Justice V.

Ramkumar,
Former Judge, High Court of Kerala.

Questions on Investigation
Q.30 What is investigation ?
Q.31 What is the object of investigation ?

Q.32 What do you mean by the maxim “contra veritatem lex

nunquam aliquid permittit” and what is its relevance in the
matter of investigation ?

Q.33 Is “investigation” confined to investigation conducted by

the Police only ?
Q.34 What are the statutorily enumerated powers of
investigation of an SHO under the Cr.P.C. ?

Q.35 What are the various steps of investigation to be carried out

by an investigating Police Officer ?

Q.36 Is receipt of “information” a condition precedent for starting

of investigation?

Q.37 Can the SHO who had to mandatorily register an FIR under
Section 154 Cr.P.C, refrain from commencing investigation?

Q.38 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
 Justice V. Ramkumar,
2 Former Judge, High Court of Kerala.

to the spot to investigate the facts and circumstances of the

case. What is the empowerment under Section 156 Cr.P.C. ?

Q.39 Should the copy of the two informations referred to under

Section 157 (1) and (2) Cr.P.C be sent to the Magistrate
forthwith?

Q.40 What are the options available to the Magistrate upon receipt
of report either under Section 157 (1) or under Section 157 (2)
Cr.P.C.?

Q.41 What is the purpose sending a report to the Magistrate

under Section 157 (1) and (2)?

Q.42 Which is the report covered by Section 159 Cr.P.C which

says “on receiving such report”?

Q.43 Is there any special procedure for recording the statement

of a rape victim ?

Q.44 Is not the registration of an FIR, a sine qua non (condition

precedent or indispensable requisite) for the
commencement of investigation?
Q.45 An SHO while sitting in the Police Station received
information at 11 pm that a lorry which is believed to carry
illicitly loaded rice meant for public distribution through
 Justice V. Ramkumar,
3 Former Judge, High Court of Kerala.

ration shops has been spotted in front of a closed shop at

the market. The SHO along with his police party rushed to
the said spot. The SHO interrogated the fidgety accused
who was in custody of the contraband rice. The SHO seized
the bags of rice under a mahazar and also recorded the
statements of the witnesses to the occurrence. The
accused, the seized rice and the seizure documents were
taken to the police station from where the FIR was
registered. Thereafter the Superior police inspector took
over the investigation of the case. After the conclusion of
investigation the accused was charge sheeted for an
offence punishable under the Essential Commodities Act,
1955.
During the trial of the case the Public Prosecutor was seen
using the statements of the mahazar witnesses for the
purpose of corroboration. This was objected to by the
defense lawyer on the ground that the statements are
subjected to the interdict under Section 162 (1) Cr.P.C. The
Public Prosecutor argued that since the statements were
recorded even before the registration of the FIR, the bar
under Section 162 Cr.P.C does not apply. The Prosecutor
relies on Mohindro v. State of Punjab (2001) 9 SCC 581 and
Shashikanth v. CBI (2007) 1 SCC 630 to contend that
whatever steps taken before the registration of the crime,
do not amount to investigation so as to attract the
embargo under Section 162 (1) Cr.P.C. Who is right?
 Justice V. Ramkumar,
4 Former Judge, High Court of Kerala.

Q.46 Is laying of a trap in a corruption case, part of

investigation ?
Q.47 Is it not open to the investigating Police Officers or their
superiors to address letters to the Court for obtaining
judicial orders in pending cases ?
Q.48 Will not the illegality or irregularity of investigation vitiate
the resultant trial ?
Q.49 Is evidence collected by improper or illegal means,
admissible ?
Q.50 Is evidence obtained under an illegal search, admissible
during trial ?
Q.51 Is not the accused entitled to hearing in deciding the
agency to be entrusted with the investigation ?
Q.52 Is there any difference in the nature and purpose of
investigation under Chapter XII Cr.P.C. and under Section
202 (1) Cr.P.C. ?
Q.53 Is it not open to the Special Judge of the State Vigilance
Department trying a case under the Prevention of
Corruption Act, 1988 to order investigation by the CBI ?

Q.54 Where there is a conflict between the provisions of the

CBI Manual and the Cr.P.C. which will prevail ?
 Justice V. Ramkumar,
5 Former Judge, High Court of Kerala.

Q.55 Is not the Court including the High Court entitled to direct
the investigating agency to submit a charge-sheet after
closing the investigation ?

Q.56 Supposing the Investigating Officer files a closure report

to the effect that no case is made out for prosecuting the
accused. Has the Magistrate the authority to disagree
with the Police and take cognizance of an offence made
out by the prosecution records ?

