Investigation

Investigation
By: Hifajatali Sayyed

Investigation
• According to sec 2 (h) of CrPC ―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.
• An "investigation" means search for material and facts in
order to find out whether or not an offence has been
committed.
• The duty of the Investigating Officer (IO) is not merely to
bolster up a prosecution case with such evidence as may enable
the Court to record a conviction but to bring out the real
unvarnished truth.
Police officer’s Power to Investigate
• Sec 156 of CrPC gives power to Police Officer to investigate a
cognizable case without the order from a Magistrate. It also
states that action of Police Officer shall not be 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.
• Also the police officer is empowered to investigate a case when a
competent Magistrate orders the police u/s 156 (3) of CrPC
to investigate the case.
• In non-cognizable cases a police officer is authorized to
investigate the case when he receives the order from
Magistrate u/s 155 (2).
Procedure for Investigation
• Sec 157 states that 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.
• State of Maharashtra vs Sarangdharsingh Chavan (2011) 1
SCC 577
• In this case the Court, stated that even without any FIR if a police
officer in charge of a police station has reason to suspect the
commission of cognizable offence, he can proceed to
investigate the offence under section 157(1).
 H.N. Rishbud vs. State of Delhi (AIR 1955 SC 196)
• In this case, the Court stated that investigation under CrPC

constitutes the following processes:
• Proceeding to the spot, to investigate and ascertain the facts and

circumstances of the case,
• take measures to discover and arrest of the suspected offender,
• collection of evidence (the main purpose of an investigation) relating

to the commission of the offence which may consist of:
a) the examination of various persons (including accused) and the

reduction of their statements into writing, if officer thinks fit, and
 H.N. Rishbud vs. State of Delhi Cont….
b) the search of places or seizure of things considered necessary for

the investigation and to be produced at the trial, and
• Formation of the opinion as to whether on the materials collected

there is a case to place the accused before a Magistrate for trial, and
if so, taking the necessary steps for the same by filing a charge-sheet
u/s. 173 Cr.P.C.
 Spot Visit:
• After registration of FIR the police officer shall proceed to the

spot for conducting investigation into the case as per sec
157 of CrPC. This is the stage in which the Investigating Officer
along with his team usually visits the spot in order to ascertain the
facts of the case.
• It is not necessary for the police to always proceed to the

spot for investigation of any case. Sec 157 of CrPC gives
discretionary powers to the Police Officers to visit the spot
depending upon the facts and circumstances of the case.
 Collection of Evidence:
• The collection of evidence involves various steps that comprise the

crucial task of investigation work.
• The object is to collect all available forms of evidence, physical,

documentary and circumstantial, that are necessary for a
comprehensive presentation of the same with regard to
successful and effective prosecution of the case.
• Evidence includes recording of statements, collection of every

material or substance that is associated with the commission of the
offence.
• Physical evidence comprises of finger prints, blood, semen, etc.,

besides those like the instrument used in a case of homicide or
suicide.
• Documentary evidence includes testimonials as statements of

all concerned in a case as also records that exist in paper or in other
forms, like electronic-based.
• Circumstantial evidence is that when all the facts that are

collected in the course of the investigation can be so chronicled
in an orderly fashion as to determine the circumstances under
which the offence was committed or the incident took place.
• The procedure also provides for medico-legal examination of

persons wounded, medico- and chemico-legal examination
of all that is related to obtaining evidence in case of suspicious or
unnatural deaths, and also of such articles that may serve as
exhibits in any medico-legal case.
• The collection of physical evidence is impeded by the lack

of equipment with the Police Officers who always need to fall back
on the expertise of the centrally located units in the district to gather
the necessary suspect materials from the spot for medico and
chemico-legal analysis that could be adduced as crucial evidence.
• The Malimath Committee of 2003 makes certain recommendations
with regard to investigating units. While favoring the use of modern
and forensic technologies right from the commencement of the
investigation, the Committee recommends:
• for the creation of "a cadre of Scene of Crime Officers" for the
preservation of scene of crime and collection of physical evidence there-
from.
• to provide optimal forensic cover to the investigating officers,
the network of Forensic Science Laboratory (FSL) in the country need to
be strengthened, mini-FSL's and Mobile Forensic Units should
also be set up at the district level.
• The Padmanabhaiah Committee on Police Reforms has

observed that where there is a lack of equipment for collecting
physical evidence, as well as the lack of training in its use,
than the police officers rely more on oral testimonies.
• They are, therefore, more oriented to persons and not to

things.
• So the committee recommended every sub-division should have

a mobile forensic science laboratory.
 Examination of Witnesses:
• The examination of witnesses is only one part of the

collection of evidence, included within the meaning of the word
"investigation".
• The role of a witness is paramount in the criminal justice system.

