Open Access Research Article
INVESTIGATION BY POLICE: SPECIAL EMPHASIS ON RE-INVESTIGATION AND FURTHER INVESTIGATION
Published Paper
Article Details
INVESTIGATION BY POLICE: SPECIAL
EMPHASIS ON RE-INVESTIGATION AND FURTHER INVESTIGATION
AUTHORED BY - RIYA TRIVEDI1
& AAROHI SANKLAN2
1LL.M (CRIMINAL LAW), AMITY UNIVERSITY, NOIDA
2LL.M (CRIMINAL LAW), AMITY UNIVERSITY, NOIDA
ABSTRACT
The purpose of this paper is to look
at the provisions related to the investigation under Indian laws and to
discover the procedural aspect of the topic. This paper specially emphasized on
Investigation by police, re-investigation and further investigation and
decisions held by the Apex Court in that regard. In criminal law, the
investigation plays vital role and it is mandatory to understand how it works
in the Indian legal system. This paper also emphasized the theoretical and
practical approach to the investigation in Indian context.
Keywords: Criminal Procedure, Investigation,
Re-Investigation, criminal justice system
1.
INVESTIGATION
An investigation is an important
fragment of criminal procedure. When police receive information of the
commission of an offence then first step would be the investigation. The
purpose is simply to identify the offender and proceed him for trial so as to ascertain
relevant facets of the crime including evidences and to serve the offender with
punishment. Investigation is such process which enables the authority to
justify the act as a criminal one. It is undisputed that the criminal offences
are classified as cognizable and non-cognizable offences and the procedure for
such offences are different as provided under the Code of Criminal Procedure,
1973. By perusing the relevant provisions under CrPC, 1973 it is clear that the
police cannot investigate the non-cognizable offences without any permission or
warrant of the Magistrate whereas if the offence is of cognizable nature, then
police may investigate without obtaining any permission from the Magistrate of
Competent jurisdiction. Such reasoning between the procedures for cognizable
and non-cognizable offences is paramount to the existing legal system.
The term Investigation is defined
under the Section 2(h) of the CrPC, 1973 which states that “investigation
includes all the proceedings under this code for the collection of evidence
conducted by a police officer or by any person (other than Magistrate) who is
authorized by a Magistrate in this behalf.”
2.
CONCEPT OF INVESTIGATION
The concept is based on two separate
procedures for investigating the offence under criminal law which may be
enlisted as under:
1. The procedure to investigate the
cognizable offences
2. The procedure to investigate the
non-cognizable offences.
It is also imperative to say that it
may occur to investigative authorities that the crime is consists of both
cognizable and non-cognizable offence. In such a case, the crime will be termed
as cognizable offence. To further distinction between the two, it is submitted
that the cognizable offences are of serious nature and non-cognizable offences
are of non-serious nature comparatively. To make no mistake, the procedure for
both is not contemplated in detail but it has been mandated by the provisions
of CrPC, 1973 that the police have to obtain prior permission or warrant from
the Magistrate of the Competent Jurisdiction in respect of the non-cognizable
offence whereas there is no need to obtain such sanction from the Magistrate in
case of cognizable offences. After the investigation police needs to make a
report and submit it to the Magistrate in both the cases. Such report is the
findings of their investigation and the basis of such report is the
investigation only. Therefore, without any investigation the report will be of
no base and it will more likely to become ineffective due to uncertainty.
The cognizable offence is defined
under Section 2(C) of the CrPC 1973 and non-cognizable offence is defined under
Section 2(I) of CrPC 1973.
It is equally important to know how
and what enables the police to investigate the offences under the relevant provisions
of CrPC, 1973.
There is a provision which deals with
‘Information to the Police Officer’ under Section 154 of CrPC which titles as
“Information in cognizable cases”. As per the aforesaid provision, the
information must be given by informant to officer in charge of the police
station in writing or must be reduced in writing by the officer in charge of
the police station. The written information needs to be signed by the informant
and read over to the informant. This information is also known as First
Information Report or FIR. Subsequently to the receiving of the information,
police officer shall start his investigation. Power of police to investigate is
given under the provision of Section 156 of CrPC, 1973. Further the procedure
of investigation is given under the provision of Section 157 of CrPC, 1973.
The investigation of the cognizable
offence begins when a police officer in charge of police station has reason to
suspect the commission of the cognizable offence on the basis of the FIR or any
other information so received. The officer shall then proceed in person or
shall depute one of his subordinate officers to the spot for investigation of
facts and circumstances of the case and if required, measures for the discovery
and arrest of the person shall be taken. If no sufficient ground exists for
entering into investigation, he shall not investigate the case and shall state
in its report for not complying with the requirements of the provision and
notify the informant that the case cannot be investigated due to such reasons.
At different stages of the
investigation, police required to submit different reports to the Magistrate.
Purpose of forwarding the report to the Magistrate is to enable him of being
aware that a particular case is investigated and to control and give directions
if required to the police officer under the provision of Section 159 of CrPC
1973.
3.
DIFFERENT REPORTS UNDER CrPC, 1973.
The different reports can be
enumerated as under:
i.
