Information to
the Police and
their powers to
investigate
 Investigation-
is always to be conducted
by a police officer or any person
authorised by a Magistrate
 It includes all the proceedings under the
Code
for
collection of
evidence
-sec.2(h)
 Investigation,
inquiry and trial are
different; Only investigation can be done
by the Police
 Police
have no power to investigate noncognizable offences.
 Such offences can be investigated only
by the orders of a Magistrate having
power to try such cases or commit the
case for trial
sec.155(2)
-



Police have Powers to investigate cognizable
offences without the orders of a Magistrate.
Power provided by section 156
Any Officer in charge of a Police station(SHO)
can investigate any cognizable case which a
court has jurisdiction over the local area
within which the limits of such police station
would have power to inquire or try
-sec.156(1)
Information to be given by
public in respect of certain
offences
 Every
person who is aware of the
commission of an offence or of the
intention of any other person to commit
certain offences is required to give such
information forthwith to the nearest
Magistrate or Police officer
sec.39(1)
 Such
information is to be provided in
respect of the following offences under
the IPC (i) sections 121 to 126, both inclusive, and
section 130 (that is to say offences against
the State specified in Chapter VI of IPC);
 (ii) sections 143, 144, 145, 147 and 148
(that is to say, offences against the public
tranquility specified in Chapter VIII of IPC);
 (iii)
sections 161 to 165A, both inclusive
(that is to say, offences relating to illegal
gratification);
 (iv) sections 272 to 278, both inclusive
(that is to say, offences relating to
adulteration of food and drugs, etc.);
 (v)
sections 302, 303 and 304 (that is to
say, offences affecting life);
 (va) section 364A (that is to say, offence
relating to kidnapping for ransom, etc);]
 (vi) section 382 (that is to say., offence of
theft after preparation made for causing,
death, hurt or restraint in order to the
committing of the theft);
 (vii)
sections 392 to 399, both inclusive,
and section 402 (that is to say, offences of
robbery and dacoity);
 (viii) section 409 (that is to say, offence
relating to criminal breach of trust by
public servant, etc.);
 (ix) sections 431 to 439, both inclusive (that
is to say, offence of mischief against
property);
 (x)
sections 449 and 450 (that is to say,
offence of house-trespass);
 (xi) sections 456 to 460, both inclusive (that
is to say, offences of lurking house
trespass); and
 (xii) sections 489A to 489E, both inclusive
(that is to say, offences relating to
currency notes and bank notes).
 The
duty to inform is not confined to
specific offences committed in India
 This duty is extended to even in respect of
acts committed outside India, provided
such acts if committed in India would
constitute
such
offences
-Sec.39(2)
 Act intended as a precautionary measure
to keep a close watch over the persons
indulging
in
criminal
activities
in
neighbouring countries
A
person would be exempted from this
duty if he has a reasonable excuse for not
giving such information
 Burden of proving the existence of such
an excuse is on the person required to
give such information
 Intentional
omission
to
give
such
information as required by section 39 is
punishable under sec.176 and 202 IPC
 Sec.176
IPC. Omission to give notice or
information to public servant by person
legally bound to give it.—
 Whoever, being legally bound to give any
notice or to furnish information on any
subject to any public servant, as such,
intentionally omits to give such notice or
to furnish such information in the manner
and at the time required by law, shall be
punished …..


Sec.202IPC- Intentional omission to give
information of offence by person bound to
inform.—
Whoever, knowing or having reason to
believe that an offence has been committed,
intentionally omits to give any information
respecting that offence which he is legally
bound to give, shall be punished with
imprisonment of either description for a term
which may extend to six months, or with fine,
or with both.
Information to be given by
village officers
 Every
officer employed in connection with
the affairs of a village and every person
residing in a village shall forthwith
communicate to the nearest Magistrate
or to the officer in charge of the nearest
police station, whichever is nearer, any
information which he may posses
respecting :-
 (a)
the permanent or temporary
residence of any notorious receiver or
vendor of stolen property in or near such
village:
 (b) the resort to any place within, or the
passage through, such village any person
whom he knows, or reasonably suspects,
to be a thug, robber, escaped convict or
proclaimed offender;
 (c)
the Commission of, or intention to
commit, in or near such village any nonbailable
offence
or
any
offence
punishable under section 143, section 144,
section 145 , section 147 or section 148 of
the Indian Penal Code (45 of 1860).