Bentham has observed that witnesses are the eyes and ears
of justice.
• The examination of witnesses are that provided by the

complainant in its information report and that discovered
by the police during the course of the process of
investigation.
• Sec 160 deals with Power of police to require attendance of
witnesses.
• It states that police officer may by order in writing require
attendance of witnesses. Provided that no male person under
the age of 15 years or above 65 years or a woman or a
mentally or physically disabled shall be required to attend
at any place other than the place in which such person
resides.
• This provision is intended to give special protection to
children and women against probable inconveniences that
might cause to them by abuse of police powers.
• Sec 161 deals with examination of witnesses by police. A police

officer making an investigation can examine the person
acquainted with the facts of the case, and reduce the
statement made by such person into writing.
• No oath or affirmation is required in an examination under this

section. Persons to be examined include whosoever may
subsequently be accused of the offence in respect of which the
investigation is made by the police officer.
 Pakala Narayan Swami vs Emperor (AIR 1939 PC 47)
• In this case the Court held that the word any person in section 161
includes any person who may be accused of a crime subsequently.
 Mahabir mandal vs State of Bihar (1972 CrLJ 860)
• In this case, the Court held that the expression “any person
supposed to be acquainted with the facts and circumstances of the
case” includes an accused person because the police suspect
him to have committed the crime and must therefore be
familiar with the facts.
• Under sec 161 it is obligatory on a person examined in the course

of a police investigation to answer all questions put to it
"other than questions the answers to which would have a
tendency to expose him to a criminal charge or to a penalty
or forfeiture.”
• It is important for an effective investigation that every person

questioned by the police officer must be under legal duty to
furnish all the information available with him to the police.
• If a person being legally bound to answer truly all questions relating

to such case refuses to answer any such question, he shall be liable
to be punished u/s 179 (Refusing to answer public servant
authorized to question) of IPC.
• Further, if such person gives an answer which is false, he is

liable to be punished u/s 193 (Punishment for giving false
evidence) of IPC.
• Though sec 161 requires a person to answer truly all

questions relating to a case put to him by the investigating officer,
but at the same time it gives protection to such person
against questions, the answer to which would have
tendency to expose him to a criminal charge.
• Article 20 (3) which provides right against self-incrimination is also

protected under sec 161 of CrPC.
• Sec 161 (3) provides that the police officer may reduce into
writing any statement made to him in the course of an examination
under this section.
• This section gives discretionary powers to police officer so he
may or may not record, any statement made to him during
investigation.
• This appears to be necessary also, as a police officer has to
examine orally large number of people, many of whom may
have no useful information to give.
• It would be a burden on police officer, if he is required by law to
reduce into writing every statement made to him during investigation.
• Sec 161 was amended by the Criminal Law Amendment Act, 2013
which provides that the 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 is alleged to have been committed or attempted shall be
recorded, by a woman police officer or any woman officer.
• Sudhir Kumar vs State (1950) 2 Cal 343
• In this case, the Court stated that Sec 161 Cr.P.C. prohibits the
making of precis of a statement of a witness or merely
recording that one witness corroborates another. The
statement, if recorded, must be recorded as made by a person and
should not be in indirect form of speech.
• Sec 162 of CrPC provides that no statement made by any

person to a police officer in the course of an investigation under
this Chapter, shall, if reduced to writing, be signed by the person
making it; nor shall any such statement or any record thereof,
be used for any purpose, at any inquiry or trial in respect of
any offence under investigation at the time when such statement
was made.
• Sec 162 of CrPC further provides that when any witness is

called for the prosecution in such inquiry or trial whose
statement has been reduced into writing as aforesaid, any part of his
statement, if duly proved, may be used by the accused, and
with the permission of the Court, by the prosecution, to contradict
such witness in the manner provided by section 145 of the
Indian Evidence Act , 1872.
 Tahsildar Singh vs State of UP (AIR 1959 SC 1012)
• It is clear from sec 162 that statement not reduced in writing

cannot be used for contradiction. However the Supreme
Court has taken the position that though a particular
statement is not expressly recorded, a statement that can
be deemed to be part of that recorded statement can be
used for contradiction. According to the Court such a fiction is
permissible by construction in the following three cases:
 Tahsildar Singh vs State of UP Cont….
i. when a recital is necessarily implied from the recital or

recitals found in the statement ; illustration: in the recorded
statement before the police the witness states that he saw A
stabbing B at a particular point of time, but in the witness-
box he says that he saw A and C stabbing B at the same point of
time; in the statement before the police the word " only " can
be implied, i.e., the witness saw A only stabbing B.
ii. a negative aspect of a positive recital in a statement;

illustration: in the recorded statement before the police the
witness says that a dark man stabbed B, but in the witness-
box he says that a fair man stabbed B; the earlier statement must
be deemed to contain the recital not only that the culprit was a
dark complexioned man but also that he was not of fair
complexion.
iii. when the statement before the police and that before the
Court cannot stand together; illustration: the witness says in
the recorded statement before the police that A after stabbing B
ran away by a northern lane, but in the Court he says that
immediately after stabbing he ran away towards the southern
lane; as he could not have run away immediately after the
stabbing, i.e., at the same point of time, towards the northern lane
as well as towards the southern lane, if one statement is true,
the other must necessarily be false.
• Sec 162 of CrPC does not affect the provisions of s. 27 of

the Indian Evidence Act and therefore information leading to the
discovery of a fact made to the police and admissible under s. 27 of
the Indian Evidence Act, is not rendered inadmissible under this
section.
• As also s. 162 does not affect a dying declaration recorded

during investigation u/s. 32 of the Indian Evidence Act and thus is
admissible in evidence.
 Recording of confessions and statements by Magistrate:
• The confession made by the accused to the police officer is not

admissible according to sec 25 of Evidence Act.
• Also any statement made by the witness if recorded by the

police officer during the course of investigation is not
admissible as per sec 162 of CrPC.
• By and large the police are not as yet considered trustworthy.

