Information to Police & their Powers to Investigate

Under the Code of Criminal Procedure, 1973 (CrPC) in India, there are provisions that empower the police to investigate crimes and gather evidence.

Powers and responsibilities of the police during the investigation process:-

FIR (First Information Report):

• The investigation usually begins with the filing of an FIR. Anyone who has knowledge of a cognizable offense can file an FIR with the local police station. The police are duty-bound to register an FIR for cognizable offenses, and it’s the first step in the investigation process.

Powers of Arrest:

• The police have the authority to arrest individuals involved in cognizable offenses without a warrant. This power is subject to certain legal restrictions and safeguards, including the need for a reasonable belief that the accused has committed the offense.

Search and Seizure:

• The police have the power to conduct searches of places and persons in connection with a crime. They can seize relevant evidence, weapons, and contraband during these searches.

Interrogation and Examination:

• The police can interrogate and examine individuals, witnesses, and suspects during the investigation. They can also record statements of witnesses and the accused. These statements can be used as evidence during the trial.

Detention and Remand:

• After arrest, the police can detain the accused in custody. However, they must produce the arrested person before a magistrate within 24 hours, excluding the time necessary for travel. The magistrate will decide whether to grant remand or bail.

Collection of Evidence:

• The police have the authority to collect evidence, which includes gathering documents, conducting forensic tests, and preserving the crime scene. They can also request assistance from experts.

Investigation Report:

• The police prepare an investigation report, commonly referred to as a “charge sheet” or “final report.” This report contains details of the investigation, evidence collected, and a list of accused persons. It is submitted to the magistrate.

Summoning Witnesses:

• The police can summon witnesses and take their statements. Failure to comply with such summons can result in legal consequences.

Investigative Powers for Special Crimes:

• In certain cases, such as those involving terrorism, organized crime, or economic offenses, the police may have enhanced investigative powers, which may include the interception of communications and the use of wiretaps, subject to legal procedures and oversight.

Witness Protection:

• The police are responsible for ensuring the protection and safety of witnesses who may be at risk due to their cooperation with the investigation.

First Information Report Section 154 CrPC:-

A First Information Report (FIR) is a crucial legal document in the Indian criminal justice system, and it is governed by the Code of Criminal Procedure, 1973 (CrPC). An FIR is a written document prepared by the police upon receiving information about the commission of a cognizable offense. Here’s some important information about FIRs:

1. Purpose: The primary purpose of an FIR is to set the criminal justice system in motion. It marks the formal beginning of a criminal investigation into an alleged offense.
2. Cognizable Offense: An FIR can only be registered for cognizable offenses. Cognizable offenses are more serious crimes where the police have the authority to arrest without a warrant. These offenses generally include crimes like murder, rape, robbery, and other serious crimes.
3. Informant: The FIR can be filed by any person who has knowledge of the commission of a cognizable offense. It can be filed by the victim, a witness, or even a police officer who becomes aware of the offense.
4. Contents of FIR: An FIR typically contains the following information:

• Details of the offense, including the date, time, and place of occurrence.
• A description of the offense.
• Names and descriptions of the accused (if known).
• Names and contact information of the complainant and witnesses.
• Any other relevant information.

Procedure for Filing an FIR:

• The person wishing to file an FIR should go to the local police station where the offense occurred or where the information came to light.
• They can provide the information orally or in writing, although it is advisable to provide it in writing to avoid any potential misinterpretations.
• The police are legally required to register the FIR. They cannot refuse to register an FIR for a cognizable offense.

1. Acknowledgment: Once the FIR is registered, the police provide an acknowledgment or a copy of the FIR to the informant. This acknowledgment is essential for tracking the progress of the case and obtaining necessary documents.
2. Investigation: After the FIR is registered, the police initiate an investigation into the alleged offense. This includes collecting evidence, recording statements, and identifying and apprehending the accused.
3. Copy of FIR: The informant has the right to obtain a copy of the FIR for their records.
4. Change or Addition to FIR: If the informant later realizes that some information was missed or incorrectly recorded in the FIR, they can request the police to make necessary changes or additions.
5. Use in Court: The FIR is considered an important piece of evidence in court. The statements and details contained in the FIR can be used during the trial to establish the facts of the case.

