Shri R.K.

Dash, OPS (I),

Addl.S.P-Cum-Registrar,
BPSPA, Bhubaneswar
 Investigation of a cognizable offence is the
primary duty of a Police Officer.
Chapter XII of criminal procedure code
indicates the provisions relating to “Information
to the Police and their power to Investigate”
The criminal law is set in to motion when a
cognizable offence is reported to police U/S154
CrPC and police action completed when the
police report (charge sheet or final report) has
been submitted to the court U/S 173 CrPC after
completion of investigation.
“Investigation” defined in Section 2(h) and
the procedure has been described in section
157 CrPC.
1. Section 156 CrPC During Investigation the following
empowers a police to be ascertained
officer to investigate a) Whether any offence has been
a cog.Case without committed.
orders of magistrate b) The place where it is
as per procedure U/S committed.
157 CrPC to discover
if any offence has c) Who has committed the offence
been committed by and what is the motive
any known/unknown (Menseria) of the crime.
culprits. d) What is the evidence available
2. The magistrate against the accused.
having power of e) Whether the evidence is
cognizance u/s190 sufficient to bring home the
CrPC may order for charge against him.
investigation.
 Investigation -Components of:
Investigation is a I. Visit to the spot for ascertaining facts
continuous process and circumstances (Sec.157)
which starts in
II. Inquest by police or magistrate
collection of evidence
(sec.174 & 176)
against the culprit,
arrest of the offender III. Examination of witness & accused
and the process (Sec.160 & 161)
ended with IV.Recording of statement of witness or
submission of police confessional statement of the
report U/S173 CrPC. accused by the magistrate(sec.164)
V. Recording of statement of witness by
police (sec.161 & 162)

Continue
Actually it starts on VI. Search and seizure (sec.165 &
receipt of 100)
information of the VII. Discovery of facts including
commission of a obtaining information of experts
cog. Crime and and T.I. parade (sec.157 & 54 (a)
ended when police CrPC)
report submitted to VIII. Arrest of Offender (sec.157 & 41
the magistrate CrPC)
having power to
take cognizable IX. Formation of Opinion and filing
U/S190 CrPC to police report to the magistrate
conduct trial (sec.173).
against the culprit.
 Section 157 (a) CrPC indicate that if an offence
which is not serious in nature and accd. is known if
reported to police and the OIC feels that there is not
sufficient ground for investigation he shall not visit the
spot or depute a sub-ordinate to visit the spot and
investigate the matter.
The OIC shall inform the magistrate for refusal of
the investigation mentioning the grounds through
superiors u/s 158 CrPC.
The informant also be informed about the reasons
for not entering investigation.
The magistrate may direct an investigation or
depute a magistrate to spot to hold enquiry or
otherwise disposed off u/s 159 CrPC.
 The investigation implies collection of
evidences which are admissible in a court of
law during the trial of a case. Such evidences
are generally collected from two sources i.e.
(A) Persons and (B) things (physical evidence).

 (A) Evidences from persons –

(a) Victim
(b) Witness
(c) accused
 A victim can state :
 (1) Identity of the offender if known.
 (2) D.R. of the offender
 (3) Mode of operation
 (4) Method of escape and direction.
 (5) Physical evidences to be found in the
body of the offender.
 (6) Probable motive of the offender.
 (7) Properties taken/damaged.
 (8) Number of offenders/weapons
used/dialogue used/ special
identification mark if any.
 A witness can state besides the
facts stated by the victim, he/she can
throw light on :

 1) Subsequent conduct of the offender

 2) Previous conduct of the offender
 3) in what order did the events occur.
 Information that can be elicited
from the accused :

