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Police investigation


      By KIRTI SHAH
POLICE OFFICER is anyone working for Indian
police department.



INVESTIGATION is the work of inquiring into
something thoroughly and systematically
CODE OF CRIMINAL PROCEDURE, 1973


CHAPTER XII
  INFORMATION TO THE POLICE AND THEIR
POWERS TO INVESTIGATE

SEC 154------ SEC 176
154.        Information in cognizable cases.
Every information relating to the commission of a cognizable
offence, if given orally to an officer in charge of a police
station, shall be reduced to writing by him or under his
direction, and be read over to the informant; and every such
information, whether given in writing or reduced to writing as
aforesaid, shall be signed by the person giving it, and the
 substance thereof shall be entered in a book to be kept by
such officer in such form as the State Government may
prescribe in this behalf.

Copy to be given free to the informant

If refused to be reported in writing to the
Superintendent of Police
155. Information as to non-cognizable cases
and investigation of such cases.
Shall enter or cause to be entered the substance of the information in
a book to be kept by such officer in such form as the State
Government may prescribe in this behalf, and refer the informant to
the Magistrate.

Order of a Magistrate having power to try such case or
commit the case for trial.

Any police officer receiving such order may exercise the
same powers in respect of the investigation (except the power to
arrest without warrant) .

Two or more offences of which at least one is
cognizable, the case shall be deemed to be a cognizable
case
156 Police officer's power to investigate
   cognizable case.

Any officer in charge of a police station may, without the order of
a Magistrate.

Court having jurisdiction over the local area within the limits of
such station would have power to inquire into

No proceeding of a police officer in any such case shall at
any stage be called in question

Any Magistrate empowered under section 190
157. Procedure for investigation preliminary
inquiry.
If, from information received or otherwise, an officer in charge
of a police station denies.

Shall forthwith send a report of the same to a Magistrate
empowered to take cognizance of such offence

Shall proceed in person, or shall depute one of his subordinate

Proceed, to the spot, to investigate the facts and circumstances of
the case, and, if necessary, to take measures for the
discovery and arrest of the offender
157

Not of a serious nature

No sufficient ground for entering on an investigation

Shall state in his report his reasons for not fully complying
with the requirements

Notify to the informant
158. Report how submitted.
Every report sent to a Magistrate under section 157 shall, if the
State Government so directs, be submitted through such
superior officer of police as the State Government, by general
or 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 the
same without delay to the Magistrate.
159. Power to hold investigation
On receiving such report, may direct an investigation.

Depute any Magistrate Subordinate.

To hold a preliminary inquiry into, or
otherwise to dispose of the case .
160.Police officer's 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 adjoining
station

No male person under the age of fifteen years or
woman shall be required to attend at any place other than the
place in which such male person or woman resides.

Provide for the payment by the police officer of the
reasonable expenses of every person
161. Examination of witnesses by police.
Officer, may examine orally any person supposed to be
acquainted with the facts and circumstances of the case.

Such person shall be bound to answer truly

Other than questions the answers to which would have a tendency
to 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
162. Statements to police not to be signed
No statement shall, if reduced
to writing, be signed by the person making it

Nor shall any part of such statement or record, be used for any
purpose

For the purpose only of explaining
any matter referred to in informants cross-examination.
163.No inducement to be offered.
No police officer shall offer or make, or cause to be offered or
made, any such inducement, threat or promise as is mentioned
in section 24 of the Indian Evidence Act, 1872 .

No police officer shall prevent any statement which informant
may be disposed to make of his own free will .
164.Recording of confessions and statements.

 Any Metropolitan Magistrate or Judicial Magistrate may record
any confession or statement made to him in the course of an
investigation.

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 evidence
against him ; and the Magistrate shall not record any such
confession unless, upon questioning the person making it, he has
reason to believe that it is being made voluntarily.

Any such confession shall be recorded in the
manner provided in section 281.
165.Search by police officer.
Any police officer making an investigation has reasonable
grounds for believing that anything necessary for the purposes of
an investigation may be found in any place with the limits of the
police station

After recording in writing the grounds of his belief and specifying
in such writing, so far as possible, the thing for which search is to
be made, search, or cause search to be made, for such thing in any
place within the limits of such station.
Require any officer subordinate to him to make the
search, and he shall deliver to such subordinate officer an
order in writing,

Search-warrants and the general provisions as to searches
contained in section 100

Copies to be sent to the nearest Magistrate
empowered to take cognizance of the offence
166.When officer in charge of police station may
require 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 in
charge of the police station within the limits of which such place is
situate, and shall also send with such notice a copy of the list

The owner or occupier of the place searched shall, on
application, be furnished free of cost with a copy of any record sent
to the Magistrate under sub-section
166A. Letter of request competent authority
for investigation in a country or place
outside India.

