CRIMINAL INVESTIGATION AND CHARGESHEET
Investigation and chargesheet form the genesis of the Criminal Trial. Chargesheet is the outcome of investigation. Under Section 157 of the Code of Criminal Procedure, the procedure of investigation in criminal cases has been incorporated. It requires the intimation of information to the police officer on the commission of a crime.
Before the commencement of the investigation, the police officer has to satisfy himself about certain grounds. If the grounds are present, the investigation shall be begun with. This webinar gives us all the sections used for the investigation like under Sec 164 of CrPC police collect material for the investigation, Sec 161 examination of the witness by the police like statement is recorded and other things. The investigation may be conducted by a police officer who has been assigned the case. The Magistrate can also authorize any other person to conduct the investigation on his behalf. The police on registration of FIR shall upon perusal of the facts of the case decide the line of investigation i.e. whether there is circumstantial evidence or eyewitnesses.
Then there’s Three types of reports are required to be prepared at three different stages of investigation are as follows:
- A preliminary report from the officer-in-charge of a police station to the Magistrate under Section 157.
- Section 168 requires the submission of a report from a subordinate officer to the officer-in-charge of the station.
- Section 173 requires a final report to be submitted to the Magistrate as soon as the investigation is completed.
There’s the whole information about the whole investigation process which gave all of us a decent understanding that what sections of CrPC are used under investigation. It also clears the fact about that the confession can be made before the unauthorized person. In In Sasi v. State of Kerala, it was held by the Supreme Court that it is not necessary to make a confession before an authorized person only. The Supreme Court had said, Any person to whom a confession has been made can give evidence of it in the court regarding the confession. Also, if it is made to such a person, the court has to look after this. The court needs to see that the person before whom such a confession is being made can be believed or not. Also gave the whole description of chargesheet section i.e. Sec 173(2) of CrPC and what are details which need to mentioned on the chargesheet.
It was always been a question that what if the police find the evidence after filing the chargesheet which was also answered in this webinar. A charge-sheet is ordinarily filed as a final report after the investigation is over. However, this was creating problems as the police often found further evidence after the filing of charge-sheet, but the courts were reluctant to accept the same once they took cognizance of the matter. Therefore, the need for amendment was felt and Section 173 (8) was introduced, which enabled the investigating agency to file further investigation. So basically the investigation process involved in criminal cases is extremely thorough. It involves a lot of procedures which need to be followed with due diligence. One mistake, and it can lead to the acquittal of an offender. The police leave no stones unturned while investigating the case. The investigation starts from the cognizance of the offence to the filing of the report under section 173 before the Magistrate. The guilty will get convicted after his Trial gets over and the Court finds proof that he committed the offence.
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