 1) Consistency of facts stated by victim

and witnesses – if he confesses his guilt.
 2) If he denies the guilt – his alibi.
 3) Motive behind the crime.
 4) Location of the properties taken
 5) Names and address of his
accomplices.
 6) His involvement in other offences etc.
 (B)Physical evidences mostly relate to
transfer of materials i.e. from victim to
offender and vice-versa and from scene
of crime to offender and vice-versa. The
transfers of materials are caused mainly
by two ways. (1) Deliberately and (2)
Accidentally.
 1. Weapons and tools used for
perpetrating the crime.
 2. Properties of the victim used by the
offender or taken by him.
 3. Properties of the offender used in the
crime scene and abandoned.
 4. Documents.
 1. Materials like blood, hair, semen,
clothing, fibers, skin scraps transferred
from the victim to accused and vice-
versa.
 2. Foot prints, finger prints, cloth fibers
and impressions, tool marks etc left at the
spot.
 3. Dust, debris, smell etc. carried
from/left at the scene of crime by the
offender.
 The terms “Facts” and “Facts in issue”,
relevancy of facts and “evidence” have been
defined in Sec.3 of Indian Evidence Act.
 Insection 5 of Indian Evidence Act the main
principles which underlie the law of evidence
have been enumerated as follows :
1. Evidence must be confined to the matter in
issue.
2. Hearsay evidence must not be admitted.
3. Best evidence must be given in all cases.
1. The site plan prepared by I.O. during
spot visit as “ Place at which any fact in
issue or relevant fact happened” is
relevant u/s 9 of Indian Evidence Act.
2. But while preparing a site plan by the
I.O. showing the position of victim,
witness and accused which is derived
from the statement of witness is not
admissible and hit the provisions u/s
162 CrPC.
Continue
 The here say evidence is not direct evidence.
The statement of one witness who heard the
matter from other is not admissible as it here
say information. But the statement of the
original person from whom he heard is
admissible u/s 60 I.E. Act and the statement
which is corroborated u/s 157 I.E. Act is also
admissible.
3. The site plan prepared by Amin/ Draftsman
showing the position of bullets, physical clue
but derived from the statement of witness is
admissible.
(SC.Judge Jagadish Narwin and another vrs. State
of UP 1996 (8) SCC 199)
 Case Diary
The chronological 1. The statement of witness
record of the proceeding of recorded U/S 161 CrPC
the investigation by the I.O. shall be inserted in the
must be entered in a Diary Case Diary.
called as Case Diary . 2. The Diary should be in a
The case Diary writing volume and duly
starts from the time at which paginated.
the cog. Information 3. Any criminal court may
reached him, the time at send for the police Diary
which began and closed his of a case under inquiry
investigation, the place or or trial in such court and
places visited by him and a may use such diary not
statement of the as evidence in the case
circumstances ascertained but to aid it in such
through his investigation. enquiry or trial.
1. It is a confidential document.
2. Neither the accused nor his agent is entitled to
call for the case diary.
3. The case diary can not be used as evidence.
4. The court can see the case diary for the
purpose of inquiry/trial.
5. It can be used by police officer to refresh his
memory and by the court to contradict the IO
(Mukundalal V. Union of India-AIR 1989 SC
144).

Continue
 As per provision U/S172 (2) CrPC if the IO
use the diary for refreshing his memory and
court use the diary for the purpose of
contradicting such witness by operation of
sec.161 and 145 I.E. Act, it shall be used for the
purpose of contradicting such witness i.e. I.O.
or to explain it in re examination by the
prosecution with permission of the court.
Hence the entries in the diary can not be used
by the accused as evidence.

(Shamshul Kanwar Vrs.State of UP 1995 4 SCC 430)

 While making arrest of an accd. who
is involved in a cog. case the
Investigating Officer should carry out
the following procedures.
1. Sec.41 CrPC Sec.46 CrPC
2. Sec.50 CrPC Sec.50A CrPC
3. Sec.51 CrPC Sec.52 CrPC
4. Sec.53 CrPC Sec.54 CrPC
5. Sec.55 (A) CrPC
Guide lines of SC in the case of
D.K.Basu vrs. Govt. of West Bengal JT
1997(i) SC 1 to be carried out by the
I.O.
 Provision u/s 167 CrPC is supplementary to sec.57. if
the investigation is not completed with in 24 hours
and there is sufficient evidence against the accd. in a
non-bailable case after arrest of the accd. he will be
forwarded to court u/s 170 CrPC.
 Production of accd. before magistrate u/s 167 CrPC.
 Remanded to jail for a period of 15 days initially.
 The judicial custody may be 120 days if offence
punishable with death/ life imprisonment/10 years.
 60 days for other offences.
 Police remand 15 days as a whole but can not be
more than 7 days at a time.
 The executive magistrate can remand only for 7 days
but he will put up before the nearest Judicial
magistrate after lapse of 7 days.

