Stages of investigation

Procedure for Investigation u/s 157 (S. 176 BNSS)

(Already discussed in unit 3 in investigation process)
• Sending a report to the magistrate- A report called occurrence report is sent to the magistrate forthwith i.e.
without any delay
• This is the preliminary report which acquaints the Magistrate that the police officer shall be investigating that
particular case.
• RAPE VICTIME- statements be recorded at her place or residence or any other place and videographed.
• Offences punishable with 7years or more- forensic expert is required in process of collecting evidences. If not
available in a state it can take help of some other state and within 5yrs. That state should get all forensic related
facilities.
• If police not investigating the case, they shall inform the informant about it.
There are three types of reports are required to be prepared at three different stages of investigation are as follows.
• 1. Section 157/176 BNSS requires a preliminary report to be submitted from the officer-in-charge of a
police station to the Magistrate.
• 2. Section 168/188 BNSS requires the submission of a report from a subordinate officer to the
officer-in-charge of the station.
3. Section 173/193 BNSS requires a final report to be submitted to the Magistrate as soon as the
investigation is completed.
Arrest- Procedure & Rights of
arrested person
(S. 41 A-D, 46,47,50, 50A, 51-53, 53A, 54-54A, 55A, 56-57, 60A)
Rational behind arrest:

By arrest, restraint is put upon the freedom of moment of the accused.

Purpose is to balance the societal interest & individual liberty.

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For fair & effective investigation, there should be no hindrance. Therefore, for grave &
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etc. thereby arrest is made.
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heinous offences there are chances that accused be absconding or may threaten witnesses
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APOnto arrest an accused.
It is not mandatory upon
 Types of arrest:
1. When PO arrests without warrant(S.41)-

When cognizable offence Information received of any cognizable

committed in his presence offence, more than 7 yrs or complaint

Proclaimed Stolen
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Escaped
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deserter obstruction requisition
offender property custody
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Released convict

✔ Reasons be recorded for arrest in writing by PO, if 7yrs. or less punishment.

2. Arrest in non-cognizable cases (S.42)-
3. Arrest by private person(S.43)-
4. Arrest by judicial/executive mag.(S.44)-

✔ Nature of offence can be cognizable or non-cognizable.

✔ Offence be committed in presence of mag. Or accused is present in front of him.
 Procedure for arrest:
S.51/52 S.54A TIP
S.45 protection of
S. 48 Pursuit of Search of arrested (test identification
member of armed s.55
S.47 Search of place offenders into other person/power to pared)
forces inform Procedure when PO
entered by person jurisdiction seize offensive Arrestee can subject
arrest. asks subordinate to
sought to be weapon- memo is himself to TIP by arrest without
arrested- if any to be made. any other person warrant.
women inside &
due to customs she
can’t come out.

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S.60 power on escape,
S. 164A
to pursue & retake S.53 examination of S. 53A accused of
From whose custody
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accused by medical
S rape- medical
Examination
of rape victim

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person escaped has practitioner at the examination (if no with consent
power to arrest from

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S.59 discharge of person apprehended only request of PO govt. hospital within of women or
on bond, bail or procedure before mag. anywhere in India. 50Km then go to pvt. guardian in
Hospital) 24hrs.
 Safeguards for arrest:
s. 57 – produce S.50 inform
S.58 report to DM
arrestee within arrestee grounds Information
24hr to the mag. S.46 reasonable
of arrest & his about bailable
force be used
right to bail offence

S.50A/41B inform
family & friends
(daily dairy) S.41B arrest
memo
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S.53/54/53A-
medical S.41D

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S.41C- control
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S.55- health S. 49- no unnecessary
room @ district & & safety restrain
state

For women to arrest-

women PO is required &
not before sunrise &
sunset.
 Case: D. K. Basu v. State of West Bengal, (1997) 6 SCC 642 30

