Section 2(h) of the Criminal Procedure Code 1973 defines the term investigation. According to this clause investigation includes all the proceeding under this code conducted by police officer or by any other person not being a magistrate but empowered by magistrate in this behalf. The sole purpose of Investigation is to collect the evidence for the prosecution of the case.
Investigation includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by Magistrate in this behalf.
Section 2(h) of the CODE of criminal procedure, 1973
Supreme Court Satish Narayan Sawant vs State of Goa 2010 Has observed that in every investigation following steps are included –
- Proceeding to the spot
- Determine the facts and circumstances of the case
- Discovery and arrest of the suspected person
- Collection of evidence relating to commission of offence
According to Section 2(h) an investigation may be made either by police officer or by any other person (not being Magistrate) empowered by Magistrate.
only in in complaint case private person may investigate the case provided that he is empowered by the Magistrate. According to Section 202(3) such private person shall have all the powers of Officer in Charge of police station except arrest without warrant. Section 157 of the code in powers of officer in charge of police station to make an investigation
But he may delegate his power of investigation to any police officer who is not below the rank as provided by State Government.
When Police Officer May refuse to investigate ?
According to proviso to Section 157(1) in following cases Police Officer May refuse to investigate the case –
- Where the information has been given with the name of accused and matter is not serious nature.
- Police officer is of opinion that there is not sufficient grounds for entering into investigation.
In each of the cases mentioned above police officer shall inform to Magistrate concern that he will not investigate the case and in later case he shall also inform to the informant.
According to Section 173(1) every investigation shall be completed without unnecessary delay but in summons cases according to Section 167(5) investigation shall be completed within 3 months from the date when the report is lodged.
