Crime Investigation in India

Book excerpt: Criminal Investigation in India is governed by various legislations as also a number of legal precedents. As regards legislations, it is governed by Criminal Procedure Code, 1973. Offences governed by Indian Penal Code 1860 besides other specialised laws e.g. Narcotics Drugs and Psychotropic Substances Act, 1985. Evidence of witnesses during trial is to be evaluated on the touch stone of Evidence Act, 1872. Apart from above legislations, there are numerous directions, guidelines and cautions by Supreme Court to protect the personal liberty, human rights and human dignity under article 21 of the Constitution of India. Crime investigation is the domain of police but in case of economic or other classes of crimes some other departments are also authorised to investigate. More importantly the matters of national security are investigated by National Investigation Agency or NIA for short. But all these agencies are bound by same laws barring few exceptions. The commencement of an investigation happens when a crime is committed. The First Chapter is in regard to introduction to the Crime and Offences. The Chapter 2 is about the Police itself. It explains the source of power of Police Officers and hierarchy of Government over it. The Chapter 3 deals with First Information Report and preliminary inquiry which may proceed before it. The Chapter 4 is in respect of Commencement of Investigation and its progress. The Chapter 5 is in respect of Interview with people and Interrogation of accused persons. The Chapter 6 relate to various Paper Work and reports which are part of Crime Investigation. But note that investigation of a crime is not over with submission of police report to the court as Police has power to file supplementary report as well. The Chapter 7 is about Search and Seizure by Police for discovery of evidence. The Chapter 8 is about the Personal Liberty of people and its importance. The Chapter 9 is about Arrest of an accused. Ordinarily arrest of a person accused of a crime punishable by an offence of less than 7 years, is an exception but it is not entirely ruled out. The Chapter 10 is about Custodial Interrogation by police to further the cause of investigation. The Chapter 11 is about Admission and Confession made to police during the investigation. The Chapter 12 deals with the grant of Bail to a person arrested by police. The Chapter 13 is about Charge-Sheet filed by Police to initiate trial against an accused for conviction. The Chapter 14 is about Quashing of Proceedings by High Court in exceptional circumstances. The Chapter 15 is about classification of Offences in respect of which the Criminal Investigation has to proceed. The Chapter 16 is about Due Process of Law and it’s implication on Crime Investigation. The Chapter 17 deals with Punishment which is given to a convict and the various considerations for the same.