It is apprehended that any power given to the police to record
confessions is more likely to be misused and the police officers
might in the exercise of such power fabricate confessions.
• Therefore, sec 164 of CrPC provides a special procedure for

recording the confessions by Magistrate after ensuring that
the confessions are made freely and voluntarily, and or not made
under any pressure or influence.
• Sec 164 (1) states that any Metropolitan Magistrate or

Judicial Magistrate may, whether or not he has jurisdiction in the
case, record any confession or statement made to him in the
course of an investigation under this Chapter or under any other law
for the time being in force, or at any time afterwards before the
commencement of the inquiry or trial.
• The provision specifically empowers a judicial magistrate to

record confession. The object behind enacting this provision is to
create the safeguard for the benefit of the accused person.
• The reason behind giving this power to judicial magistrate is that

the magistrate must exercise his judicial knowledge and
wisdom to find out whether it is voluntary or not.
• Confessions or statements can be recorded at any time before the

commencement of inquiry or trial.
• Another safeguard was created for the benefit of the accused

person by way of Amendment Act in 2009 which states that any
confession or statement made under this sub-section may also
be recorded by audio-video electronic means in the
presence of the advocate of the person accused of an offence.
• It also states that no confession shall be recorded by a police

officer on whom any power of a Magistrate has been
conferred under any law for the time being in force.
• Duties of Magistrate while recording the confession is also given
u/s 164.
• It states that the Magistrate shall, before recording any such
confession, explain to the person making it that-
 he is not bound to make a confession and
 that, if he does so, it may be used as evidence against
him.
• The Magistrate shall not record any such confession unless, upon
questioning the person making it, he has reason to believe that it is
being made voluntarily.
• Sanatan vs State (AIR 1953 Ori 149)
• In this case, the Court held that it is very necessary that the
Magistrate before recording the confession should disclose his
identity to such person so as to assure him that he is no
longer in the hands of police.
• Punia Mallah vs Emperor (AIR 1946 Pat 169)
• In this case, the Court stated that if after giving warning, the
recording of warning is postponed to another day or if the
recording continues on another day, a fresh warning is
necessary before a confession is recorded on another day.
• Aher Raja Khima vs State of Saurashtra (1956 CrLJ 426)
• In this case, the Court held that after giving warnings to the person
making a confession, the Magistrate should give him adequate
time to think and reflect.
• Normally a person coming from police custody is sent to

judicial custody at least for a day before his confession is recorded.
However as such there is no statutory provision for giving an interval of
24 hours to the accused person.
• The object of giving such time for reflection to the accused person is to
ensure that he is completely free from police influence.
• Section 164(3) provides that if at any time before the

confession is recorded, the person appearing before the
Magistrate states that he is not willing to make the confession,
the Magistrate shall not authorise the detention of such
person in police custody.
• Gurubaru Praja vs R (1950) 51 CrLJ 72
• In this case, the Court stated that every inquiry must be made
from the accused as to the custody from which he was
produced and the treatment he had been receiving in such custody.
• Gurubaru Praja vs R Cont……
• Further the Court stated that the accused should be asked the reason
why he is going to make a statement which would surely go against
his self-interest. And he should be told that if subsequently he
withdraw his confession, still it will be used as an evidence against
him.
• Sec 164 (4) of CrPC deals with the manner in which

confession is to be recorded.
• It provides that any such confession shall be recorded in the manner

provided in section 281 for recording the examination of an
accused person and shall be signed by the person making the
confession.
• Sec 281 states that whenever the accused is examined by a

