Definition of Investigation
The word investigation has been defined under section 2 (h) of the CrPC 1973. According to this section investigation means –
• All the proceeding under this code
• For the Collection of evidence.
• Conducted by any police officer or any person authorised by Magistrate who is not Magistrate.
Object of investigation
According to Section 2 (h) the objective behind investigation is “to collect the evidence for prosecution”
Who may conduct investigation ?
According to this section an investigation may be conducted by any of the followings –
• Police officer
• By any person other than Magistrate provided that he is empowered by the Magistrate
Investigation by Police Officer
According to Section 157 clause 1 ordinarily officer in charge of police station is authorised to investigate the case.
The term used under section 2(h) ‘any police officer’ includes officer in charge of police station.
Delegation of Investigating Power
Can an officer in charge of police station delegate his investigating power?
According to Section 157 clause 1 an officer in charge of police station may delegate his power of investigation. Investigating power may be delegated to such police officer who is not below the rank as prescribed by the state government.
Results of investigation
According to Section 169 If upon an investigation it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to Magistrate such officer shall release the accused on his executing a bond with or without sureties.
But according to Section 170 after completion of investigation it appears to the officer in charge of police station that there is sufficient evidence or reasonable ground, such officer shall forward the accused to the Magistrate empowered to take cognizance of the offence on police report and to try the accused or commit him for trail, if offence is bailable and the accused is able to give security for his appearance in such case officer in charge of police officer shall take security from him and shall release him.
According to Section 173 clause (2) as soon as investigation is completed the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of offence and police report.
Powers of investigating officer
For the purpose of Investigation, investigating officer has following powers –
- Power to call any person as witness. 160
- Power to introgate 161
Power to call any person as witness
According to Section 160 the police officer investigating the case may call any person who is is acquainted with the fact and circumstances of the case.
For this purpose place of residence of such person is not material. But persons below 15 years or above 65 years or women of any age shall not be required to attend any place other than place in which person or women reside.
According to Section 174 of the Indian Penal Code 1860 if the person called as a witness omits to attend intentionally he shall be prosecuted.
Power to Examine
According to Section 161 of the CrPC 1973 Police officer investigating the case may examine the person acquainted with the fact and circumstances of the case. Under this section such persons may either be examine orally are in writing.
And person examined is bound to answer truly.
Written examination of such person
According to Section 161(3) if the statement of such person is reduced into writing then in such a situation his statement shall be recorded separately and truly. And according to Section 162 his signature shall not be obtained and his statement.
Use of Statement in Evidence
Proviso of Section 162 provides that such statements may be used in evidence only when following two conditions are fulfilled –
- Statement maker must have been called as a witness before the court of law. And
- Statement must have been duly proved.
According to proviso to section 162 such statement may be used for any of the following purposes –
• For contradiction as provided under section 145 of Indian Evidence act.
• For the purpose of re examination
But such examination shall be confined only to those questions which are raised in cross examination.
Restriction as provided under section 162 of CrPC 1973 will not apply in reference to statement which are falling under section 32(1) and section 27 of the Indian Evidence act 1872.
