Investigation
Investigation in criminal law is the process by which police officers collect evidence regarding a cognizable offence, governed by Sections 156-157 of the Code of Criminal Procedure, 1973 (Sections 173-175 BNSS), to determine whether charges should be filed.
What is Investigation?
**Investigation** in criminal law refers to the systematic process carried out by a police officer to **collect evidence** regarding the commission of a cognizable offence. It includes all steps taken by the police from the moment an FIR is registered (or information about a cognizable offence is received) until the investigation report is submitted to the Magistrate. The purpose is to determine whether a crime has been committed, identify the offender, and gather sufficient evidence to support prosecution.
In simple terms, investigation is the police's fact-finding exercise after a crime is reported. It involves visiting the crime scene, examining witnesses, collecting physical evidence, arresting the accused if necessary, and ultimately preparing a report for the court.
Legal Framework
Code of Criminal Procedure, 1973 (CrPC) / Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- **Section 156 CrPC (Section 173 BNSS):** Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case that the court having jurisdiction over the local area can inquire into or try.
- **Section 157 CrPC (Section 175 BNSS):** On receiving information about the commission of a cognizable offence, the officer in charge must send a report to the Magistrate and proceed to investigate the facts and circumstances of the case.
- **Section 2(h) CrPC (Section 2(i) BNSS):** Defines "investigation" to include all proceedings under the Code for the collection of evidence conducted by a police officer or any person authorized by a Magistrate.
- **Section 154 CrPC (Section 173 BNSS):** Registration of FIR — the starting point of investigation in most cognizable offences.
- **Section 167 CrPC (Section 187 BNSS):** Procedure when investigation cannot be completed in 24 hours; the accused must be produced before a Magistrate for remand.
- **Section 173 CrPC (Section 193 BNSS):** Report of police officer on completion of investigation (chargesheet or closure report).
Steps in Investigation
1. Proceeding to the Spot
Upon receiving information, the investigating officer proceeds to the place of the offence to examine the crime scene, secure physical evidence, and record observations.
2. Ascertainment of Facts
The officer ascertains the facts and circumstances of the case — the nature of the offence, the manner in which it was committed, and the persons involved.
3. Examination of Witnesses
Under **Section 161 CrPC (Section 180 BNSS)**, the investigating officer examines witnesses orally and reduces their statements to writing. These statements are not sworn and cannot be used as substantive evidence at trial — they are used only for contradiction.
4. Collection of Evidence
Physical evidence, documents, electronic records, forensic samples, and any other material relevant to the case are collected, preserved, and documented.
5. Arrest of the Accused
If evidence points to a particular person, the police may arrest the accused. Under **Section 41 CrPC (Section 35 BNSS)**, arrest without warrant is permissible in cognizable offences subject to certain conditions.
6. Search and Seizure
Under **Sections 165-166 CrPC (Sections 185-186 BNSS)**, the investigating officer may conduct searches and seize property connected with the offence.
7. Filing of Report
Under **Section 173 CrPC (Section 193 BNSS)**, upon completion, the officer submits a report (chargesheet if evidence is sufficient, or closure report if it is not) to the Magistrate.
When Does This Term Matter?
After Registration of FIR
Investigation commences immediately upon registration of an FIR for a cognizable offence. The police are bound to investigate and cannot refuse.
Magistrate-Ordered Investigation
Under **Section 156(3) CrPC**, a Magistrate can direct the police to investigate a cognizable offence if the police fail to register an FIR or investigate.
Rights of the Accused
During investigation, the accused has fundamental rights — the right to legal representation (Article 22), protection against self-incrimination (Article 20(3)), and the right to be produced before a Magistrate within 24 hours of arrest (Article 22(2)).
Investigation by Special Agencies
In certain cases, courts transfer investigation from regular police to agencies like the CBI, NIA, or state special investigation teams to ensure impartiality.
Practical Significance
- **Time limits for custody:** Police custody during investigation cannot exceed **15 days** under Section 167 CrPC. Judicial custody has outer limits (60 or 90 days depending on offence severity); if investigation is not completed, the accused gets **default bail**.
- **Further investigation:** Even after filing a chargesheet, the police can conduct further investigation under Section 173(8) CrPC with the permission of the court.
- **Re-investigation:** Courts may order a fresh investigation by a different agency if the original investigation is found to be biased or inadequate.
- Investigation is distinct from **inquiry** — investigation is by police, while inquiry is a judicial or magisterial proceeding.
Frequently Asked Questions
Can the police investigate a non-cognizable offence?
No, the police cannot investigate a non-cognizable offence without the written order of a Magistrate having jurisdiction. Under Section 155(2) CrPC (Section 174(2) BNSS), the police may investigate a non-cognizable case only when authorized by a Magistrate. For non-cognizable offences, the complainant must approach the Magistrate directly, who may then order an investigation or proceed with a private complaint.
What is the difference between investigation and inquiry?
Investigation is the process of **evidence collection by the police** regarding a cognizable offence — it involves fieldwork, witness examination, arrests, searches, and filing of chargesheets. Inquiry, on the other hand, is a **judicial or magisterial process** under the CrPC to determine whether sufficient ground exists for proceeding. A Magistrate conducts an inquiry; a police officer conducts an investigation. Investigation leads to a police report; inquiry leads to a judicial finding.
Can a court monitor or supervise an ongoing investigation?
Yes, courts have the power to monitor investigations to ensure fairness. The Supreme Court, High Courts under Article 226, or Magistrates under Section 156(3) CrPC can issue directions regarding investigation. Courts have frequently transferred investigations to the CBI or SITs when satisfied that the regular police investigation was compromised. However, courts generally do not interfere in the day-to-day conduct of investigation, as it is an executive function of the police.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
FIR (First Information Report)
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence, marking the first step in the criminal investigation process.
Chargesheet
A chargesheet is the final report filed by the police before a Magistrate after completing the investigation of a criminal case, detailing the evidence collected and the conclusions reached.
Cognizable Offence
A cognizable offence is an offence in which a police officer can arrest the accused without a warrant and begin investigation without prior permission from a magistrate.
Remand
Remand is the judicial order by a Magistrate sending an accused person to police custody or judicial custody during the investigation of a criminal case, governed by Section 167 CrPC.