Case Laws on F.I.R.

Lalita Kumari v. Government of U.P. & Others (2014):

• This landmark case established clear guidelines for the registration of FIRs in cases of cognizable offenses. It held that registration of an FIR is mandatory if a cognizable offense is disclosed, and no preliminary inquiry is allowed in such cases. The case emphasized the importance of prompt registration of FIRs.

Sakiri Vasu v. State of U.P. (2008):

• This case highlighted the importance of the informant’s right to receive a copy of the FIR. It held that the accused or informant has the right to get a copy of the FIR once it’s registered. This decision reinforced transparency in the FIR registration process.

Tapan Kumar Singh v. State of Jharkhand (2007):

• In this case, the Supreme Court held that the police have the duty to register an FIR when information regarding a cognizable offense is received, and the informant has a right to receive a copy of the FIR. Failure to register an FIR may lead to departmental action against the police officers.

Sheonandan Paswan v. State of Bihar (1987):

• This case clarified that the FIR is not substantive evidence but can be used to corroborate the informant’s version of events. It also emphasized the importance of the FIR in providing early information about an incident.

Ramesh Kumari v. State (2003):

• This case established that the delay in lodging an FIR doesn’t necessarily discredit the case if there is a reasonable explanation for the delay.

Vikram Singh vs. State of Punjab (2015):

• In this case, the Supreme Court emphasized the importance of the FIR as the first information about the crime. It held that the FIR should not be a verbatim account of the incident but should reflect the substance of the information received.

State of Haryana vs. Bhajan Lal (1992):

• This case, often cited in cases related to misuse of FIRs, provided guidelines on when the High Court can quash an FIR under Section 482 of the CrPC to prevent abuse of the legal process.

Objects & Importance of F.I.R.

The First Information Report (FIR) is a critical document in the Indian criminal justice system. Its primary objects and importance are as follows:

Objects of F.I.R.

1. Prompt Reporting: The primary object of an FIR is to ensure that information about a cognizable offense reaches the police promptly. Prompt reporting is crucial to initiate a timely investigation and prevent the destruction of evidence.
2. Initiating Legal Proceedings: An FIR serves as the basis for initiating legal proceedings. It marks the formal beginning of a criminal case.
3. Record of Information: It serves as a record of the information given by the informant regarding the alleged offense. This record can be used for reference during the investigation and trial.
4. Identifying the Offense: The FIR helps in identifying and categorizing the nature of the offense (e.g., theft, murder, rape) and the relevant legal provisions.
5. Protecting the Rights of the Accused: An FIR helps in safeguarding the rights of the accused by ensuring that they are not detained arbitrarily and without a formal complaint.
6. Notifying the Police: It notifies the police about the occurrence of a crime and obligates them to take action. Without an FIR, the police may not have the authority to intervene.

Importance of F.I.R.

1. Legal Requirement: The CrPC (Code of Criminal Procedure) mandates the registration of an FIR for cognizable offenses. It is a legal requirement for initiating criminal proceedings.
2. Preservation of Evidence: Timely reporting through an FIR helps in the preservation of crucial evidence. The police can secure the crime scene, collect physical evidence, and interview witnesses promptly.
3. Transparency: The FIR process adds transparency to the investigation and legal proceedings. It provides a documented account of the incident as reported by the informant.
4. Right to Information: The informant and the accused have a right to obtain a copy of the FIR. This right to information is essential for the parties involved in the case.
5. Basis for Investigation: The FIR forms the basis for the police to initiate an investigation. It helps them identify suspects, collect evidence, and take necessary legal actions.
6. Corroboration of Witness Statements: Statements recorded in the FIR can be used to corroborate the accounts of witnesses during the trial.
7. Accountability of Law Enforcement: If the police fail to register an FIR for a cognizable offense, they may be held accountable for dereliction of duty.
8. Preventing False Claims: The FIR process ensures that the information reported is recorded, helping to prevent false or baseless claims.
9. Judicial Review: FIRs are subject to judicial review. The court can assess the legality and appropriateness of the FIR and related investigations.

Remedies available on Non- Registration of F.I.R.

