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

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.