Steps involved in Investigation

Submitted by
Ujjwal Mishra
Division 4th Year Roll No. 17BLWS164 Class of 2017 - 2022

Faculty of Law
Jamia Millia Islamia.
In
April, 2021

Under the guidance of

DR. Mohammad Asad Malik

Associate Professor, Faculty of Law, Jamia Millia Islamia

 CERTIFICATE

The project entitled “Steps Invovled in Investigation” submitted to the Faculty of Law,
Jamia Millia to for CRPC I as part of Internal Assessment is based on my original work
carried out under the guidance of Prof. Asad Malik. The Research work has not been
submitted elsewhere for award of any degree.
The material borrowed from other sources and incorporated in the research paper has
been duly acknowledged.
I understand that I myself would be held responsible and accountable for plagiarism, if
any, detected later on.

Date: April 27, 2021

 INDEX

TITLE PAGE No.

Abstract 4

Introduction 4

Theories of Punishment 5

Deterrent theory of punishment 6

Retributive theory of punishment 9

Preventive theory of punishment 11

Reformative theory of punishment 12

Conclusion 14

Bibliography 16
Introduction :

The investigation literal meaning is a careful examination or search in order to discover

facts or gain information. Investigation is not merely a matter for the police, it has an
affect on the day the trial is conducted and its fair outcome. The term 'investigation' is
defined in
Criminal Procedure Code. Section 2 (h) of C.r.P.C “Investigation includes all the
proceedings under the 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”.
Investigation is a process done by a Police or any other authorised person. Thus,
investigation is a careful search or examination with an intention to discover facts.
It requires a liberal approach : The Honourable apex Court in "Nirmal Singh Kahlon
Vs State of Punjab and others"1, pleased to hold that : "Definition and scope of the
expression investigation and officer In-Charge of a Police Station must receive a liberal
interpretation."
Commencement of Investigation:
The Apex Court in H.N. Rishbud v. the State of Delhi 2 court has opined that an
investigation, in a practical sense, generally comprises of 5 stages:-
1) Investigating officer must go to the place of the offence.
2) Ascertain the facts and circumstances of offence.
3) Arrest of the accused.
4) By recording the statement of accused and seizure of material objects.
5) After collecting evidence, the investigating officer will submit report to the magistrate.

Generally investigation will commence in four ways:-

I) On the basis of FIR in case of cognizable offences as per section 154 of Cr.P.C.
II) On the directions of Judicial magistrate in Non cognizable offences as per section
155(2) of Cr.P.C

1
AIR 2009 Supreme Court,984.
2
AIR 1955, Supreme Court, 196
III) If Magistrate directs Investigating officers to conduct investigation in cognizable
offences in accordance with section 156(3) of Cr..P.C.
IV) When the police officer has the reason to suspect the commission of an offence, then
such I.O can do so as per section 157 of Cr.P.C

How an investigation should be :

In Balinder Kaur Vs State of Punjab3 (Two Judges Bench) Pleased to hold that "The
criminal investigation plays an important and special role in the administration of
Criminal Justice. The investigation must be conducted in an unbiased manner and
investigation must be with objectivity and dispassionate approach to men and matters and
the investigation officer must make a truthful presentation of the materials collected.
Being the foundation stone of the prosecution, the investigation officer must be trained to
adopt proper techniques of investigation and scientific temper must be included in them."
Investigation is subsequent adjudication between police and the Magistrate. The
executive function of the police department. Investigation of an offence is the field
exclusively reserved for the executive through the police department, the superintendence
over which vests in the State Government. The executive which is charged with a duty to
keep vigilance over law and order situation is obliged to prevent crime and if an offence
is alleged to have been committed it is its bounden duty to investigate into the offence
and bring the offender to book. Once it investigates and finds an offence having been
committed it is its duty to collect evidence for the purpose of proving the offence. Once
that is completed and the investigating officer submits report to the Court requesting the
Court to take cognizance of the offence under section 190 of the Code its duty comes to
an end subject to the provision contained in Section 173 (8).

Conclusion :

3
(2015) 2 SCC 62
BIBLIOGRAPHY