INFORMATION TO POLICE AND THEIR POWER TO INVESTIGATE

Chapter 12 of Code of Criminal Procedure, 1973 deals with it. It covers s. 154 – 176.  

154.Information in cognizable cases.- (1) Every information relating to the commission of a  cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to  writing by him or under his direction, and be read over to the informant; and every such information,  whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it,  and the substance thereof shall be entered in a book to be kept by such officer in such form as the  State Government may prescribe in this behalf.  

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of  cost, to the informant.  

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to  record the information referred to in sub-section (1) may send the substance of such information, in  writing and by post, to the Superintendent of Police concerned who, if satisfied that such information  discloses the commission of a cognizable offence, shall either investigate the case himself or direct an  investigation to be made by any police officer subordinate to him, in the manner provided by this  Code, and such officer shall have all the powers of an officer in charge of the police station in relation  to that offence.  

155.Information as to non-cognizable cases and investigation of such cases.- (1) When  information is given to an officer in charge of a police station of the commission within the limits of  such station of a noncognizable offence, he shall enter or cause to be entered the substance of the  information in a book to be kept by such officer in such form as the State Government may prescribe  in this behalf, and refer the informant to the Magistrate.  

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate  having power to try such case or commit the case for trial.  

(3) Any police officer receiving such order may exercise the same powers in respect of the  investigation (except the power to arrest without warrant) as an officer in charge of a police station  may exercise in a cognizable case.  

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall  be deemed to be a cognizable case, not-withstanding that the other offences are non-cognizable.  

156. Police officers power to investigate cognizable case.- (1) Any officer in charge of a police  station may, without the order of a Magistrate, investigate any cognizable case which a Court having  jurisdiction over the local area within the limits of such station would have power to inquire into or  try under the provisions of Chapter XIII.  

(2)No proceeding of a police officer in any such case shall at any stage be called in question on the  ground that the case was one which such officer was not empowered under this section to  investigate. 

(3)Any Magistrate empowered under section 190 may order such an investigation as above mentioned.  

157.Procedure for investigation.- (1) If, from information received or otherwise, an officer in  charge of a police station has reason to suspect the commission of an offence which he is empowered  under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate  empowered to take cognizance of such offence upon a police report and shall proceed in person, or  shall depute one of his subordinate officers not being below such rank as the State Government may,  by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts  and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the  offender:  

Provided that- 

(a) when information as to the commission of any such offence is given against any person by  name and the case is not of a serious nature, the officer in charge of a police station need not proceed  in person or depute a subordinate officer to make an investigation on the spot;  

(b) if it appears to the officer in charge of a police station that there is no sufficient ground for  entering on an investigation, he shall not investigate the case.  

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer  in charge of the police station shall state in his report his reasons for not fully complying with the  requirements of that sub-section, and, in the case mentioned in clause (b) of the said proviso, the  officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by  the State Government, the fact that he will not investigate the case or cause it to be investigated.  

158.Report how submitted.- (1) Every report sent to a Magistrate under section 157 shall, if the  State Government so directs, be submitted through such superior officer of police as the State  Government, by general or special order, appoints in that behalf.  

(2) Such superior officer may give such instructions to the officer in charge of the police station as he  thinks fit, and shall, after recording such instructions on such report, transmit the same without delay  to the Magistrate.  

159.Power to hold investigation or preliminary inquiry.- Such Magistrate, on receiving such  report, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate  subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case  in the manner provided in this Code.  

160.Police officers power to require attendance of witnesses.- (1) Any police officer making an  investigation under this Chapter may, by order in writing, require the attendance before himself of  any person being within the limits of his own or any adjoining station who, from the information  given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such  person shall attend as so required:  

Provided that no male person under the age of fifteen years or woman shall be required to attend at  any place other than the place in which such male person or woman resides. 

(2) The State Government may, by rules made in this behalf, provide for the payment by the police  officer of the reasonable expenses of every person, attending under sub-section (1) at any place other  than his residence.  

161.Examination of witnesses by police.- (1) Any police officer making an investigation under this  Chapter, or any police officer not below such rank as the State Government may, by general or  special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally  any person supposed to be acquainted with the facts and circumstances of the case.  (2) Such person shall be bound to answer truly all questions relating to such case put to him by  

such officer, other than questions the answers to which would have a tendency to expose him to a  criminal charge or to a penalty or forfeiture.  

(3) The police officer may reduce into writing any statement made to him in the course of an  examination under this section; and if he does so, he shall make a separate and true record of the  statement of each such person whose statement he records. 

