Code of Criminal Procedure

Introduction

• In India, the crimes are investigated by the procedure provided in the Code of Criminal Procedure, 1973 (CrPC).
  • Section 2(h) of the code defines the term ‘investigation’ as all the proceedings conducted by the police officer to collect the evidence associated with the crime.
• At the beginning of any investigation, the crimes are identified as cognizable and non-cognizable offenses, and then, according to the nature of the crime, the investigation proceeds.
• The authority of the police to investigate a crime is mentioned in Section 156 of CrPC. Generally, the investigation mainly consists of the following steps:
  • Filing of a First Information Report (FIR).
  • Investigating the location of the crime.
  • Collecting evidence and interrogating the relevant persons.
  • Finding the suspect.
  • Filing of chargesheet.
  • If found innocent, then acquitted.
  • If found guilty, then punishment is given.

Cognizable and Non-Cognizable Offences

Cognizable offences

• It is defined under Section 2(c) of the CrPC. These are the wrongs done against society i.e., against the public at large.
• These are the serious kind of offences in which the punishment is more than 3 years with or without fine. Crimes like dowry, murder, rape, etc. fall under this category.
  • The offences in which the police can arrest a suspect even without an arrest warrant.

Non-Cognizable Offences

• It is defined in Section 2(i) of the CrPC. In these kinds of crimes, an arrest warrant is required to make the arrest. Crimes like defamation, battery, and assault come in this category.
• Non-cognizable offences are less serious in nature for which the punishment is less than 3 years with or without the fine.

Authority to Investigate

• Section 156 of the code confers upon the police officer the power to investigate a cognizable offence.
• In the cases of cognizable offences, the officer in charge of the police station has to file the FIR in written form and get the same signed by the petitioner, only then the investigation can start.
• A magistrate can also order the investigation of cognizable offences under the power given to him by Section 190 of CrPC.

Information of the Crime

• This is the first and the most important step of the investigation.
• The police will file the FIR as per the information provided by the victim. Also, a copy of the FIR will be given to the victim free of cost.

Procedure of the Investigation

• Section 157 of the CrPC provides the preliminary inquiry method.
  • According to this, after receiving the information about the crime, the officer in charge of the police station is empowered to investigate the case and to send the report of the same to the Magistrate, who would then take cognizance of the case.
• The police need to go to the crime scene to collect evidence and arrest the suspect if needed.
  • They can also deny investigation on the grounds that the case involves some non-cognizable offences, which cannot be investigated without the order of the Magistrate.
• If the investigating officer does not find any reasonable grounds to investigate, then he is not bound to investigate, and he can inform the reasons for the same to the magistrate.

Sending the Reports to the Magistrate

• Under Section 157 of CrPC, ‘police report’ needs to be sent to the magistrate to inform him of the reasons on whose basis the suspicion of a crime having been committed, is founded. Thus, it informs the Magistrate that the particular case is being investigated by the police.
• The Magistrate cannot stop the investigation process once it has been started, hence this sending of the police report is merely a formality.
• Apart from this report, a ‘final report’ is also sent to him at the end of the investigation under Section 173.

The Order to Investigate by the Magistrate

• Section 159, the Magistrate receiving the report of a police officer under Section 157, may direct an investigation, or if he thinks fit, may at once proceed to depute any subordinate magistrate to proceed to hold a preliminary enquiry.
• Section 159 is primarily meant to give to the magistrate the power of directing an investigation in cases where the police decide not to investigate the case under the proviso (b) to Section 157(1). He can also order investigation by an officer-in-charge of a police station, but not by senior police officer.

Identification & Attendance of the Witnesses

The power to identify and address the witnesses is enshrined under Section 160 of CrPC.

• After investigating the crime and finding all the necessary pieces of evidence, suspects, and witnesses, the police officer has the authority to call any person who appears to be acquainted with the facts and circumstances of the case, to be present for interrogation.

Examination of Witnesses by Police

• Section 161 deals with the oral examination of witnesses by the police. They are required to answer each and every question asked by the police during the interrogation.
• However, they are not bound to answer such questions the answers to which have a tendency to expose him to a criminal charge, or to a penalty, or forfeiture. In such cases, the person may refuse to answer the question.

Recording of Statements or Confession by Magistrate

• Section 164 empowers the Magistrate to record the statements, or the confessions made by any person during the whole investigating process, or before the commencement of the inquiry or trial.
• If someone does not want to make a confession, then the magistrate cannot force him to do so.

Cases where Investigation Cannot be Completed within 24 Hours

When an investigation cannot be completed within 24 hours, Section 167 provides the Magistrate with certain powers in relation to the procedure. In the following situations, Section 167 is invoked:

• When a suspect is arrested without a warrant and taken into custody by a police officer.
• The investigation took more than 24 hours.
• The accused is brought before the Magistrate by the official in charge of a police station or an investigative officer not below the level of sub-inspector.
• The Judicial Magistrate to whom the accused is transferred may order that he can be held in custody for a period of not more than 15 days (about 2 weeks). If the Magistrate does not have jurisdiction to try the matter and believes that continued detention is unjustified, the accused will be forwarded to the Magistrate who does have jurisdiction.
• If the Magistrate has reason and grounds to believe that detention of the accused is necessary, he may do so. However, in any case, the Magistrate cannot order detention for more than:
  • For serious offences with a punishment of imprisonment for more than 10 years, or life imprisonment or death penalty, in such cases, a person can be kept in custody for 90 days (about 3 months).
  • For less serious offences with a punishment of less than 10 years of imprisonment, custody should not exceed 60 days (about 2 months).

Case Law

• Balak Ram v. The State of U.P l(1974):
  • The Supreme Court held that evidence of witnesses cannot be discarded merely because their statement was recorded under Section 164. Their evidence must be approached with caution.