General Provisos of Inquiry, Investigation and Trial

Introduction

Criminal Law in the Republic of India is assessed into two categories: The Indian Penal Code, 1860, and the Code of Criminal Procedure, 1973. Criminal Law is either substantive law i.e. that defines offenses and prescribes punishments for them, or procedural or adjective law. In different words, substantive law determines the rights, whereas procedural law defines the remedies.

The Indian Penal Code is substantive in nature. Because it lays down what acts quantity of varied offenses and prescribes the corresponding punishments. On the contrary, the Criminal Procedure Code is procedural; because it furnishes the elaborated machinery for making an attempt for offenders. The procedure is to be followed for trying criminal offenses beneath the Indian Penal Code. An identical procedure conjointly applies to offenses beneath any law; unless any enactment prescribes a special kind of procedure applicable to such offenses. Each of the Codes is equally necessary as they complement one another. Therefore, it is imperative that the procedural law is as effective as the substantive law. A criminal case includes three stages: Inquiry, Investigation, and Trial. This article explains the meaning and provisions of each one of these stages.

Inquiry

According to Section 2(g) of CrPC, it means every inquiry other than a trial conducted under the Code by a Magistrate or Court.

Cases in which an inquiry may be made are as under:

• For security proceedings under the Code; the Magistrate must inquire regarding the authenticity of information and call for evidence. If required when the informed person appears.
• In case of a land or water-related dispute, the Magistrate has the authority to go through the merits of the case. Take into account the statements, documents, and affidavits and conclude the inquiry. The Magistrate must also decide as to which one of the two parties were in possession of the disputed property.
• On receipt of the police report in a non-cognizable case, the Magistrate may either direct the investigation. Hold a preliminary inquiry or depute any subordinate Magistrate to do so. In the case where the Magistrate is unable to exercise either of the above categories, he may dispose the case.
• It is the duty of a Magistrate to hold an inquiry in the name of a person lying in police custody and find out; whether the death of the person was unnatural or as derived by the Police Officer in his concerned investigation.
• When a complaint is filed before the Magistrate; he may postpone the issue of process for compelling the attendance of the person; against whom the complaint was filed. Either inquire into the case himself or direct the inquiry made by any subordinate Magistrate, Police Officer. Or any person determining the fabrication of truth in the complaint.

Types of Inquiry

• Judicial Inquiry: An inquiry conducted by any judicial body in the presence of the Judge.
• Non-Judicial Inquiry/ Administrative Inquiry: An inquiry which is not for judicial purpose and without the involvement of a judge.
• Preliminary Inquiry: This inquiry is more of a pre-trial procedure wherein the judge proceeds. Only if he is of the opinion that there is sufficient evidence for proceeding with the trial.
• Local Inquiry: This inquiry is conducted by any local authority and is usually considered when the case is complex.
• Inquiry into an offense: An inquiry in the case where the Magistrate thinks that; the case needs to be tried under Section 323 of CrPC which is as under:
  • Procedure when, after Commencement of inquiry or trial, Magistrate finds case should be committed. If in any inquiry into an offense or a trial before a Magistrate. It appears to him at any stage of the proceedings before signing judgment; that the case is one which ought to be tried by the Court of Session. He shall commit it to that Court under the provisions hereinbefore contained and; thereupon the provisions of Chapter XVIII shall apply to the commitment so made.
• Inquiry related to matters other than an offense: Any inquiry which does not come under the purview of Section 323 of CrPC.

Investigation

According to Section 2(h) of CrPC, 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 a Magistrate in this behalf.

The elements under this provision are as under:

• It should not just be an act of recording a complaint but must be a process.
• It can be conducted by any other official other than a Magistrate.
• The aim of investigation is collection of evidence.

Investigation is followed by the registration of First Information Report (FIR). The duty of an investigation officer is not merely to bolster up a prosecution case with such evidence as may enable the Court to record a conviction by any means but to find out if the Investigation Officer can secure offenders connected to the crime and to bring them justice.

Investigation Procedure under the Code of Criminal Procedure

According to Section 156 of the Code, the police officer has been given the power to investigate the matter. The Police Officer needs to be informed regarding the offence. Thereafter two conditions need to be fulfilled prior to proceeding with the investigation; The Police Officer needs to suspect that the offence satisfies all the provisions under Section 157. And prior to the investigation, the purpose of investigation should be met. The FIR must be filed in order to keep a note of the information. Same shall be jotted down in writing for maintenance of records by the Officer under Section 154. The Investigation Procedure deals with Section 154- 176 of the Code and same is listed as under:

First Information Report (Section 154)

This is a report recorded by a Police Officer in case of a cognizable offence. Such a report if given orally, shall be made in writing by the Officer. A copy of the same shall be given to the person informing without any charge. However, in case of a sexual harassment case, the report must be made by a Lady Police Officer. Further if the accused person is disabled either permanently or temporarily.

