Procedure In Investigation

Presented BY: Guided BY:

Vaibhav LaurM.A CriminologyII Year

Senior FacultyLaw Enforcement

Dr. P.S Bhushan

When will the Investigation Start?

Sections of CrPC which explains about the Investigation procedure and explain under which section of the law a police officer can investigate the crime/case.

1) S 154 CrPC- Cognizable offence, FIR2) S 155 (2) CrPC- Non Cognizable offence, order of Magistrate. 3) S 156 (3) CrPC- Cognizable Offence order of Magistrate.4) Police Officer has been given the power of investigation U/S 156 CrPC

The key principle underlying crime scene investigation is a concept that has become known as Locard’s Exchange Principle. It states that whenever someone enters or exits an environment, something physical is added to and removed from the scene. This principle is generally summed up by stating: “Every contact leaves a trace.”

Fundamentals of Criminal InvestigationInvestigation:  It is the process of inquiring, bring about and getting vital information, facts, circumstances in order to establish the truth.

Criminal Investigator: A well trained, disciplined and experienced professional in the field of criminal investigation.

Custodial Investigation: Investigation conducted by law enforcement officers after a person has been arrested or deprived of his freedom of action.

Neighborhood Investigation: One of the most crucial steps in kidnap for ransom cases which is often overlooked. The objective is to identify and interview in person all individuals in the area where the victim was kidnapped or last known sighting area during the window of opportunity.

Confession: Is a statement by which a person acknowledges his or her guilt. A confession is considered by law specialists to be the ultimate evidence of guilt.

Admission is a statement of acknowledgement that certain facts regarding the specific case are true.

3 Fold Aims Of Criminal Investigation

1) To identify the guilty party2) To locate the guilty party3) To provide evidence of his guilt

6 Basic points of investigation  

4) What specific offense was committed5) How the offense was committed6) Who committed it7) Where the offense was committed8) When it was committed 9) Why it was committed

Composition/Organization of an investigation team

10) Team leader11) Investigator/recorder12) Photographer13) Evidence Custodian14) Composite illustrator/Artist

Basic Steps taken by Police in Investigation.

1) After getting the Information from the crime scene.2) A team of Police reached the Crime Scene immediately.3) Police ensure the validity of information.4) Intelligence should be collected about the crime.5) Police inform to other divisions about the crime so that they can reach asap.Ex: Forensic department divisions.

6) When police get reached the crime scene:a) Crime scene should be get preserved so that the evidences don’t get

contaminated/destroyed.b) Send the injured person to hospital immediately.c) Search for the eyewitness if any.d) Keep the public/ media away from the crime scene and listen public

conversation silently and confirm about other teams so that they can collect the evidences.

e) Prepare the sketch of the crime scene about every little information present on the crime scene.

Importance of Sketch of Crime Scene

Sketch: A rough drawing or painting, often made to assist in making a more finished picture.

1) It is accepted in court as per S 9 of EA.2) It helps in writing case diaries.

3) Helps in examining the witnesses.

4) Give the true picture of incident.

5) It is a permanent record of the scene.

5) Helps in refreshing the memory of IO.

6) Helps in trial of case.

7) Court can also inspect the place of incident as per S 310 CrPC.

Basic Steps taken by Police in Investigation

7) Accused get arrested by the police.8) Statement of accused is get recorded in Police station by the police.9) Statement of witness is also get recorded by the police.10) Recovery of property, body etc. get done by the I.O.11) Evidence is get collected by the I.O. Ex: P.M report etc.12) Challan is made and accused is send to the court or in front of magistrate.13) Then the accused send to jail or if police need custody then the court give

custody to the police.14) In several cases bail is accepted by the police in police station itself only in

petty offences.15) Within max. 90 days police file the charge sheet in court an the trial is get

started in the court.

Inspection of Scene of Crime

1) Thorough inspection, minutely as per procedure

2) No stone should be left unturned

3) Type of Inspection of the Scene of Crime

1) Clockwise

2) Anticlockwise

4) Methods of Inspection of Scene of Crime

1) Strip Method

2) Spiral Method

3) Zonal Method

4) Wheel Method

5) Grid Method

Investigation Procedure in CrPC

Police Officer has been given the power of investigation U/S 156 CrPC

157.Procedure for investigation preliminary inquiry.

If, from information received or otherwise, an officer in charge of a police station denies. Shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence. Shall proceed in person, or shall depute one of his subordinate. Proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender

158.Report how submitted. Officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

159.Power to hold investigationOn receiving such report, may direct an investigation. Depute any Magistrate Subordinate, to hold a preliminary inquiry into, or otherwise to dispose of the case

160.Police officer's power to require attendance of witnesses. In writing, require the attendance before himself of any person being within the limits of his own or any adjoining station. No male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

161.Examination of witnesses by police. Officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. Such person shall be bound to answer truly.

162.Statements to police not to be signedNo statement shall, if reduced to writing, be signed by the person making it. Nor shall any part of such statement or record, be used for any purpose. For the purpose only of explaining any matter referred to in informers cross-examination.

163.No inducement to be offered. No police officer shall offer or make, or cause to be offered or made, any such inducement, threat or promise.Section 24 of the Indian Evidence Act, 1872 .

164.Recording of confessions and statementsAny Metropolitan Magistrate or Judicial Magistrate may record any confession or statement made to him in the course of an investigation.The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him ; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made willingly.

165.Search by police officer.Any police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation may be found in any place.Copies to be sent to the nearest Magistrate empowered to take cognizance of the offence

166. When officer in charge of police station may require another to issue search warrant.

166A. Letter of request competent authority for investigation in a country or place outside India. 166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India.

167.Procedure when investigation cannot be completed in twenty four hoursRank of sub-inspector or above, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate. Authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole.

168. Report of investigation by subordinate police officerWhen any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station

169.Release of accused when evidence deficientIf it appears that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate. If such person is in custody, release him on his executing a bond, with or without sureties.

170.Cases to be sent to Magistrate, when evidence is sufficient

171.Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraintAny Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agents shall be entitled to call for such diaries

172. Diary of proceeding in Investigation.

173. Report of police officer on completion of investigationCompleted without unnecessary delay. Shall forward to a Magistrate empowered to take cognizance of the offence

1) The names of the parties2) The nature of the information3) The names of the persons who appear to be acquainted with the

circumstances of the case4) Whether any offence appears to have been committed and, if so, by whom5) Whether the accused has been arrested6) Whether he has been released on his bond and, if so, weather with or without

sureties7) Whether he has been forwarded in custody under section

Where a superior officer of police has been appointed , reports be submitted through that officer, and he may, awaiting the orders of the Magistrate

Along with the report- 8) All documents or relevant things.9) The statements-recorded under section 161.

Cont..

If the police officer is of opinion that any part of any such statement is not relevant he shall indicate that part of the statement and append a note requesting the Magistrate to exclude.

Nothing in this section shall be deemed to preclude further investigation. If obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report

Qualities of Good I.O

1) Knowledge of law

2) Curiosity to work

3) Man of patience

4) Brave

5) Sharp mind

6) Good behavior and Honest

7) Acquainted with the area

8) Contacts with public, press and other departments

9) Ability to understand the nature of men, body language etc.

10) Selfless

11) Obedient

12) Courageous

13) Impartial

14) Educated and learned

15) Straight forward

16) Practical

17) Control on organized crime

18) Control of drug abused

FINISHED

SUGGESTIONS & QUESTIONS