Stages of investigation

Procedure for Investigation u/s 157

(Discussed in unit 6)
• 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.
There are three types of reports are required to be prepared at three different stages of
investigation are as follows.
• 1. Section 157 requires a preliminary report to be submitted from the officer-in-
charge of a police station to the Magistrate.
• 2. Section 168 requires the submission of a report from a subordinate officer to
the officer-in-charge of the station.
3. Section 173 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.

m a
ar
For fair & effective investigation, there should be no hindrance. Therefore, for grave &

i Sh
heinous offences there are chances that accused be absconding or may threaten witnesses


etc. thereby arrest is made.
An jal
It is not mandatory upon PO to arrest an accused.
 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

m a
deserter
Proclaimed
offender
Stolen
property
Escaped
Sh
custody ar obstruction requisition

jal i
extradition An
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. S.60 power on
escape, to pursue &
r m a
S.53 examination of
S. 164A
retake
From whose custody
Sh a
accused by medical
S. 53A accused of
rape- medical
Examination
of rape victim

S.59 discharge of person apprehended only

person escaped has
j al i practitioner at the
request of PO
examination (if no
govt. hospital within
with consent

on bond, bail or procedure before mag.

An
power to arrest from
anywhere in India. 50Km then go to pvt.
Hospital)
of women or
guardian in
24hrs.
 Safeguards for arrest:
s. 57 – produce S.58 report to S.50 inform
arrestee within DM 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
a
S.53/54/53A-
m
memo

Sh ar medical
examination
S.41D
lawyer

jal i
S.41C- control An 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.
m a
11 Guidelines for Arresting a Person:
Sh ar
jal i
1. Police personnel arresting and interrogating suspects should wear “accurate, visible and clear”

An
identification and name tags with their designation. The particulars of all such police personnel
who handle interrogation of the arrestee must be recorded in a register.
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.

m a
6. An entry must be made in the diary at the place of detention about the arrest, the name of the
h ar
person informed and the name and particulars of the police officers in whose custody the person
S
jal i
arrested is. This should include details of all events from police officers leaving police station arrest
An
to bringing the arrestee to the custody. It includes details 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.
m a
Sh ar
9 Copies of all documents including the arrest memo have to be sent to the
Area Magistrate for his record.
jal i
An
10. The arrestee has a right to meet a lawyer during the interrogation,
although not throughout the interrogation.
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)

m a
ar
 All three persons applied for the post of constable (driver) & filled the form. There were two ques. In the form-

1. Have you ever been arrested?

i Sh
2. Were you convicted any time?
 Dinesh answered in negative for both ques. An jal
 Lalit & Bhupindra withheld 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.

m a
Supreme Court:
Sh ar
jal i
while considering the que. Of what constitutes arrest & custody in relation to criminal proceedings, SC held that

An
it may not be altogether unreasonable to except a layman to construe that he had never been arrested on his
appearing before the court & being granted bail immediately, it would amount to arrest only. Position might have
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.
m a
 Supreme court gave guidelines related to misuse of s. 498A.
Sh ar
jal i
An
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.
m a
2.

Sh ar
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.
jal i
The police officer shall forward the check list duly filed and furnished with the reason and material necessitated the arrest while producing

4.
accused before the magistrate for further detention.
An
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 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
a
arrested in case which are punishable with upto 7 yrs imprisonment. The guidlines are
m
Sh ar
applicable only in case of offences punishable with upto 7 years of punishment.

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

Outside police
r m a
Outside India
Within police station
station
Sh a
jal i
s. 165
An s. 166
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.
m a
Sh ar
jal i
S. 166: when a police officer is in charge of a police station he may require
An
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

m a
ar
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273

i Sh
An jal
 Thank you!

m a
Sh ar
jal i
An