The term 'Police' in a general sense is associated with the maintenance of public order and the protection of citizens from crimes and other dangerous incidents that are unlawful. Police constitute the third most important pillar of the criminal justice system, while the judiciary and prosecution are the other two pillars. Police play a crucial role in the investigation of a crime, and customarily it is the police that first come in contact with the witnesses, victims and accused. To be more specific, police is the one that mainly identifies the accused and helps the prosecution prove the guilt of the accused in the criminal trials, and this is why mainly an investigation is done.

The police have been assigned multifold duties that it has to perform throughout the criminal case. The police are required to hunt for the truth and act in an impartial way to do the same. This article tries to explain the role of police in crime investigation and before that, the article sheds light on what is meant by the term investigation, and thereafter the procedure of the investigation.

As per the criminal law of India, the police is empowered to investigate cognizable offences (Section 2(c), Code Of Criminal Procedure, 1973) without permission of the Magistrate, and for the investigation of non-cognizable offences (Section 2(l) of the Code of Criminal Procedure1973), police must first take permission from the Magistrate.

What is investigation

Etymologically the term 'investigation' connotes the careful examination of something or the search for information to discover facts about a particular situation or circumstance. It is the examination of relevant facts that establishes whether something unlawful has happened, and, the person responsible for such misconduct.

The prime objective behind conducting the investigation is to examine the allegations and shreds of evidence regarding a certain act of misconduct. The investigation further examines whether something beyond the knowledge about the alleged happening of misconduct has happened. The Allahabad High Court in State of U.P v. Sant Prakash (1976) held that investigation is mainly conducted for the collection of evidence, and it must necessarily be conducted by the police officer or any other person authorised by the Magistrate.

"Investigation" is defined under Section 2(h) of the Code of Criminal Procedure (hereinafter referred to as CrPC), 1973. However, Section 2(h) does not provide an exhaustive definition. It states that the word is to include all the proceedings under the CrPC about the collection of evidence. The police officer or any other person authorised by the Magistrate conducts these proceedings referred to in Section 2(h).

Provided, the Magistrate shall not himself conduct these proceedings. In a circumstance where any authority is given the power to deal with an offence (within the authority's jurisdiction), in the exercise of such power, the authority is also empowered to investigate the offence, because the term "dealing with an offence" is to include the power of investigation also. The four elements of the investigation are; case diaries, spot visits, collection of evidence, and, searches and seizures.

Arrest and detention of persons, examination of witnesses, medical examination of the arrested persons, searches conducted for the collection of evidence, and arrangements of raids, all these form part of the investigation. It is important to note that the process of the investigation comes exclusively under the police's domain. The Magistrate does not have control over it but may ask for a case diary at a later stage if deemed necessary.

The investigation is the first stage of a criminal case. While conducting the investigation if the police find out that no offence has been committed, they report it to the Magistrate and the case proceedings come to an end. However, if the police find something, then the second stage of a criminal case begins, i.e., the inquiry, followed by the third stage, the trial.

The investigation start

The starting of an investigation clarifies the activities or further steps to be taken to conclude the alleged happening of misconduct. Gathering of evidence, analysis of the information available, arrest and charging of a suspect, are all a part of the investigation process.

The process of investigation in a cognizable offence begins as soon as police find a reason to suspect the alleged commission of an offence, either based on an FIR or any other suspectable information received by police. The CrPC contains provisions that direct the police to investigate and also lays down the complete procedure for an investigation.

section 154 of the Criminal Procedure Code (CrPC) mandates the recording of information pertaining to cognizable offences by the police officer in charge, whether received orally or in writing. This recorded information, known as the First Information Report (FIR), serves as the foundation for initiating an investigation. The objective is to inform the relevant authorities, such as the Magistrate and District Superintendent of Police, about the offence, ensuring the maintenance of peace and safety.

FIR registration is deemed essential, as highlighted in legal precedents like Ashok Kumar Todi v. Kishwar Jahan (2011), serving as a prerequisite for commencing an investigation. The concept of a "Zero FIR" allows for FIR lodging at any police station regardless of jurisdiction, ensuring prompt action and transfer to the appropriate jurisdiction.

Prompt FIR lodging is crucial for preserving evidence and facilitating a thorough investigation. Delays in FIR lodging hinder investigation spontaneity and may compromise evidence integrity. However, FIRs need not contain exhaustive details; even a simple message received via phone can suffice. It is essential that FIRs mention at least the penal provisions relevant to the offence to facilitate lawful investigation.

