CrPC

PROJECT

TOPIC:
Investigation and steps involved

BY-
AYUSH AGRAWAL
B.A. LLB. (HONS)
8TH SEMESTER
REGULAR
ROLL NO. 16
 TABLE OF CONTENTS

1. Introduction

2. FIR

3. Procedure for Investigation

4. Steps involved in investigation

5. Conclusion

6. Bibliography
Introduction

There are three stages in a criminal justice system, they are Investigation, Inquiry and Trial. The first and
foremost stage is the stage of Investigation. For investigation to kick start there should be some crime, any
act which is punishable under the Indian Penal Code or any other legal statute as passed by the Indian
Parliament shall be termed as Crime. The term Investigation has been defined under Section 2 (h) of the
Code of Criminal Procedure (CrPC),1973 as “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.

The essential elements of investigation under this provision are:

1. It must be in the form of a process and not merely one act such as recording the complaint.
2. The intention of investigation should be to collect evidence.
3. Investigation can be conducted by Police or a private person but not by a Magistrate.

In the case of H.N.Rishbud and Inder Singh vs. The State Of Delhi1, the Supreme Court has opined that an
investigation, in a practical sense, generally comprises of:

 Proceeding to the scene of the offence.

 Verification and establishment of the facts of the case and the circumstances under which it took
place.
 Sifting of materials to accumulate the evidence related to the commission of the offence.
 Formation of opinion, i.e. concluding whether, on the basis of the material and information heaped
up, the suspects are the real culprits and if satisfies, prepare the final report for the Magistrate.

Objective of Investigation

 To collect the evidence

 To proceed where the offence was completed
 To record the statements of the people acquainted with the facts and the circumstances of the case.

1
1955 AIR 196
FIR

FIR means ‘First Information Report.’ FIR is the first document prepared in criminal proceedings. FIR is a
document that places on record the victim's side of the story. FIR acts as a tool on which police authorities
base and start their investigations. Hence, it is pretty clear that an FIR plays a vital role in criminal
proceedings. FIR is the document which puts the criminal enforcement machinery in motion. The term FIR is
mentioned in the CrPC but it can be deduced from Section 154 of the CrPC, which reads as follows:

Section 154. Information in cognizable cases.

(1)  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.

(2) A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the
informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the
information referred to in subsection (1) may send the substance of such information, in writing and by post,
to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of
a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any
police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the
powers of an officer in charge of the police station in relation to that offence.

According to Section 154, it is clear that FIR can be registered in cognizable offences only. Cognizable
crimes are those offenses in which a police officer can arrest an accused without a warrant. Due to the nature
of gravity involved in the offences, police authorities can arrest without a warrant under CrPC. The
classification of cognizable and non-cognizable offences is furnished under the first schedule of CrPC.
Who can file an FIR

Anyone who has information about the commission of a cognizable offense can lodge an FIR. It is not
necessary that he/she should be the victim or eye-witness himself. A police officer can lodge an FIR on his
own if he comes to know about the Commission of a cognizable offence. In Hallu & Ors. vs. the State of
M.P2, it was held that “Section 154 does not require that the Report must be given by a person who has
personal knowledge of the incident reported. The section speaks of information relating to the commission of
a cognizable offense given to an officer in charge of a police station.”

Procedure of filing FIR

The procedure of filing an FIR is prescribed in Section 154. The Constitution Bench in Lalita Kumari vs.
Government of Uttar Pradesh3 held that registration of FIR is a mandatory action which needs to be taken
under Section 154 of the CrPC.

 When information about the commission of a cognizable offence is given orally, the police must write
it down.
 It is one’s right as a person giving information or making a complaint to demand that the information
recorded by the police is read over.
 Once the information has been recorded by the police it must be signed by the person giving the
information.
 One must always ask for a copy of the FIR, if the police does not give it, it is one’s right to get it free
of cost.

