Powers of Police During Investigation, Erwin Thomas Wilson@LexCliq

A police force is a group of people appointed by the government to uphold the law, defend property, and prevent civil unrest. The police are federal officials tasked with conducting criminal investigations. Indeed, they regard it as critical to their job, despite the fact that non-investigative work consumes the majority of their time. The investigating method of the police is defined in the criminal justice system by the police’s law enforcement position and their powers to detain and search individuals. Stop and search is used to locate stolen property, illegal objects (drugs or weapons), or items linked to terrorism, among other things. Stopping and scanning yields enough proof of criminal activity to warrant an arrest.

Power to investigate in cases of non-cognizable offences; U/Sec.155 (2) Cr.Pc.

A Magistrate may even direct a police officer in charge of a police station to prosecute a cognizable or even non-cognizable crime in such cases. When a Magistrate issues an order to a police officer to prosecute a non-cognizable crime according to Section 155(2) Cr.Pc., the police officer receiving the order has the same powers in relation to the investigation as he does with a cognizable offense, with the exception of the right to detain without a warrant.

Procedure to investigate in case of a cognizable offence; S.156 Cr.Pc.

Where a cognizable offense occurs, an investigation is started by providing information to a police officer in charge of a police station under section 154 Cr.pc. Under section 156 of the Criminal Procedure Code, a police officer has the authority to prosecute a cognizable offence. Any police officer may investigate any cognizable crime without the permission of a Magistrate. Any Magistrate is allowed u/s 190 cr.pc. to direct a police officer in charge of a police station to investigate any cognizable crime, according to section 156(3) Cr.Pc. Section 190 empowers any Magistrate to take cognizance of an offence after making a letter, a police report (challan), or evidence from a source other than a police officer who has knowledge of the offence.” A Magistrate may only direct an inquiry under section 156(3) cr.pc. at the pre-cognizance level in the case of Tula Ram vs. Kishore Singh.

Procedure for investigation; U/Sec.157 Cr.Pc.

Where there is a fair suspicion of the crime of a cognizable crime, the police officer must immediately give a copy of the report to the Magistrate, who is authorized to take cognizance of the offense based on a Police Report. The grounds for suspicion may be an FIR filed under Section 154 of the Criminal Procedure Code or some other police records. Furthermore, in the case of a rape offense, the victim’s testimony shall be recorded at the victim’s home or at a location of her convenience, as far as possible by a female police officer in the presence of her parents, guardians, close friends, or a nearby social worker.

Power of Police to require the attendance of witnesses; U/Sec.160 Cr.Pc.

According to section 160 of the Criminal Procedure Code, a police officer may issue a written order requiring witnesses to appear. Provided, however, that no male child under the age of 15 or over 65, or a woman, or a mentally or physically impaired person, shall be allowed to attend at any location other than where he or she resides.

Examination of witnesses by Police; U/Sec. 161 Cr.Pc

Statements are taken by those who are familiar with the details and circumstances of the case and limited to writing under section 161 cr.pc. Provided, however, that any comment made under this provision can be filmed using audio-video electronic devices. A woman police officer must record the testimony of a woman against whom an offence u/s 354, 354A, 354B, 354C, 354D or 376, 376A, 376B, 376C, 376D, 376E or section 509 of the IPC is suspected to have been committed or attempted, according to the Criminal Law (Amendment) Act 2013.

Power to submit charge sheet after completing investigation; U/Sec. 173 Cr.Pc.

Police submits charge sheet after completion of the investigation. It consists of FIR copy, statement of complainant/informant, statement of witnesses, seizure memo, panchnama, dying declaration, recovery of articles, etc.

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