Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART VIII

Q.36 Can police investigation be depicted by means of a chart ? Ans. Q.37 What are the various steps of investigation to be carried out by an investigating Police Officer? Ans. S.2(h) of the Code defines investigation which reads as under: '(h) '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;.' Under the scheme of the Code, investigation ordinarily commences with lodgment of "information" relating to the commission of an offence. If it is a cognizable offence, the officer - in - charge of the police station, to whom the information is supplied orally, has a statutory duty to reduce it to writing and get the signature of the informant. He shall enter the substance of the information, whether given in writing or reduced to writing as aforesaid, in a book prescribed by the State in that behalf. The officer - in - charge has no escape from doing so if the offence mentioned therein is a cognizable offence and whether or not such offence was committed within the limits of that police station. But when the offence is non - cognizable, the officer - in - charge of the police station has no obligation to record it if the offence was not committed within the limits of his Police Station. Investigation thereafter would commence and the investigating officer has to go step by step. The Code contemplates the following steps to be carried out during such investigation: (1) Proceeding to the spot; (2) ascertainment of the facts and circumstances of the case; (3) discovery and arrest of the suspected offender; (4) collection of evidence relating to the commission of the offence which may consist of – (a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit, (b) the search of places or seizure of things considered necessary for the investigation and to be produced at the trial; and (5) formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and, if so, to take necessary steps for the same by the filing of a charge - sheet under S.173. (Vide – H. N. Rishbud and Another v. State of Delhi AIR 1955 SC 196 = 1955 Cri.L.J. 526 – 3 Judges – M. K. Mukherjea, Vivian Bose, Jagannadhadas - JJ; State of M.P. v. Mubarak Ali AIR 1959 SC 707 = 1959 Cri.L.J. 920 – 3 Judges - P. B. Gajendraghadkar, A. K. Sarkar, K. Subba Rao – JJ and Navinchandra N. Majithia v. State of Meghalaya and Others 2000 (8) SCC 323 = AIR 2000 SC 3275 - 3 Judges – K. T. Thomas, R. P. Sethi, S. N. Variava – JJ ) Q.38 Is receipt of "information" a condition precedent for starting of investigation? Ans. No. Section 157 (1) Cr.P.C envisages a situation where investigation can be initiated either on "information" or "otherwise". (Vide State of U.P v. Bhagwant Kishore Joshi AIR 1964 SC 221 – 3 Judges – K. Subba Rao, Raghubar Dayal, J. R. Mudholkar – JJ). NOTE BY VRK:- Cases where a police party detecting a cognizable offence while on patrol duty and submitting a suo motu report regarding the offence and the consequent registration of an FIR, will be covered by this Section. The chance recovery effected in State of Punjab v. Balbir Singh (1994) 3 SCC 299 = AIR 1994 SC 1872 – Ratnavel Pandian, K. Jayachandra Reddy – JJ, is one such case. Again in State v. V. Jayapaul (2004) 5 SCC 223 = AIR 2004 SC 2684 - Ruma Pal, P. Venkatarama Reddy – JJ. we have seen the Police Officer not convinced by the cryptic, vague and discreet information which he got, himself conducted a probe and finally figured as the "first informant" and submitted a suo motu report. That also falls under "otherwise". Q.39 Section 157 (1) Cr.P.C. states that if the SHO "has reason to suspect the commission of an offence which he is empowered under Section 156 to investigate", he shall forthwith proceed in person or shall depute one of his subordinates to proceed to the spot to investigate the facts and circumstances of the case. What is the empowerment under Section 156 Cr.P.C. ? Ans. The empowerment under Section 156 (1) Cr.P.C. is the statutory empowerment to investigate a cognizable offence. The territorial jurisdiction of the Police Station is co-extensive with that of the appropriate Court which is competent to try the offence. (Vide para 5 of T.P. Nandakumar v. State of Kerala 2008 Cri.L.J. 298 (Kerala) = 2007 (4) KLT 775 – V. Ramkumar – J; Paras 8 and 9 of Anil Kumar v. Sindhu 2009 (2) KLT 359 = 2009 Cri.L.J. 3530 – V. Ramkumar - J). To find out the jurisdiction of the Court, one has to refer to Chapter XIII Cr.P.C. starting with Section177.On the question of territorial jurisdiction, we had seen – ...

Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART VIII

Justice V. Ramkumar

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