Alternate Remedies when Police does not register FIR

It is a common practice that the police does not generally registers the FIR due to numerous reasons such as
the case does not fall within their jurisdiction, deals with an offense which is non-cognizable in nature or it is
outside their legal capacity to take cognizance of such an offense. The applicant may take the help of
alternate remedies as illustrated by the Supreme Court in the case of Sakiri Vasu vs. State of U.P4 and others

Under section 154(3) CrPC – When an informant’s right to register an FIR is refused, he/she can approach
the Superintendent of Police and submit the substance of such information in writing by post. If the

2
1974 SC 1936
3
2014 2 SCC 1
4
2008 2 SCC 409
Superintendent of Police is satisfied that such information discloses the commission of a cognizable offense
then, he might investigate the case himself or direct an investigation to be made by any police officer
subordinate to him.

Under section 156(3), read with section 190 CrPC – If an informant remains unsatisfied even after
pursuing the remedy under section 154(3), he/she can further pursue the remedy mentioned  under section
156(3) read with section 190 CrPC.

Section 190. Cognizance of offences by Magistrates.

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the
second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence-
(a) Upon receiving a complaint of facts which constitute such offence;
(b) Upon a police report of such facts;
(c) Upon information received from any person other than a police officer, or upon his own knowledge, that
such offence has been committed.
(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under
sub- section (1) of such offences as are within his competence to inquire into or try.

Under section 200 CrPC – A complaint can be submitted to the magistrate orally or in writing under section
200 of the CrPC. After the submission of a complaint, the magistrate will conduct a hearing, deciding upon
the issue of cognizance. In this channel, the complainant and the witnesses thereof are examined on oath in
front of the magistrate.

Failure in lodging of FIR by public servants in certain cases is punishable under Section 166A(c) of the
Indian Penal Code. For this failure minimum punishment is 6 months rigorous imprisonment and the
maximum punishment is 2 years.

Procedure for Investigation

The procedure for investigation has been elucidated in Section 157 of the CrPC which as follows

Section 157. Procedure for investigation preliminary inquiry.

(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect
the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith
send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report
and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the
State Government may, by general or special order, prescribe in this behalf, to 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; Provided that-

(a) when information as to the commission of any such offence is given against any person by name and the
case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a
subordinate officer to make an investigation on the spot;

(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an
investigation, he shall not investigate the case.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub- section (1), the officer in
charge of the police station shall state in his report his reasons for not fully complying with the requirements
of that sub- section, and, in the case mentioned in clause (b) of the said proviso, the officer shall also
forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the
fact that he will not investigate the case or cause it to be investigated.

Investigation effectively means, according to the s. 157 CrPC, that the filing of FIR causes the initiation of
the process of investigation. Though ordinarily investigation is undertaken by a police officer on information,
the receipt of information is not a pre-condition or condition precedent for investigation. It can be initiated
either on information or otherwise.6 The recording of the first information in normal circumstances as
prescribed u/s. 154 of the CrPC or where it is at the instance of the appropriate magistrate in regard to a
complaint case u/s. 156(3) or directed by a Magistrate for the purpose of deciding whether there is sufficient
ground for proceeding u/s. 202(1) or even in relation to non-cognizable case u/s. 155(3) CrPC or directed by
a Magistrate u/s. 159 in a case which may have been reported by the police as not worth investigating. Thus
the commencement of the process of investigation is subject to two conditions:
 the police officer should have the reason to suspect the commission of a cognizable offence and
 it has to satisfy itself, subjectively, as to the existence of sufficient grounds for embarking on
investigation

Section 156 of the CrPC illustrates the police’s power to investigate in cognizable cases, it reads as follows
Section 156. Police officer's power to investigate cognizable case.

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any
cognizable case which a Court having jurisdiction over the local area within the limits of such station would
have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground
that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.

