Investigation Procedure in India under CrPC

Investigation Procedure in India under CrPC

Author:- Ritik Kesh (BA LLB Student)

NMIMS Bangalore

The CrPC requires a First Information Report (FIR) and a preliminary police inquiry to gather evidence and establish the case's facts. The police may arrest suspects, question them, search and seize them, and collect forensic evidence including fingerprints, DNA samples, and other physical evidence to support the case. They may examine suspects, victims, and witnesses medically. Police communicate their results to the concerned authority after the inquiry. If they have adequate evidence, they may file a charge sheet in court listing the charges and supporting evidence. The investigation process is vital to bringing the guilty to justice while protecting the accused.

Criminal investigations begin with the First Information Report (FIR) after a victim or eyewitness files a complaint. The inquiry begins with this, its most essential stage. Victims must report crimes verbally or in writing to the nearest police station. The police must write down and get the victim's signature on any verbal information.

Police must launch a preliminary investigation when a FIR is filed in order to gather information and determine the facts of the case.

In the case of Guman Singh v. State of Rajasthan, before the enquiry began, the station house officer and the investigating officer had learned of a murder from an unidentified source.

Hence, the Magistrate must take cognizance of the offence before starting an inquiry.

We have the preliminary inquiry procedure thanks to Section 157 of the CrPC which provides the procedure of preliminary inquiry. After learning of the offence, the police station's official investigates and reports to the Magistrate, who then decides. Police must visit the crime scene to collect evidence and make arrests. They can also refuse to investigate if the case involves non-cognizable offences that require the Magistrate's order. If no grounds exist, the investigating officer is not compelled to investigate. Instead, they can report to the magistrate.

By the introduction of the phrases "home arrest" and "transit remand" in 2021, in the highly publicised case of Gautam Navlakha v. National Investigation Agency, the Supreme Court has also opened the doors of detention to a wider perspective.

From the initial stages to the final ones, these are the steps of investigation are very essential to be followed for an effective outcome of a trial. If there is insufficient evidence against the arrested person, the police may release him if he offers security and agrees to appear before the magistrate.

The police must submit a "challan" or "charge sheet" to the court after the inquiry. After gathering all the evidence, the police present the case to the magistrate. Following the charges, the accused are tried. Police must deliver a charge sheet to the court with all relevant evidence from the investigation under Section 173 of the Criminal Procedure Code (CrPC).

Overall, the investigation process under CrPC in India needs significant improvement in terms of technology, training, coordination, corruption, protection of suspect rights, and accountability. It could be made better by addressing these issues and implementing the suggested improvements. This can help to ensure that the investigation process is fair, efficient, and leads to a speedy trial.