The failure to register a First Information Report (FIR) when it is required can be a serious issue in the criminal justice system. In India, the registration of an FIR for cognizable offenses is mandatory, as per the Code of Criminal Procedure, 1973 (CrPC). If the police refuse to register an FIR when a cognizable offense is disclosed, there are several legal remedies available to address this issue:

Direct Complaint to Senior Police Officers:

• One of the first steps an aggrieved party can take is to approach senior police officers within the same police department, such as the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP). These officers have the authority to order the registration of an FIR if it was wrongfully denied at a lower level.

Complaint to the Judicial Magistrate:

• If the police are unwilling to register the FIR, the aggrieved party can directly file a complaint before the Judicial Magistrate. Section 156(3) of the CrPC empowers the magistrate to direct the police to conduct an investigation even without the registration of an FIR.

Writ Petition in High Court or Supreme Court:

• If all else fails, an individual can file a writ petition in the High Court or the Supreme Court. The court can issue a writ of mandamus or other appropriate orders directing the concerned authorities to register the FIR and conduct an investigation. However, this is typically considered a remedy of last resort.

Complaint to State Human Rights Commission (SHRC):

• In cases of human rights violations or police misconduct, an aggrieved party can file a complaint with the State Human Rights Commission. The SHRC can take cognizance of such complaints and recommend actions against erring police officers.

Complaint to the State Police Complaints Authority (SPCA):

• Some states have established State Police Complaints Authorities, which deal with complaints against police officers. These authorities have the power to recommend disciplinary actions against officers who wrongfully refuse to register FIRs.

Departmental Action:

• Erring police officers can be subject to departmental action if they refuse to register an FIR without valid reasons. Such action can include suspension, warnings, or other disciplinary measures.

Public Outcry and Media Exposure:

• In some cases, public outcry, media exposure, or advocacy by civil society organizations can put pressure on the police to register an FIR and take appropriate action.

Second F.I.R.

A “second FIR” refers to the registration of a subsequent First Information Report (FIR) related to the same incident or crime. In some cases, law enforcement authorities may decide to register a second FIR when new and distinct information or aspects of the incident come to light, necessitating a separate investigation. It is essential to understand the circumstances under which a second FIR may be registered:

1. New Information or Offenses: A second FIR can be registered if new and distinct information about the same incident or related offenses is discovered. For example, if a murder case initially registered as an FIR is found to involve a financial fraud aspect, a separate FIR for the fraud may be registered.
2. Different Sections of Law: If the same incident or set of facts falls under different sections of the law, a separate FIR may be registered to investigate and charge the accused under the relevant sections. For instance, if an assault case involves both physical violence and a sexual assault component, separate FIRs may be filed for each offense.
3. Different Jurisdiction: In cases where a single incident occurs across different jurisdictions, multiple FIRs may be registered in different police stations. The police station where the incident occurred will handle the primary FIR, while other police stations involved may register FIRs to facilitate their investigation.
4. Complaint by Different Persons: If multiple individuals are affected by the same incident but file separate complaints, individual FIRs may be registered for each complainant.
5. Multiple Offenders: When multiple offenders are involved in the same incident but have distinct roles or actions that merit separate charges, multiple FIRs may be filed.
6. Additional Information: A second FIR can be registered if there is additional information that necessitates a separate investigation. For instance, if a theft case involves stolen goods, and later the stolen goods are found at a different location, a second FIR may be registered at that location.

Delay in lodging F.I.R.

Delay in lodging an FIR (First Information Report) can have various consequences, and how it affects a case depends on the specific circumstances and the nature of the offense. The law recognizes that there can be valid reasons for a delay in reporting a crime. However, such delays may also raise questions about the credibility of the complaint, preservation of evidence, and the motive behind the delay. Here are some possible consequences of a delay in lodging an FIR:-

