Cognizable vs. Non-Cognizable Offenses

• The chapter provides information on procedures related to information, investigation, and inquiries in both cognizable and non-cognizable cases, along with the powers and duties of police officers and magistrates.

Information in Cognizable Cases (Section 154)

• Oral information related to a cognizable offence given to a police station in-charge must be written down by them or under their direction.
• The information must be read over to the informant.
• All information, whether written or transcribed, must be signed by the informant.
• The substance of the information needs to be recorded in a government-prescribed book.

Information in Non-Cognizable Cases (Section 155)

• The police station in-charge must record the substance of information regarding a non-cognizable offense in a book.
• The informant should then be referred to a Magistrate.
• A police officer cannot investigate a non-cognizable case without a Magistrate's order of the first or second class.
• Police officers with an order from the Magistrate can exercise the same powers for investigation as in a cognizable case, excluding the power to arrest without a warrant.

Investigation into Cognizable Cases (Section 156)

• A police station in-charge can investigate any cognizable case without a Magistrate's order, within their jurisdiction.
• The proceedings of a police officer cannot be questioned on the grounds of lacking empowerment to investigate.
• Any Magistrate empowered under Section 190 can order an investigation.

Procedure When Cognizable Offence Suspected (Section 157)

• If a police station in-charge suspects the commission of a cognizable offense, they must report it to a Magistrate empowered to recognize such offenses.
• The officer must proceed to investigate the facts or depute a subordinate officer not below a rank prescribed by the Government.
• An on-the-spot investigation is unnecessary if the information is against a named person and the case isn't serious.
• If there are not sufficient grounds for investigation, the officer will not investigate the case.
• In cases where a full investigation isn't carried out, the officer must report the reasons to the Magistrate and notify the informant.

Reports Under Section 157 (Section 158)

• Every report sent to a Magistrate under Section 157 must be submitted through a superior police officer if directed by the Government.
• The superior officer can provide instructions to the police station in-charge.
• Instructions from the superior officer must be recorded on the report.
• The report along with those instructions must be transmitted to the Magistrate without delay.

Power to Hold Investigation or Preliminary Inquiry (Section 159)

• Upon receiving a report, a Magistrate can order an investigation.
• Otherwise, the Magistrate can proceed or depute a subordinate Magistrate to hold a preliminary inquiry or dispose of the case following the Code.

Police Officer's Power to Require Attendance of Witnesses (Section 160)

• A police officer investigating a case can order any person within their or an adjacent station's limits to attend if they appear to be acquainted with the case's circumstances.
• The person is legally bound to attend, as required.

Examination of Witnesses by Police (Section 161)

• Any investigating police officer, or an officer of prescribed rank acting on their behalf, can orally examine anyone familiar with the case.
• Individuals are bound to answer questions, except those that could expose them to criminal charges, penalties, or forfeitures.
• The police officer can write down any statement made during the examination, making a separate record for each person.

Statements to Police Not to Be Signed; Use of Such Statements in Evidence (Section 162)

• Statements made to the police during an investigation, if written, cannot be signed by the person making them.
• These statements or records cannot be used for any purpose at any inquiry or trial regarding the offense under investigation when the statement was made

No Inducement to Be Offered (Section 163)

• Police officers or other persons in authority cannot offer any inducement, threat, or promise as mentioned in the Evidence Act, 1872, section 24.
• No one can prevent a person from making a voluntary statement during an investigation.

Power to Record Statements and Confessions (Section 164)

• Metropolitan Magistrates, Magistrates of the first class, and specially empowered Magistrates of the second class can record statements or confessions made during an investigation or before the inquiry or trial begins.
• Statements are recorded as evidence.
• Confessions are recorded and signed as per Section 364.
• Statements or confessions are then sent to the Magistrate who will inquire into or try the case. Before recording a confession, a Magistrate must explain to the person that they are not obligated to make a confession.
• Any confession made may be used as evidence against them.
• The Magistrate must believe the confession was made voluntarily and include a memorandum to that effect.
• The Magistrate recording the confession or statement does not need to have jurisdiction over the case.

Search by Police Officer (Section 165)

• If an officer in charge of a police station has reason to believe that something necessary for an investigation may be found within their station's limits, they may search for it.
• This can be done after recording the grounds for their belief in writing.
• A search of anything in the custody of a bank requires permission from a Sessions Judge or the High Court Division, depending on the offense.
• A police officer should conduct the search in person if practicable.
• If the officer cannot conduct the search, they may order a subordinate officer to do so, providing a written order specifying the place and thing to be searched for.
• Provisions for search warrants and general search procedures apply to searches made under this section.
• Copies of records made during the search must be sent to the nearest Magistrate.
• The owner/occupier of the searched place can be furnished with a copy of the same by the Magistrate

When Officer-in-Charge of Police Station May Require Another to Issue Search-Warrant (Section 166)

• A Sub-inspector or a police station in-charge can ask another police station in-charge to conduct a search within the latter's jurisdiction.
• The officer requested to perform the search must do so according to Section 165 and forward any items found.
• An officer can search a place within another station’s limits if delaying the search could result in concealment or destruction of evidence;
• The search should still be conducted according to in accordance with Section 165.
• Notice of the search, a copy of any list prepared, and copies of records must be sent to the police station in-charge of the area, plus the nearest Magistrate.
• The owner/occupier of the searched place can be furnished with a copy of any record sent to the Magistrate

