Power of police officer to investigate and there procedure under crpc
Introduction
Chapter XII of Criminal Procedure Code deals with the Information to police and their power to investigate . After recording first information report under section 154 of crpc , police officer has the power to arrest the against whom information has been given and investigate the cognizable case under section 156 and procedure of investigation is given under section 157.
Information recoded by police under section 154
If the informant give the information about a cognizable case then it is the duty of the police officer to record the information and read over the information to informant .
( Cognizable offences means when police officer arrest without warrant).
Investigation of cognizable cases
Section 156 of crpc speaks about the investigation in cognizable cases. In congizable case any officer in charge have the power to investigate the case without prior order of magistrate . At any stage of proceeding no one shall question that the police officer has no power to investigate the case.
In the case of Surendra Nath V. State of Orissa [2006 CrLj 462 (orissa)] , it was held that a special judge appointed under provision of Prevention and corruption Act 1988 is not a magistrate under section 156(3) of crpc and hence he is not competent to refer a report to police for investigation.
Procedure of investigation under section 157
receive any information of cognizable case
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report send to magistrate
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give order to his subordinate
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investigate the fact and circumstances
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take necessary measure
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if required arrest the offender
When any police officer received any information of congizable case forthwith send a report to magistrate and proceed in person or depute his subordinate to proceed to spot and investigate into the matter
The police officer shall not investigate under following condition
(a) if the officer in charge has reason to believe that the offense is not of serious nature and it is given against any person by name.
(b) if it appears to the police officer that there is no sufficient ground for investigation .
The recording of statement of rape victim shall be recorded at place of her choice or any comfortable place in the presence of women police officer.
If the police officer didn't investigate the case under (a) and (b) of sub section (1) then police officer have to mention the reason for not complying with the provision in his report .
In Malkhan singh V State of Madhya Prades ,
the court held that the fir is not a substance peace of evidence and therefore no conviction can be based on its basis .
Conclusion
A investigation is perform through a process which is given under this code. Investigation is considered as important stage of proceeding as it is form the basis on which judgement is to be given. It is the second stage of proceeding after filling a fir.
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