Q.57 Is the Magistrate bound to give notice and opportunity

of hearing to the informant before accepting a closure
report (refer report or refer charge) ?

Q.58 Are not the Courts entitled to interfere with the

investigation of cognizable offence by the Police ?

Q.59 Can a charge – sheet against an absconding accused be

filed merely because sufficient evidence against him is
available ?

Q.60 Has the accused any right to inspect documents in the

custody of the Court whether relied on or not by the
prosecution ?

Q.61 Which are the documents to be supplied to the accused

?
 Justice V. Ramkumar,
6 Former Judge, High Court of Kerala.

Q.62 Can an Officer superior to the SHO conduct investigation

on the basis that he is an officer-in-charge of a Police
station ?

Q.63 Can the Court refuse to take cognizance of the offence for
the reason that charge-sheet is incomplete ?

Q.64 Can the investigation of a case be monitored by the Court

?

Q.65 What is the report filed by the Police before the Court
after the conclusion of investigation ?

Q.66 What is meant by “charge- sheet” or “final report” ?

Q.67 When a charge sheet is filed before the Magistrate, what

are the options available to the Magistrates ?

Q.68 If what has been filed before the Magistrate is a closure

report/ refer report/ refer charge/ final form, what are
the options available to the Magistrate?
 Justice V. Ramkumar,
7 Former Judge, High Court of Kerala.

Questions on “I N Q U I R Y”
Including the holding of INQUEST

Q.69 What is an inquest ?

Q.70 What is an autopsy ?
Q.71 Which is the enabling power of an SHO to hold an inquest
over a dead body ?
Q.72 Should not the SHO obtain the permission of the
Executive Magistrate for holding inquest of the dead body
of a person believed to have died an unnatural death ?
Q.73 What is the purpose of holding an inquest ?
Q.74 Has not the SHO the discretion not to send the dead body
for post mortem examination in a case where he
entertains no doubt regarding the cause of death ?
Q.75 Should not the inquest report contain the incident, the
manner in which the incident took place, name of the
accused etc. ?
Q.76 Is it necessary that the inquest should be held at the spot
where the dead body is found ?
Q.77 Is it correct to say that the FIR loses its authenticity if it is
lodged after the inquest is held ?
Q.78 Do not discrepancy, over-writing, omission or
contradiction in the inquest report, render it liable to be
eschewed from consideration ?
Q.79 Will interpolation in the inquest report render the
prosecution case doubtful ?
 Justice V. Ramkumar,
8 Former Judge, High Court of Kerala.

Q.80 Is it open for the defence to falsify the prosecution version

by relying on a document produced by the prosecution
but not exhibited or formally proved by the prosecution ?
Q.81 Is it usual to mention in the inquest report, a gist of the
FIR and the cause of death as narrated by the witnesses ?
Q.82 Is it not correct to say that both the “inquest report” and
the “post-mortem report” are substantive evidence ?
Q.83 Can the SHO who does an official act by preparing the
inquest report etc., be guilty of causing disappearance of
evidence of offence punishable under Section 201 IPC ?
Q.84 In spite of a written application to the Police to
investigate into the alleged murder of his sister married to
one of the accused persons, the Police did not register it
as an FIR. From the very beginning the Police were
attempting to treat the case as one of suicide. If there are
circumstances to justify an investigation into the
allegation of suspicious murder, is it permissible for the
Court to direct the Police to register the written
application as an FIR ?
Q.85 Are the statements of witnesses given during the inquiry
under Section 174 Cr.P.C., governed by Section 162 Cr.P.C. ?
Q.86 Are not post-mortem report and inquest report “public
documents” and is not the accused entitled to inspect or
receive their copies during the stage of investigation?
Q.87 Are the Police bound to register an FIR as if in a cognizable
offence, in the case of a missing person?
 Justice V. Ramkumar,
9 Former Judge, High Court of Kerala.

Q.88 Are not the statements in the inquest report as to what

the SHO saw and found on the dead body, hit by Section
162 Cr.P.C?
Q.89 Are the statements of witnesses recorded by a police
officer at the time of inquest during an “inquiry” under
Section 174 Cr.P.C, subject to the embargo under Section
162 Cr.P.C ?

