Investigation is a crucial phase in the criminal justice system, designed to uncover the truth behind a reported offence. It serves as the foundation upon which a prosecution is built. In India, the process of investigation is primarily governed by the Criminal Procedure Code, 1973 (CrPC).
What is Investigation in Criminal Law?
- Investigation refers to the systematic collection of facts and evidence relating to a crime by law enforcement authorities.
- It begins after the registration of an FIR (First Information Report) under Section 154 of the CrPC.
- The goal of an investigation is to identify the offender, collect admissible evidence, and build a case for trial.
Legal Framework for Investigation in India
- Criminal Procedure Code, 1973 – Primary legislation detailing the powers and duties of the police during an investigation.
- Indian Evidence Act, 1872 – Governs the admissibility of evidence gathered during investigation.
- Indian Penal Code, 1860 – Defines the offences that may be subject to investigation.
Stages of Criminal Investigation
1. Filing of FIR (Section 154, CrPC)
- A written document prepared by police when they receive information about a cognizable offence.
2. Visit to Crime Scene (Section 157, CrPC)
- The investigating officer inspects the crime scene, gathers physical evidence, and prepares a site plan or sketch.
3. Examination of Witnesses (Section 161, CrPC)
- Police record statements of persons acquainted with the facts of the case.
4. Search and Seizure (Sections 165 & 166, CrPC)
- If needed, law enforcement conducts searches and seizes items connected to the crime.
5. Arrest of the Accused (Section 41, CrPC)
- The suspect may be arrested based on prima facie evidence or likelihood of absconding.
6. Recording Confessions (Section 164, CrPC)
- Confessions must be recorded by a magistrate, not police, to be admissible in court.
7. Medical Examination (Section 53, CrPC)
- Medical tests may be conducted on the accused or victim to collect forensic evidence.
8. Filing of Charge Sheet (Section 173, CrPC)
- Upon completion of the investigation, a police report (charge sheet) is submitted to the magistrate.
Purpose and Importance of Investigation
- Uncover the truth about the alleged offence.
- Identify and apprehend the offender.
- Collect reliable, admissible evidence.
- Protect innocent persons from false implication.
- Enable the court to deliver justice based on facts and law.
Judicial Oversight of Investigation
- Courts have the power to monitor investigation and ensure it is fair and free from bias.
- Section 156(3), CrPC allows a magistrate to direct the police to conduct an investigation.
- In certain cases, CBI or SIT (Special Investigation Team) may be appointed by courts to ensure impartiality.
Important Case Laws on Investigation
State of Bihar v. J.A.C. Saldanha (1980)
- Emphasized that police have independent power to investigate and courts should not interfere unless investigation is malafide.
Lalita Kumari v. Govt. of U.P. (2013)
- Held that registration of FIR is mandatory if information discloses a cognizable offence.
Nandini Satpathy v. P.L. Dani (1978)
- Affirmed that the accused has the right against self-incrimination during investigation.
Limitations and Challenges in Investigation
- Delay in filing FIR or charge sheet.
- Use of coercion or third-degree methods by police.
- Political interference and bias in high-profile cases.
- Lack of training and forensic infrastructure.