Power of Police in nvestigation

Chapter XII of the Code of Criminal Procedure, deals with the Information to the Police and their Powers to Investigate. Such powers are related to all cognizable and non-cognizable matters as well as matters related to suicide, killed by animals or accidents, etc. All the powers of the police are inherent and are not to have encroached through any means. Section 156 of the Cr.P.C. empowers the police officer to investigate a cognizable case without the order of the Magistrate. The police officer can investigate the case only where the Court has jurisdiction over the local areas. Section 155 of the Code deals with the information in case of non-cognizable offences and their investigation. All the information received under this section will be recorded by the police officer in charge and will be entered in such books as may be prescribed by the State Government. A police officer is not permitted to investigate a case relating to the non-cognizable offence without the order of the Magistrate who has the power to try such cases. A police officer acquires the power to investigate as soon as he receives the order and can exercise the investigating power same as he exercises in any cognizable matter. However, no police officer has the power to arrest any person in the non-cognizable offence unless he has the warrant to arrest. Further, as per section 155 (4) if any case involves 2 or more offences and among all, if one is the cognizable offence, the entire case shall be deemed to be a cognizable case. No defence would lie on such cases mere on the basis that others are non-cognizable offence and the police officer will have the power to investigate the manner as prescribed for the cognizable offence.

Powers of Police Officers

• Section 160 of the Cr.P.C. empowers the police officer to require the attendance of witnesses who are within the jurisdiction of such police station. However, where the male person is below the age of 15 years or above the age of 65 years or woman or physically or mentally infirm person, the attendance of such person will be required at his place where he resides.
• As per section 161 of the Code, the police officer who has the power to investigate will examine the witness and reduce their statements in writing. This section also empowers to record the stamen in audio-visual electronic means. Moreover, a woman police officer is required to record the statement of the woman against whom an offence is committed.
• A police officer is empowered to submit a charge sheet post-investigation. It includes a copy of the FIR, statement of the complainant, witnesses, panchnama, dying declaration, etc. 
• Police are empowered to extend the custody of the accused up to 15 days when the investigation is not completed within 24 hours.
• This custody could be increased beyond 15 days with the permission of Magistrate if there are sufficient grounds. However, no custody would increase beyond 90 days in a case where the offence is punishable with death or life imprisonment or 10 years imprisonment and 60 days in any other offence.
• To make the medical examination of a rape victim.