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    Investigation: Investigation, Custody, Arrest and Bail Rights of The Accused Person in India

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    amulya kaushik
    The document discusses investigation procedures for criminal cases in India according to the Code of Criminal Procedure (CrPC). It notes that investigation is a key part of the criminal justice system but that investigations in India are often inefficient, opaque, and delayed. This means the innocent suffer and culprits get bail or acquittals. The CrPC provides that a police officer may investigate cognizable cases without a magistrate's order, and a magistrate may also order an investigation. However, scientific evidence collection methods are not often used, witness statements are not reliably recorded, and torture is sometimes used during questioning. Overall the document examines legal provisions around investigation in India and issues with how investigations are actually conducted.

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    Investigation: Investigation, Custody, Arrest and Bail Rights of The Accused Person in India

    Uploaded by

    amulya kaushik
    26 views2 pages
    The document discusses investigation procedures for criminal cases in India according to the Code of Criminal Procedure (CrPC). It notes that investigation is a key part of the criminal justice system but that investigations in India are often inefficient, opaque, and delayed. This means the innocent suffer and culprits get bail or acquittals. The CrPC provides that a police officer may investigate cognizable cases without a magistrate's order, and a magistrate may also order an investigation. However, scientific evidence collection methods are not often used, witness statements are not reliably recorded, and torture is sometimes used during questioning. Overall the document examines legal provisions around investigation in India and issues with how investigations are actually conducted.

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    Investigation

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    The document discusses investigation procedures for criminal cases in India according to the Code of Criminal Procedure (CrPC). It notes that investigation is a key part of the criminal justice system but that investigations in India are often inefficient, opaque, and delayed. This means the innocent suffer and culprits get bail or acquittals. The CrPC provides that a police officer may investigate cognizable cases without a magistrate's order, and a magistrate may also order an investigation. However, scientific evidence collection methods are not often used, witness statements are not reliably recorded, and torture is sometimes used during questioning. Overall the document examines legal provisions around investigation in India and issues with how investigations are actually conducted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    26 views2 pages

    Investigation: Investigation, Custody, Arrest and Bail Rights of The Accused Person in India

    Uploaded by

    amulya kaushik
    The document discusses investigation procedures for criminal cases in India according to the Code of Criminal Procedure (CrPC). It notes that investigation is a key part of the criminal justice system but that investigations in India are often inefficient, opaque, and delayed. This means the innocent suffer and culprits get bail or acquittals. The CrPC provides that a police officer may investigate cognizable cases without a magistrate's order, and a magistrate may also order an investigation. However, scientific evidence collection methods are not often used, witness statements are not reliably recorded, and torture is sometimes used during questioning. Overall the document examines legal provisions around investigation in India and issues with how investigations are actually conducted.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Investigation, Custody, Arrest and Bail rights of the accused person in India.

    INVESTIGATION
    Investigation is one of the main and essential parts of Criminal Justice system. An efficient
    and timey investigation is inevitable. In India due to the inefficient opaque and delayed
    investigation innocent has to suffer and the culprit gets the benefit of it, either in form of bail
    or acquittal. Scientific methods of collecting are not used by police in India. Generally they
    do not record the statement of witnesses and they write their own statement (Section 161 of
    Cr.P.C.). When investigating officer fails to find sufficient true evidences they try to include
    false evidences. Investigating officers do not follow the legislative provisions of Cr.P.C. and
    do not respect the procedure established by law and by using barbaric and torture methods are
    used to extract information from accused and in many cases from innocent suspicious person.
    The Code of Criminal Procedure is the main legislation on procedure for administration of
    substantive criminal law in India. It was enacted in 1973 and came into force on 1 April,
    1974. Cr.P.C. provides the machinery for the investigation of crime, apprehension of
    suspected criminals, collection of evidence, determination of guilt or innocence of the
    accused person and the determination of punishment of the guilty. Section 2(h) defines
    investigation as under:-
    Section 2 (h) " investigation" includes all the proceedings under this Code for the collection
    of evidence conducted by a police officer or by any person (other than a Magistrate) who is
    authorised by a Magistrate in this behalf;
    After receiving the information about any offence the process of investigation starts, Section
    154(3) provides about the investigation in cognizable offences as under:-
    Section 154 Information in cognizable cases.
    (3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to
    record the information referred to in subsection (1) may send the substance of such
    information, in writing and by post, to the Superintendent of Police concerned who, if
    satisfied that such information discloses the commission of a cognizable offence, shall either
    investigate the case himself or direct an investigation to be made by any police officer
    subordinate to him, in the manner provided by this Code, and such officer shall have all the
    powers of an officer in charge of the police station in relation to that offence.
    Section 155. Information as to non- cognizable cases and investigation of such cases.
    (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.
    Section 156- Police officer' s power to investigate cognizable case.
    (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 an investigation as
    abovementioned.

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