Procedure When Investigation Cannot Be Completed in Twenty-Four Hours (Section 167)

• If an investigation can’t be completed in 24 hours as per Section 61, and there are grounds to believe the information is well-founded, the officer must send a copy of the diary entries and forward the accused to the nearest Judicial Magistrate.
• The Magistrate can authorize the detention of the accused for up to fifteen days.
• If the Magistrate lacks jurisdiction and deems further detention unnecessary, the accused can be sent to a Magistrate with jurisdiction.
• A Magistrate of the third class or a Magistrate of the second class not specially empowered cannot authorize detention in police custody.
• A Magistrate authorizing detention in police custody must record the reasons.
• If the investigation isn't concluded within 120 days from the information or Magistrate's order:
  • The Magistrate empowered to recognize the offense may release the accused on bail if the offense isn't punishable by death, life imprisonment, or imprisonment exceeding ten years.
  • The Court of Session may release the accused on bail if the offense is punishable by death, life imprisonment, or imprisonment exceeding ten years.
• If an accused is not released on bail, the Magistrate or Court of Session must record the reasons.
• The time taken to obtain sanction from the appropriate authority for prosecution will be excluded from the specified period.

Report of Investigation by Subordinate Police-Officer (Section 168)

• A subordinate police officer who has conducted any investigation must report the results to the police station in-charge.

Release of Accused When Evidence Deficient (Section 169)

• If there is not sufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate, the officer will release them on a bond to appear before a Magistrate if required.

Case to Be Sent to Magistrate When Evidence Is Sufficient (Section 170)

• If there is sufficient evidence, the officer in charge of the police station must forward the accused under custody to a Magistrate empowered to take cognizance of the offense.
• If the offense is bailable, the officer should take security from the accused for their appearance before the Magistrate.
• The officer must send any necessary weapons or articles to the Magistrate.
• The complainant and necessary witnesses must execute a bond to appear before the Magistrate.

Complainants and Witnesses Not to Be Required to Accompany Police Officer (Section 171)

• Complainants or witnesses going to court cannot be required to accompany a police officer
• They should not be subjected to unnecessary restraint or inconvenience
• They should not be required to give any security other than their own bond.
• If a complainant or witness refuses to attend or execute a bond, the police officer can forward them in custody to the Magistrate.
• The Magistrate may detain them until they execute the bond or until the hearing is completed.
• The police officer is responsible for ensuring that the complainant or witness appears before the Court at the time of hearing.

Diary of Proceedings in Investigation (Section 172)

• Every police officer making an investigation must record the proceedings in a diary, including the time of receiving information, the time of starting and closing the investigation, places visited, and circumstances ascertained.
• Criminal Courts can use police diaries to aid in an inquiry or trial, but not as evidence.
• Accused persons are not entitled to call for or see the diaries unless they are used by the police officer to refresh memory or if the Court uses them to contradict the officer.

Report of Police Officer (Section 173)

• Every investigation must be completed without unnecessary delay.
• The police station in-charge must forward a report to a Magistrate empowered to recognize the offense, including names of parties, nature of information, names of persons acquainted with the case, and details of the accused's custody or release.
• The action taken must be communicated to the person who first provided the information about the offense.
• If a superior officer has been appointed, the report should be submitted through that officer, who may direct further investigation.
• When the report indicates the accused was released on bond, the Magistrate should make an order for the discharge of such bond.
• The police officer must forward all documents and statements to the Magistrate along with the report.
• Further investigation is allowed even after a report has been forwarded, with additional reports sent to the Magistrate as new evidence emerges.
• A copy of any report forwarded must be furnished to the accused before the inquiry or trial, upon application and payment.

Police to Inquire and Report on Suicide, etc. (Section 174)

• Upon receiving information about a suicide, killing, or suspicious death, the police station in-charge must inform the nearest Executive Magistrate.
• The officer must proceed to the location of the body and, in the presence of local inhabitants, investigate and draw up a report on the apparent cause of death.
• The report should describe any wounds, fractures, bruises, or other marks of injury and how they appear to have been inflicted.
• The report must be signed by the police officer and other persons present.
• The report must then be forwarded to the District Magistrate.
• If there is any doubt regarding the cause of death, the body should be forwarded to the nearest Civil Surgeon for examination.
• Certain Magistrates are empowered to hold inquests.

Power to Summon Persons (Section 175)

• A police officer proceeding under Section 174 may summon individuals for the investigation.
• Summoned persons are bound to attend and answer truthfully, except for questions that could expose them to criminal charges
• If the facts do not disclose a cognizable offense, the individuals cannot be required to attend a Magistrate's Court.

Inquiry by Magistrate into Cause of Death (Section 176)

• When a person dies in police custody, the nearest Magistrate empowered to hold inquests must conduct an inquiry into the cause of death.
• In other reported cases of death, the empowered Magistrate may hold an inquiry instead of or in addition to the police investigation.
• The Magistrate has the same powers as in an inquiry into an offense.
• The Magistrate must record the evidence taken during the inquiry.
• If the Magistrate considers it necessary to examine a buried body to discover the cause of death, they may order the body to be disinterred and examined.

Explore the procedures for handling cognizable and non-cognizable offenses. Understand police officer duties, investigation powers, and Magistrate's authority. Learn the differences in legal processes and reporting requirements.