Continue
 Juvenile below 18years can not be detained in jail.
 The accused if arrested beyond jurisdiction will
be produced before Judicial Magistrate only.
 167 (5) stopping of investigation by magistrate in
a summons case if the investigation is not
completed with in 6 months for the date of arrest
of accused.
 Remand starts the day in which the accd. is
produced before the magistrate and signed in the
order sheet of the GR case record.
 The accd. may be detained for 180 days
according to sec.36(4) of NDPS Act 1985 for the
offence committed by accd. u/s19,24 and 27 (A) of
NDPS Act.
 This judicial custody may be extended till 1 year.
 Report submitted by police, after
completion of investigation known as
police report u/s 173 CrPC.
Police Report
Charge sheet Final Report
FR True FR MF FR ML FR Non Cog. FR
No clue False
Insufficient Evidence
Offence abetted
The final report submitted to magistrate through Superior u/s
158 CrPC whereas CS submitted directly.

continue
1. After receipt of the police report the
magistrate may accept the final report,
close the proceeding and discharge the
accused u/s 173 (4) CrPC.
2. Disagree with police report and direct
for further investigation u/s 156 (3)
CrPC or hold an enquiry u/s 159 CrPC.
3. May take cognizance u/s 190 CrPC
4. The magistrate will accept the final
report after hearing the informant.
 CHARGE SHEET

1. May agree and take cognizance u/s 190

CrPC.
2. May disagree and direct for further
investigation u/s 156 CrPC.
3. Ignore the report and decline to take
cognizance u.s 190 CrPC
4. Cannot ignore or disagree with police
report disclosing to be session triable
offence.
1. After submission of charge sheet the judicial
magistrate can pass orders on the prayer of
I.O. to keep the investigation open u/s 173(8)
CrPC.
But the Judicial magistrate afetr taking
cognizance of an offence on the basis of
police report and after appearance of accd.
can not order on his own further investigation
of the case u/s173(8) CrPC.
The judicial magistrate can order for
further investigation u/s 156 (3) CrPC before
taking cognizance of the offence.
{Randhir Singh Rana vrs. State of Delhi Admn.
1997-(1) Crimes 58 (SC)}

Continue
2. Acceptance of final report –Duty of Magistrate and
Investigation agency.
( Union Public Service Commission vrs. S.Papaiah and
other 1997 SCC (cr) 1112 without hearing the complt. The
magistrate can not accept the final report.)
3. Right of the informant and the injured to challenge the
final report duty of magistrate.
(Bhagawat Singh vrs. CP AIR 1985 SC 1285 1985 SCC
(cr) 267: 1985 or LJ 1179)
The informant should be informed before acceptance of
police report.
4. charge sheet on completion of stipulated period of 120/60
days.
5. Supplementary charge sheet

Continue
6. Collection of evidence and production before
the court after submission of charge sheet
7. Police custody during further investigation
after police report.
If police is conducting further investigation
u/s 173 (8) CrPC as per order of magistrate
and arrest the accd. who can be remanded to
police custody u/s 167 CrPC.
On production of such accd. before the
court by the I.O. the magistrate can authorise
his detention in police custody during further
investigation only after exercise of his judicial
discretion and not on mere asking of the
investigating agency.
{State through CBI vrs. Dawood Ibrahim Kaskar
1997 SCC (Cr) 636}
 Criteria for direction to make further
investigation after submission of final
report.

 [(Hemant Dhasmane vs. Central

Bureau of Investigation, 2001 SCC
(Cr.)1280 AIR 2001 SC 2721-2001 (7)
SCC 536-2001(6) JT 473-2001(5) Scale
312-2001(6) Supreme 217-2001 (4)
Crimes 183 (SC)]
 Power of the Magistrate to order further
investigation 156(3) CrPC – An
independent power and does not affect
the power of the investigating officer to
further investigate the case even after
submission of his report vide Section
173(8) – Hence the Magistrate can order
re-opening of the investigation even after
the police submits the final report.
 Although Section 156(3) is very briefly worded,
there is an implied power in the Magistrate
under Section 156 (3) CrPC to order
registration of a criminal offence and/or to
direct the officer in charge of the concerned
police station to hold a proper investigation
and take all such necessary steps that may be
necessary for ensuring a proper investigation
including monitoring the same. Even though
the powers have not been expressly mentioned
in Sec. 156(3) CrPC, we are of the opinion that
they are implied in the above provision. (Sakiri
Vasu vs. State of U.P. & Ors. 2008- 39 OCR
 In Union of India V. Prakash P. Hinduja & Anr.
2003(6) SCC 195 (vide para13),it has been
observed by the Supreme Court that a
Magistrate can not interfere with the
investigation by the police.
 However, a contrary view was taken by the
Apex Court in Sakiri Vr. State that would apply
when proper investigation is not being done by
the police and the Magistrate on an application
u/s 156(3) is satisfied that proper investigation
has not been done.
Whether police can refuse to conduct an investigation
directed u/s 156(3) for lack of jurisdiction?