(d) the occurrence in or near such village of
any sudden or unnatural death or of any
death under suspicious circumstances or the
discovery in or near such village of any corpse
or part of a corpse, in circumstances which
lead to a reasonable suspicion that such a
death has occurred or the disappearance
from such village of any; person in
circumstances which lead to a reasonable
suspicion that a non-bailable offence has
been committed in respect of such person.
 (e)
the Commission of, or intention to
commit, at any place out of India near
such village any act which, if committed
in India, would be an offence punishable
under any of the following sections of the
Indian penal Code (45 of 1 860), namely,
sections 231 to 238 (both inclusive),
section 302, 304, 382, 392 to 399 (both
inclusive), 402, 435, 436, 449, 457, to 460
(both inclusive), section 489A, 489B, 489C
and 489D;
 (f)
any matter likely to affect the
maintenance of order of the prevention
of crime or the safety of person or
property respecting which the District
Magistrate by general or special order
made with the previous sanction of the
State Government, has directed him to
communicate information.
Information in non-cognizable
cases and investigation of
such cases
 If
any person gives information to an
officer in charge of a PS of the
commission of a non-cognizable offence,
the officer shall enter or have cause to
enter the substance of the information in
a book to be kept by such an officer in
the form prescribed by the State
Government. The officer shall then refer
the informant to the Magistrate
sec.155(1)
 No
Police officer shall investigate a Noncognizable case without the orders of a
competent Magistrate (Magistrate should
have power to try such cases and commit
the case for trial)
sec.155(2)
 But
once such orders are issued by a
Magistrate, the police officer receiving
the order may exercise the same powers
in respect of the investigation as an officer
i.c. of a PS may exercise in a cognizable
case except the power to arrest without a
warrant
sec.155(3)
 No
directions or guidance provided to the
Magistrates as to how this power is to be
exercised
 Power not to be exercised arbitrararily or
capriciously
 Probably he has to consider the totality of
circumstances and consider whether it
would be proper and just to order
investigation by the Police
 If
a Magistrate who is not competent to
order investigation erroneously orders
investigation in good faith an investigation
u.s.155(2), the proceedings shall not be
merely set aside merely on the ground of
his being not so empowered
sec.460(b)
 If
a police officer investigates a noncognizable offence without the orders of
a Magistrate, such a non-conformance to
mandatory provisions laid down in
sec.155(2) may be a material one vitiating
the ultimate proceedings and may also
be considered violative of Art.21 of the
Constitution
 However,
whether such non-compliance
is material one vitiating the proceedings
may depend on the facts and
circumstances in each case
 If
such a breach is brought to the notice
of the court at an early stage of trial the
court will have to consider the nature and
extent of violation and pass appropriate
orders for such reinvestigation as may be
called for
 In
general, if such a breach is not noticed
at an early stage and the trial is
concluded the defect or illegality of
investigation would not vitiate trial unless it
caused prejudice to the accused and
resulted in miscarriage of justice in terms
of section 465 CrPC
 Where
a case relates to two or more
offences and at least one of such
offences is cognizable, the case shall be
deemed to be a cognizable case even
though the other offences are noncognizable
sec.155(4)
Information in cognizable
cases and investigation of
such cases
 Any
person can give information to the
police regarding the commission of a
cognizable offence
 Information to be given to the officer in
charge of a Police Station having
jurisdiction for investigating the case
sec.154(1)
 If
the information is given orally to such
officer the information will have to be
reduced into writing by the officer or
under his direction
–sec.154(1)
 Information if given in writing, or if it is
reduced into writing it shall be signed by
the informant
sec.154(1)
 Information
as taken down in writing shall
be read over to the informant
-sec.154(1)
 Substance of the information is to be
entered by the police officer in a book
kept in the prescribed form
sec.154(1)
 Book called Station House Diary or
General diary
A
copy of the information as recorded
shall be forthwith given to the informant
sec.154(2)
 Statement of the informant as recorded
under sec.154 is called the First
Information Report(FIR); it sets the criminal
law in motion; it is the basis for
investigation

If the information is given by a woman against
whom an offence under the following sections of
IPC
is alleged to have been committed or
attempted, then such information shall be
recorded by a woman police officer or any
woman officer
– first proviso to sec.154(1)

Voluntarily causing grievous hurt by use of acid,
etc.
–sec.326A
Voluntarily causing grievous hurt by use of acid,
etc.
-Sec.326B.