Additionally, the concept of "anonymous telephonic messages" as illustrated in Tapinder Singh v. State of Punjab (1970) highlights the necessity of clarity regarding the offence in FIRs. Oral information reduced to writing after an investigation's initiation is considered a statement under Section 161 of the CrPC, not an FIR. Overall, FIRs serve as vital documents initiating legal proceedings and aiding in the pursuit of justice.

Information in case of non-cognizable offences

Information to the police officer in the event of the commission of a non-cognizable offence is dealt with under Section 155 of CrPC. In a situation where the informant has provided information regarding the commission of a non-cognizable offence, the police shall enter such information in the diary maintained by the station as prescribed by the government. The police shall then refer the informant to Magistrate.

It is pertinent to mention that investigation in cases of non-cognizable offence starts only after permission is granted by Magistrate, who has jurisdiction over the trial. The Section mainly forbids police from investigating a non-cognizable offence until and unless permission has been granted by the Magistrate. The powers granted to police under this Section are similar to that given to police in the cognizable offence. Provided that these powers are to be exercised after the permission granted by Magistrate and under no circumstances herein shall police arrest without warrant.

It is important to note that where information has been received which contains more than one offence, in such a case even if one offence is cognizable then the whole case will be treated as cognizable and police may start a further investigation for the same.

Role of police in the investigation of a crime

The police play the most important role in the investigation of a criminal case. Police have to investigate the cognizable case and find the truth as per the provisions of Indian laws. As mentioned earlier police have the power to investigate only cognizable cases, in non-cognizable cases prior permission has to be taken from the Magistrate. Police perform myriad duties while performing investigations in a criminal case, like, making arrests, dispersing an unlawful assembly, taking preventive action and many more. The investigation by police in cognizable offences is a normal preliminary to the trial.

The police have been empowered to investigate cognizable cases under Section 156 of CrPC. The Section states that any officer who is in charge of a police station can start investigating cases consisting of cognizable offences without the permission of the Magistrate. The police officer shall not be brought into question at any stage of ongoing trial on the ground that he was not empowered to investigate under this Section.

The investigation once commenced will only end after the police file a report as stated under Section 173 of CrPC. Under Section 156 the police have the power to investigate a cognizable offence even without the order of a Magistrate. Also, in a situation where the police do not start the investigation by themselves then the Magistrate can order the initiation of investigation as stated under Section 190 of CrPC. The police under this Section can also initiate the investigation process in absence of FIR, provided that the offence must be cognizable.

Arrest of Persons

Among the several tasks that the police perform during an investigation, making arrests of persons who have committed crimes or of someone suspected of committing a cognizable offence is one such crucial function. Provisions relating to the arrest of persons are enumerated in Chapter V of CrPC. A police officer may arrest a person without an arrest warrant or prior permission of the Magistrate.

The offences in which a police officer can arrest without a warrant are specified in Schedule I of CrPC. Let's have an overview of some important powers of arrest that police have while investigating a crime.

Arrest without warrant

The Criminal Procedure Code (CrPC) empowers police officers to make arrests without a warrant under certain circumstances outlined in Sections 41, 42, and 151. Section 41(1) grants police the authority to arrest individuals without a warrant if they have committed a cognizable offence in the presence of a police officer, if a complaint has been lodged against them, or if there is reasonable suspicion of their involvement in a cognizable offence punishable by up to seven years' imprisonment.

Additionally, arrests can be made if the individual possesses stolen property, has been declared a proclaimed offender, obstructs police duties, attempts to escape lawful custody, or is reasonably suspected of deserting the Indian Armed Forces.

However, this power is not absolute and is subject to exceptions outlined in the CrPC and other applicable laws. For example, police cannot arrest individuals for non-cognizable offences without prior permission from a Magistrate as per Section 155(2). The terms "credible information" and "reasonable suspicion" indicate that arrests must be based on definite facts, without ambiguity.

Section 42 allows police to arrest individuals who refuse to provide necessary information, such as their name and residence, in cases of non-cognizable offences. If false information is provided, or true information cannot be ascertained within 24 hours, the individual must be brought before a Magistrate.

Section 151 permits arrests without a warrant to prevent the commission of a cognizable offence, but not merely on the suspicion of a breach of peace.