Code of Criminal Procedure, 1973 – Sec. 156(3) – Order

passed by Magistrate for investigation by Police-
Whether the police authorities empowered under Sub-
Section (1) of Sec. 156 can unilaterally decide not to
conduct an investigation on the ground that they had no
territorial jurisdiction to do so ? Held, the powers
vested in the investigating authorities under Sec. 156(1)
Cr.P>C did not restrict the jurisdiction of the
investigating Agency to investigate into a complaint
even if it did not have territorial jurisdiction to do so.
(Rasiklal Dalptram Thakkar v. State of Gujurat &
Ors. – 2010- 45 OCR(SC)-559)
 There is no condition or restriction on
Magistrate to issue direction to police to
register and investigate a case even if no
complaint is made that police has not
registered the case . ( Brijesh v. State of U.P.
(1997) 34 All Cr Cas. 687(All).

A Magistrate has power to send the case to the

Officer-in-Charge at the police station for
reinvestigation ( Rakesh Kumar v. State of
Haryana (1997) 24 Cr LT 171 (P&H).
 Limited authority of Court to interfere in the
investigation.

 The court should have refrained from disclosing in its

order, the material contained in the diary and the
statement, specially when the investigation was in
progress. It should also have refrained from making any
comment on the manner in which the investigation was
being conducted looking to the fact that the
investigation was far from complete. Any observations
which may amount to interference in the investigation
should not be made as it may derail the investigation
and demoralize the investigation. It is not proper for the
court to direct the investigating officer to include a
person as an accused on the basis of material available
in the case diary ( Director, CBI v. Niyamavedi 1995
Cr. LJ 2917)
 Submission of additional evidence after
police report – Principles laid down in
CBI vs. R.S.Pai, 2002 SCC (Cr) 950.
It is held by the Supreme Court
that there is no question of causing
prejudice to the accused for submission
of additional evidence after filing of
police report on conclusion of
investigation.
1. To cover up the lacuna in investigation.
2. To remind I.O. regarding the remand date of
accd. u/s 167 CrPC.
3. Protest the release of accd. in bail.
4. Briefing of witness before trial.
5. Liason with district administration for the
sake of prosecution.
6. Production of material objects before the
trying magistrate.
7. Regular attendance of witness and I.O. before
the court for trial.

Continue
8. Communicate the order of the court from time to
time for compliance.
9. Scrutinize the reasons of acquittal of the
heneious crime.
10. Encouragement of I.O. for successful
investigation.
11. Sensitise the police officers about recent
amendment of law and intimate about the land
mark judgment of apex court.
12. To remain present at the time of framing of
charge and commitment. It should not be a
mechanical process.
13. Special P.Ps should monitor the prosecution of
the cases tried by special court for successful
conviction specially in atrocity and NDPS cases.
 An ideal Prosecutor must consider
herself/himself as an agent of justice.

 There should not be on part of a Public

Prosecutor “a seemly eagerness for, or grasping
at a conviction”.

A public prosecutor should not by statement

aggravate the case against the accused, or keep
back a witness because her/his evidence may
weaken the case for prosecution.
A Public Prosecutor should place before the
Court whatever evidence in in her/his
possession.
 The duty of the Public Prosecutor is to
represent the sate and not the police.
A Public Prosecutor should discharge her/his
duties fairly and fearlessly and with full sense
of responsibility that attaches to her/his
position.
A Public Prosecutor cannot appear on behalf of
the accused.
 Nofair trial when the Prosecutor acts in a
manner as if he was defending the accused.
 District Magistrate or the Superintendent of
 Article20, United Nations Guidelines on the
Role of Prosecutors.

 Article14, United Nations Guidelines on the

Role of Prosecutors.

 Art. 4.2(d), International Association of

Prosecution’s Standards of Professional
Responsibility and Statement of the Essential
Duties and Right of Procedures.

 Art.
16, United Nations Guidelines on the Role
of Prosecutors, Article 4.3(f), International
Association of Prosecution’s Standards of
Professional Responsibility & Statement of the
Essential Duties and Right of Procedures.
Article 4, United Nations Guidelines on
the Role of Prosecutors.

Article 7, United Nations Guidelines on

the Role of Prosecutors.

Article 2.2 & 23, International Association

of Prosecution’s Standards of
Professional Responsibility and
Statement of the Essential Duties and
Right of Procedures.