Magistrate, he shall make a memorandum of the substance
of the examination of the accused in the language of the Court and
such memorandum shall be signed by the Magistrate.
• Sec 281 (2) states that the whole of such examination, including every
question put to him and every answer given by him, shall be
recorded in full by the presiding Judge or Magistrate himself.
• Sec 281 (3) states that the record shall, if practicable, be in the
language in which the accused is examined or, if that is not
practicable, in the language of the Court.
• Sec 281 (4) states that the record shall be shown or read to the
accused, or, if he does not understand the language in which it is
written, shall be interpreted to him in a language which he
understands, and he shall be at liberty to explain or add to his
answers.
• Sec 281 (5) states that It shall thereafter be signed by the accused
and by the Magistrate or presiding Judge, who shall certify
under his own hand that the examination was taken in his presence
and hearing and that the record contains a full and true account of
the statement made by the accused.
• Sec 164 (4) states that the Magistrate shall make a memorandum
at the foot of such record to the following effect:—
• I have explained to (name) that he is not bound to make a
confession and that, if he does so, any confession he may make may be
used as evidence against him and I believe that this confession was
voluntarily made. It was taken in my presence and hearing, and
was read over to the person making it and admitted by him to
be correct, and it contains a full and true account of the statement
made by him.
(Signed) A. B.
Magistrate.
• Sec 164 (5) deals with any statement (other than confession)
recorded by Magistrate.
• It states that the such statements shall be recorded as provided for

the recording of evidence as is, in the opinion of the Magistrate, best
fitted to the circumstances of the case; and the Magistrate shall
have power to administer oath to the person whose statement
is so recorded.
• The Criminal Law Amendment Act 2013 inserted a sub-clause

(5A) under sec 164.
• It states that in cases punishable 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, the Judicial Magistrate shall
record the statement of the person against whom such
offence has been committed in the manner prescribed in sub-
section (5), as soon as the commission of the offence is brought to
the notice of the police.
• It further provides that if the person making the statement is

temporarily or permanently mentally or physically disabled,
the Magistrate shall take the assistance of an interpreter or a
special educator and it shall also be video-graphed.
• Also if a person is mentally or physically disabled, the

statement recorded shall be considered as a statement in lieu
of examination-in-chief, such that the maker of the statement
can be cross-examined on such statement, without the
need for recording the same at the time of trial.
• Sec 164 (6) provides that the Magistrate recording a confession or

statement under this section shall forward it to the Magistrate
by whom the case is to be inquired into or tried.
• Such record is admissible in evidence even though the

Magistrate making the record is not called as a witness to
formally prove it at the trial because of sec 80 of Evidence Act.
• Sec 80 of Evidence Act states that if any document is produced

before a Court regarding a statement or confession signed by any
Judge or Magistrate, the Court shall presume— that the
document is genuine.
Panchanama
• The word panchanama is not defined anywhere.
• The object of panchnama is to check veracity and truthfulness

of the action taken by Officers of State.
• In criminal cases it is used to support the substantive

evidence.
• The word panchanama consists of two words, panch and nama. In

Sanskrit the word panch means respectable person and nama a
written document.
• The panchanama accounts state to things which were found at

particular place at particular time.
Contents of Panchanama
 In Panchanama the following things can be said to be incorporated.
• Name and place of police Station,
• Name and rank of officer commencing panchanama,
• Name, age and address of panchas (witnesses),
• Details of particular place or persons,
• Detail list of articles found in that place or from the person which
are incriminating,
• Record of time when it was commenced and when it ended.
• Signatures of that officer and both of panchas.

Contents of Panchanama
• It is also important that after preparation of panchanama the
panchas should read its contents. If the panch is illiterate
then such panchanama should be read over to him and there
should be endorsement that the contents of panchanama were read
over to them.
• In case where at time of making panchanama there was no

source of light then it should be mentioned as to how the
source of light was managed to prepare panchanama.
Kinds of Panchanama
 Spot Panchanama:
• This panchanama is generally drawn by Investigating Officer when

he visits the place of crime. When informant shows the
Investigating Officer place of crime then in presence of two
panchas (witnesses) the Investigating Officer draws spot
panchanama. In this panchanama there are details of what
where the position of scene of crime after the crime. For
example, if there is allegation of theft then generally in such
panchanama it is found that the articles on the place of
crime were scattered and cupboard or safe was broken.
Kinds of Panchanama
 Spot Panchanama:
• So also in accident cases the tyre marks are often

mentioned in this panchanama which shows that accused
was driving his vehicle in speed or he tried to avoid accident.
This panchanama corroborates the fact that incident had taken
place.
Kinds of Panchanama
 Memorandum Panchanama:
• The statement made by accused in police custody is

recorded before panchas and panchanama is drawn, such
panchanama is called memorandum panchanama.
• If there is statement made by accused in police custody admitting

the guilt and further giving information about such things of which
he only has knowledge and such thing is found in that
particular place then such discovery is relevant.
Kinds of Panchanama
 Memorandum Panchanama:
• For example, in murder case the accused in police custody can

reveal as to where he has hidden the murder weapon and in
consequences of such information that weapon is found in that
particular place, then such fact can be proved in Court even if the
statement is given in police custody.
Kinds of Panchanama
 Seizure Panchanama:
• Whenever the Investigating Officer founds any articles

which he think that are necessary for proper investigation
then such officers seized those articles from that place or person.
• While making such seizure he draws panchanama which is

often called seizure panchanama.
• The seizure of article can be from informant, accused or any

third person depending upon the facts and circumstances of the
case.
Kinds of Panchanama
 Inquest Panchanama:
• When any person dies due to the result of crime or under

suspicious circumstances, then the inquest panchanama is
prepared.
• In this panchanama the details of how the dead body is lying

