Attributes of Investigation under the Criminal Procedure Code, 1973

Attributes of Investigation under the Criminal Procedure Code, 1973

Introduction

While conducting the procedure of the investigation of a criminal offence, there are some important elements of investigation which the Investigating Officer has to follow, or we can say that without these attributes no investigation can be completed. It even provides the power of the officer and the rights of the accused which needs to be protected while carrying out the investigation.

The elements of Investigation under the Criminal Procedure Code, 1973 are

Witness  
  • Attendance

The officer who is seeking after the examination is engaged to require the participation of the Witnesses. The witnesses will be such who are familiar with current realities and conditions of the case.

The powers have been given under Section 160 of the Criminal Procedure Code, 1973. The arrangements of Section 160 of the Code unequivocally states that no male under fifteen years or a lady will be called to go to at some other spot than where she dwells.

The non- following of Summons under Section 160 of the Code is penalized under Section 174 of the Criminal Procedure Code, 1973. The individual who is needed to show up when served summons doesn’t do so will be obligated to straightforward detainment as long as one month or with a fine up to Rs. 500 or both.

The part just requires the participation of the witnesses and outfitting of applicable data about them. The police can’t demand the witnesses for the submission of records before him. The summons which requires the participation of a witness should be in written structure.

Here the State Government can also make rules regarding the payment of expenses incurred by attendance of witness at any place other than their residence.

  • Examination

The most significant aspect of the investigation under the Criminal Procedure Code, 1973 is the assessment of witnesses. Any official who is responsible for the examination or whatever other officials who are following up on the solicitation of an official in control will and is engaged to analyse a witness or an individual who is familiar of current realities and conditions of the case put before him.

The statement they made so can hold an individual liable, so will undoubtedly respond to the inquiries which are identified with the case genuinely. They voluntarily don’t have to respond to the questions which would open them to a criminal accusation or some other charge.

Section 161 of the Cr.P.C gives powers to police officials to examine the witnesses. The official investigating will inspect the people who are familiar with the current realities of the case. After the assessment, the official making the examination will compress the explanations given by the individual over the span of the assessment. It is the obligation of the examining official to record the statements of the witnesses immediately.

Also, whenever done as such, he will keep a different record of the equivalent. He will undoubtedly produce the statements into writing, however, it is favoured that he does as such. The recorded proclamations are needed to be noted down for the case journal kept up under Section 172 of the Code.

Statements made to Police
  • Not to be Signed

During the investigation, the statements made by the witnesses need not be signed by him. Neither ought to be utilized at any trial or inquiry. They can be utilized in the court just to negate him, and not validate him. In the event that the witness is from the prosecution’s side, any aspect of his statement whenever demonstrated might be utilized by the respondent and can be utilized by the prosecutor just with the Court’s authorization, to repudiate him. That is, statements so given under Section 161 can be utilized to repudiate him.

Be that as it may be, an exemption to the above segment is that if any such statement falls in Section 32(1) of the Indian Evidence Act, or influences Section 27 of the Evidence Act, will have a different ambit of scope.

  • Recording the Statements and Confessions

Any magistrate, whether with or without jurisdiction, is conferred under Section 164 to record any confession or statement made to him during the investigation. However, the police on whom powers of a magistrate have been given for now isn’t allowed to record the equivalent. The magistrate, before recording this, needs to disclose it to the individual giving the confession that he will undoubtedly give it and can be utilized as a proof against him.

The magistrate needs to ensure that the individual is doing such act wilfully and ought to be recorded with his assent only. It is a legal duty that invokes the Magistrate to make the accused aware of his privileges. The Magistrate can’t approve the detainment of that individual in police authority if the individual won’t give any statement before the confession is being recorded.

A Magistrate without jurisdiction records confession and statements should transfer it to the Magistrate with competent jurisdiction i.e. by whom the trial is to be done or has to inquire into the case. Here according to the provisions of the Criminal Procedure Code, 1973, the power of recording the confessions during the investigation is explicitly given to the Judicial Magistrate.

  • Admissibility as Evidence

Here such type of Confession will be signed by the accused, for marking the evidentiary value of the statement so made. The whole confession made or mentioned here has to be mentioned under Section 164 of the Code so that it can be considered as substantive evidence and treat as important as other evidence. The court through its discretion may direct to reject it, whether a part of it or the whole confession.