 Assault
or criminal force to woman with
intent to outrage her modesty
sec.354
 Sexual harassment and punishment for
sexual harassment.
sec.354A.
 Assault or use of criminal force to woman
with intent to disrobe
sec.354B
 Voyeurism
- sec.354C.
 Stalking
-sec. 354D.
 Punishment
for Rape
-sec.376
 Causing death or resulting in persistent
vegetative state of victim
-sec.376A
 Sexual intercourse by husband upon his
wife during separation
sec.376B
 Sexual intercourse by a person in authority
–sec,376C
 Gang
rape
-sec.376D
 Repeat offenders
-sec.376E
 Word, gesture or act intended to insult the
modesty of a woman
-sec.509
 (a)
Information pertaining to such
offences if alleged to have been
committed or attempted, on a woman
who is mentally or physically disabled
temporarily or permanently shall be
recorded by a police officer, at the
residence of the person seeking to report
such offence or at a convenient place of
such person’s choice, in the presence of
an interpreter or a special educator, as
the case may be;
 (b)
Recording of such information shall be
videographed
 (c) As soon as possible the police officer
shall get the statement of such a person
recorded by a Judicial Magistrate u.s.
164(5A)(a)
second
proviso
to
sec.154(1)
 Police
have powers to investigate
cognizable offences; power provided
only to a SHO
 No proceedings of a police officer in any
such case shall be questioned at any
stage on the ground that the police
officer was not empowered to investigate
the case under
sec.156
-sec.156
After recording of FIR
 Investigation
of a cognizable offence
begins
 Investigation of a cognizable consists of
the following steps( H.N. Rishbud v State of
Delhi AIR 1955 SC 196; State of MP v
Mubarak Ali AIR 1959 SC 707)
 1. Proceeding to the spot
 2. Ascertainment of the facts and
circumstances of the case
 3.
Discovery and arrest of the suspected
offender
 4. Collection of evidence relating to the
commission of an offence which may
consist of (a) the examination of witnesses(including
the accused) and the reduction of their
statements into writing, if the officer thinks
fit;
 (b)
the search of places or seizure of
things considered necessary for the
investigation and to be produced at the
trial; and
 5.Formation of the opinion as to whether
on the material collected there is a case
to place the accused before a
Magistrate for trial and if so taking the
necessary steps for the same by the filing
of a charge-sheet under section 173
Procedure for investigation of
a cognizable offence
 Investigation
of a cognizable offence
commences when a police officer in
charge of a police station has reason to
suspect the commission of a cognizable
offence
 Basis
for the suspicion may be the FIR
u.s.154 or any other information of the
police
 The officer must be having the power to
investigate u.s.156 that is the police officer
must have jurisdiction to investigate the
offence
sec.157(1)
 Where
reasonable suspicion of the
commission of a cognizable offence
exists, the police officer must immediately
send a report of the circumstances
creating the suspicion, to a Magistrate
who has powers to take cognizance of
such offence upon a police report
-sec.157(1)
 The
State Government my direct that
every such report shall be sent to the
magistrate through a superior police
officer
appointed
by
the
State
Government for this purpose
-sec.158(1)
 The
superior officer may give such
instructions to the officer in charge of the
police station as he thinks fit, and shall,
after recording such instructions on the
report, transmit the same without delay to
the Magistrate
-sec.158(2)
 Police
officer in charge of the police
station shall then proceed to the spot to
investigate the facts and circumstances
of the case and if necessary, to take
measures for discovery and arrest of the
offender
-sec.157(1)
 The police officer in charge of the police
station may depute one of his
subordinate officer not below such rank
as prescribed by the State Govt.
-sec.157(1)
 Under
certain circumstances it is not
necessary for the police officer in charge
of a police station to proceed to the spot
and to investigate the case. These are 1. When the case is not of a serious nature
and the information as to the commission
of offence has been given against any
person by name
-proviso (a)
to sec.157(1)
 2.
if it appears to the officer in charge of a
police station that there is no sufficient
ground for entering on an investigation he
shall not investigate the case
-proviso (b) to sec.157(1)
 Under both the circumstances the officer
in charge of the police station should
state in his report reasons for not fully
complying with the provisions
 Where
the officer in charge of the police
station feels that there is no sufficient
ground for investigation and does not
take up investigation, the police officer is
required
to
notify
the
informant
immediately to the informant in the
manner prescribed by the State Govt.
that he will not investigate the case or
cause it to be investigated
sec.157(2)
 In
relation to the offence of rape,
statement of the victim should be
obtained at the residence of the victim or
in the place of her choice and as far as
practicable by a woman police officer in
the presence of her parents or guardian
or near relatives or social worker of the
locality
-second Proviso to sec.
157(1)
A few aspects of FIR
 Requirements
for an FIR under section 154
of CrPC. The information must have been given to
the officer in-charge of a police station.
 Such
information
must
relate
to
commission of a cognizable offence
 It must have been the earliest report to
the commission of a crime on the basis of
which investigation would commence.
 It
must be in writing or be reduced in
writing (if oral) and must be signed by the
informant.
 The information reduced in writing must
be read out to the informant and a copy
thereof should be given to the informant
forthwith free of cost.
 The substance of the information must be
entered in a book called Station House
Diary or General diary
Police officer refusing to
register case pertaining to
cognizable offence
 If
a police officer refuses to register a case
the following remedies are available
 Inform the Superintendent of Police of the
District to take action
-sec.154(4)
 Approach Court
-sec.156(3)
 Any
person aggrieved by a refusal on the
part of an officer in charge of a police
station to record the information of a
cognizable offence may send the
substance of such information, in writing
and by post, to the Superintendent of
Police concerned
 ….who,
if satisfied that such information
discloses the commission of a cognizable
offence, shall either investigate the case
himself or direct an investigation to be
made by any police officer subordinate
to him, in the manner provided by this
Code, and such officer shall have all the
powers of an officer in charge of the
police station in relation to that offence.
-sec.154(3)
 Section
156(3) empowers any Magistrate
who is empowered to take cognizance of
offences under section 190 may order
investigation of a cognizable offence
 According to section 190, subject to
certain restrictions, on taking cognizance
in respect of certain offences,
 …Any
Magistrate of the first class, and any
Magistrate of the second class specially
empowered in this behalf by the CJM
may take cognizance of any offence (a) upon receiving a complaint of facts
which constitute such offence;
 (b) upon a police report of such facts;
 (c)upon
information received from any
person other than a police officer, or
upon his own knowledge, that such
offence has been committed.