and descriptions such as of any mark of injuries found on
person of deceased, apparent cause of death or by what
weapon or instrument such marks appear to have been inflicted are
to be mentioned.
• This panchanama helps to find out whether at the first sight of

dead body it can be gather that cause of death is unnatural.
Kinds of Panchanama
 Arrest Panchanama:
• Whenever the police officer carry out arrest of any person then such
panchanama is drawn.
• In this panchanama the physical appearance, identification marks

and articles found on arrested person is mentioned.
Kinds of Panchanama
 Other Panchanamas:
• In anti-corruption cases pre-trap panchanama and post-trap
panchanama are prepared.
• In accident cases the panchanama about the condition of vehicles
involved in accident have special importance.
• Panchanamas are also done of test identification of accused or for
identifying property involved in crime.
• In Prevention of Food Adulteration Act for safety and to give
authenticity to their actions, the Food Inspectors prepared
panchanama in presence of two panchas of all the action taken by
them.
Kinds of Panchanama
 Evidentiary Value of Panchanamas:
• The primary intention behind the panchanama is to guard
against possible tricks and unfair dealings on the part of
the officers entrusted with the execution of the search with or
without warrant and also to ensure that anything
incriminating which may be said to have been found in the
premises searched was really found there and was not
introduced or planted by the officers of the search party.
• The legislative intent was to control and to check these malpractices
of the officers, by making the presence of independent and
respectable persons compulsory for search of a place and seizure of
article.
Kinds of Panchanama
 Evidentiary Value of Panchanamas:
• The panchanama can be used as corroborative piece of

evidence. It is not substantive piece of evidence.
• In absence of any substantive piece of evidence only relying upon

panchanamas on record there cannot be conviction.
Kinds of Panchanama
 Yakub Memon vs State of Maharashtra (2013) 13 SCC 1
• In this case, the Court stated that Panchanama is a document

having legal bearings which records evidence and findings
that an officer makes at the scene of an offence. The
document so prepared needs to be signed by the investigating officer
who prepares the same and at least by two independent and
impartial witnesses called 'Panchas‘.
• The witnesses are required to be not only impartial but also

'respectable'. 'Respectable' here would mean a person who
is not disreputed.
Kinds of Panchanama
 Yakub Memon vs State of Maharashtra Cont…
• One should also check if the witnesses are in their senses at
the time of panchanama proceedings. Only majors are to be
taken as witnesses as minors witness my not withstand the legal
scrutiny.
• The Court further stated that on any deviation from the
procedure, the entire panchanama cannot be discarded
and the proceedings are not vitiated. If any deviation from the
procedure occurs due to a practical impossibility then that
should be recorded by the I.O. In his file so as to enable him to
answer during the time of his examination as a witness in the court
of law.
Kinds of Panchanama
 Yakub Memon vs State of Maharashtra Cont….
• Where there is no availability of panch witnesses, the I.O.

will conduct a search and seize the articles without
panchas and draw a report of the entire such proceedings which
is called a 'Special Report'.
Search and Seizure
• Searches are also proceedings for the collection of evidence
and therefore part of investigation.
• In order to recover physical evidence police must search the

premises and seize inculpatory articles from persons and
places.
• Search also means to find out the accused connected with any
offence, who may have concealed itself in certain premises, hence
entry into the premises to search for the accused is imperative.
• During the process of investigation, the investigating police officer

has the power to make search and seizure with and without
search warrants from a magistrate.
Search and Seizure
 Search with warrant:
• Sec 93 states that a search-warrant can be issued only in three
cases:
• Where the Court has reason to believe that the
person summoned to produce a document or thing
will not produce it.
• Where the document or thing is not known to be in
the possession of any person.
• Where a general inspection or search is necessary.
• The Court may specify the place to which the warrant extend
also the person charged with the execution of such warrant.
Search and Seizure
• Sec 94 deals with search of place suspected to contain stolen

property, forged documents or any objectionable articles.
• If the Magistrate (District Magistrate, Sub-divisional Magistrate or

Magistrate of First Class) upon information and inquiry has
reason to believe that any place is used for the deposit or sale of
stolen property, or for the deposit, sale or production of any
objectionable article then he may issue warrant authorizing a police
officer (above the rank of Constable):
Search and Seizure
• To enter, with such assistance as may be required, such place,
• To search the same in the manner specified in the warrant,
• To take possession of any property or article therein found

which he reasonably suspects to be stolen property or objectionable
article,
• Convey the same to the Magistrate and keep the article safely,
• To take into custody every person found in the place who