1. Impact on Credibility: In some cases, a significant delay in filing an FIR can impact the credibility of the complaint. Defense attorneys may argue that the delay suggests the complaint is not reliable or that it is a fabricated story.
2. Motive for Delay: The court may inquire about the reasons for the delay. If a valid explanation, such as fear, threats, or shock, can be provided, the delay may be seen as justified. However, if the delay appears to be motivated by other reasons, it may be viewed with suspicion.
3. Evidentiary Impact: Delay can result in the loss or deterioration of crucial evidence. In cases involving physical evidence or eyewitnesses, a delay may make it challenging to gather evidence and establish a strong case.
4. Judicial Scrutiny: The court may scrutinize the delay and the reasons behind it during trial. This scrutiny can affect the court’s assessment of the case and the evidence presented.
5. Corroboration of Evidence: Delayed reporting may necessitate additional corroborative evidence to support the complainant’s version of events. Witnesses, medical reports, or other forms of evidence may be required to establish the truth of the complaint.
6. Defenses: The defense may use the delay as a basis for arguments, such as the possibility of false accusations, memory lapses, or intervening events that affect the credibility of the complaint.
7. Section 162 of CrPC: Section 162 of the Code of Criminal Procedure, 1973 (CrPC), provides that statements made to the police during an investigation cannot be used as substantive evidence in court. However, they can be used to contradict the witness’s testimony. Delay in reporting may be a factor in considering the reliability of such statements.
8. Case-Specific Considerations: The impact of a delay in lodging an FIR varies from case to case. It depends on factors such as the nature of the offense, the reasons for the delay, the quality of evidence, and the overall circumstances.
9. Additional Corroborative Evidence: To counter the potential negative impact of a delay, the prosecution may rely on additional evidence, such as witness statements or medical reports, to substantiate the complaint.

Evidentiary value of F.I.R.

The evidentiary value of a First Information Report (FIR) in a criminal case can be significant, but it is important to understand its role and limitations in the legal process. The FIR serves primarily as a recorded account of the information provided by the informant regarding the alleged offense. Its evidentiary value lies in the following aspects:

1. Substantive Evidence: An FIR itself is considered substantive evidence in a criminal trial. It is a contemporaneous record of the events as reported to the police and can be used to establish the fact that a complaint was made regarding a specific incident.
2. Corroboration: The statements made in the FIR can be used to corroborate the testimony of the informant or other witnesses during the trial. It can help establish consistency in the complainant’s version of events.
3. Narrative of the Incident: The FIR provides a narrative of the incident, including details about the time, place, nature of the offense, and the names of individuals involved. This narrative can serve as a foundation for the prosecution’s case.
4. Identification of Accused: The FIR typically names the accused or provides descriptions that can help in identifying them. This information can be used to connect the accused to the alleged offense.
5. Details of Witnesses: The FIR may list witnesses to the incident. Their statements can be used as evidence in the trial, and their names in the FIR can help establish their involvement and knowledge of the case.
6. Record of Complaint: The FIR is a formal record of the complaint made to the police. It can be used to establish that the police were informed of the incident and that legal proceedings were initiated.
7. Statement of the Informant: The FIR may contain statements made by the informant about the incident. These statements can be used to support the prosecution’s case or, in some cases, to contradict the informant’s testimony if it changes during the trial.

However, it’s essential to recognize the limitations of an FIR’s evidentiary value:

1. Hearsay: The statements in the FIR are considered hearsay, as they are statements made out of court. In some jurisdictions, the rule against hearsay may limit the use of FIR statements as substantive evidence.
2. Not Conclusive: An FIR is not conclusive evidence of the truth of its contents. It is subject to cross-examination and scrutiny during the trial.
3. Inconsistencies: Any inconsistencies between the FIR and the testimony given by the informant or witnesses during the trial can be used by the defense to challenge the credibility of the FIR and the prosecution’s case.
4. Limited Weight: The weight given to the FIR as evidence depends on the facts and circumstances of the case, the credibility of the witnesses, and other corroborative evidence presented.
5. Potential for Manipulation: While FIRs are expected to be accurate records, they can be manipulated or fabricated. Courts may examine the circumstances under which the FIR was registered.