Sending a report to the Magistrate

The report which is sent to the magistrate is defined as the police report. It is forwarded by the Police Officer
to the Magistrate. This is the preliminary report which acquaints the Magistrate that the police officer shall be
investigating that particular case. Section 158 of the Code of Criminal Procedure talks about the submission
of the report to the Magistrate.

Section 158. Report how submitted

(1) 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.

(2) Such superior officer may give such instructions to the 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.
The main object of sending the report to the Magistrate is to make him aware of the investigation process of
the cognizable offence. It is done so that the Magistrate is able to control the investigation process and give
any directions under Section 159 of the Code of Criminal Procedure if necessary. The directions were the
instructions given to the Police Officer for conducting the investigation.
Section 159 Power to hold investigation or preliminary inquiry

Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once proceed, or
depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to
dispose of, the case in the manner provided in this Code.

Report to be sent without any delay

The report needs to be sent to the magistrate without any delay. In Nalli v. State5, the Madras High Court had to acquit
a person accused of murder on the grounds that an “unexplained” and “inordinate” delay was there in dispatching the
first information report to the Magistrate.

The report has to be sent in a reasonable amount of time. The use of the term “forthwith” in Section 157(1) was
explained by the Supreme Court in Alla China Apparao v. State of Andhra Pradesh6: The expression forthwith would
undoubtedly mean within a reasonable time and without unreasonable day. If any delay is being caused in sending the
report, it should be explained properly citing the reasons for the same.

Steps involved in investigation

Order of investigation by the Magistrate

Under Section 159 of the Code, the Magistrate has been given the powers to direct an investigation into the case. If on
receiving the report, the Magistrate thinks fit that it is necessary to conduct an investigation, he shall direct a
subordinate magistrate to conduct a preliminary inquiry.

The magistrate can also off the case in the manner provided by the Code if sufficient grounds are not present.

However, the Magistrate has not been empowered to stop an investigation, after the commencement of the same.
In S.N. Sharma v. Bipen Kumar Tiwari7, it was held by the Supreme Court that the Magistrate has no power to stop
the investigation and direct magisterial inquiry.

Case Diaries

The investigating officer is required by law to keep a record of the proceedings of the investigation in a diary
in narrative form that should be made with promptness in sufficient details mentioning all significant facts on
careful chronological order and with complete objectivity which may have a bearing on the result of the case.

5
1993 Cri LJ 1409
6
2002 (2) ALD Criminal 789 SC
7
1970 AIR 786
Haphazard maintenance of a case diary not only does no credit to those responsible for maintaining it but
defeats the very purpose for which it is required to be maintained.

Spot Visit

Section 157 (1) CrPC and rules 158 and 161 of the Orissa Police Manual directs the police "to proceed to the
spot ..." for conducting investigation into the case, on the receipt of information to that effect. It was
observed that contrary to the said provision, and as also discussed in the earlier chapter on the general police
action on the receipt of information, preliminary enquiry is generally a prelude to the process of dealing with
a complaint. Thus 'spot visit' takes place irrespective of the necessity for investigation in the formal sense of
policework ss. 156 or 157 CrPC.

Collection of Evidence

The collection of evidence involves various steps that comprise the crucial task of investigation work. The
object is to collect all available forms of evidence, physical, documentary and circumstantial, that are
necessary for a comprehensive presentation of the same with regard to successful and effective prosecution
of the case.
Evidence includes recording of statements, collection of every material or substance used or taken away, that
is associated with the commission of the offence. Physical evidence also comprises of finger prints, blood,
semen, etc., besides those like the instrument used in a case of homicide or suicide. Documentary evidence
includes testimonials as statements of all concerned in a case as also records that exist in paper or in other
forms, like electronic-based.31 Circumstantial evidence is that when all the facts that are collected in the
course of the investigation can be so chronicled in an orderly fashion as to determine the circumstances under
which the offence was committed or the incident took place.