 166B.Letter of request from a country or
place outside India to a Court or an authority
for investigation in India.
167.Procedure when investigation cannot be
completed in twenty four hours.
Whenever any person is arrested and detained in custody
 and it appears that the investigation cannot be completed within
the period of twenty-four hours.

Rank of sub-inspector or above, shall forthwith transmit to the
nearest Judicial Magistrate a copy of the entries in the diary
hereinafter prescribed relating to the case, and shall at the same
time forward the accused to such Magistrate.

Authorise the detention of the accused in such custody as such
Magistrate thinks fit, for a term not exceeding fifteen
days in the whole.
168. Report of investigation by subordinate
police officer.
When any subordinate police officer has made any investigation
under this Chapter, he shall report the result of such
investigation to the officer in charge of the police station.
169.Release of accused when evidence
deficient.
If it appears that there is not sufficient evidence or
 reasonable ground of suspicion to justify the forwarding of
the accused to a Magistrate.

If such person is in custody, release him on his executing a
bond, with or without sureties
170.Cases to be sent to Magistrate, when
evidence is sufficient.
If there is sufficient evidence or reasonable ground as
aforesaid, such officer shall forward the accused under custody to a
Magistrate

Try the accused or commit him for trial, or, if the offence is
bailable and the accused is able to give security

Shall send to such Magistrate any weapon or other article which
it may be necessary the facts and circumstances of the cage as he
may think necessary

If 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 refer
Copy to one of the persons who executed
171.Complainant and witnesses not to be
required to accompany police officer and not
to be subjected to restraint.
Day by day enter his proceedings in the investigation in a
diary, setting forth the time at which the information reached
him, the time at which he began and closed his investigation, the
place or places visited by him, and a statement of the circumstances.

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 agents shall be entitled to
call
 for such diaries
173. Report of police officer on completion of
investigation.
Completed without unnecessary delay.
Shall forward to a Magistrate empowered to take cognizance of
the 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
Where a superior officer of police has been appointed , reports be
submitted through that officer, and he may, pending the orders
of the Magistrate

Along with the report-
      (a) all documents or relevant
(b)the statements-recorded under section 161

If the police officer is of opinion that any part of any such
statement is not relevant he shall indicate that part of the statement
and append a note requesting the Magistrate to exclude

Nothing in this section shall be deemed to preclude further
investigation

If obtains further evidence, oral or documentary, he shall
forward to the Magistrate a further report
174.Police to enquire and report on suicide, etc.
 Information that a person has committed 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, he shall immediately give
intimation thereof to the nearest Executive Magistrate

In the presence of two' or more respectable inhabitants of the
neighbourhood, shall make an investigation, and draw up a report of
the apparent cause of death, describing such
wounds, fractures, bruises, and other marks of injury as may be
found on the body, and stating in what manner, or by what weapon
or instrument (if any); such marks appear to have been inflicted.
The report shall be signed by such police officer and other
persons and forwarded to the District Magistrate or the Sub-
divisional Magistrate.

The case involves suicide/ death of a woman within seven years
of her marriage

Doubt regarding the cause of death/ any other reason considers
it expedient
175.Power to summon persons.
 A police officer proceeding under section 174, may, by
order in writing, summon two or more persons as aforesaid
for the purpose of the said investigation

Every person so summoned shall be bound to attend and to
 answer truly all questions other than questions the answers to
which would have a tendency to expose him to a criminal
charge.

If the facts do not disclose a cognizable offence to which
section 170 applies, such persons shall not be required
by the police officer to attend a Magistrate's Court.
176.Inquiry by Magistrate into cause of death.
When any person dies while in the custody of the police or when
the case is of women within 7 yrs of marriage

The nearest Magistrate- empowered to hold inquests and conduct
the inqury

The Magistrate holding such an inquiry shall record the
evidence

Where an inquiry is to be held under this section, the
 Magistrate shall, wherever practicable, inform the
relatives to be present.
AS FORENSIC PSYCHOLOGIST

Needs the report before any assessment

As it gives details of the case

Used for corroborating facts
(to form questions)

Also to consider any typical behaviour pattern
THANK YOU…..

