CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001

JANUARY-2020
TOPIC: “ROLE OF MAGISTRATE IN INVESTIGATION INTO
CRIMES BY THE POLICE’’
ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE
COURSE TITLED

CRIMINAL LAW-II

PROPOSAL SUBMITTED BY

NAME: RITESH KUMAR

ROLL NO: 1963

SEMESTER: 4th

SESSION: 2018-2023

COURSE: BA.LLB(hons.)

SUBMITTED TO

Ms. Sugandha

FACULTY OF CRIMINAL LAW-II

 INTRODUCTION

Investigation plays a very significant role in criminal offences. Every criminal case begins with
investigation. it is a A duly authorized, systematized, detailed examination or inquiry to
uncover facts and determine the truth of a matter. This may include collecting,
processing, reporting, storing, recording, analyzing, evaluating, producing and disseminating the
authorized information with a view to aid the court in arriving at a just conclusion.

In case of criminal investigation an official effort is done to uncover information about a crime.
There are generally three ways that a person can be brought to justice for a criminal act. First,
and probably the least likely, the individual will be driven by his conscience to immediately
confess. Second, an officer of the law can catch him in the act. Third, and most common, a
criminal investigation can identify him as suspect, after which he may confess or be convicted
by trial. In most cases, when a crime is committed, officials have two primary concerns. They
want to know who committed the crime, and what the motive was.

Sec. 154 of the Code, ensures that the Information related to Cognizable Offences shall be
registered and to be investigated by the Police, in a manner known to Law. In case of non-
cognizable offence the Police Officer can investigate the said offences, only after getting an
order from the Magistrate concerned. Under section 190 of the code of the criminal procedure
the magistrate is empowered to order such an investigation is vested in him who can take
cognizance of the offence under Sec. 190 of the Code of Criminal Procedure. In case if the
Station House Officer U/s. 154(1) & 156(1) Cr.P.C refuses to register the Information related to
a Cognizable offence, the aggrieved can approach the Superintendent of Police in writing and by
post. Even then, if he felt aggrieved, he can very well approach the Jurisdiction Magistrate for a
direction relating to an Investigation by Police U/s. 156(3) Cr.P.C.

The Magistrate while dealing a Complaint filed U/s. 200 Cr.P.C under Chapter XV, empowered
U/s. 202 Cr.P.C to direct an Investigation to be made by a Police Officer or by such other
persons as he thinks fit, for the purpose of deciding whether or not, there is sufficient ground for
proceeding U/s. 200 Cr.P.C.The power U/s.156(3) Cr.P.C. covered in Chapter XII, to direct an
investigation by the police authorities is at the pre-cognizance stage and the power to direct a
similar investigation U/s. 202 Cr.P.C is at the post-cognizance stage. Usually, on receipt of the
Order from Magistrate U/s. 156(3) Cr.P.C, will register an FIR and then proceed with
Investigation. Rather, when he received an order from a Magistrate U/s. 202 Cr.P.C, there need
not be an FIR, prior to investigation. The Investigation U/s. 156 (3) Cr.P.C and Sec. 202 Cr.P.C
are different in nature. The order of Investigation U/s. 156(3) Cr.P.C culminated with a final
Report U/s. 173 Cr.P.C. The Order U/s. 202 Cr.P.C culminates with a Report U/s. 202 Cr.P.C.
The Magistrate on receipt of a complaint is bound to apply his judicial mind and take a decision
as to whether he should take cognizance of the offence under Section 190 of the Code or order
for an investigation under Section 156(3) of the Code or in cases not falling under the proviso to
Section 202, order an investigation by the police which could be in the nature of an enquiry as
contemplated by Section 202 of the Code. The inquiry contemplated under Section 202(1) or
investigation by a police officer or by any other person is only to help the Magistrate to decide
whether or not there is sufficient ground for him to proceed further on account of the fact.

In case when police officer does not register FIR within a period of one week from the date of
receipt of the Magistrate's order, the Magistrate shall initiate prosecution against him under
Section 21 read with Section 44 of the District Police Act before the Chief Metropolitan
Magistrate or the Chief Judicial Magistrate, as the case may be.

Under section 156(3) magistrate has powers to order further investigation in a criminal case even
after it has taken cognizance and issued summons in the matter based on the police chargesheet.

The power to conduct further investigation by the Investigation Officer, is not exhausted with the
filing of final report under Sec. 173(2) Cr.P.C and further investigation can be conducted as and
when necessary and even after the commencement of the trial in the case too. The only condition
prescribed by the code, is that the Investigation Officer ought to obtain further evidence, either
by oral or documentary .There are also much more power available to magistrate regarding
investigation which he can apply at the time of investigation according to various circumstances.
 AIMS AND OBJECTIVES

1. Researcher tends to throw some light on the meaning of the word “investigation”.
2. Researcher tends to highlight on various powers available to magistrate regarding
investigation.
3. Researcher tends to highlight under what circumstances the investigation can be stop by
magistrate.
4. Researcher tends to throw some light on rights of the accused before or during
cognizance.

HYPOTHESIS
The researcher presumes that:

1. The rights of the accused at the time of arrest are protected by the Magistrates
who act as supervisors of the investigation .
2. The magistrate plays a very significant role in ensuring fairness in the
investigation.
3. Through this in any appropriate cases, the victim, complainant or a witness can
approach the court seeking necessary directions to the police and supervision of
investigation.

RESEARCH QUESTIONS

1. What is the meaning of investigation.

2. How magistrate plays a important role in ensuring fairness in the investigation.
3. What are the different rights available to accused before or during cognizance.

RESEARCH METHODOLOGY

The research is based on the doctrinal research methodology .

SOURCES OF DATA
The researcher use both primary as well as the secondary sources to complete this project.
 TENTATIVE CHAPTERZATION

1. Introduction .
2. Legal framework pertaining to investigation.
2.1 further investigation.
2.2 Order of re-investigation.
3. Magisterial interventions while deciding applications for recording of statement u/s 164
of the c.r.p.c.
4. Monitoring of investigation
5. Power to stop the investigation .
6. Conclusion and suggestion.

Bibliography