Facts: Mr. D K Basu, addressed a letter (a postcard) to the Chief Justice of India drawing his attention to certain news
items published in newspapers regarding deaths in police lock-ups and custody.
It was requested by the petitioner that the letter along with the new items be treated as a writ petition under ‘public
interest litigation’ category.
11 Guidelines for Arresting a Person:
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1. Police personnel arresting and interrogating suspects should wear “accurate, visible and clear” identification and
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name tags with their designation. The particulars of all such police personnel who handle interrogation of the arrestee
must be recorded in a register.
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2. A memo of arrest must be prepared at the time of arrest. This memo should have the time and date of arrest. This
memo must be attested by at least one witness who may either be a family member of the person arrested or a
respectable person of the locality where the arrest was made. It must be counter-signed by the person arrested.
3. The person arrested, detained or being interrogated in custody in a police station or interrogation center or other lock
up has a right to have a relative, friend or well-wisher informed as soon as practicable, of the arrest and the place of
detention or custody. If the person to be informed has signed the arrest memo as a witness this is not required.
4. Where of the person arrested lives outside the district, the time and place of arrest and venue of custody must be
notified by police within 8 to 12 hours after arrest. This should be done by a telegram through the District Legal Aid
Authority and the concerned district and police station.
5. The person arrested should be told of the right to have someone informed of the arrest, as soon as the arrest or
detention is made.

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6. An entry must be made in the diary at the place of detention about the arrest, the name of the person informed and

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the name and particulars of the police officers in whose custody the person arrested is. This should include details of

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all events from police officers leaving police station arrest to bringing the arrestee to the custody. It includes details
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all police officers involved, mode of transportation including details of vehicle used. It should also disclose the
name of the next friend of the person who has been informed of the arrest.
7. The person being arrested can request a physical examination at the time of arrest. Minor and major injuries if
any should be recorded. The “Inspection Memo” should be signed by the person arrested as well as the arresting
police officer. A copy of this memo must be given to the person arrested.
8. The arrestee must have a medical examination by a qualified doctor every 48
hours during detention in custody. This should be done by a doctor who is on the
panel of approved doctors, which must be constituted by the Director of Health
Services of every State or union territory. Director, Health Services should prepare
such a penal for all Tehsils and Districts as well.
9 Copies of all documents including the arrest memo have to be sent to the Area
Magistrate for his record. r m a
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10. The arrestee has a right to meet a lawyer
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11. There should be a police control room in every District and State headquarters
where information regarding the arrest and the place of custody of the person
arrested must be sent by the arresting officer. This must be done within 12 hours of
the arrest. The control room should prominently display the information on a
notice board.
 State of Haryana v. Dinesh Kumar, (2008) 3 SCC 222 33
This case came up in two appeals.

Question was-In these two appeals it is to be decided what constitutes arrest & custody?

FACTS:

FIR was filled against the accused Dinesh, he approached to the mag. for bail and he got bail & later on he was acquitted in the case. (appeal I)

Lalit & Bhupendrer also applied for bail, in a case where FIR was filled against them, they were released on bail & later got acquitted. (appeal II)

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All three persons applied for the post of constable (driver) & filled the form. There were two ques. In the form-
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1. Have you ever been arrested?

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2. Were you convicted any time?

Dinesh answered in negative for both ques.

Lalit & Bhupindra with held this ques. 1 & did not answered.

DGP rejected all of their candidature for hiding information.

They went to Punjab & Haryana High Courts.

✔ For Dinesh: court said he be appointed for the post as they were never arrested or convicted.

✔ For Lalit & Bhupindra: court said not to be appointed as they withheld the information.

✔ Matter went to Supreme court- legal que involved was

“what constitutes arrest & custody”?