Information in Non- Cognizable offence

In contrast to cognizable offenses, non-cognizable offenses are those for which the police do not have the authority to register an FIR or make an arrest without a warrant. In the case of non-cognizable offenses, the police typically require a formal complaint or a court’s order to initiate an investigation or take any action. Here is some important information related to non-cognizable offenses in India:

1. Complaint to the Police: To initiate an investigation into a non-cognizable offense, the complainant must approach the police station and file a formal written complaint. Unlike cognizable offenses, the police do not have the power to register an FIR on their own.
2. Nature of Offenses: Non-cognizable offenses typically include less serious crimes, such as defamation, public nuisance, simple assault, and offenses punishable with a relatively shorter prison term.
3. Procedures for Non-Cognizable Offences:

• The police will record the complaint in the general daily diary (GD), which is not equivalent to an FIR.
• They may conduct a preliminary inquiry to decide whether the complaint discloses a criminal offense.
• If the police determine that an offense is non-cognizable, they will not arrest the accused without a warrant. Instead, they may inform the complainant to approach the concerned magistrate.

1. Warrant for Arrest: In non-cognizable offense cases, if the police believe that an arrest is necessary, they must obtain a warrant from the magistrate. The magistrate may issue an arrest warrant after considering the facts presented by the police.
2. Court Proceedings: In non-cognizable offense cases, the court plays a more active role. The court may direct the police to investigate the complaint, order the issuance of arrest warrants, and oversee the progress of the case.
3. Bailable and Non-Bailable Offenses: Non-cognizable offenses can be either bailable or non-bailable. For bailable offenses, the accused can seek bail as a matter of right. Non-bailable offenses may require the accused to apply for bail, which the court will decide based on the merits of the case.
4. Private Complaint: In many non-cognizable cases, the complainant may file a private complaint directly before a magistrate if the police do not take action. The magistrate will then initiate the legal process.
5. Importance of Legal Counsel: In cases of non-cognizable offenses, obtaining legal advice and representation is crucial. Legal professionals can guide complainants on the appropriate legal actions and the procedures involved.

Police’s Power to investigate Cognizable case

In India, the police have specific powers and responsibilities when it comes to investigating cognizable cases, which are more serious offenses where the police can take certain actions without requiring a warrant or a formal complaint. The powers of the police to investigate cognizable cases are outlined in the Code of Criminal Procedure, 1973 (CrPC). Here’s an overview of the police’s powers in such cases:

Filing an FIR (First Information Report):

• When the police receive information about a cognizable offense, they are duty-bound to register an FIR. The FIR is a formal document that records the complaint and marks the initiation of the investigation process.

Arrest without Warrant:

• In cognizable cases, the police have the authority to arrest the accused without a warrant. However, this power is not absolute, and it is subject to certain legal restrictions. The police must have reasonable grounds to believe that the accused has committed the offense.

Search and Seizure:

• The police can conduct searches of persons, places, and vehicles without a warrant if they have reasonable grounds to believe that the search will yield evidence related to the offense. They can also seize relevant evidence, weapons, and contraband during such searches.

Interrogation and Examination:

• The police have the power to interrogate and examine the accused, witnesses, and other individuals involved in the case. They can record statements and gather information during the investigation.

Investigative Procedures:

• The police can use various investigative procedures, such as collecting physical evidence, taking witness statements, conducting forensic tests, and preserving the crime scene.

Detention and Remand:

• After the arrest, the police can detain the accused in custody for a certain period, but they must produce the accused before a magistrate within 24 hours (excluding the time necessary for travel). The magistrate will decide whether to grant remand or bail.

Collection of Evidence:

• The police have the authority to collect evidence, request assistance from experts, and engage in other investigative activities necessary to build a case.

Recording Statements:

• Statements recorded by the police during the investigation are crucial pieces of evidence in criminal cases. These statements can be used during the trial to establish facts and the accused’s role in the offense.

Identification of Accused:

• The police can use the information and evidence gathered during the investigation to identify and charge the accused with the relevant offenses.