The landmark case of Arnesh Kumar v. State of Bihar (2014) emphasized that in cases where the offence is punishable by less than seven years' imprisonment, police should avoid unnecessary arrests. The court stressed that Magistrates should not casually or mechanically authorize arrests or detentions. This stance was reaffirmed by the Gujarat High Court in the case of Kamuben Somaji Bhavaji Thakore v. State of Gujarat (2022).

Arrest by warrant

In cases of commission of a non-cognizable offence, police cannot arrest without a warrant or without taking prior information from the Magistrate. A warrant is issued by the Magistrate against a person who has committed any non-cognizable offence to arrest him. Section 70 of the code states that every such warrant issue shall be made in writing and shall remain in course until it is expressly cancelled by the Court.
 Section 70 to 81 of the code deals with the procedure for the arrest with a warrant. When a warrant in writing is issued by the Magistrate, any police officer whose name is mentioned on the warrant can make an arrest. The reasons for the arrest shall be informed to the accused and he shall be presented before the Magistrate without an unnecessary delay.

Guidelines for the conduct of police during the investigation

The investigation conducted by the police is pivotal in determining the outcome of criminal trials, although it is not the sole basis for court reliance. A thorough and accurate investigation aids in convicting the guilty and acquitting the innocent. However, improper or erroneous investigations can lead to miscarriages of justice. As the burden of proof lies with the prosecution, any flaws in the investigation may benefit the accused.

Police conduct during investigations must adhere to principles of impartiality and legality, refraining from unlawful practices that disrupt public order. Section 157 of the Criminal Procedure Code (CrPC) outlines the procedure for police investigations, emphasizing the need for systematic regulation. Investigations into non-serious (non-cognizable) cases require Magistrate permission. Prompt filing of First Information Reports (FIRs) is crucial, as delays may provide opportunities for accused tampering with evidence.

Noncompliance with procedural requirements, as outlined in Sections 154 and 157 of the CrPC, may impact the prosecution's case. Despite this, such lapses do not necessarily invalidate investigations, as courts prioritize the interests of justice to prevent miscarriages.

Sections 41A and 41B of the CrPC provide additional guidelines for police action, allowing for notices to be issued in lieu of arrest under certain circumstances and mandating proper documentation and identification during arrests. Moreover, Section 57 stipulates prompt presentation of the arrested individual before a Magistrate, with a 24-hour custody limit unless extended by the Magistrate under Section 167.

Section 167 delineates procedures for cases where investigations exceed 24 hours. The police must transfer the case diary to the Magistrate and present the accused before them.

The Magistrate may extend detention up to 15 days initially and further extend it based on reasonable grounds, up to 90 days for heinous offences and 60 days for others.

Anjan Dasgupta v. State of West Bengal (2017)

In the case of Anjan Dasgupta, the court dealt with the matter of a reasonable delay that might be caused in registering an FIR. The registration was done before the start of the inquest report of a dead body. The police received the information regarding the death and they arrived at the spot as soon as they received the information, that was before 17:15 hrs. The officer in charge reached the spot at 17:45 hrs and the FIR was registered at 17:30 hrs. The court held that there might have been some unintentional situations or even if there may have been other issues, in any case, the FIR doesn't lose its authenticity.

Shivlal and Ors. v. State of Chattisgarh (2012)

In the above case it was held that since the prosecution had not explained the delay caused in providing the copy of the FIR to the Magistrate, the prosecution's case will suffer a backlash. Not only this, the Court further found a contradiction in the facts and statements given by available witnesses and the evidence presented by the police. Thus, due to these glitches and mistakes found on behalf of the prosecution their case became doubtful.

Conclusion
The investigation in a criminal case is done to examine the facts and evidence about a certain act of misconduct. The power of investigation is only conferred with the police. Chapter XII of the CrPC talks about the provisions of the police investigation. The process of investigation can be started by the police as soon as they receive any information from the informant or they have a reason to suspect the happening of a cognizable offence. The investigation commences under Section 154 and the procedure for the same has been mentioned in Section 157 of CrPC.

References:

• Justice M.L Singhal, Volume 2, Sohoni's Code of Criminal Procedure,1973, 22nd edition.
• S.N. Mishra, The code of criminal procedure, 1973, 21st edition.
• The Code of Criminal Procedure, 1973.