 S. 46 CRPC – arrest how made?
In making an arrest the police officer or other person making the same shall actually touch or confine the
body of the person to be arrested, unless there be a submission to the custody by word or action.
If such person forcibly resists the endeavor to arrest him, or attempts to evade the arrest, such police officer
or other person may use all means necessary to effect the arrest.
No women shall be arrested after sunset and before sunrise.
Supreme Court:
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S h a relation to criminal proceedings, SC held that
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it may not be altogether unreasonable to except ajlayman
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while considering the que. Of what constitutes arrest & custody in
to construe that he had never been arrested on his
Aimmediately, it would amount to arrest only. Position might have
appearing before the court & being granted bail
been different, had person concerned not been released on bail.
But the supreme court took a liberal view in the case. SC allowed all of them to join the post & their salary be
given from the date of this judgment.
 Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
This petition was filed by the appellant apprehending his arrest in a case under S. 498-A of IPC & section 4 of Dowry
Prohibition act, 1961.
Case is related to dowry. FIR was filed by the wife against husband u/s 498A (cognizable offence) . He applied for
anticipatory bail in the case.
His anticipatory bail was rejected & he filed SLP in Supreme Court.

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Supreme court gave guidelines related to misuse of s. 498A.

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Mandatory Directions given in the case-
The Supreme Court of India under Para 13 of the judgement in order to ensure that police officer do not arrest the accused unnecessarily and magistrate do not authorize
detention, the Court giving the following directions:
1. All the State Government should instruct its police officers not to automatically arrest a person when an offence under section 498-A of the Indian Penal Code is
registered. The necessity of arrest arises when the case falls under the parameter of section 41 of the Code of Criminal Procedure.
2. All police officers be provided with the check list containing specified clauses under Section 41 (1) (b) (ii). For example if there are chances of him committing
further offence or tempering the evidences, inducing threat or promise etc. then arrest shall be made.
3.
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The police officer shall forward the check list duly filed and furnished with the reason and material necessitated the arrest while producing accused before the
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magistrate for further detention.
4.
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The magistrate while authorizing the order of further detention shall rely upon the report furnished by the police officer and only after recording the reason duly
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furnished on Police report and on the satisfaction, the Magistrate will authorize further detention.
5. The decision not to arrest an accused be forwarded to Magistrate within two weeks from the date of institution of the case with a copy of Magistrate which may
extended by the Superintendent of police of the district for the reason to be recorded in writing.
6. Notice of Appearance in terms of Section 41-A of the Code of Criminal Procedure be served upon the accused within two weeks from the date of institution of case
which may be extended by the Superintendent of Police after recording the reason in writing.
7. Failure to comply with the directions mentioned above shall rendered the police officer liable to be punished for contempt of court before High Court having
jurisdiction.
8. Authorizing detention by the Judicial Magistrate without recording the reason, the concerned Judicial Magistrate shall be liable for Departmental Proceedings by the
High Court.
Dk basu case pertains to the rights of the arrested person.
Arnesh Kumar v. State of Bihar this case talks about a situation when can a person be

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arrested in case which are punishable with upto 7 yrs imprisonment. The guidelines are

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applicable only in case of offences punishable with upto 7 years of punishment.

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Search & seizure
(S. 165,166 r/w S. 100)
Search:

Within police station

Outside police
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station

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s. 165
As.n166 s. 166A
Letter of request
 Provisions for search & seizure
S. 165: Search by police officer.
PO if thinks search is necessary for investigation he can do so.
For this PO should record reasons in writing, specifying things to be searched. Otherwise it
will be illegal.

S. 100 & S. 165 be complied with.

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S. 166: when a police officer is in charge of a police station he may require
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another person to issue the search warrant
This section authorizes an officer in charge of one PS to get search made by another
officer-in-charge of Police Station.
S. 166A: Letter of request for investigation in other country (outside India).
Such request shall be send through govt. of India.
s. 166B: search to be made in India by country outside India.
Case:

D.K. Basu v. State of west Bengal (1996)

State of Haryana v. Dinesh Kumar, (2008) 3 SCC 222 33

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Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
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Thank you!

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