“complaint” means any allegation made
orally or in writing to a Magistrate, with a
view to his taking action under this Code,
that some person, whether known or
unknown, has committed an offence, but
does not include a police report.
-sec.2(d)
A
Magistrate can order an investigation
under section 156(3) only at the precognizance stage
 Before a Magistrate directs investigation
under section 156(3) he has to notionally
decide that investigation by police is
needed and inquiry by himself may not
be sufficient
 On
complaints sent to them police make
investigation of the case and send a
report to the Magistrate u.s.173
A
Magistrate empowered to take
cognizance of an offence under section
190 instead of ordering investigation
u.s.156(3) may take cognizance of the
offence on a complaint and examine the
complainant u.s.200
 Then
the Magistrate may either inquire
into the case himself or direct an
investigation to be made by a police
officer or by such other person as he
thinks fit for the purpose of deciding
whether or not there is sufficient ground
for proceeding- sec.202(1)
Conducting a preliminary
enquiry before registering the
FIR
 The
issue whether a police officer can
conduct a preliminary enquiry before
registering the FIR as has been discussed
by the SC in Lalit kumari v State of UP
(2014) 2 SCC 1 SC. After discussing this
subject SC has issued the following
directives
 i)
Registration of FIR is mandatory
under Section 154 of the Code, if the
information discloses commission of a
cognizable offence and no preliminary
inquiry is permissible in such a situation
 ii)
If the information received does not
disclose a cognizable offence but
indicates the necessity for an inquiry, a
preliminary inquiry may be conducted
only to ascertain whether cognizable
offence is disclosed or not.
 iii)
If the inquiry discloses the commission
of a cognizable offence, the FIR must be
registered. In cases where preliminary
inquiry ends in closing the complaint, a
copy of the entry of such closure must be
supplied to the first informant forthwith
and not later than one week. It must
disclose reasons in brief for closing the
complaint and not proceeding further.
 v)
The police officer cannot avoid his duty
of registering offence if cognizable
offence is disclosed. Action must be taken
against erring officers who do not register
the FIR if information received by him
discloses a cognizable offence.
 v)
The scope of preliminary inquiry is not to
verify the veracity or otherwise of the
information received but only to ascertain
whether the information reveals any
cognizable offence.