Justice V. Ramkumar,
Kochi, Former Judge,
20-08-2020 High Court of Kerala.
 Section 157: Procedure for investigation

(1) If, from information received or otherwise, an officer in charge of a police

station has reason to suspect the commission of an offence which he is
empowered under Section 156 to investigate, he shall forthwith send a report of
the same to a Magistrate empowered to take cognizance of such offence upon a
police report and shall proceed in person, or shall depute one of his subordinate
officers not being below such rank as the State Government may, by general or
special order, prescribe in this behalf, to 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:

Provided that--

(a) when information as to the commission of any such offence is

given against any person by name and the case is not of a serious
nature, the officer in charge of a police station need not proceed
in person or depute a subordinate officer to make an
investigation on the spot;

(b) if it appears to the officer in charge of a police station that there

is no sufficient ground for entering on an investigation, he shall
not investigate the case:

Provided further that in relation to an offence of rape, the recording of

statement of the victim shall be conducted at the residence of the victim or in the
place of her choice and as far as practicable by a woman police officer in the
presence of her parents or guardian or near relatives or social worker of the
locality.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-
section (1), the officer in charge of the police station shall state in his report his
reasons for not fully complying with the requirements to that sub-section, and,
in the case mentioned in clause (b) of the said proviso, the officer shall also
forthwith notify to the informant, if any, in such manner as may be prescribed by
the State Government, the fact that he will not investigate the case or cause it to
be investigated.
 INQUIRY –
Including the holding of INQUEST

By the Police By the Magistrate

(Section 174 Cr.P.C.) (Section 176 Cr.P.C.)

1 When the SHO or some other specially 1 When the case is of the nature
empowered Police Officer receives covered by clauses (i) or (ii) of Section
“information” that a person 174 (3) [which is 3 in column 1] the
nearest Magistrate empowered to
i) has committed suicide, or
hold inquests u/s 174 (4) Cr.P.C.
ii) has been killed by another, or (i.e. any District Magistrate, Sub-divisional
iii) has been killed by an animal, or Magistrate or any other Executive Magistrate
iv) has been killed by machinery, or specially empowered either by the State Govt.
v) has been killed by an accident, or or by the District Magistrate)
vi) has died under circumstances and in any other case mentioned in
Section 174 (1) [which is 1 in column
raising a reasonable suspicion that
1], any Magistrate so empowered
some person has committed an
may hold an inquiry into the cause of
offence,
death either instead of, or in addition
the SHO or the other to, the investigation held by the Police
Police Officer Officer; and if he does so, he shall
a) shall immediately give intimation have all the powers which he has
thereof to the nearest Executive while holding an inquiry into an
Magistrate empowered (under
offence.
Section 174 (4) Cr.P.C.) to hold
inquests, 1.A Where,
AND (a)any person dies or disappears, or
b) shall proceed to the place where (b)rape is alleged to have been
the body of the deceased person is committed on any woman
AND while such person or woman is in the
c) there, in the presence of 2 or more custody of the Police or any other
respectable inhabitants of the custody authorised by the Magistrate
neighborhood,
or the Court, under the Cr.P.C., in
addition to the inquiry or
investigation held by the Police, an
 Justice V. Ramkumar
2 Former Judge, High Court of Kerala

i. shall draw up a report of the inquiry shall be held by the judicial

apparent cause of death Magistrate or the Metropolitan
ii. describing such wounds, fractures,
bruises and other marks of injury as
Magistrate, within whose local
may be found on the body jurisdiction the offence has been
AND committed.
iii. stating in what manner or by what
weapon or instrument (if any) such 2 The Magistrate holding such an
marks appear to have been inflicted inquiry shall record the evidence
taken by him in connection
2 The report shall be signed by the Police therewith in any manner
Officer and other persons who concur hereinafter prescribed, according to
therein and shall be forthwith the circumstances of the case.
forwarded to the District Magistrate
or Sub-divisional Magistrate. 3 Whenever such Magistrate
considers it expedient to make an
3 When examination of the dead body of
(i) the case involves suicide by a any person who has been already
woman within 7 years of her interred, in order to discover the
marriage, or cause of his death, the Magistrate
(ii) the case relates to the death of a may cause the body to be
woman within 7 years of her disinterred and examined.
marriage in any circumstances
raising a reasonable suspicion 4 Where an inquiry is to be held
that some other person committed under this Section, the Magistrate
an offence in relation to such shall, whereever practicable, inform
woman, or
the relatives of the deceased whose
(iii) the case relates to the death of
names and addresses are known
a woman within 7 years of her
marriage and any relative of the and shall allow them to remain
woman has made a request present at the inquiry.
in this behalf, or
5 The Judicail Magistrate or the
(iv) there is any doubt regarding
Metropolitan Magistrate or
the cause of death, or
(v) the Police Officer for any other
Executive Magistrate or Police
reason considers it expedient so Officer holding an inquiry or
to do investigation under sub-section
(1.A) shall, within 24 hours of the
 Justice V. Ramkumar
3 Former Judge, High Court of Kerala