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Police investigation

  • 1. Police investigation By KIRTI SHAH
  • 2. POLICE OFFICER is anyone working for Indian police department. INVESTIGATION is the work of inquiring into something thoroughly and systematically
  • 3. CODE OF CRIMINAL PROCEDURE, 1973 CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE SEC 154------ SEC 176
  • 4. 154. Information in cognizable cases. Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. Copy to be given free to the informant If refused to be reported in writing to the Superintendent of Police
  • 5. 155. Information as to non-cognizable cases and investigation of such cases. Shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. Order of a Magistrate having power to try such case or commit the case for trial. Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) . Two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case
  • 6. 156 Police officer's power to investigate cognizable case. Any officer in charge of a police station may, without the order of a Magistrate. Court having jurisdiction over the local area within the limits of such station would have power to inquire into No proceeding of a police officer in any such case shall at any stage be called in question Any Magistrate empowered under section 190
  • 7. 157. Procedure for investigation preliminary inquiry. If, from information received or otherwise, an officer in charge of a police station denies. Shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence Shall proceed in person, or shall depute one of his subordinate Proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender
  • 8. 157 Not of a serious nature No sufficient ground for entering on an investigation Shall state in his report his reasons for not fully complying with the requirements Notify to the informant
  • 9. 158. Report how submitted. Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or 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 the same without delay to the Magistrate.
  • 10. 159. Power to hold investigation On receiving such report, may direct an investigation. Depute any Magistrate Subordinate. To hold a preliminary inquiry into, or otherwise to dispose of the case .
  • 11. 160.Police officer's 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 adjoining station No male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides. Provide for the payment by the police officer of the reasonable expenses of every person
  • 12. 161. Examination of witnesses by police. Officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. Such person shall be bound to answer truly Other than questions the answers to which would have a tendency to 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 signed No statement shall, if reduced to writing, be signed by the person making it Nor shall any part of such statement or record, be used for any purpose For the purpose only of explaining any 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 or made, any such inducement, threat or promise as is mentioned in section 24 of the Indian Evidence Act, 1872 . No police officer shall prevent any statement which informant may be disposed to make of his own free will .
  • 15. 164.Recording of confessions and statements. Any Metropolitan Magistrate or Judicial Magistrate may record any confession or statement made to him in the course of an investigation. 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 evidence against him ; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. Any such confession shall be recorded in the manner provided in section 281.
  • 16. 165.Search by police officer. Any police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation may be found in any place with the limits of the police station After recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.
  • 17. Require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, Search-warrants and the general provisions as to searches contained in section 100 Copies to be sent to the nearest Magistrate empowered to take cognizance of the offence
  • 18. 166.When officer in charge of police station may require 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 in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under sub-section
  • 19. 166A. Letter of request competent authority for investigation in a country or place outside India. 166B.Letter of request from a country or place outside India to a Court or an authority for investigation in India.
  • 20. 167.Procedure when investigation cannot be completed in twenty four hours. Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours. Rank of sub-inspector or above, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate. Authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole.
  • 21. 168. Report of investigation by subordinate police officer. When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.
  • 22. 169.Release of accused when evidence deficient. If it appears that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate. If such person is in custody, release him on his executing a bond, with or without sureties
  • 23. 170.Cases to be sent to Magistrate, when evidence is sufficient. If there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate Try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security Shall send to such Magistrate any weapon or other article which it may be necessary the facts and circumstances of the cage as he may think necessary If 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 refer Copy to one of the persons who executed
  • 24. 171.Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. Day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances. 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 agents shall be entitled to call for such diaries
  • 25. 173. Report of police officer on completion of investigation. Completed without unnecessary delay. Shall forward to a Magistrate empowered to take cognizance of the 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 be submitted through that officer, and he may, pending the orders of the Magistrate Along with the report- (a) all documents or relevant (b)the statements-recorded under section 161 If the police officer is of opinion that any part of any such statement is not relevant he shall indicate that part of the statement and append a note requesting the Magistrate to exclude Nothing in this section shall be deemed to preclude further investigation If obtains further evidence, oral or documentary, he shall forward 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 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, he shall immediately give intimation thereof to the nearest Executive Magistrate In the presence of two' or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.
  • 28. The report shall be signed by such police officer and other persons and forwarded to the District Magistrate or the Sub- divisional Magistrate. The case involves suicide/ death of a woman within seven years of her marriage Doubt regarding the cause of death/ any other reason considers it expedient
  • 29. 175.Power to summon persons. A police officer proceeding under section 174, may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation Every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge. If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.
  • 30. 176.Inquiry by Magistrate into cause of death. When any person dies while in the custody of the police or when the case is of women within 7 yrs of marriage The nearest Magistrate- empowered to hold inquests and conduct the inqury The Magistrate holding such an inquiry shall record the evidence Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives to be present.
  • 31. AS FORENSIC PSYCHOLOGIST Needs the report before any assessment As it gives details of the case Used for corroborating facts (to form questions) Also to consider any typical behaviour pattern