vi) As to what type and in which cases
preliminary inquiry is to be conducted will
depend on the facts and circumstances of
each case. The category of cases in which
preliminary inquiry may be made are as
under:
a) Matrimonial disputes/ family disputes
b) Commercial offences
c) Medical negligence cases
d) Corruption cases
 e)
Cases where there is abnormal
delay/laches
in
initiating
criminal
prosecution, for example, over 3 months
delay in reporting the matter without
satisfactorily explaining the reasons for
delay.
 The aforesaid are only illustrations and not
exhaustive of all conditions which may
warrant preliminary inquiry.
 vii)
While ensuring and protecting the
rights
of
the
accused
and
the
complainant, a preliminary inquiry should
be made time bound and in any case it
should not exceed 7 days. The fact of
such delay and the causes of it must be
reflected in the General Diary entry.
 viii)
Since the General Diary/Station
Diary/Daily Diary is the record of all
information received in a police station,
we direct that all information relating to
cognizable offences,
 ..whether
resulting in registration of FIR or
leading to an inquiry, must be mandatorily
and meticulously reflected in the said
Diary and the decision to conduct a
preliminary inquiry must also be reflected,
as mentioned above.
Delay in FIR
 Delay
in every case cannot be a ground
for suspicion. The reason for the delay has
to be satisfactorily explained
 Sahebrao v State AIR 2006 SC 2002
 Venkate Gowda v State (2006) 13
SCCC203
Two FIRs


There cannot be two FIRs against the same
accused in respect of the same case. But
when there are rival versions in respect of the
same episode, they would normally take the
shape of two different FIRs and investigation
can be carried on under both of them by the
same
investigating
agency;
second
complaint as a counter case is not prohibited
T.T. Antony v State of Kerala;Upkar Singh v
Veda Prakash AIR 2004 SC 4320;
Determinants of a FIR
 The
determinants of a FIR are It should be neither vague or indefinite;
but it should be information of facts
disclosing the commission of a cognizable
offence
 It may be given by anybody
 It is not necessary that the offender or the
witnesses should be named
-State v P.A.Madhu 1984 CrLJ 1438
What is not FIR
 Statements
given to the police after
commencement of investigation
 Typed copy of statement reduced to
writing
 Vague or indefinite information
 Cryptic message for help not about
occurrence of cognizable offence
Use of FIR
 Cannot
be used as a substantive
evidence but can be used only to
corroborate or contradict the informant
under sections 157 and 145 of the Indian
Evidence Act
 Former
statements of witness may be
proved to corroborate later testimony as
to same fact.—
 In order to corroborate the testimony of a
witness, any former statement made by
such witness relating to the same fact, at
or about the time when the fact took
place, or before any authority legally
competent to investigate the fact, may
be proved.
Sec.157IEA


Cross-examination as to previous statements
in writing.—
A witness may be cross-examined as to
previous statements made by him in writing or
reduced into writing, and relevant to matters
in question, without such writing being shown
to him, or being proved; but, if it is intended to
contradict him by the writing, his attention
must, before the writing can be proved, be
called to those parts of it which are to be
used for the purpose of contradicting him.
Sec.145 IEA.
 Considering
sections 157 and 148 it is quite
obvious that FIR cannot be used for the
purpose of corroborating or contradicting
any witness other than the one lodging
the FIR
 In certain cases it may be used u.s.32(1)
of the Evidence Act as to the cause of
death or under sec.8 of the Evidence Act
as showing his conduct
 When
the statement is made by a person
as to the cause of his death, or as to any
of the circumstances of the transaction
which resulted in his death, in cases in
which the cause of that person's death
comes into question. ..
 Such
statements are relevant whether the
person who made them was or was not,
at the time when they were made, under
expectation of death, and whatever may
be the nature of the proceeding in which
the cause of his death comes into
question.
IEA
Section 32(1)
Power to require attendance
of witnesses