appears to be a suspect and produce them before the
Magistrate.
Search and Seizure
• Sec 97 deals with search for persons wrongfully confined.
• It states that where a person is confined under such
circumstances that the confinement amounts to an offence
of wrongful confinement (Section 340, I.P.C.), a search warrant
may be issued by District Magistrate, Sub-divisional Magistrate or a
Magistrate of the first class for the person so confined.
• Here must has reason to believe that the person is wrongfully
confined.
• The person confined should be immediately taken to the
Magistrate.
Search and Seizure
• Sec 98 deals with power to compel restoration of abducted
females.
• It states that upon complaint made on oath of the abduction or
unlawful detention of a woman, or a female child under
the age of eighteen years for any unlawful purpose, a
District Magistrate, Sub-divisional Magistrate or Magistrate of the
first class may make an order for the immediate restoration
of such woman to her liberty, or of such female child to her
husband, parent, guardian or other person having the lawful
charge of such child, and may compel compliance with such order,
using such force as may be necessary.
Search and Seizure
• The difference between sec 97 and sec 98 is that sec 97 refers to

any person confined wrongfully whereas sec 98 deals
specifically with abduction or unlawful detention of a
woman, or a female child under the age of eighteen years
for any unlawful purpose.
Search and Seizure
 Search without warrant:
• Section 165 CrPC is enacted as an exception to this general law of

searches because it is recognized that in certain exceptional
emergencies it is necessary to empower responsible police
officers to carryout searches without first applying to the
courts for authority.
• The legislature has, however, attempted to restrict and limit

the powers of the police under the section and provided the
concerned citizens with safeguards in order to prevent the
abuse of the powers.
Search and Seizure
• Section 165 states that an officer-in-charge of a police station or an

investigating officer, having reasonable grounds for believing
that anything necessary for the purpose of investigation of
any offence which he is authorized 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,
may search the place.
Search and Seizure
• Before making the search, the investigating police officer must
record his grounds of his belief; specify therein the thing for which
the search is made. This is known as “record of reasons.”
• If the investigating police officer is unable to conduct the search in
person, he may require any officer subordinate to him to make
the search, after recording in writing his reasons for so doing.
• The subordinate police officer so deputed should be given
order in writing specifying the place where and the thing for
which the search is to be made.
• Copies of records made above should be sent to the nearest
Magistrate empowered to take cognizance of the offence
Search and Seizure
 General Principles of Search:
• Sec 100 provides the procedure to be followed during the search.
• It states that the free ingress and reasonable facilities are to be

made under both for search under a warrant as well as for a search
without a warrant by the person who resides there or who is in-
charge of that place.
• If the Police officer is unable to get entry on a place for

conducting search than can break open an outer or inner door
or window of any house or place if after notification of his
authority and purpose, and demand of admittance duly made, he
could not otherwise obtain admittance.
Search and Seizure
• In order to prohibit any person stealthily taking away with

him any article or thing for which the search of a place is to be
made, sub-section (3) of Section 100 provides for the search of
such a person. The provision is necessary to prevent the object of
the search getting frustrated. If the person to be searched is a
woman, then, in order to protect her modesty it has been
provided that the search shall be made by another woman
with strict regard to decency.
Search and Seizure
• The search is to be made in the presence of at least two
independent and respectable inhabitants of the locality in which
the place to be searched is situated. However, if no such inhabitant of
the said locality is available or willing to be a witness to the search, the
search can be made in the presence of persons of other locality. What is
more important to be emphasized is the respectability of the witness
rather than his locality or independence.
• The object of the provision is to guard against possible unfair
dealings on the part of the persons authorized to search and
ensure that anything incriminating which may be said to have been
found in the premises searched was really found there and was not
introduced by the members of the search-party.
Search and Seizure
• Search shall be conducted in the presence of panch witnesses. List
of all things seized in the course of the search and of the
places in which they are respectively found shall be
prepared by the police officer or other person making the search
and shall be signed by the panch witnesses.
• The occupant of the place of search, shall in every case be
permitted to attend during the search. Denial of such
permission may cause suspicion as to the reliability of the
discoveries made out. A copy of the list prepared under this
section, signed by the said witnesses, shall be delivered to such
occupant or person.
Search and Seizure
• When any person is searched, a list of all things taken

possession of shall be prepared, and a copy thereof shall be
delivered to such person.
• Any person who, without reasonable cause, refuses or neglects to

attend and witness a search, when called upon to do so by an
order in writing delivered or tendered to him, shall be deemed to
have committed an offence under section 187 (Omission to
assist public servant) of the Indian Penal Code.
Search and Seizure
 Seizure:
• Sec 102 of CrPC empowers the police officer making any search to
seize any incriminating things other than those specified things for
which search is made. Such powers are necessary for effective
discharge of police function.
• Sec 102 provides that any police officer may seize any property
which may be alleged or suspected to have been stolen, or
which may be found under circumstances which create
suspicion of the commission of any offence.
Search and Seizure
 Seizure:
• It also provides that the police officer shall report the seizure to
the Magistrate having jurisdiction and
• where the property seized is such that it cannot be conveniently
transported to the Court, or
• where there is difficulty in securing proper accommodation
for the custody of such property, or
• where the continued retention of the property in police custody
may not be considered necessary for the purpose of
investigation,
• he may give custody to any person on his executing a bond
undertaking to produce the property before the Court as and
when required.
Search and Seizure
 Seizure:
• M T Enrica Lexie vs Doramma (2012) 6 SCC 760
• In this case, the Court identified the property liable to seizure as:
• Stolen or suspected to be stolen property,
• Property which has direct link with commission of crime.
• The object of crime should also be considered while seizing the