162.Statements to police not to be signed: Use of statements in evidence.- (1) No statement made  by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced  to 1 writing, be signed by the person making it; nor shall any such statement or any record thereof,  whether in a police diary or otherwise, or any part of such statement or record, be used for any  purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under  investigation at the time when such statement was made:  

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement  has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by  the accused, and with the permission of the Court, by the prosecution, to contradict such witness in  the manner provided by section 145 of the Indian Evidence Act , 1872; (1 of 1872) and when any  part of such statement is so used, any part thereof may also be used in the re-examination of such  witness, but for the purpose only of explaining any matter referred to in his cross-examination.  (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of  clause (1) of section 32 of the Indian Evidence Act, 1872, (1 of 1872) or to affect the provisions of  section 27 of that Act.  

Explanation.- An omission to state a fact or circumstance in the statement referred to in sub-section  (1) may amount to contradiction if the same appears to be significant and otherwise relevant having  regard to the context in which such omission occurs and whether any omission amounts to a  contradiction in the particular context shall be a question of fact.  

163.No inducement to be offered.- (1) No police officer or other person in authority shall offer or  make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in  section 24 of the Indian Evidence Act, 1872(1 of 1872).  

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from  making in the course of any investigation under this Chapter any statement which he may be  disposed to make of his own free will:  

Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164. 

164.Recording of confessions and statements.- (1) Any Metropolitan Magistrate or Judicial  Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement  made to him in the course of an investigation under this Chapter or under any other law for the time  being in force, or at any time afterwards before the commencement of the inquiry or trial:  

Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate  has been conferred under any law for the time being in force.  

(2) The Magistrate shall, before recording any such confession, explain to the person making it  that he is not bound to make a confession and that, if he does so, it may be used as evidence against  him; and the Magistrate shall not record any such confession unless, upon questioning the person  making it, he has reason to believe that it is being made voluntarily.  

(3) If at any time before the confession is recorded, the person appearing before the Magistrate  states that he is not willing to make the confession, the Magistrate shall not authorise the detention of  such person in police custody.  

(4) Any such confession shall be recorded in the manner provided in section 281 for recording  the examination of an accused person and shall be signed by the person making the confession; and  the  

Magistrate shall make a memorandum at the foot of such record to the following effect:- 

“I have explained to (name) that he is not bound to make a confession and that, if he does so, any  confession he may make may be used as evidence against him and I believe that this confession was  voluntarily made.It was taken in my presence and hearing, and was read over to the person making it  and admitted by him to be correct, and it contains a full and true account of the statement made by  him.  

(Signed) A. B.  

Magistrate”. 

(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such  manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best  fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the  person whose statement is so recorded. 

(6) The Magistrate recording a confession or statement under this section shall forward it to the  Magistrate by whom the case is to be inquired into or tried. 

165.Search by police officer.- (1) Whenever an officer in charge of a police station or a police  officer making an investigation has reasonable grounds for believing that anything necessary for the  purposes of an investigation into any offence which he is authorised to investigate may be found in  any place within the limits of the police station of which he is in charge, or to which he is attached,  and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer  may, after recording in writing the grounds of his belief and specifying in such writing, so far as  possible, the thing for which search is to be made, search, or cause search to be made, for such thing  in any place within the limits of such station.  

(2)A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person.  

(3)If he is unable to conduct the search in person, and there is no other person competent to make the  search present at the time, he may, after recording in writing his reasons for so doing, require any  officer subordinate to him to make the search, and he shall deliver to such subordinate officer an  order in writing, specifying the place to be searched, and so far as possible, the thing for which  search is to be made; and such subordinate officer may thereupon search for such thing in such  place.  

(4)The provisions of this Code as to search-warrants and the general provisions as to searches  contained in section 100 shall, so far as may be, apply to a search made under this section.  (5)Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the  nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the  place searched shall, on application, be furnished, free of cost, with a copy of the same by the  Magistrate.  

166.When officer in charge of police station may require another to issue search warrant.- (1)  An officer in charge of a police station or a police officer not being below the rank of sub-inspector  making an investigation may require an officer in charge of another police station, whether in the  same or a different district, to cause a search to be made in any place, in any case in which the  former officer might cause such search to be made, within the limits of his own station.  

(2) Such officer, on being so required, shall proceed according to the provisions of section 165,  and shall forward the thing found, if any, to the officer at whose request the search was made.  

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in-charge  of another police station to cause a search to be made under sub-section (1) might result in evidence  of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any investigation under this Chapter to search, or 

cause to be searched, any place in the limits of another police station in accordance with the provisions  of section 165, as if such place were within the limits of his own police station.  

