Power of Police in nvestigation

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.

要查看或添加评论,请登录

Mansi Pandey的更多文章

  • What is Arbitration?

    What is Arbitration?

    Arbitration is an alternative to litigation. It is primarily used to resolve disputes arising from commercial…

  • Challenges for India emerging as the Centre Of Arbitration

    Challenges for India emerging as the Centre Of Arbitration

    Alternative dispute resolution as a concept is still evolving in this country. With the day-to-day development of the…

  • Insolvency And Bankruptcy: An Insight Into Ordinance, 2020

    Insolvency And Bankruptcy: An Insight Into Ordinance, 2020

    Insolvency is a situation where individuals or companies are unable to repay their outstanding debt. Bankruptcy, on the…

  • Electoral Bond

    Electoral Bond

    An electoral bond is like a promissory note that can be bought by any Indian citizen or company incorporated in India…

  • What are Mortgages?

    What are Mortgages?

    Mortgages are also known as "liens against property" or "claims on property." With a fixed-rate mortgage, the borrower…

  • The Next Normal: Workplaces

    The Next Normal: Workplaces

    The pandemic has upended the way we work, bringing both value and vulnerability to the physical spaces we share. While…

    1 条评论
  • Article 15 of the Indian Constitution

    Article 15 of the Indian Constitution

    India is a secular, democratic, and republic nation that has created all the necessary provisions to safeguard the…

  • Why people are afraid of lawyers in tier 3-4 location

    Why people are afraid of lawyers in tier 3-4 location

    Most people from tier 3 and 4 locations don’t tend to trust lawyers much. Well, it is a bitter truth that we lawyers…

  • The Next Normal: Indian Judiciary

    The Next Normal: Indian Judiciary

    With the outbreak of COVID-19, All spheres of life have been affected and the judicial system is no exception to this…

  • The Next Normal: Innovation in Law

    The Next Normal: Innovation in Law

    Professor Richard Susskind started his book by saying that, “Legal institutions and lawyers are at a crossroads, I…

社区洞察

其他会员也浏览了