property.
Search and Seizure
 Seizure:
• State of Maharashtra vs Tapas Neogy (1999) 7 SCC 685
• In this case, the Court held that the police officers are
empowered to stop the operation of the bank accounts of
the accused under section 102 of CrPC.
• Here the Court held that if there can be no order of seizure of

bank account of the accused then the entire money deposited
in a bank which is ultimately held in a trial, could be withdrawn
by the accused and the court would be powerless to get the
said money which has any direct link with the commission
of the offences.
Search and Seizure
 Seizure:
• State of Maharashtra vs Tapas Neogy Cont…..
• So the Court stated that the bank account of the accused is

considered as property within the meaning of sec 102 of
CrPC and the police officer in the course of investigation can
seize or prohibit the operation of the said account if such
assets have direct link with the commission of offence.
Search and Seizure
 Seizure:
• M. P. Sharma vs Satish Chandra (AIR 1954 SC 300)
• In this case, an investigation was ordered by the government under

the companies Act which was in liquidation on the ground that it
had made an organized attempt to embezzle its funds and to conceal
the true state of its affairs from the shareholders and so an FIR was
registered u/s 406, 408, 409, 418, 420, 465, 467, 468, 471 and 477
(a) of the Indian Penal Code.
• Offences were registered and search warrant were issued, during the
course of which records were seized.
Search and Seizure
 Seizure:
• M. P. Sharma vs Satish Chandra Cont…..
• Herein a petition was filed challenging the constitutional validity

of the searches. The contentions raised are that the fundamental
rights of the petitioners under article 20 (3) and article 19(1)(f) have
been violated by the searches in question.
• Here the Court held that a search and seizure is only a

temporary interference with the right to hold the property
searched and the articles seized. Statutory recognition in this behalf
is a necessary and reasonable restriction and cannot per se
be considered to be unconstitutional.
Search and Seizure
 Seizure:
• M. P. Sharma vs Satish Chandra Cont…..
• The Court further stated that a search and seizure of a document

under the provisions of the Code of Criminal Procedure is not a
compelled production thereof within the meaning of art.
20 (3) and hence does not offend the said Article.
• A power of search and seizure is, in any system of jurisprudence, an

overriding power of the State for the protection of social
security and that power is necessarily regulated by law.
Search and Seizure
 Seizure:
• V. S. Kuttan Pillai vs Ramakrishnan (AIR 1980 SC 185)
• In this case, the complainant (respondent) filed a complaint before

the Magistrate stating that the accused committed an offence u/s
403, 409, 420 and 477A read with s. 34, Indian Penal Code.
• So the Magistrate issued a search warrant and it was executed and

certain books, vouchers and papers were produced before the Court.
• Here the accused (petitioner) approached the Court stating that

the search warrant issued by the court amounts to violation of
Article 20(3) of the Indian Constitution.
Search and Seizure
 Seizure:
• V. S. Kuttan Pillai vs Ramakrishnan Cont....
• Here the Court held that the immunity against self incrimination
extends to any incriminating evidence which the accused may be
compelled to give but does not extend to cover a situation
where evidence which may have tendency to incriminate
the accused is being collected without compelling him to
be a party to the collection of the evidence.
Search and Seizure
 Seizure:
• V. S. Kuttan Pillai vs Ramakrishnan Cont....
• Further the Court stated that merely because the accused is

occupying the premises to be searched it cannot be said
that by such search and consequent seizure of documents,
including the document which may contain statements attributable
to the personal Knowledge of the accused and which may have a
tendency to incriminate him, would violate the constitutional
guarantee against self- incrimination because he is not
compelled to do anything.
Final Report
• There are three different kinds of reports to be made by police
officers at three different stages of investigation.
• Section 157 requires a preliminary report from the officer in charge

of a police station to the Magistrate.
• Section 168 requires reports from a subordinate police officer to

the officer in charge of the station.
• Section 173 requires a final report of the police officer as soon as

investigation is completed to the Magistrate.
Final Report
• Section 173 of CrPC places a mandatory duty upon the
Investigating Officer to place all detailed materials, before
the Magistrate, so that he may consider the same and decide
for himself whether it is a fit case for taking cognizance or not.
• Sec 173 (1) states the necessity to complete the investigation

expeditiously by giving a general direction that every
investigation shall be completed without unnecessary
delay.
• Sec 173 (1A) provides that the investigation in relation to rape

of a child may be completed within three months from the date
on which the information was recorded by the officer.
Final Report
• Section 173 (2) of CrPC states that as soon as investigation is
completed, the officer in charge of the police station shall forward to
a Magistrate, a report in the form prescribed by the State
Government, stating:
• the names of the parties;
• the nature of the information;
• the names of the persons who appear to be acquainted with
the circumstances of the case;
• whether any offence appears to have been committed and,
if so, by whom;
• whether the accused has been arrested;
Final Report
• whether he has been released on his bond and, if so, whether
with or without sureties;
• whether he has been forwarded in custody under section 170.
• whether the report of medical examination of the woman