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search  to the officer in charge of the police station within the limits of which such place is situate, and shall  also send with such notice a copy of the list (if any) prepared under section 100, and shall also send to  the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to  in sub-sections  

(1) and (3) of section 165.  

(5) The owner or occupier of the place searched shall, on application, be furnished free of cost with  a copy of any record sent to the Magistrate under sub-section (4).  

167.Procedure when investigation cannot be completed in twenty four hours.- (1) Whenever any  person is arrested and detained in custody, and it appears that the investigation cannot be completed  within the period of twenty-four hours fixed by section 57, and there are grounds for believing that  the accusation or information is well-founded, the officer in charge of the police station or the police  officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit  to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to  the case, and shall at the same time forward the accused to such Magistrate.  

(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has  or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in  such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if  he has no jurisdiction to try the case or commit it for trial, and considers further detention  unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:  

Provided that- 

(a) the Magistrate may authorise detention of the accused person, otherwise than in custody of  the police, beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so,  but no Magistrate shall authorise the detention of the accused person in custody under this section for  a total period exceeding sixty days, and on the expiry of the said period of sixty days, the accused  person shall be released on bail if he is prepared to and does furnish bail; and every person released  on bail under this section shall be deemed to be so released under the provisions of Chapter XXXIII  for the purposes of that  

Chapter;  

(b) no Magistrate shall authorise detention in any custody under this section unless the accused is  produced before him;  

(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court,  shall authorise detention in the custody of the police. 

Explanation.- If any question arises whether an accused person was produced before the Magistrate  as required under paragraph (b), the production of the accused person may be proved by his  signature on the order authorising detention.  

(3) A Magistrate authorising under this section detention in the custody of the police shall record  his reasons for so doing.  

(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a  copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.  

(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded  within a period of six months from the date on which the accused was arrested, the Magistrate shall  make an order stopping further investigation into the offence unless the officer making the  investigation satisfies the Magistrate that for special reasons and in the interests of justice the  continuation of the investigation beyond the period of six months is necessary.  

(6) Where any order stopping further investigation into an offence has been made under sub section (5), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that  further investigation into the offence ought to be made, vacate the order made under sub-section (5)  and direct further investigation to be made into the offence subject to such directions with regard to  bail and other matters as he may specify.  

168.Report of investigation by subordinate police officer.- When any subordinate police officer  has made any investigation under this Chapter, he shall report the result of such investigation to the  officer in charge of the police station.  

169.Release of accused when evidence deficient.- If, upon an investigation under this Chapter, it  appears to the officer in charge of the police station that there is not sufficient evidence or reasonable  ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if  such person is in custody, release him on his executing a bond, with or without sureties, as such  officer may direct, to appear, if and when so required, before a Magistrate empowered to take  cognizance of the offence on a police report, and to try the accused or commit him for trial.  

170.Cases to be sent to Magistrate when evidence is sufficient.- (1) If, upon an investigation  under this Chapter, it appears to the officer in charge of the police station that there is sufficient  evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a  Magistrate empowered to take cognizance of the offence upon a police report and to try the accused  or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall  take security from him for his appearance before such Magistrate on a day fixed and for his  attendance from day to day before such Magistrate until otherwise directed.  

(2) When the officer in charge of a police station forwards an accused person to a Magistrate or  takes security for his appearance before such Magistrate under this section, he shall send to such  Magistrate any weapon or other article which it may be necessary to produce before him, and shall 

require the complainant (if any) and so many of the persons who appear to such officer to be acquainted  with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the  matter of the charge against the accused.  

(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held  to include any Court to which such Magistrate may refer the case for inquiry or trial, provided  reasonable notice of such reference is given to such complainant or persons.  

(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the  persons who executed it, and shall then send to the Magistrate the original with his report.  

171.Complainant and witnesses not to be required to accompany police officer and not to be  subjected to restraint.- No complainant or witness on his way to any Court shall be required to  accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or  required to give any security for his appearance other than his own bond:  

Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in  section 170, the officer in charge of the police station may forward him in custody to the Magistrate,  who may detain him in custody until he executes such bond, or until the hearing of the case is  completed.  

172.Diary of proceedings in investigation.- (1) Every police officer making an investigation under  this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the  time at which the information reached him, the time at which he began and closed his investigation,  the place or places visited by him, and a statement of the circumstances ascertained through his  investigation.  

(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such  Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.  