Attendance of Witnesses

The police officer who is pursuing the investigation is empowered to require the attendance of the witnesses.
The witnesses shall be such who are acquainted with the facts and circumstances of the case. The powers
have been conferred under Section 160 of the Code.
Section 160. Police officer's power to require attendance of witnesses.

(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the
attendance before himself of any person being within the limits of his own or any adjoining station who, from
the information given or otherwise, appears to be acquainted with the facts and circumstances of the case;
and such person shall attend as so required: Provided that 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.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of
the reasonable expenses of every person, attending under sub- section (1) at any place other than his
residence.
The section only requires the attendance of the witnesses and furnishing of relevant information about them.
The police officer cannot insist upon the witnesses for the production of documents before him. The order
which requires the attendance of a person needs to be in written form.

Examination of Witnesses

The most crucial part of the investigation lies in the examination of witnesses. The statement made by them
can hold a person guilty. The police officer who is investigating the case has been empowered to conduct
witness examination. The witnesses are bound to answer the questions which are related to the case truly.

Section 161 lays down the procedure for the examination of witnesses by the police. The investigating officer
shall examine the persons who are acquainted with the facts of the case. It is the duty of the investigating
officer to record the statements of the eyewitnesses without any delay. After examining the witnesses, it is
required by the police officer to write down the statement made by the witness.

Section 161. Examination of witnesses by police.

(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank
as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of
such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of
the case.
(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer,
other than questions the answers to which would have a tendency to expose him to a criminal charge or to a
penalty or forfeiture.
(3) The police officer may reduce into writing any statement made to him in the course of an examination
under this section; and if he does so, he shall make a separate and true record of the statement of each such
person whose statement he records.
There should be no delay on the part of the police officer investigating the case in examining the witnesses.
In the event of a delay of the examination of the witness, the onus lies on the investigating officer for
explaining the reasons for the delay. Whereas, when the delay has been properly explained, it does not have
any adverse impact upon the probative value of a particular witness.

Recording of the statement

Section 164 of the Code envisages the provisions for the recording of statements in the presence of a
Magistrate. The confession has to be recorded in the course of the investigation. No confession shall be
recorded by a police officer.

Section 164. Recording of confessions and statements.

(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case,
record any confession or statement made to him in the course of an investigation under this Chapter or under
any other law for the time being in force, or at any time afterwards before the commencement of the inquiry
or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate
has been conferred under any law for the time being in force.
(2) 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.

(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he
is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police
custody.

(4) Any such confession shall be recorded in the manner provided in section 281 for recording the
examination of an accused person and shall be signed by the person making the confession; and the
Magistrate shall make a memorandum at the foot of such record to the following effect:-" I have explained to
(name) that he is not bound to make a confession and that, if he does so, any confession he may make may be
used as evidence against him and I believe that this confession was voluntarily made. It was taken in my
presence and hearing, and was read over to the person making it and admitted by him to be correct, and it
contains a full and true account of the statement made by him.
(Signed) A. B. Magistrate"
.
(5) Any statement (other than a confession) made under sub- section (1) shall be recorded in such manner
hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the
circumstances of the case; and the Magistrate shall have power to administer oath to the person whose
statement is so recorded.
(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by
whom the case is to be inquired into or tried.

Warning to the accused making the confession

Before recording the confession, it has to be explained to the person making the confession that he is not bound to
make a confession. And, if he does so, it can be used as evidence against him as well. The statement made by a person
should be recorded with his consent and voluntarily. It is a statutory obligation which is imposed by the Code on the
Magistrate to make the accused aware of his rights. Also, a person cannot be kept in custody if before recording the
statement, he states that he does not want to do so.

Recording the statement when the Magistrate does not have jurisdiction

The Magistrate may record a statement of the witness even if he does not have jurisdiction in the case. The Magistrate
who recorded this confession shall forward the same to the Magistrate by whom the case is to be inquired, according to
Section 164(6) of the CrPC. The authority of recording confessions is exclusively vested with the Judicial Magistrate
under the Code.