For
effective
investigation,
information
relevant to the commission of offence under
investigation will have to be obtained from
persons acquainted with the facts and
circumstances of the case.
It is therefore necessary to empower the
investigating officer to call for and to secure
the attendance of persons who are likely to
have relevant information
Such power provided by sec.160
A
police officer investigating a case can
by order require the attendance before
himself of any person, if the following
conditions are satisfied
 (a) Order requiring the attendance must
be in writing
 (b) The person must be one who is
acquainted
with
the
facts
and
circumstances of the case
 (c)
the person is within the limits of the
police station of the investigating police
officer or within the limits of any adjoining
station
 It is the legal duty of every person to
attend if so required by a police officer
-sec.160(1)
 Intentional omission to attend liable for
prosecution under sec.174IPC






The following categories of persons are not
required to attend at any place other than
where they residePersons below fifteen years
Persons above sixty five years
A woman
Mentally disabled persons
Physically disabled persons
- proviso to sec.160(1)
Examination of witnesses by
the police
 Oral
examination of witnesses dealt under
sections 161 and 162
 Object of section 161 – to obtain
evidence which may be produced at the
trial later
 Power provided to investigating police
officer to orally examine any person
acquainted
with
the
facts
and
circumstances of the case
–
sec.161(1)
 On
the requisition of the investigating
officer any officer not below the rank as
specified by the Govt. may also orally
examine any person acquainted with the
facts and circumstances of the case
-sec.161(1)
A
person acquainted with the facts and
circumstances of the case is required to
answer truly all questions relating to the
case put by the investigating officer;
however he is not bound to answer such
questions, the answers to which would
have a tendency to expose him to a
criminal charge or to a penalty of
forfeiture
- sec.161(2)
A
person being legally bound to answer
truly all questions, relating to such case
refuses
to
answer
any
question
demanded of him is liable to be punished
u.s. 179 IPC
 If a person gives a false answer which he
knows or beleves to be false liable to be
punished u.s.193 IPC
 The
area covered by Art.20(3) of the
constitution and sec.161(2) CrPC is
substantially same -Nandini Satpaty v P.L.
Dani 1978 SCC (Cri) 236
 The
police officer may reduce into writing
any statement made to him in the course
of examination of a person; and if he
does so he should make a separate and
true record of each such person whose
statement he records
sec.161(3)
 The
statement of witnesses should be
recorded as promptly as possible
 Unjustified and unexplained long delay in
the recording of a statement by the IO
may render the evidence of such witness
unreliable
 Recording
of a joint statement of several
witnesses during the investigation is a
clear contravention of sec.161(3)
 Though it would neither render the
witnesses incompetent nor render their
evidence inadmissible, it can affect the
weight attached to their evidence
 Non-compliance
with the provisions of
section 161(3) whether would vitiate the
trial depends upon the facts and
circumstances and facts of each case
 Unless the noncompliance has resulted in
causing prejudice to the accused in his
defence and has resulted in a failure of
justice it would not vitiate the trial
A
statement made under section 161(3)
may also be recorded by audio-video
electronic means
- First proviso to
sec.161(3)
 If
an offence is alleged to have been
committed or attempted to have been
committed on a woman under the
following sections of IPC, her statement
should be recorded by a woman police
officer or any woman officer
 Sections 354, 354- A, 354- B, 354-C, 354-D,;
376, 376-A, 376-B, 376-C, 376-C, 376D;
376-E
509
- second proviso to sec.161(3)
 Statement
made to a police officer under
section 161(3) does not require the
signature of the person making the
statement
sec.162(1)
Evidentiary value of
statements made to police
 Sec.162
provides the rules for using of
statements made by the police during
investigation
 Sec.162 sets the limitations for the use of
statements recorded by the police during
investigation at any inquiry or trial.
 No
statement made by any person to a
police officer in the course of an
investigation under Chapter XII shall, if
reduced to writing, be signed by the
person making it;
 Any such statement or any record
thereof, whether in a police diary or
otherwise, or any part of such statement
or record, cannot be used for any
purpose other than the purposes
mentioned in sec.162
-sec.162(1)
 The
statement made in respect of any
offence under investigation at the time
when such statement was made can be
used at any inquiry or trial subjected to
the conditions imposed
 When
any witness is called for the
prosecution in such inquiry or trial whose
statement has been reduced into writing
,any part of his statement, if duly proved,
may be used by the accused, and with
the permission of the Court, by the
prosecution, to contradict such witness in
the manner provided by section 145 of
the Indian Evidence Act, 1872 (1 of 1872
 ….and
when any part of such statement is
so used, any part thereof may also be
used in the re- examination of such
witness, but for the purpose only of
explaining any matter referred to in his
cross- examination.
-proviso
to
sec.162(1)
 Examination
of the proviso to sec.162(1)
reveals the following (1)The statement made by a witness to
the police during the course of the
investigation of an offence can be used
in trial if the person making the statement
is called a prosecution witness.
 (2)
The statement can be used for the
purpose of contradicting such witness in
the manner provided by section 145 of
the IEA
 (3) the statement can be used for the
purpose of contradiction (i) by the
defence (ii) by the prosecution with the
permission of the court (might be
desirable if a prosecution witness is won
over by the other side)
 (4)
If any part of the statement is used for
contradiction any part of the statement
can be used in the re-examination of the
witness for the only purpose of explaining
any matter referred in his crossexamination
 Restrictions
imposed by section 162 is
applicable only where such statement is
sought to be used “ at any inquiry or trial
in respect of any offence under
investigation at the time when such
statement was made.”
 These
restrictions would not apply (a) if any such statement is used in any
other proceeding other than an inquiry or
trial or
 (b) even at an inquiry or trial but in
respect of an offence other than that
which was under investigation at the time
when such statement was made