(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they  be entitled to see them merely because they are referred to by the Court; but, if they are used by the  police officer who made them to refresh his memory, or if the Court uses them for the purpose of  contradicting such police officer, the provisions of section 161 or section 145 as the case may be, of  the Indian Evidence Act, 1872, (1 of 1872) shall apply. 

173.Report of police officer on completion of investigation.- (1) Every investigation under this  Chapter shall be completed without unnecessary delay.  

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a  Magistrate empowered to take cognizance of the offence on a police report, a report in the form  prescribed by the State Government, stating – (a) the names of the parties; 

(b)the nature of the information;  

(c)the names of the persons who appear to be acquainted with the circumstances of the case; (d)whether any offence appears to have been committed and, if so, by whom;  (e)whether the accused has been arrested;  

(f) whether he has been released on his bond and, if so, whether with or without sureties; (g) whether  he has been forwarded in custody under section 170.  

(ii) The officer shall also communicate, in such manner as may be prescribed by the State  Government, the action taken by him, to the person, if any, by whom the information relating to the  commission of the offence was first given.  

(3) Where a superior officer of police has been appointed under section 158, the report shall, in  any case in which the State Government by general or special order so directs, be submitted through  that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police  station to make further investigation.  

(4) Whenever it appears from a report forwarded under this section that the accused has been  released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise  as he thinks fit.  

(5) When such report is in respect of a case to which section 170 applies, the police officer shall  forward to the Magistrate along with the report- 

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than  those already sent to the Magistrate during investigation;  

(b) the statements recorded under section 161 of all the persons whom the prosecution proposes  to examine as its witnesses. 

(6) If the police officer is of opinion that any part of any such statement is not relevant to the  subject-matter of the proceedings or that its disclosure to the accused is not essential in the interest of  justice and is inexpedient in the public interest, he shall indicate that part of the statement and append  a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and  stating his reasons for making such request.  

(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to  the accused copies of all or any of the documents referred to in sub-section (5).  

(8) Nothing in this section shall be deemed to preclude further investigation in respect of an  offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such  investigation, the officer in charge of the police station obtains further evidence, oral or documentary,  he shall forward to the Magistrate a further report or reports regarding such evidence in the form  prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to  such report or reports as they apply in relation to a report forwarded under sub-section (2).  

174.Police to enquire and report on suicide, etc.- (1) When the officer in charge of a police station  or some other police officer specially empowered by the State Government in that behalf receives  information that a person has committed suicide, or has been killed by another or by an animal or by  machinery or by an accident, or has died under circumstances raising a reasonable suspicion that  some other person has committed an offence, he shall immediately give intimation thereof to the  nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule  prescribed by the State Government, or by any general or special order of the District or Sub divisional Magistrate, shall proceed to the place where the body of such deceased person is, and  there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an  investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures,  bruises, and other marks of injury as may be found on the body, and stating in what manner, or by  what weapon or instrument (if any); such marks appear to have been inflicted.  

(2) The report shall be signed by such police officer and other persons, or by so many of them as  concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional  Magistrate.  

(3) When there is any doubt regarding the cause of death, or when for any other reason the police  officer considers it expedient so to do, he shall, subject to such rules as the State Government may  prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil  Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state  of the weather and the distance admit of its being so forwarded without risk of such putrefaction on  the road as would render such examination useless. 

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate  or Subdivisional Magistrate and any other Executive Magistrate specially empowered in this behalf  by the State Government or the District Magistrate.  

175.Power to summon persons.- (1) A police officer proceeding under section 174 may, by order in  writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any  other person who appears to be acquainted with the facts of the case and every person so summoned  

shall be bound to attend and to answer truly all questions other than questions the answers to which  would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.  

(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall  not be required by the police officer to attend a Magistrate’s Court.  

176.Inquiry by Magistrate into cause of death.- (1) When any person dies while in the custody of  the police, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned  in subsection (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of  

death either instead of, or in addition to, the investigation held by the police officer; and if he does  so, he shall have all the powers in conducting it which he would have in holding an inquiry into an  offence.  

(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection  therewith in any manner hereinafter prescribed according to the circumstances of the case.  

(3) Whenever such Magistrate considers it expedient to make an examination of the dead body of  any person who has been already interred, in order to discover the cause of his death, the Magistrate  may cause the body to be disinterested and examined.  

(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable,  inform the relatives of the deceased whose names and addresses are known, and shall allow them to  remain present at the inquiry.  

Explanation.- In this section, the expression “relative” means parents, children, brothers, sisters and  spouse.