In this topic of information to police and power to investigate which is constituted under the criminal procedure code 1973. Information to the police officer and his power to investigate, this applies to all the specified cognizable and non-cognizable cases also in the cases of suicide, killed by accident or the cases of accident. In the case of S.N Basak, it is the statutory right of the police officer to investigate and not to get interfered by a court of law who has jurisdiction over it under the provisions of code 401 Cr.P.C and 482 Cr.P.C.
INFORMATION IN COGNIZABLE CASES
Cognizable ae those offences under which the police officer has the authority to arrest the culprit without the arrest warrant ordered by the magistrate.
Section 154 of the Cr.P.C 1973 is very important; it explains as that every information produce to a police officer should be reduced to writing by the police officer in charge and that information is to be called as the first information report (FIR). FIR is the first step which helps in to set the criminal law in motion and that information consist of information of culprits like name of the culprits, partly played by them and the name of the eye witness which is the most important link in any criminal matter. The primary information can say to be substantive evidence in the case.
The first proviso of the section said that the information which was given by woman it should be taken and reduced to writing by the woman police officer in some specified offences.
INVESTIGATION OF COGNIZABLE OFFENCE
Section 156 of the Cr.P.C 1973 deals with this aspect in this the police officer in charge has the authority to investigate without the order of the magistrate who has jurisdiction over the local area and also the officer investigate to the extent of the local jurisdiction of the magistrate.
INFORMATION IN NON-COGNIZABLE OFFENCE
Non-cognizable offences are those under which the police officer cannot arrest the suspected individual unless the arrest warrant is ordered by the magistrate.
Under section 155 Cr.P.C 1973 in this, the information received from complainant shall be received and recorded by the police officer and should be kept in books as per the directions prescribed by the government. Under section 155(2) Cr.P.C 1973 police officer cannot investigate without the order of the magistrate who has the jurisdiction and power to do so.
PROCEDURE FOR INVESTIGATION
Section 157 Cr.P.C 1973 initiates the steps to investigate. In this, the procedure to investigate is that when-
1) the information received by the police in the matter where he has suspicion on someone.
2) In this matter police officer informs the magistrate about the information he received and some suspicion has invoked.
3) After receiving the information if the magistrate feels confident about the suspicion then he takes cognizance of the matter.
4) After taking the cognizance magistrate orders the officer to investigate the facts of the case.
5) In the last step after the investigation about the facts, all information sent to the magistrate.
POWER OF POLICE
The following powers are as follows-
1) Attendance of witness – This is explained in section 160 Cr.P.C 1973, it says that the police officer has the power to take the attendance of the witness and in a situation where age is of 15 years or above 65 years or woman or mentally infirm individual then the attendance is to be required at the place where they reside.
2) Examination of witness- Under section 161 of Cr.P.C 1973 police officer has the power to investigate and examine the witness and take their statement and reduced it to writing. Also, the statements can be kept in audio-video means and most important aspect that the statement of a woman should be recorded by a woman officer.
3) Preparation of charge sheet- After the investigation, it is the responsibility of the police officer to prepare the charge sheet and submit the charge sheet which includes the FIR (first information report), statement of the complainant, statements of witnesses, panchnama and the dying declaration should be included in the charge sheet.
OTHER POWERS OF THE POLICE
Besides these 3 powers, the police have some other powers also as follows-
1) Power of the police to extend the custody period up to 15 days in situations when the investigation not concluded in 24 hours.
2) Now we all know that the police can extend the custodial period up to 15 days but in some other situations, it can go beyond the period 15 days only with the permission of the magistrate in this situation it should not go beyond 90 days of custody where the offence is punishable with death, life imprisonment or 10 years of imprisonment.
3) Also, the police have the authority to take the party to a medical professional to conduct a medical examination in case of rape.
In this article we have touched upon all the provisions which are most important in learning about the powers of the police and what are there investigating powers hence the police is the protector of the society and is the first authority whom we can trust for the protection of the society and in most of the cases police play the important role by investigating and arresting the suspected individual and after that, the matter can take up to the higher level of authority (court of law).
This blog is written by Shivam, Vivekananda Institute of Professional Studies.
Some more of Shivam BLOGs,
- ACID ATTACK: A NEW FACET OF GENDER-BASED CRIME
- SECTION 498A OF INDIAN PENAL CODE 1860
- DEATH BY NEGLIGENCE
- TRIAL AND TYPES OF TRIAL
- CRIMINAL MISAPPROPRIATION OF PROPERTY
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