In Khatri(IV) v State of Bihar 1981 SCC (Cri) 503
SC has observed as follows“Section 162 has been enacted for benefit of
the accused and to protect him against
overzealous police officers and untruthful
witnesses. But, this protection is unnecessary in
any proceeding other than an inquiry or trial
in respect of the offence under investigation
and hence the bar created by the section is
a limited bar. …
 ..
It has no application in a civil
proceeding or in a proceeding under
Article 32 or 226 of the Constitution and a
statement made before a police officer in
the course of investigation can be used
as evidence in such proceeding,
provided it is otherwise relevant under the
Indian Evidence Act”
 An
analysis of the way the concept has
developed examined by SC in Tahsildar
Singh v State of U.P. AIR 1959 SC 1012
 Restrictions
imposed by sec.162 do not
apply to any statements falling under
sec.32(1) and section 27 of the IEA
-sec.162(2)
 In
Munnu Raja v State of M.P. 1976 Cri LJ
1718 and Dalip Singh v State of Punjab
1979 Cri. LJ 700 observations of SC
indicate Although a dying declaration recorded
by the police officer during the course of
investigation is admissible u.s. 32 of the EA,
….
 …in
view of the exemption provided by
sec.162(2), it is better to leave such dying
declaration out of consideration until and
unless the prosecution satisfies the court
as to why it was not recorded by a
magistrate or by a doctor


No confession made by any person whilst he is in
the custody of a police officer, unless it be made
in the immediate presence of a Magistrate, shall
be
proved
as
against
such
person.
-sec.26 IEA
Provided that, when any fact is deposed to as
discovered in consequence of information
received from a person accused of any offence,
in the custody of a police officer, so much of such
information, whether it amounts to a confession or
not, as relates distinctly to the fact thereby
discovered, may be proved
sec.27 IEA
 Requirements
of sec.27 IEA are The fact of which evidence is to be given
must be relevant to the issue.
 The fact must have been discovered
 The
discovery must have been in
consequence
of
some
information
received from the accused and not by
accused’s own act