Section
157 Report requires the officer in charge of the police station to submit a
report to the magistrate which is known as Preliminary Report or Occurrence
Report.
ii.
Section
168 Report requires the subordinate officer to submit a report to officer in
charge of police station.
iii.
Section
169 Report requires the police officer to submit the report against the accused
that no evidence or reasonable grounds for suspicion are found. This report is
also known as Closure Report.
iv.
Section
173 Report requires that a Final Report is to be submitted as after the investigation
gets over.
v.
Section
173(8) Report requires a police officer to submit Supplementary report on the
further investigation after forwarding the report u/s 173(2) of Cr.PC 1973.
4.
ATTENDANCE AND EXAMINATION OF THE WITNESSES
The police officer investigating the
case is empowered under the provision of Section 160 of CrPC 1973 to require
the attendance of any person as a witness who is acquainted with the facts and
circumstances of the matter. Further the Police officer is also empowered to
examine the witness under the provision of Section 161 of CrPC 1973. The
persons who are being investigated are expected and required to answer truly
all the questions before the investigating officer. It is also hereby pertinent
to mention that as per the criminal legal principles such persons are not bound
to truly answer the questions which would expose them to a criminal charge or
any other charge. The statements made by such persons during examination before
police officer is not need to be signed. Such statements can be used in court
only to contradict him, and not to corroborate him. Although, it is moreover
imperative to say that this has exception if it relates to the section 32(1) or
Section 27 of the Indian Evidence act, 1872.
5.
SEARCH BY POLICE OFFICER
A police officer is empowered under
the provision of Section 165 of CrPC 1973 to make search for any such places
which he has reason to believe that contains something necessary with respect
to the investigation. The grounds for issuing a warrant for search are provided
in Section 93(1) of the CrPC 1973.
6. PROCEDURE WHEN INVESTIGATION IS NOT
COMPLETED WITHIN 24 HOURS
The provision of Section 167 of CrPC
lays down the law regarding the procedure when investigation cannot be
completed within 24 hours. This provision has provided that the accused or
arrested person cannot be detained for more than 24 hours. The purpose is to
safeguard the accused from atrocities of the investigating authority and no
detention without trial. It gives the opportunity to the Magistrate to decide
whether the person detained be sent to further custody or not and to facilitate
the investigation process.
7.
FURTHER INVESTIGATION AND RE-INVESTIGATION
Re-investigation refers to a process
where a fresh investigation is conducted by the police or other investigating
agencies after the initial investigation has been completed. It is usually
ordered by a higher authority or a court of law, either Suo moto or on the
request of the accused or the victim. Re-investigation can be ordered in cases
where new evidence has come to light, or there are doubts about the veracity of
the initial investigation.
Further investigation, on the other
hand, refers to the continuation of the investigation beyond the initial phase
to gather additional evidence or to verify the existing evidence. This process
may be initiated by the police or the court, depending on the circumstances of
the case.
The concept of re-investigation and
further investigation has been a subject of much debate and discussion among
legal practitioners and scholars. While some argue that it provides an
opportunity to rectify mistakes made during the initial investigation and
ensure justice for the victim, others contend that it could lead to harassment
of the accused and delay in the trial.
According to section 173(8) of the
Code of Criminal Procedure (CrPC), the investigating officer can submit a
further report at any stage of the trial, which may include additional
information, documents, or witnesses. However, the court has the power to
either accept or reject such a report based on its merit and relevance.
The Supreme Court of India has also
laid down several guidelines for re-investigation and further investigation. In
the case of Bhagwan Singh v. State of Rajasthan (2001), the court held
that re-investigation could be ordered if there is evidence of a deliberate
attempt to suppress facts, a mistake of law or fact, or a violation of human
rights.
Similarly, in the case of Ashfaq
v. State of Maharashtra (2013), the court held that further investigation
could be ordered if there is a reasonable apprehension that the investigation
was not conducted fairly, or the material evidence was not properly considered.
Despite the guidelines and legal
provisions, the concept of re-investigation and further investigation remains
controversial. Critics argue that it could lead to harassment of the accused,
delay in the trial, and a waste of resources. However, proponents argue that it
provides an opportunity to ensure justice for victims of crimes and rectify
mistakes made during the initial investigation.
8.
CONCLUSION
In conclusion, the concepts of
further investigation and re-investigation are crucial in ensuring justice for
victims of crimes and maintaining the fairness of the legal system. While there
are debates and concerns surrounding these processes, it is essential to strike
a balance between the interests of the accused and the victim, and to adhere to
the legal provisions and guidelines set forth by the Supreme Court of India.
The decision to order re-investigation or further investigation must be made
based on the merits of each case, and with a commitment to upholding the
principles of justice and fairness. Ultimately, the successful implementation
of these processes will help to build public trust in the criminal justice
system and ensure that justice is served for all.
Article Information
INVESTIGATION BY POLICE: SPECIAL EMPHASIS ON RE-INVESTIGATION AND FURTHER INVESTIGATION
Authors: RIYA TRIVEDI, AAROHI SANKLAN
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/22
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.