Police Power of Investigation
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The document discusses the police's power of investigation in India according to the Code of Criminal Procedure (CrPC). It provides an overview of the police's role in enforcing law and ensuring public safety. The key aspects of police investigation covered are gathering evidence, analyzing information, making reasonable conclusions, and arresting or charging suspects. The CrPC chapters and sections governing information given to police, their powers to investigate cognizable and non-cognizable cases, and the procedures around investigation, questioning witnesses, searches, and submitting investigation reports are summarized.
Police Power of Investigation
- 2. POLICE’S POWER OF INVESTIGATION Presented by Navitha Narayanan M (Volunteer of AFRS)
- 3. POLICE The police is a responsible body of persons commenced by a state, with a view to enforce the law, to make sure the safety, health and possessions of citizens, and to prevent crime and
- 4. INVESTIGATIO N The systematic examination or research of something or someone in order to find out the fact relating to it is called investigation. The investigation is a progression of activities from gathering of evidence, to analysing the information, to develop and validate a theory, to forme reasonable stage to believe, and finally to the arrest or charge of a suspect or to do
- 5. Chapter XII OF CrPC deals with : “Information To The Police And Their Powers To Investigate”
- 6. SECTION 154 – INFORMATION IN COGNIZABLE CASES Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
- 7. SECTION 155 – INFORMATION AS TO NON- COGNIZABLE CASES AND INVESTIGATION OF SUCH CASES (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer, the informant to the Magistrate. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
- 8. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non- cognizable.
- 9. SECTION 156 – POLICE OFFICER’S POWER TO INVESTIGATE COGNIZABLE CASES (1)Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. (2)No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. (3)Any Magistrate empowered under section 190 may order such
- 10. • Section 157 – Procedure for investigation • Section 158 – Report how submitted • Section 159 – Power to hold investigation or preliminary inquiry • Section 160 – Police Officer’s power to require attendance of witnesses • Section 161 – Examination of witnesses by police
- 11. • Section 162 – Statements to police not to be signed: Use of statements in evidence • Section 163 – No inducement to be offered • Section 164 – Recording of confessions and statements • Section 164A – Medical examination of the victim of rape • Section 165 – Search by police officer
- 12. • Section 166 – When officer in charge of police station may require another to issue search-warrant • Section 166A – Letter of request to competent authority for investigation in a country or place outside India • Section 166B – Letter of request from a country or place outside India to a Court or an authority for investigation in India.
- 13. • Section 167 – Procedure when investigation cannot be completed in twenty-four hours • Section 168 – Report of investigation by subordinate police officer • Section 169 – Release of accused when evidence deficient • Section 170 – Cases to be sent to Magistrate when evidence is sufficient
- 14. • Section 171 – Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint • Section 172 – Diary of proceeding in investigation • Section 173 – Report of police officer on completion of investigation • Section 174 – Police to inquire and report on suicide, etc. • Section 175 – Power to summon persons • Section 176 – Inquiry by Magistrate into cause of death
- 15. THANK YOU