Law Centrum
29 May 2022
Meaning - As per Section 2(h) of the Code of Criminal Procedure, 1973 “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”.
Investigation consists of –
1. Proceeding to the scene of crime
2. Ascertainment of the facts and circumstances of the case
3. Discovery and arrest of the suspected offender
4. Collection of evidence which may consist of
a) The examination of various persons and reducing their statement into writing
b) The search of places or seizure of things considered necessary for the investigation or to be produced at the trial
5. Formation of the opinion as to whether on the materials collected there in a case to place the accused before a magistrate for trial and if so, taking necessary steps for the same by the filing of charge-sheet under section 173.
Powers of police to investigate
Section 154-to-176-chapter XII deals with information to police and their powers to investigation.
Section 154 – Information in cognizable cases
Section 155 – Information as to non-cognizable cases
Section 156 – Police officers’ power to investigate cognizable cases
Section 157 – Procedure for investigation
Section 158 – Procedure for submitting the report
Section 159 – Power to hold investigation on preliminary inquiry
Section 160 – Police officers’ power to require attendance of witnesses
Section 161 – Examination of witnesses by police
Section 162 – Statement to police not to be signed: Use of statements in evidence
Section 163 – No inducement to be offered
Section 164 – Recording of confessions and statements
Section 164 A – Medical examination of victim of rape
Section 165 – Search by police officer
Section 166 – When office in-charge of police station may require another to issue search warrant.
Section 166 A – Letter of request to competent authority for investigation in a country or place outside India
Section 166B – Letter of request from a country or place outside India to a Court or an authority for investigation in India
Section 167 – Procedure when investigation cannot be done in 24 hours
Section 167 A – Procedure on arrest by Magistrate
Section 168 – Report of investigation by subordinate police officer
Section 169 – Release of accused when evident deficient
Section 170 – Cases to be sent to Magistrate when evidence is sufficient
Section 171 – Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint
Section 172 – Diary of proceedings in investigation
Section 173 – Report of police on completion of investigation
Section 174 – Police to inquire and report on suicide, etc
Section 175 – Power to summon person
Section 176 – Inquiry by Magistrate into cause of death
REFERENCES
[1] The Code of Criminal Procedure, 1973