This Article is written by Shalu & this article disscuss the concepts of Meaning & Purpose of Investigation, Procedure to follow On Completion of Investigation
Introduction
Meaning of Investigation
Purpose of Investigation
Procedure of Investigation
Conclusion
Introduction:
Investigation plays a key role in various aspects of life, from law enforcement and corporate governance to scientific research. Whether it’s solving a crime, dealing with misconduct in the workplace, or uncovering the truth behind a complex problem, investigations are essential to maintaining order, justice, and accountability in society. In this blog we will delve into the meaning and purpose of an investigation, explore the importance of the process and the procedures to be followed once completed.
Meaning of Investigation:
the term “investigation” was defined in section 2 (h) of the Criminal Code, investigation includes all proceedings under this Code for the purpose of gathering evidence conducted by a police officer or any person (other than a judge) authorized by a magistrate in that behalf.
The offense investigation consists of:
1. Progress to the place.
2. Finding the facts and circumstances of the case.
3. Detection and arrest of the suspect.
4. Gathering evidence, which may include:
• Investigation of the persons concerned and reduction of their statements to written form.
• Search and seizure of places and things deemed necessary.
Purpose of investigation:
truth discovery and fact-finding:
An investigation is conducted to uncover the truth behind a given incident or circumstance. In a legal context, this often involves determining the sequence of events, identifying key players, and developing a comprehensive understanding of the situation.
Maintaining responsibility:
Investigations play a key role in holding individuals or entities accountable for their actions. Whether in a corporate setting or a criminal case, an investigation helps identify responsible parties and ensure that appropriate action is taken to address any wrongdoing.
Prevention of future incidents:
By analysing the root causes of the problem, the investigation contributes to the development of preventive measures. Learning from past incidents allows organizations and authorities to implement changes and safeguards, reducing the likelihood of similar problems in the future.
Ensuring Justice:
In the context of law and law enforcement, investigations are necessary to ensure justice. Discovering the truth and presenting evidence in a fair and impartial manner are fundamental aspects of the judicial system.
Procedure for completing the investigation:
Documentation of findings:
Compile a detailed report documenting the findings of the investigation. This should include a summary of the incident, the investigation process, key evidence and conclusions drawn.
Presentation of results:
Present results to relevant stakeholders, whether law enforcement, organizational management or other stakeholders. Transparency is essential to maintaining trust and accountability.
Legal proceedings (if any):
If the investigation involves criminal activity, ensure that appropriate legal action is taken. This may include filing charges, presenting evidence in court, or cooperating with law enforcement.
Implementation of corrective measures:
Based on the findings of the investigation, take corrective action to address the root causes of the problem. This may include changes to policies, procedures or personnel to prevent recurrence.
Constant improvement:
Use the insights gained from the investigation to improve existing processes. Consider this a learning opportunity to increase organizational resilience and responsiveness.
Procedure to follow:
Section 157 of the Code sets out the investigative procedure to be followed by the police in gathering evidence. The investigation of a cognizable case begins when the police officer in charge of the police station has reason to suspect the commission of a cognizable offense on the basis of the FIR or any other information so received. It demands that information about the FIR be sent to the municipality immediately. The police officer will then personally come to the place to investigate the facts and circumstances, or he will assign one of his subordinates to do so, and if necessary, he will take measures to identify and detain the person. If the information received by the police officer is not of a serious nature, the police officer does not have to act personally or authorize a subordinate to investigate on the spot. And if there is no sufficient reason to start an investigation, he will not investigate the case. And he shall state in his report that he does not comply with the requirements of this section and shall notify the informant that he will not investigate the case or have it investigated. He then sends this report to the municipality empowered to take cognizance of such an offence.
Procedure to be followed after completion of investigation:
Mentioned in Section 169 to 173 Crpc
Release of accused in case of lack of evidence
In the absence of sufficient evidence and reasonable grounds to justify surrendering the accused to a magistrate, the officer shall release him, with or without bond, and may order him to appear before a magistrate on demand.
Cases to be sent to Magistrate when evidence is sufficient
If the police officer has enough evidence and reasonable grounds, he will hand over the accused to the magistrate so that the magistrate can learn about the offense and try or hand over the accused to the court. If the offense is bailable, the accused will be given surety and released on bail only to attend the Magistrates’ Court and his daily appearance before the Magistrate when required.
Investigation Progress Log (Section 172)
This section deals with the contents of the case diary which must be kept by every investigating officer. The purpose of this section is to enable the magistrate to find out what was the day-to-day information of the police officer who investigated the case. Oral statements of witnesses should not be recorded in this diary. This diary may be used in court proceedings or investigations, not as evidence, but to assist the court in the management of the case.
Police report on completion of investigation
The final report of the police officer after completion of investigation is sent to the Magistrate under Section 173. This report is generally called “Chargesheet” or “Challan”.
If a senior official is appointed by the state government, he sends a report to the municipality. And while the magistrate’s orders are dealt with, he will direct further inquiries to the officer in charge of the police station.
If, according to the police officer, part of the statement of the protocol submitted by him is not essential, he will ask the municipality to exclude this part and not consider it. Further investigations can also be carried out even after the Master’s report has been submitted.
Conclusion:
Investigations serve as the backbone of accountability, justice, and improvement in various aspects of our lives. By understanding the meaning and purpose of investigations and following a comprehensive procedure upon their completion, we can ensure a fair, transparent, and effective approach to addressing and resolving complex issues. As society evolves, investigations remain a vital tool for navigating the challenges of an ever-changing world.
Reference
Rai, D. (2022) Procedure of investigation under CRPC, iPleaders. Available at: https://blog.ipleaders.in/procedure-of-investigation-under-crpc/ (Accessed: 18 January 2024).
(No date) The code of criminal procedure, 1973 [25th January, 1974 … – India code. Available at: https://www.indiacode.nic.in/bitstream/123456789/6796/1/ccp1973.pdf (Accessed: 18 January 2024).
