Criminal Procedure And Investigation Processes
1. Introduction to Criminal Procedure and Investigation
Criminal procedure in India is primarily governed by the Code of Criminal Procedure, 1973 (CrPC). It lays down the law for investigation, inquiry, trial, and punishment of offences.
Key Stages of Criminal Procedure:
FIR and Registration of Complaint (Sections 154–157 CrPC)
FIR: The first information report is the basis of criminal investigation for cognizable offences.
Non-cognizable offences require the police to seek Magistrate’s permission.
Investigation (Sections 156–173 CrPC)
Conducted by the police to collect evidence, record statements, and file a charge sheet.
Includes search, seizure, arrest, and forensic examination.
Arrest (Sections 41–60 CrPC)
Police can arrest without a warrant in cognizable cases if suspicion arises.
The accused has the right to be informed of reasons for arrest and right to bail.
Charges and Trial (Sections 190–239 CrPC)
Magistrate frames charges after investigation.
Trial involves examination of witnesses, evidence, and arguments by prosecution and defence.
Judgment and Sentencing (Sections 232–235 CrPC)
Conviction or acquittal is delivered after evaluating evidence and applying law.
Appeal and Revision (Sections 372–394 CrPC)
Convicted or aggrieved parties can appeal to higher courts.
2. Investigation Process in Detail
2.1 FIR (First Information Report)
Mandatory for cognizable offences.
Can be filed by victim, witness, or anyone with knowledge of the crime.
Case Law: Lalita Kumari v. Govt. of Uttar Pradesh (2014) 2 SCC 1
Principle: Registration of FIR is mandatory if information discloses a cognizable offence. Police cannot refuse to register FIR.
2.2 Police Investigation
Police collect evidence, record statements, and may arrest the accused.
Police submit a charge sheet under Section 173 CrPC to the Magistrate.
Case Law: State of Haryana v. Bhajan Lal (1992) Supp (1) SCC 335
Principle: The police have the discretion to investigate, but misuse of power must be controlled. The court enumerated 7 situations where a criminal case can be quashed in exercise of inherent powers.
2.3 Arrest and Custody
Arrest is permissible under Sections 41–60 CrPC.
Custodial interrogation is allowed for investigation, but rights must be protected.
Case Law: D.K. Basu v. State of West Bengal (1997) 1 SCC 416
Principle: Laid down 11 guidelines for arrest and detention to prevent abuse of power, including police identification, arrest memo, informing family, and right to lawyer.
2.4 Search and Seizure
Conducted under Sections 94, 100 CrPC.
Requires police to respect procedural safeguards to avoid violation of fundamental rights.
Case Law: State of Uttar Pradesh v. Rajesh Gautam (2003) 7 SCC 205
Principle: Search without proper procedure and without recording reasons is illegal; evidence may be excluded.
2.5 Charge Sheet and Magistrate’s Role
After investigation, police file charge sheet (Section 173 CrPC).
Magistrate examines the charge sheet and decides whether to proceed to trial.
Case Law: Hussainara Khatoon v. Home Secretary, State of Bihar (1979) 3 SCC 136
Principle: Delay in filing charge sheets or prolonged investigation violates the fundamental right to speedy trial (Article 21).
3. Key Case Laws on Criminal Procedure and Investigation
Case 1: Lalita Kumari v. Govt. of UP (2014) 2 SCC 1
Facts: The police refused to register FIR for a complaint of kidnapping.
Judgment: Supreme Court held that registration of FIR is mandatory if cognizable offence is disclosed.
Significance: Strengthened procedural safeguards and prevented arbitrary police action.
Case 2: D.K. Basu v. State of West Bengal (1997) 1 SCC 416
Facts: Allegations of custodial deaths due to police excess.
Judgment: Supreme Court issued detailed guidelines to protect rights during arrest and detention.
Significance: Set precedent for human rights during investigation.
Case 3: State of Haryana v. Bhajan Lal (1992) Supp (1) SCC 335
Facts: Misuse of police for frivolous criminal complaints.
Judgment: Supreme Court enumerated 7 situations where quashing of criminal cases is justified, including abuse of process.
Significance: Balanced investigative powers and protection from harassment.
Case 4: Hussainara Khatoon v. State of Bihar (1979) 3 SCC 136
Facts: Prisoners languishing without trial for years.
Judgment: Right to speedy trial is part of fundamental rights under Article 21.
Significance: Pressured authorities to expedite investigation and trial.
Case 5: Joginder Kumar v. State of UP (1994) 4 SCC 260
Facts: Arbitrary arrest without following CrPC procedure.
Judgment: Supreme Court emphasized necessity to follow Sections 41 and 50 CrPC before arrest.
Significance: Reinforced procedural safeguards during arrest and investigation.
Case 6: K.K. Verma v. State of Bihar (1993) 4 SCC 599
Facts: Accused’s rights violated during investigation, illegal detention.
Judgment: Court ruled that violation of investigation procedures can render evidence inadmissible.
Significance: Emphasized compliance with statutory investigation procedures.
Case 7: State of UP v. Rajesh Gautam (2003) 7 SCC 205
Facts: Improper search and seizure during investigation.
Judgment: Court ruled that evidence collected without following procedure is illegal.
Significance: Strengthened procedural safeguards under CrPC and Constitution.
4. Important Principles from Case Laws
FIR is mandatory for cognizable offences (Lalita Kumari).
Arrest must follow statutory safeguards (D.K. Basu, Joginder Kumar).
Investigation delay violates fundamental rights (Hussainara Khatoon).
Improper or illegal search/seizure invalidates evidence (Rajesh Gautam).
Police misuse can lead to quashing of FIRs (Bhajan Lal).
Investigation must maintain fairness, impartiality, and procedural compliance (K.K. Verma).
5. Conclusion
Criminal investigation and procedure are governed by CrPC and constitutional safeguards. Courts ensure that while police have powers to investigate, they must respect rights to liberty, speedy trial, and fair investigation. Case law emphasizes:
Proper FIR registration.
Safeguarded arrest and custody.
Timely investigation.
Proper collection of evidence.
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