Section 156 of the CrPC:

1. Magistrate’s Power to Order Investigation: If a magistrate receives information or a complaint about the commission of a cognizable offense, and after considering the information, the magistrate believes that an investigation is necessary, the magistrate can order the police to conduct an investigation.
2. Direction to Register FIR: The magistrate may direct the police to register an FIR (First Information Report) based on the information received and commence an investigation into the alleged offense.
3. Scope of Investigation: The police are expected to investigate the entire case based on the magistrate’s order. This includes collecting evidence, interviewing witnesses, and taking all necessary steps to ascertain the truth of the matter.
4. Recording of Reasons: The magistrate must record the reasons for ordering an investigation under Section 156. These reasons are part of the judicial record and can be subject to judicial review.
5. Manner of Investigation: The investigation must be conducted in accordance with the procedures and legal requirements outlined in the CrPC and other relevant laws.
6. Limitation on Police Powers: The police have the authority to investigate the case but must exercise their powers within the bounds of the law, respecting the rights of the accused and other individuals involved.

Important Considerations:

• Section 156 is often invoked when the police refuse to register an FIR for a cognizable offense. If a complainant approaches a magistrate with a complaint and the magistrate is satisfied that an investigation is warranted, the magistrate can order the police to register an FIR and proceed with the investigation.
• The magistrate’s order under Section 156 is a critical step in ensuring that an investigation takes place when the police fail to act. This provides an avenue for individuals to seek judicial intervention to initiate a criminal investigation.
• The magistrate’s power under Section 156 is a significant check on the police’s discretion in registering FIRs and conducting investigations. It helps ensure that complaints of cognizable offenses are not ignored.
• The police are legally bound to comply with the magistrate’s order issued under Section 156 and conduct a proper investigation into the matter.

Lalita Kumari v. Government of U.P. & Others (2014):

• This landmark case established that the police are required to register an FIR when information about a cognizable offense is received, and no preliminary inquiry is allowed in such cases. The case emphasizes the importance of prompt registration of FIRs.

Section 156(3) Power of Magistrate

Sakiri Vasu v. State of Uttar Pradesh, 2008)

The Sakiri Vasu case (Sakiri Vasu v. State of Uttar Pradesh, 2008) is a significant legal case that deals with the provisions of Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC) in India. This case clarified and emphasized certain important aspects of Section 156(3). Here’s a brief overview of the case:

Case Background:

Sakiri Vasu, the petitioner, had filed a complaint with the police alleging financial irregularities against some individuals. However, the police refused to register an FIR based on this complaint. Instead, they asked the petitioner to approach the magistrate for redressal. The petitioner then filed a petition under Section 156(3) of the CrPC, requesting the magistrate to direct the police to register an FIR and investigate the matter.

Key Points and Rulings:

The Supreme Court made several key rulings in this case, which have had a significant impact on how Section 156(3) is interpreted and applied in India:

1. Mandatory Registration of FIR: The court held that when a person approaches the magistrate under Section 156(3) and the magistrate is satisfied that a cognizable offense is disclosed, the magistrate can direct the police to register an FIR. This is mandatory, and the police are bound to comply with the magistrate’s order. The police cannot refuse to register an FIR in such cases.
2. Right to Receive a Copy of the FIR: The court emphasized that the accused or the informant has the right to obtain a copy of the FIR once it is registered. This right is crucial for transparency in the legal process and for the parties involved to know the charges against them.
3. Magistrate’s Power and Responsibility: The court recognized that the magistrate has an important role in ensuring justice and proper investigation. If a complainant approaches the magistrate under Section 156(3) with a valid complaint, the magistrate must exercise the power to direct the police to register an FIR.
4. Avoiding the Magistrate’s Direction: The court clarified that the police should not avoid registering an FIR by directing the complainant to file a complaint in the court. The court recognized that such actions by the police could cause undue delay and hinder the investigation process.

Evidentiary value of statements made to the Police during Investigation:

1. Not Substantive Evidence: Statements made to the police during the investigation are generally not considered substantive evidence. This means they cannot, by themselves, prove the guilt or innocence of an accused person. They are considered hearsay because they are statements made out of court.
2. Use for Corroboration and Impeachment: While these statements are not substantive evidence, they can be used for the purposes of corroboration and impeachment during a trial. This means they can be used to support or challenge the testimony of a witness in court.
3. Recorded Statements: If a statement made to the police during the investigation is reduced to writing and signed by the person making the statement, it can be used to impeach the credibility of the witness if they change their testimony during the trial. This is governed by Section 162 of the CrPC.
4. Statements Against Interest: Statements made to the police that are against the interest of the person making the statement can be used as substantive evidence in certain cases. For example, if a statement amounts to an admission of guilt or tends to incriminate the person, it may be admissible as substantive evidence.
5. Voluntary Nature: Statements made to the police must be voluntary. Coerced or involuntary statements are generally not admissible in court.
6. Confessions: Statements amounting to confessions made to the police during the investigation are governed by Section 24 and Section 25 of the Indian Evidence Act, 1872. Confessions made to the police are generally inadmissible, but there are exceptions under certain circumstances. They must be free and voluntary.
7. Witness Statements: Statements made by witnesses to the police during the investigation are crucial for identifying and locating witnesses, and they can help in preparing the case. However, these statements are subject to cross-examination during the trial.
8. Improper Influence and Threats: Statements obtained by improper influence, threats, or coercion by the police may not be admissible in court and can be challenged by the defense.

Recording of Confessions & Statements Section 164 CrPC

In India, the recording of confessions and statements during a criminal investigation is governed by specific legal provisions and guidelines to ensure fairness, transparency, and protection of the rights of the accused. Here’s an overview of how confessions and statements are recorded:

Recording of Confessions:

Section 164 of the Code of Criminal Procedure, 1973 (CrPC):

This section governs the recording of confessions by judicial magistrates. When a person is arrested, and they wish to make a confession, this confession must be recorded by a judicial magistrate. The key points to note are:

• The confession must be made voluntarily, without any inducement, threat, or promise.The magistrate should explain to the accused that they are not bound to make a confession.The confession must be recorded in writing, signed by the accused, and it should mention that it was made voluntarily.

Section 281 of the CrPC:

This section deals with the admissibility of confessions recorded by the police. In general, confessions made to the police are not admissible as evidence against the accused. The law presumes that confessions to the police may be involuntarily obtained.

Section 25 and Section 26 of the Indian Evidence Act, 1872:

These sections govern the admissibility of confessions made to the police. If a confession is made by an accused to a person in authority, it is generally considered inadmissible. However, if it is made under circumstances that make it voluntary, it may be admissible. Confessions made to the police, unless they meet specific criteria, are usually considered inadmissible.

Recording of Statements:

Section 161 and Section 162 of the CrPC:

Section 161 pertains to the examination of witnesses by the police during an investigation. The statements of witnesses are recorded by the police in writing. Section 162 places restrictions on the use of these statements in court. While the statements may be used for the purpose of investigation, they are generally not admissible as substantive evidence during the trial.

Section 154 of the CrPC:

This section deals with the registration of an FIR (First Information Report). It provides for the recording of information about a cognizable offense in writing, which serves as the first step in a criminal investigation.

Witness Statements:

The police often record statements of witnesses to gather evidence during the investigation. These statements are part of the investigative process, but their admissibility and weight in court are subject to cross-examination and scrutiny during the trial.

Section 161(3) of the CrPC:

This provision allows a person to seek a copy of their statement recorded by the police. It is essential for transparency and for the person’s right to know what they have said to the police.

Procedure when Investigation can not be completed in 24 hours:

Initial Detention and Production Before Magistrate:

• When a person is arrested without a warrant, they must be produced before the nearest magistrate within 24 hours of the arrest, excluding the time needed for travel. This is a fundamental right guaranteed under Article 22 of the Indian Constitution.
• The magistrate will inform the accused of their rights, including the right to remain silent and the right to consult with legal counsel.

Remand and Judicial Custody:

• If the police are unable to complete the investigation within 24 hours, they can request the magistrate for the accused’s remand (extension of custody). This request is usually made through a remand application.
• The magistrate may grant remand to the police, which allows them to keep the accused in custody for a longer period (such as 14 days) to continue the investigation.
• During this period of remand, the accused is usually placed in judicial custody in a prison or a remand home, depending on the nature of the offense and the age of the accused.

Magisterial Supervision:

• During the remand period, the magistrate plays a supervisory role over the detention. The police are required to submit a report to the magistrate at regular intervals, detailing the progress of the investigation.

Bail Application:

• The accused or their legal representative can file a bail application before the magistrate during the remand period. The magistrate will consider the bail application based on various factors, including the nature of the offense, evidence, and the accused’s antecedents.

