ARTICLE
Gracy Singh
08th Nov 2023
POWERS OF POLICE IN INVESTIGATION
The power of police in investigation are mentioned in the Criminal Procedure Code , 1973. This article briefly explains about the powers and also the role of police during investigation.
- Introduction
An Investigation is an important segment of criminal procedure . The first step after a crime is committed or information received by a police officer about the commission of offence is investigation. The purpose is to identify the offender and proceed him for the trial so as to serve him with punishment as per the provisions of the Code. Section 156 of the Code of Criminal Procedure confers powers on police officers to investigate cases.
The term investigation has been defined in the section 2(h) of the Code . Chapter XII (Section 154 to 176 ) of the Code deals with information to police and their powers and their powers to investigate.
2. Definition
The term investigation has been defined in Section 2(h) of the Code of Criminal Procedure 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 authorized by a Magistrate in this behalf.[1]
1.INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE ( CHAPTER XII )
1.1Information in cognizable cases
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 . Every such information shall be signed by the person giving it and the substance thereof shall be entered in a book kept such officer in such form as may be prescribed by the State Government in this behalf. ( Section 154 )
The above information given to a police officer and reduced to writing is known as First Information Report (FIR) although such words are not mentioned in the Criminal Procedure Code . The investigation of the case proceeds on this information . FIRs must be lodged promptly because any delay in the lodge of FIR is viewed adversely by the Courts. However , the delay is not fatal . The Supreme Court is Dilawar Singh and Ors. V. State of Harayana , 2014 (4) JCC 2899 , said that where delay in lodging complaint and registration of FIR has been satisfactorily explained , the delay by itself was no ground ?for disbelieving the prosecution evidence . Thus , the principal object of this Section is to set the criminal law in motion and to obtain information about the alleged criminal activities so as to punish the guilty.
For the purpose of enabling the police to start investigation , it is open to the Magistrate to direct the police to register an FIR . There is notAhing illegal in doing so. After all registration of an FIR involves only the process of entering the substance of the information relating to the commission of the cognizable
offence in a book kept by the officer-in-charge of the police station as indicated in Section 154 of the Code ( Mohd.Yousuf v. Afaq Jahan AIR 2006 SC 708) [2]
2.INFORMATION AS TO NON-COGNIZABLE CASES AND INVESTIGATION OF SUCH CASES
When information is given to an officer-in-charge of a police station of the commission within the limits of such station of a non-cognizable offence , he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf and refer to the Magistrate.(Section 155)
The police officer is not authorized to investigate a non-cognizable case without the order of Magistrate having power to try such cases , and on receiving the order , the police officer may exercise the same powers in respect of investigation as he may exercise in a cognizable case.
3.POLICE OFFICERS POWERS TO INVESTIGATE COGNIZABLE CASE
In case of cognizable offence the police officer may conduct investigations without the order of a Magistrate. Investigation includes all the proceedings under the Code for the collection of evidence by the police officer or by any person who is authorized by the Magistrate in this behalf. Any Magistrate empowered under Section 190 may order such investigation as above mentioned.(Section 156)
Sections 160 and 161 authorise a police officer making an investigation to require the attendance of and may examine orally any person who appears to be acquainted with the facts and circumstances of the case.
4.PROCEDURE FOR INVESTIGATION
Section 157 of the Code provides the procedure the procedure for investigation by police in respect of cognizable offences.
When a police officer in charge of a police station has a ground to believe that a cognizable offence has been committed based on the FIR or any other information so received , the investigation of a cognizable case begins.
As soon as the police officer receives information or has reason to suspect the commission of any cognizable offence , he is required to notify the magistrate , who has jurisdiction over such cases.
When a police officer receives information that is not of a serious nature , the officer does not need to proceed in person and he can delegate some subordinate officer to investigate on the spot. And if there is no sufficient reason to investigate the case , he shall not investigate it. And shall state in its report the reasons for failing to comply with the requirements of this section , as well as notify the informant that he will not investigate or cause the case to be investigated.
5.CONCLUSION
It is concluded that during the course of an investigation , the powers of the police must be given utmost importance. Such police powers are systematically listed in the Criminal Procedure Code of 1973. The Code specifies the investigation procedure as well as the method by which the police must conduct the investigation when handling any given case.
There are some circumstances in which the police cannot arbitrarily abuse the authority given to them in the name of an investigation , even though they may have some discretionary powers when conducting any investigation.[3]