Then the Police Officer shall visit his place lf residence or any other place suitable to the accused for making the report. It is important for the Officer to take the signature of the informant/accused on the report and failing to do so; the information shall not be considered in the Court. The Officer cannot deny recording any information provided by the person as the person has the right to send any such information directly to the Superintendent of Police by post.

Powers of Investigation (Section 155-159)

As noted above, a Police Officer can record information only in case of a cognizable offense. However, a non-cognizable offense can be investigated by acquiring due permission from the Magistrate and on receipt of such orders from the Magistrate, the Officer can proceed with the investigation.

Attendance and Examination of Witnesses (Section 160 & 161)

A Police Officer has the right to call upon any witness who he thinks has a connection with the facts of the case. However, there are certain exceptions wherein which the witness shall testify from his/her place of residence only, that is in case if the male witness is under the age of fifteen or above the age of sixty-five years or a woman who is disabled either physically or mentally. The Police Officer also has the authority to investigate any witness orally and such a witness is required to testify the true facts of the case other than the facts that may lead him to penalty and such testimony shall be made in writing by the Officer.

Statement and Confessions (Section 162-164)

This Section states that no Police Officer or any person making the statement is required to sign the same as such a statement shall only be made use of if the witness is prosecuted during any inquiry. Section 162 has two main rules:

• The statement may be used by the opponent in case the statement of contradicted by the prosecuted witness.
• The witness making any such statement shall be re-examined.

Medical Examination of a rape victim (Section 164A)

During the investigation of a rape victim, the medical expert or any certified medical practitioner is required to examine such a victim. The medical practitioner shall record the below-mentioned particulars:

• Name and address of the victim.
• Age of the victim.
• DNA profiling.
• Marks of injury.
• Mental condition of the woman.

The medical practitioner shall submit such a report to the Officer and the Officer may forward it to the Magistrate as a matter of evidence.

Search by Police Officers (Section 165-166)

If any officer has a reason to believe that any evidence can be found within the limits of the Police Station, the Officer causes a search for such evidence within the limits of the Police Station. However, if the same is not within the limits of the Police Station, he may appoint a Subordinate Officer for investigation of the same.

Letters of Request (Section 166A- 166B)

A letter of request may be issued to the Court or any other competent authority in India if the Criminal Court deems it to be fit. Such a request may be for the oral examination of the case facts and for the production of any document in possession.

Other provisions regarding Investigation (Section 167-176)

Any investigation shall be completed by the Police Officer within a period of 24 hours, however the same is not likely to happen in the case where the accused is under arrest. Section 57 of the Code has certain grounds under which the Officer on due permission of the Magistrate, shall take such accused in Police custody for inquiry for a term not exceeding 15 days. It is mandatory for any Police Officer to maintain all such records of investigation in a Police Diary in which the Officer shall keep a note of daily proceedings of his/her investigation. Such a diary can be called for by the Criminal Court for a better understanding of the facts of the case but it cannot be considered as evidence.

Trials

The term trial was defined as “the proceedings taken in court after a charge has been drawn up and includes the punishment of the offender”. A trial is a judicial proceeding that ends in a conviction or acquittal. Trial pre-supposes the existence of an offense. It represents the proceedings from the point at which they must result in a conviction or acquittal. Trial of a controversy arising from an issue also covers the trial of an election petition of a complaint from the beginning to the end. A trial is a judicial process that starts after investigation. The following are the types of trials:

Sessions Trial

The prosecution is required to open his case by mentioning all the charges enforced on the accused person and evidences proving the accused guilty. The Judge may call for witnesses in a case where the accused refuses to plead guilty. The Judge after hearing all the arguments, may give the final verdict. The accused has the right to be heard before the sentence is passed. An opportunity is given to the accused under Section 235 of the Criminal Procedure Code if the accused is not convicted under Section 302 of the Indian Penal Code.

Warrant Trial

The Magistrate shall make sure that the accused has been provided with a copy of the FIR free of cost before the commencement of the trial. If the Magistrate finds the charges pressed on the accused inadmissible, he shall immediately dispose of the case. If the accused pleads guilty, the Magistrate shall convict him based on such a plea. Also if the accused does not plead guilty, the Magistrate shall call for witnesses for examination.

Summons Trial

There are no charges framed in a summons case. Offenses under summons case are not punishable for more than two years of imprisonment. The Court if deems fit, may convert a summons case into a warrant case for giving justice.

Summary Trial

A summary trial is to have a record which is sufficient for the purpose of justice and yet, not so long as to impede a speedy disposal of the case. In other words, a summary trial is a “summary” only in respect of the record of its proceedings, and not in respect of the proceedings themselves, which should be complete and carefully conducted as in another criminal case.

Conclusion

The three stages of Inquiry, Investigation, and Trial are complementary and not overlapping. An inquiry may be born out of vague rumors and uncertain beginnings. An investigation starts only when a Police Officer has formed a definite opinion that there are grounds for investigating a crime. A trial on the other hand, determines whether the accused person is guilty of the crime committed.