Completion of Investigation:

• The police continue their investigation during the remand period, which may involve recording statements, collecting evidence, and other investigative activities.
• Once the investigation is completed, the police may either file a charge sheet (final report) or may request further remand if additional time is needed.

Challenging Remand:

• The accused or their legal representative has the right to challenge the remand order by filing a bail application or a revision petition before a higher court.

Section 57 of the CrPC:

Section 57 of the CrPC deals with the procedure for an accused person’s release on bail when the investigation cannot be completed within 24 hours. It stipulates that:

• When an accused person is arrested for a bailable offense and it is not practicable to complete the investigation within 24 hours, the accused must be informed of their right to be released on bail. The accused can then be released on bail, provided they provide the requisite sureties or bail bond.
• This provision ensures that an accused person is not unduly detained and has the right to secure their release on bail for bailable offenses, even when the investigation cannot be completed within 24 hours.

Section 167 of the CrPC:

Section 167 of the CrPC outlines the procedure for the detention of an accused person during an investigation. It is particularly relevant when the investigation cannot be completed within 24 hours of arrest. Key points include:

• When a person is arrested, the accused must be produced before the nearest magistrate within 24 hours of arrest, excluding the time needed for travel.
• The magistrate may grant the accused’s remand (extension of custody) for a specified period to allow the police to continue the investigation.
• During the period of remand, the accused is usually placed in judicial custody in a prison or a remand home.
• The police are required to submit periodic reports to the magistrate, detailing the progress of the investigation.
• The accused has the right to apply for bail during the remand period.
• The magistrate can extend the period of remand for up to 15 days for cases related to offenses punishable with imprisonment of less than 10 years. For cases related to more serious offenses, the remand can be extended up to 90 days.

Case Laws on section 167 CrPC :

Dilawar Singh v. State of Delhi (2007):

In this case, the Supreme Court held that the 24-hour limit for producing an accused before a magistrate, as provided in Section 57, is mandatory and non-compliance with this provision can lead to the accused’s release on bail.

Sanjay Dutt v. State through CBI (1995):

This case dealt with the interpretation of Section 167. The Supreme Court emphasized that the law requires strict adherence to the provisions of Section 167, and the right to bail is a valuable right of an accused.

Default Bail Provision under CrPC

The provision for default bail under the Code of Criminal Procedure, 1973 (CrPC) in India is primarily governed by Section 167(2) of the CrPC. This provision relates to the release of an accused person on bail when the investigating agency fails to complete the investigation within the statutory time limit. Here is an explanation of the default bail provision:

Section 167(2) of the CrPC:

Section 167(2) of the CrPC outlines the legal framework for granting default bail to an accused person when the investigating agency fails to complete the investigation within the prescribed time limits:

1. Initial Detention: When a person is arrested for an offense that is not punishable with the death penalty or life imprisonment and is detained during the investigation, they have the right to be released on bail under certain conditions.
2. Time Limit: The key aspect of this provision is the time limit for detention. The accused person must be released on bail if the investigation is not completed within the time limits specified in Section 167(2). These time limits are as follows: a. For offenses punishable with imprisonment up to 10 years: The accused must be released on bail if the investigation is not completed within 90 days from the date of arrest. b. For offenses punishable with imprisonment exceeding 10 years: The accused must be released on bail if the investigation is not completed within 60 days from the date of arrest. Note: The time spent by the accused in police custody prior to being remanded to judicial custody is not counted toward these time limits.
3. Bail Conditions: The accused person, upon being granted default bail, is typically released on bail with conditions and may be required to furnish bail bonds and sureties. The specific conditions and sureties may vary based on the case’s circumstances and the magistrate’s discretion.
4. Right to Default Bail: The right to default bail is considered a statutory right, and the investigating agency has the responsibility to complete the investigation within the specified time limits. If they fail to do so, the accused is entitled to default bail.
5. Magisterial Supervision: The magistrate plays a crucial role in overseeing the accused’s detention during the investigation and ensuring that the provisions of Section 167(2) are followed. The magistrate can order the release of the accused on default bail if the time limits are exceeded.