has been attached where investigation relates to an offence under
section 376, 376A, 376B, 376C, 376D or section 376E of the
Indian Penal Code.
Final Report
• The police officer submitting the report is also required to
communicate the action taken by him, to the person who has
given the information relating to the commission of the offence.
• Along with this report the police officer shall forward to the
Magistrate:
a) all documents or relevant extracts thereof on which the

prosecution proposes to rely other than those already sent to the
Magistrate during investigation.
b) the statements recorded under section 161 of all the persons

whom the prosecution proposes to examine as its witnesses.
Final Report
 Supplementary report on further investigation:
• Filing of report u/s 173 does not preclude the police officer
from carrying on further investigation.
• If the investigating officer finds additional evidence as to the

guilt or innocence of the accused person it would be in the
interest of the justice to allow such officer to make further
investigation and send supplementary report to the concerned
Magistrate. This has been provided u/s 173 (8) of CrPC.
Final Report
 Abhinandan Jha vs Dinesh Mishra (AIR 1968 SC 117)
• In this case, the Court stated that the Magistrate receiving the
report has no power to direct the police to submit a
particular kind of report, if he considers the conclusion
reached by the police officer as incorrect, he may direct the
police officer to make further investigation.
• He may or may not take cognizance of the offence disagreeing

with the police, but he cannot compel the police to submit a
charge-sheet so as to accord with his opinion.

Investigation

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Investigation

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Investigation

By: Hifajatali Sayyed

• In this case, the Court stated that investigation under CrPC

• Proceeding to the spot, to investigate and ascertain the facts and

• take measures to discover and arrest of the suspected offender,

• collection of evidence (the main purpose of an investigation) relating

a) the examination of various persons (including accused) and the

b) the search of places or seizure of things considered necessary for

• Formation of the opinion as to whether on the materials collected

• After registration of FIR the police officer shall proceed to the

• It is not necessary for the police to always proceed to the

• The collection of evidence involves various steps that comprise the

• The object is to collect all available forms of evidence, physical,

• Evidence includes recording of statements, collection of every

• Physical evidence comprises of finger prints, blood, semen, etc.,

• Documentary evidence includes testimonials as statements of

• Circumstantial evidence is that when all the facts that are

• The procedure also provides for medico-legal examination of

• The collection of physical evidence is impeded by the lack

• The Padmanabhaiah Committee on Police Reforms has

• They are, therefore, more oriented to persons and not to

• So the committee recommended every sub-division should have

• The examination of witnesses is only one part of the

• The role of a witness is paramount in the criminal justice system.

• The examination of witnesses are that provided by the

• Sec 161 deals with examination of witnesses by police. A police

• No oath or affirmation is required in an examination under this

 Pakala Narayan Swami vs Emperor (AIR 1939 PC 47)

 Mahabir mandal vs State of Bihar (1972 CrLJ 860)

• Under sec 161 it is obligatory on a person examined in the course

• It is important for an effective investigation that every person

• If a person being legally bound to answer truly all questions relating

• Further, if such person gives an answer which is false, he is

• Though sec 161 requires a person to answer truly all

• Article 20 (3) which provides right against self-incrimination is also

• Sudhir Kumar vs State (1950) 2 Cal 343

• Sec 162 of CrPC provides that no statement made by any

• Sec 162 of CrPC further provides that when any witness is

 Tahsildar Singh vs State of UP (AIR 1959 SC 1012)

• It is clear from sec 162 that statement not reduced in writing

 Tahsildar Singh vs State of UP Cont….

i. when a recital is necessarily implied from the recital or

 Tahsildar Singh vs State of UP Cont….

ii. a negative aspect of a positive recital in a statement;

 Tahsildar Singh vs State of UP Cont….

• Sec 162 of CrPC does not affect the provisions of s. 27 of

• As also s. 162 does not affect a dying declaration recorded

• The confession made by the accused to the police officer is not

• Also any statement made by the witness if recorded by the

• By and large the police are not as yet considered trustworthy.

• Therefore, sec 164 of CrPC provides a special procedure for

• Sec 164 (1) states that any Metropolitan Magistrate or

• The provision specifically empowers a judicial magistrate to

• The reason behind giving this power to judicial magistrate is that

• Confessions or statements can be recorded at any time before the

• Another safeguard was created for the benefit of the accused

• It also states that no confession shall be recorded by a police

• Aher Raja Khima vs State of Saurashtra (1956 CrLJ 426)

• Normally a person coming from police custody is sent to

• Section 164(3) provides that if at any time before the

• Gurubaru Praja vs R (1950) 51 CrLJ 72

• Gurubaru Praja vs R Cont……

• Sec 164 (4) of CrPC deals with the manner in which