Topic : Investigation to Final Report

(Sec. 157 to Sec. 173 process)

(Part – I)

By
Dr. Madhuker Sharma
Symbiosis Law School, NOIDA
 Sec. 154

Reason to suspect commission of offence (Sec. 157)

Sec.
Sec. Sec. Sec. Sec. 91
Sec. Sec. 41 311-A
165 164 169
160 &
Sec.
161

Sec. 54 Sec. 53
(duy) (power)
 Sec. 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:
a) Provided that—
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 of

that subsection, 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.

 Whenever an officer in charge of police station or a police officer making an
investigation
 has reasonable grounds for believing
 that anything necessary for the purposes of an investigation into any offence
which he is authorised to investigate
 may be found in any place within the limits of the police station of which he is in
charge, or to which he is attached, and
 that such thing cannot in his opinion be otherwise obtained without undue delay,
 such officer may,
 after recording in writing
 the grounds of his belief and
 specifying in such writing, so far as possible, the thing for which search is to
be made,
 search, or cause search to be made, for such thing in any place within the limits of
such station.
 A police officer proceeding under Sub-Section (1), shall, if practicable, conduct
the search in person.
 If he is unable to conduct the search in person, and there is no other person
competent to make the search present at the time, he may, after recording in
writing his reasons for so doing, require any officer subordinate to him to make
the search, and he shall deliver to such subordinate officer an order in writing,
specifying the place to be searched, and so far as possible, the thing for which
search is to be made; and such subordinate officer may thereupon search for such
thing in such place.
 The provisions of this Code as to search-warrants and the general provisions as to
searches contained in Sec. 100 shall, so far as may be, apply to a search made
under this section.
 Copies of any record made under Sub-Section (1) or Sub-Section (3) shall
forthwith be sent to the nearest Magistrate empowered to take cognizance to the
offence, and the owner or occupier of the place searched shall, on application, be
furnished, free of cost, with a copy of the same by the Magistrate.
 What do we mean by examination?
 How it is different from interrogation?
 How it is different from investigation?
 Who may be termed as witness? Will it include
victim?
 Can Sec. 161 statement be recorded of the accused?
 Who can examine the witness?
 Can S.H.O., if not the I.O., examine the witness?
 Scope & extent of questions that can be asked while
examining the witness?
160. Police officer’s power to require attendance of witnesses.—

 I.O. can order (in writing) any person to appear before him

 This person appears to have knowledge of facts & circumstances

of the case

 This person is bound to appear

 Exception:

 Woman / boy below 15 yrs., / man above 65 yrs. / mentally

disabled person / physically disabled person can not be served

this notice

 Their examination will be conducted at their place only.

 The I.O. or any police officer @ request of the I.O. may examine orally any
person
 The other police officer should be of the rank as per Rule of the State
Govt.
 This person should have knowledge of facts & circumstances of the case
 Summon u/s 160 not necessary to have been issued
 Duty of the witness
 Bound to answer truly all questions
 Exception:
o Witness is not bound to answer question that would expose him to a
criminal charge or to penalty or forfeiture
 It is discretion of the I.O. / P.O. to record or not to record statement of the
witness
 Statement of a woman against whom an offence under section 354, section
354A, section 354B, section 354C, section 354D, section 376, section 376A
section 376B, section 376C, section 376D, section 376E or section 509 of the
Indian Penal Code (45 of 1860) is alleged to have been committed or
attempted shall be recorded, by a woman police officer or any woman
officer
 Statement recorded u/s 161 will not be signed by the witness

 Use of Sec. 161 statement during trial

 Rule:

 statement can’t be used at any inquiry or trial in r/o offence under

investigation

 Can it be used in trial of any other case?

 Exception:

 Sec. 161 statement can be used during trial

 By defense to contradict the witness

 By P.P. (with permission of the Court) to contradict the witness

 Provided, process laid down u/s 145 of the Indian Evidence Act is

followed

 Provided – statement under question is significant and relevant

 What do we mean by contradiction?

 Omission to state fact laid down in Sec. 161 statement

 Omission to state circumstance otherwise laid down in Sec. 161

statement

 Provided – statement under question is significant and relevant

Only relevant portion of S-1 which is in
contradiction will be shown and admitted as
evidence.
P.S.: Cannaught Place
F.I.R. No. 42/01.01.20
Sec. 161 statement of Mr. A, dt. 01.01.20
Mr. A, aged 25 yrs., r/o H.No. 420, Block - A, Sec. 62, Noida, has
stated that, today @ around 9 am, he was going to his office when
he saw a white Maruti Alto car hit a pedestrian who was crossing
the road no. 42, in Block B of Sec. 63 Noida. He was going to
office on his motor-cycle. It is further stated that accident took
place just opposite HDFC bank. The car driver did not stop and
sped away. On being asked, he replied that he could barely take
notice of registration of car which is reported to be DL-10-CF-
7463. He did not stop because public had already gathered there.
Sd/-
XYZ – I.O.
Examination of Mr. A Dt. 01.02.20

Please introduce yourself.

I am Mr. A, aged 35 yrs., r/o………..

Why you have been called to appear before the Court today?
I have been called to give my statement in r/o an accident
that I had witnessed.

What was witnessed by you?

On 1st January, at around 10 am, I was going to my office
when I saw a Maruti car hit a pedestrian who was crossing
the road no. 42, in Block B of Sec. 63 Noida.
Could you recall further detail of the car?
I don’t remember it now.

Where were you going?

I was going to my office.

Please tell to this court, how you were going?

I was on my motor-cycle.

Were you driving the motor-cycle?

Yes, I was driving the motor-cycle.
Where did you see the accident taking place?
I don’t remember exactly; I think it was near some
bank.

Did you take notice of registration no. of the car?

No, I could not take notice of it.

Did you give any detail of car’s registration no. to the

police?
No, I did not give any such detail to the police.