Assistance in Investigation

Investigation means the procedure to collect all the evidence for the purpose of trial by the police office and or any other person authorized by the Magistrate.
It is to be noted that in congnizable cases the police has the power under section 156(1) CrPC to investigate the matter in its jurisdiction without taking permission of the court of its Jusrisdictions. But in non-cognizabkle cases the police must take the permission from the Magistrate or Magistrate may himself direct the police to investigate into the matter.
There are some essential steps for the investigation:

1. As soon as the information of incident received by the police, the Investigating officer (IO) should reach on the spot (where the crime commites) and to do inquiry of the offence.
2. If the police/ IO founds that offence is of cognizable in nature, they immediately start the inevestigation and prepare the site plan where the offence committed.
3. Police can also arrest the suspected person if he found it necceasry for the purpose of investigation.  
4. Search & seizure of the martrials related to the offence and must the seizure items for the examination (Forensic examination).
5. The IO may summon, examine and record the statements of the wittness who are eyewitness or well acquainted with offence.
6. The IO should be impartial in the investiogation and should investigate all the aspects.
7. The IO must enter all the steps or proceeding taken by him at the time of investigation in General Diary.
8. The IO must collect the sufficent evidence against the accused person, he should not implicate any person as accused without sufficient evidence against him.
9. The main purpose of the investigation and duty of the IO is to bring the truth in front of court. The investigation doesnot means strengthen or bolster up the case of prosecution. The IO should investigate the matter without being bias.
10. In case any person is arrested by the police office, within 24 Hrs he must be presented before the nearest Magistrate whether he has Jurisdiction or not. If the Investigating Officer belives that the investigation will not be completed within 24 Hrs, IO may request to the Magistrate for the further detention of the suspected or arrested person time to time.
11. The Magistrate may not allow or exceed the dentention or custody of the accused person more then 15 days at a stretch. If the Magistrate belives that there is no requirement for the custody of the accused, he may also disallow the request of the IO for the further custody of the accused.
12. The Magistrate may also allow the dentention of the accused person not more than 90 days under provison of 167 in case offence where the punisment is not less than 10 years, life imprisonment and death.
13. In the other offences the time period is not more tha 60 days.
14. If the investigation is not completed in prescribed time period the accused has right or entited to release on bail.

Examination of witnesses under section 164 before the Magistrate:
The Magistrate is empowered under section 164 to record the confession or  statement of the witness under section 164. It is duty of the Magistrate to inform the person that he is bound to make any confession or statement, he may also refuse not to make any confession.
The Magistrate should also inform the witness that if he make any confession that would be used against him as a evidence.
But as per the amendement and intertion of section 164 (5A) CrPC, in the heinous offence specially the crime against women the Magistrate is duty bound to record the statement of the victim.
The Investigating Officer shall as far as possible take the victim to the nearest Lady Metropolitan/preferably Lady Judicial Magistrate.
The Investigating Officer shall record specifically the date and the time at which he learnt about the commission of the offence of rape and the date and time at which he took the victim to the Metropolitan/preferably Lady Judicial Magistrate as a for the statement of the prosecutrix.

As per the amendment in 2008 new provision inserted 173 (1A) which states that in cases of offence related to rape of child investigation may be completed within the period of 3 months under the said provision.

After all the stages and completion of investigation, the Police has to file, u/s 173, their Final Report before the Magistrate, which is in turn the conclusion of the investigation and the evidence collected by the Investigation Agency. If the Police Authorities, after investigation find that there is deficient evidence against the accused, it may file a report u/s 169 of Cr.P.C and release the accused on executing a Bond and undertaking for appearing as and when required before the Magistrate empowered to take cognizance.
The final Report will be of two kinds-

1. Closer Report: If the IO satisfied that no case is made out or no sufficient evidence is found against the alleged crime then closer report is submitted by the IO before the concern Magistrate.

The Magistrate is not bound to accept the Closer report, if the Magistrate is not satisfied from the investigation and closer report, he may further direct the IO to investigate the matter.

In matter “Union of India Vs. Prakash P. Hinduja, AIR 2003 SC 2613” supreme court held that the if the Magistrate feels that the evidences and martrial collected during investigation justifies prosecution of the accused, he may not accept the final report and take cognizance of the offences and summon the accused.

1. Charge Sheet /Final Report: It files under under 173 It contains elements of the offence in a prescribed form, and it also contains the complete investigation of the Police authorities and the charges slapped against the accused. It includes the facts in brief, the copy of the FIR, all the statements recorded u/s 161, 164, list of witnesses, list of seizure and other documental evidence collected by the investigation agency during the investigation. On filing of the Charge sheet, the magistrate may issue summons/warrant to the accused named in the charge sheet and direct him to appear before him, on the date he so directs and take the cognizance.

This part ends the Course of Investigation and the part of Trial starts. The police authorities have to hand over the case to the Prosecutor/Special Prosecutor and act has per his instructions during the course of Trial.
The investigating office may if requires further investigate the matter even after filling of the charge-sheet and submit the supplementary charge-sheet under section 173(8)   
If the Magistrate is not satisfied from the closer report/chargesheet he may order the investigating officer for futher investigation while excising his power under section 173.

Further Investigation or Re-investigation
If the new facts come into the knoweldge of Investigating officer, he may request from the Magistrate to further investigate the matter under section 173(8) CrPC. No Magistrate is empowred to order the futher investigation after taking cognizance unless the specified application filed by the Investigating Office.