The investigation includes all the procedures which are done by the police officer under the Code for the collection of
evidence. The investigation may be conducted by a police officer and not the Magistrate. The Magistrate can also
authorize any other person to conduct the investigation on his behalf.

Three types of reports are required to be prepared at three different stages of investigation are as follows.

(1)  A preliminary report from the officer-in-charge of a police station to the Magistrate under Section 157.

(2) Section 168 requires the submission of a report from a subordinate officer to the officer-in-charge of the station
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.

(3) Section 173 requires a final report to be submitted to the Magistrate as soon as the investigation is completed.

Section 173. Report of police officer on completion of investigation.

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate
empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State
Government, stating-
(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 170.
(ii) The officer shall also communicate, In such manner as may be prescribed by the State Government, the
action taken by him, to the person, if any, by whom the information relating to the commission of the offence
was first given.

(3) Where a superior officer of police has been appointed under section 158, the report shall, in any case in
which the State Government by general or special order so directs, be submitted through that officer, and he
may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further
investigation,

(4) Whenever it appears from a report forwarded under this section that the accused has been released on his
bond, the Magistrate shall make such order- for the discharge of such bond or otherwise as he thinks fit.

(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to
the Magistrate along with the report-
(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those
already sent to the Magistrate during investigation;
(b) the statements- recorded under section 161 of all the persons whom the prosecution proposes to examine
as its witnesses.

(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject- matter
of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is
inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the
Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for
making such request.

(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused
copies of all or any of the documents referred to in sub- section (5).

(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a
report under sub- section (2) has been forwarded to the Magistrate and, where upon such investigation, the
officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the
Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of
sub- sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in
relation to a report forwarded under sub- section (2).

The report under section 173 is called as the “Completion Report”. Also known as the “charge sheet”.
Sending such a report is extremely necessary and mandatory.

In the report, the officer also needs to communicate the action which shall be taken by him. The final report
will be of two kinds:

(1)  Closure Report

(2)  Charge Sheet/Final Report

Closure Report

Closure report is the one in which it is stated that there is not enough evidence to prove that the offence has
been committed by the accused. Once the closure report is filed before the Magistrate, he may accept and the
report the case as closed, direct a further investigation into the case, issue a notice to the first informant as he
is the only person who can challenge the report or he may directly reject the closure and take cognizance of
the case.

The report under Section 169 of the Code can be referred to as the Closure Report.

Charge Sheet

A charge sheet is a final report prepared by the investigating officer in furtherance of proving the accusation
of the crime committed. It enumerates upon the elements of the offence and also the details of the complete
investigation of the Police authorities and the charges against the accused. It envisages the facts in brief, a
copy of the First Information Report, all the statements recorded under section 161 and section 164, list of
the witnesses, list of seizure and other pieces of evidence collected by the investigating agency during the
investigation.

It is on the basis of the charge sheet that the Magistrate frames the charges against the accused.

A charge sheet is different from the First Information Report (FIR). A charge sheet describes how a crime
has been committed.
Conclusion

The investigation process involved in criminal cases is extremely thorough. It involves a lot of procedures
which need to be followed with due diligence. One mistake, and it can lead to the acquittal of an offender.
The police leave no stones unturned while investigating the case. The investigation starts from the
cognizance of the offence to the filing of the report under section 173 before the Magistrate. The guilty will
get convicted after his Trial gets over and the Court finds proof that he committed the offence.

Bibliography

 https://blog.ipleaders.in/procedure-investigation-criminal-cases/
 http://www.mondaq.com/india/crime/691420/criminal-investigation-for-trial
 http://www.legalserviceindia.com/legal/article-432-the-journey-of-a-criminal-case-from-
investigation-to-trial.html
 https://indiankanoon.org/
 https://www.legalbites.in/meaning-and-purpose-of-investigation/