If any conviction was made on the base of the rejected confession, then such conviction will not sustain. But here any non-confessional statement recorded under section 164 will not be considered as substantive evidence, while if the person giving this statement is a witness then the statement can be used as a contradiction against his testimony according to Section 145 and 157of the Indian Evidence Act.

According to the case of Balak Ram v. The State of U.P., “the court held that evidence of witness cannot be discarded merely because their statement was recorded under section 164. Their evidence must be approached with caution

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[1].

  • According to the case of Sasi v. State of Kerala, the SC held that “it is not necessary to make a confession before an authorized person only. The Supreme Court had said, “Any person to whom a confession has been made can give evidence of it in the court regarding the confession. Also, if it is made to such a person, the court has to look after this. The court needs to see that the person before whom such a confession is being made can be believed or not[2].
Search
  • Meaning

According to the provision of Section 165 of code, the investigating officer has been given the power to search any place if he has a reasonable reason for the same. Such a search must be related to the investigation only and can only be done out of prior necessity.  The warrant for a search can be issued to the officer according to the grounds of Section 93 of the Criminal Procedure Code, 1973. Also, the search and its detail must be noted in a diary for the purpose of trial proceedings. Its basic aim is to collect evidence which may help in the trial proceedings of the criminal offence so committed.

  • Procedure

The investigating officer has to record the reasons for the search in writing. He has to also mention the place to be searched, the thing to be searched in that place. He has to conduct the search himself and if he is not able to do that then may record his reason in writing of not doing it and may order in writing his any subordinate to proceed with the search according to his instructions. After this, the investigating officer will make a report and send it to the Magistrate, who on the basis of application of the owner of the place will furnish it free of cost. After the search or during it a Search Memo will be made and sent to the Magistrate with the particulars of the search conducted, like the items searched and taken into possession or other.

  • Conducting search of a person and a closed or of the place trespassed by the arrested person

The officer after attaining the warrant for search will search for a closed place or of a person. He may use force if he is not allowed to enter the place. In case a female is to be searched, then a female officer is required with decency. For conducting the search they need a document called Panchnama signed by two respected persons of society called the Panchas.

According to Section 47 of the Cr.P.C, the investigating officer can also search the place while arresting the accused. They can use force for entering according to the “no-knock break-in” principle if not allowed to enter or to surprise the person so that he doesn’t have the chance to escape. Here the accused will not be paid any cost for it.

Production of other documents
  • According to the provision of Section 91 of Code, it is stated that if the court of the investigating officer thinks that if there’s a need for producing any type of document which may be the subject-matter of the offence committed or other for the investigation then the court can either summon that person or the investigating officer can order such person (who is not the accused) in writing to produce that document. The person is bound to produce the document, according to the date and time specified by summon served to him. Such order or summon cannot be served to the accused because asking him for producing any document against him will be considered as self-incrimination according to Article 20 of the Constitution.
  • In case of BL Udaykumar v. State of Karnatakathe Karnataka High Court held that documents which are not a part of the charge-sheet can also be received in evidence for prosecution after the commencement of the trial”. [3]
  • According to the case of H.H. the Nizam of Hyderabad v. A.M Jacob, “the Calcutta High Court held that the document which is needed to be produced must have some relation to, or connection with, the subject-matter of the investigation or inquiry, or throw some light on the proceedings, or supply some link in the chain of evidence”.[4]
  • The section 92 of the Criminal Procedure Code states that any such document mentioned above is with the telegraph or postal authority then the magistrate (executive or judicial) can order them to produce such in the court.
Conclusion

Thus these are the basic attributes of an investigation done under the Criminal Procedure Code of India. But the elements may change if the investigation is done outside the Jurisdiction of the Indian Territory.

According to the provisions of Section 166 and 166A of the code, if the investigating officer founds that the evidence important for the proceedings are outside the country India, then any criminal court of India may issue a letter of authority to the court of that place or country which is outside India’s jurisdiction, to investigate the person related to the case and search for direct or indirect evidence. They may also direct that person to produce the documents related to the case in the court. Then that court will transfer all the items to the Issuing court. Here the investigating officer has to first submit an application to the criminal court then it will take the further steps.

Therefore an investigation whether in India or outside India can only be completed with the aforesaid elements of the procedure of investigation so that the justice could be delivered.

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[1] 1974 AIR 2165, 1975 SCR (1) 753

[2] Crl. MC. NO. 6780 of 2016

[3] Criminal Petition no 4398 of 2018

[4] https://indiankanoon.org/doc/22981/

Also Read: Arrest How Made – Section 46 of the Code of Criminal Procedure, 1973

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