q.32 What is investigation?

Ans. Section 2 (h) if the Code of Criminal Procedure, 1973 ("Cr.P.C." for short) defines the expression "investigation" as under:-

"(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 authorised by a Magistrate in this behalf".

Investigation ends with the formation of an opinion as to whether on the materials collected, there is a case to place the accused before a Magistrate for trial and if so, taking the necessary steps for the same by the filing of a charge-sheet under Section 173 Cr.P.C. (Vide para 11 of Union of India v. Prakash P. Hinduja (2003) 6 SCC 195 = AIR 2003 SC 2612 – S. Rajendra Babu, G. P. Mathur - JJ).

Investigation is only a preliminary step for gathering or collecting evidence. (Vide Major G.S. Sodhi v. Union of India (1991) 2 SCC 382 = AIR 1991 SC 1617 – S.Ratnavel Pandian, K. Jayachandra Reddy – JJ).

Q.33 What is the object of investigation ?

Ans. The ultimate object of every investigation is to find out whether the offences alleged have been committed and if so, who committed them. (Vide para 11 of Kari Chaudhary v. Sita Devi (2002) 1 SCC 714 = AIR 2002 SC 441 – K. T. Thomas, S. N. Phukan – JJ ).

Q.34 Is "investigation" confined to investigation conducted by the Police only ?

Ans. No. The word "investigation" cannot be limited only to Police investigation, but on the other hand, the said word has a wider connotation and is so flexible as to include investigation carried on by any agency whether he be a Police Officer or empowered or authorised Officer or a person not being a Police Officer, acting under the direction of a Magistrate to make an investigation and vested with the power of investigation. (Vide para 115 of Directorate of Enforcement v. Deepak Mahajan (1994) 3 SCC 440 = AIR 1994 SC 1775 - S. Ratnavel Pandian, K. Jayachandra Reddy - JJ.).

Q.35 What are the statutorily enumerated powers of investigation of an SHO under the Cr.P.C. ?

Ans.

Sl.No.	S E C T I O N S	P U R P O S E
1.	4(1) & (2)	Same procedure under the Cr.P.C. to be adopted for "investigation" of offences under the Indian Penal Code and other laws (subject to any departure made by such other laws.
2.	36	Chapter IV – Part A. Power of superior Police Officers to investigate an offence.
3.	41 to 60 and 60A	Chapter V – Provisions pertaining to arrest of persons during investigation.
4.	91 to 105 102	*Chapter VII – Provisions pertaining to "search and seizure"* during investigation. Power to seize property and forthwith report to Magistrate.**
5.	154	*Information in "cognizable cases". (FIR)*
6.	155	*Information as to "non-cognizable cases"* and investigation of such cases.**
7.	156	Police officer's power to investigate cognizable case.
8.	157	Procedure for investigation.
9.	158	Report under Section 157 to the Magistrate to be submitted through designated superior officer.
10.	160	Police Officer's power to require attendance of persons acquainted with the facts and circumstances of the case.
11.	161	Examination by the Police of persons acquainted with the facts and circumstances of the case.
12.	162	Statements to Police not to be signed and the extent of user of such statements in evidence.
13.	163	*No inducement, threat or promise* to be offered by the Police Officer.**
14.	164 (1) to (5) 164 (5-A) (a) 164 (5-A) (b)	Recording of "confessions" of accused and "statements" *(other than confession)* of persons by Magistrate. *Compulsory recording of "statements"* by Magistrate of victims of certain specified erotic offences.** Statement so recorded of a person who is "temporarily **or permanently mentally or physically disabled", to be treated as examination-in- chief under Section 137 of the Evidence Act.**
15.	164 A	Medical examination of a rape victim.
16.	165	Search by an SHO during investigation either directly or through a subordinate officer.
17.	166	Request by the SHO to the SHO of another Police Station to issue search warrant.
18.	166 A	Letterogatory for investigation in a country or place outside India.
19.	166 B	Letterogatory from a country or place outside India to a Court or authority for investigation in India.
20.	167	Procedure to be followed when investigation cannot be completed in 24 hours.
21.	168	Report of the result of investigation by a subordinate Police Officer to the SHO.
22.	169	When the investigation does not produce sufficient evidence or reasonable ground to forward the accused for trial, SHO to release the accused on his executing bond.
23.	170	When the investigation has produced sufficient evidence or reasonable ground to forward the accused or commit him for trial, the SHO to forward the accused to the Magistrate after taking security from the accused for his due appearance.
24.	171	Complainant and witnesses on their way to any Court not to be required to accompany Police Officer and not to be subjected to any restraint.
25.	172	Diary of proceedings in investigation (i.e. Police diary or case diary). This is not the General Diary which is maintained under Section 44 of the Police Act, 1861.
26.	173	*Submission of "Police Report" before the Magistrate upon completion of investigation.*
27.	174 and 175	*Investigation including "inquest"* into suicide or other cases of unnatural death.**