he shall, subject to any State Govt. death of a person, forward the body
Rules, forward the body for for examination to the nearest Civil
examination to the nearest Civil Surgeon or other qualified medical
Surgeon or other qualified medical person appointed in this behalf by
man appointed by the State Govt. the State Govt., unless it is not
 if the state of the weather, possible to do so for examination to
and the nearest Civil Surgeon or other
 the distance so admits, without risk of qualified medicla person appointed
putrefaction on the road rendering by the State for reasons to be
such examination useless. recorded in writing.
Power of the Police Officer
Section 175 (1) Cr.P.C. clothes the Explanation- In this Section, the
Police Officer proceeding under expression “relative” means parents,
children, brothers, sisters and spouse.
Section 174 with the power to
summon persons for the purpose of
his investigation and such person so
summoned shall be bound to attend
and to answer truly all questions
other than questions the answers to
which would have a tendency to
expose him to a criminal charge or to
a penalty or forfeiture.
Section 175 (2) enjoins that if the facts
do not disclose a “cognizable offence”
to which Section 170 applies, such
persons shall not be required by the
Police Officer to attend a Magistrate’s
Court.
 Justice V. Ramkumar,
Former Judge, High Court of Kerala.

STATUTORILY ENUMERATED POWERS OF INVESTIGATION OF

AN SHO UNDER THE Cr.P.C.

Sl.No. S E C T I O N S PURPOSE
1. 4(1) & (2) Procedure to be adopted for investigation of offences
under the Indian Penal Code and other laws.
2. 36 Chapter IV – Part A. Power of superior Police Officers to
investigate an offence.
3. 41 to 60 and 60A Chapter V – Provisions pertaining to arrest of persons
during investigation.
4. 91 to 105 Chapter VII – Provisions pertaining to search and seizure
during investigation.
102 Power to seize property and forthwith report to
Magistrate.
5. 154 Information in cognizable cases. (FIR)
6. 155 Information as to non-cognizable cases and investigation
of such cases.
7. 156 Police officer’s power to investigate cognizable case.
8. 157 Procedure for investigation.
9. 158 Report under Section 157 to the Magistrate to be
submitted through designated superior officer.
10. 160 Police Officer’s power to require attendance of persons
acquainted with the facts and circumstances of the case.
11. 161 Examination by the Police of persons acquainted with
the facts and circumstances of the case.
12. 162 Statements to Police not to be signed and the extent of
user of such statements in evidence.
13. 163 No inducement, threat or promise to be offered by the
Police Officer.
14. 164 (1) to (5) Recording of confessions of accused and statements
(other than confession) of persons by Magistrate.
MAGISTRATE

164 (5-A) (a) Compulsory recording of statements by Magistrate of

victims of certain specified erotic offences.
164 (5-A) (b) Statement so recorded of a person who is temporarily or
permanently mentally or physically disabled, to be
treated as examination-in- chief under Section 137 of the
Evidence Act.
15. 164 A Medical examination of a rape victim.
 Justice V. Ramkumar,
Former Judge, High Court of Kerala.

16. 165 Search by an SHO during investigation either directly or

through a subordinate officer.
17. 166 Request by the SHO to the SHO of another Police Station
to issue search warrant.
18. 166 A Letterogatory for investigation in a country or place
outside India.
19. 166 B Letterogatory from a country or place outside India to a
Court or authority for investigation in India.
20. 167 Procedure to be followed when investigation cannot be
completed in 24 hours.
21. 168 Report of the result of investigation by a subordinate
Police Officer to the SHO.
22. 169 When the investigation does not produce sufficient
evidence or reasonable ground to forward the accused
for trial, SHO to release the accused on his executing
bond.
23. 170 When the investigation has produced sufficient evidence
or reasonable ground to forward the accused or commit
him for trial, the SHO to forward the accused to the
Magistrate after taking security from the accused for his
due appearance.
24. 171 Complainant and witnesses on their way to any Court
not to be required to accompany Police Officer and not
to be subjected to any restraint.
25. 172 Diary of proceedings in investigation (i.e. Police diary or
case diary).
26. 173 Submission of “Police Report” before the Magistrate
upon completion of investigation.
27. 174 and 175 Investigation including inquest into suicide or other cases
of unnatural death.