The person giving the information must be
accused of any offence
He must be in the custody of a police officer
The discovery of a fact in consequence of
information received from an accused in
custody must be deposed to
Thereupon only that portion of the information
which relates distinctly or strictly to the fact
discovered can be proved; the rest is
inadmissible
 Explanation
to sec.162 states that an
omission to state a fact or circumstance in
the statement referred to in sec.162(1)
amounts to contradiction
 Every
omission
however
is
not
contradiction
 An omission can amount to contradiction
f it appears to be significant and
otherwise relevant having regard to the
context in which such omission occurs
 Laying
down any test or criteria to
determine an omission is significant “ and
otherwise relevant” is difficult
 Therefore the explanation leaves it by
stating
that “ whether any omission
amounts to a contradiction in the
particular context shall be a question of
fact”
Statements not to be
obtained by pressure or
inducement
 Fair
investigation requires that the
statement made to the police or other
authorities in the course of investigation
should be true and unbiased
 To ensure that such statements are made
without any pressure, fear or inducement
section 163 puts forth certain restrictions
 No
police officer or other person in
authority shall offer or make, or cause to
be offered or made, any such
inducement, threat or promise as is
mentioned in section 24 of the Indian
Evidence Act, 1872 (1 of 1872 )
–
sec.163(1)
A
confession made by an accused
person is irrelevant in a criminal
proceeding, if the making of the
confession appears to the Court to have
been caused by any inducement, threat
or promise, having reference to the
charge against the accused person,….
…
proceeding from a person in authority
and sufficient, in the opinion of the Court,
to give the accused person grounds,
which would appear to him reasonable,
for supposing that by making it he would
gain any advantage or avoid any evil of
a temporal nature in reference to the
proceedings against him
-sec.24 IEA
 Sec.163(2)
is a corollary to the rule
contained in sec.163(1)
 No police officer or other person shall
prevent, by any caution or otherwise, any
person from making in the course of any
investigation under Chapter XII any
statement which he may be disposed to
make of his own free will
 Nothing
in sec.162 (2) shall affect the
provisions section 164(4)
-proviso to sec.163(2)
Recording of confessions and
statements
 Any
confession made to a police officer is
not admissible in evidence as per sec.25
of IEA
 Statements recorded by the police during
investigation can be used only for the
purposes mentioned in Sec.162 of CrPC
 A special procedure is provided by
sec.164 for recording of confessions and
statements made during the course of
investigation
before
a
competent
Magistrate
 Sec.164
deals with the recording of
confessions and other statements which
are not confessions
 A confession recorded under sec.164 can
be used as substantive evidence
 Record of such a confession is admissible
in evidence even though the magistrate
recording the confession is not called as a
witness (sec.80 Of IEA)
A
non-confessional statement recorded
u.s.164 is not substantive evidence
 If the maker of such a statement is called
as a witness in the trial, his earlier
statement can be used for corroborating
or contradicting him u.s 157 or sec.145 of
the IEA
 The
mode of recording a confession is not
the same as in the case of recording a
statement
 Mode of recording a confession is more
elaborate so as to ensure that only free
and voluntary confessions alone are
recorded and recorded accurately
An analysis of sec.164 reveals the following
points 1. A confession or a statement can be
recorded only by MM or a Judicial Magistrate
-sec.164(1)
2. A police officer on whom powers of a
Magistrate are conferred by any law is not
competent to record confession u.s.164
-second
proviso
to
sec.164(1)

3. Confessions or statements can be recorded
u.s.164 either in the course of an investigation
or at any time afterwards but before the
commencement of inquiry or trial
-sec.164(1)
4. Recording of confession or statement may
be recorded by audio-video electronic
means in the presence of the advocate of
the accused person
- First proviso to sec.164(1)

 5.
Before recording any such confession
the Magistrate is required to explain to the
person making the confession that (a) he is not bound to make such
confession and
 (b) if he makes a confession it can be
used against him as evidence
sec.164(2)
 6.
In the memorandum required to be
made by the Magistrate recording the
confession the fact of giving the above
warning
should
be
mentioned
-sec.164(4)
 7.Magistrate not to record any confession
unless upon questioning the person
making it, he has reason to believe that it
was made voluntarily
sec.164(2)
 8.
confession will have to be recorded in
the manner provided in sec.281 for
recording the examination of the
accused person; the person making the
confession has to sign
-sec.164(4)
 9. Any statement other than a confession
shall be recorded in the manner provided
for recording of evidence
 10.In
case of offences punishable under
section 354, 354A to 354D, 376 376 A -376
E and 509 IPC the statement of person
against whom the such offence is
committed has to be taken as soon as the
commission of the offence is brought to
the notice of police
-sec.164 5A(a)
 11.
the
Magistrate
recording
the
confession or statement u.s.164 is required
to send the record directly to the
Magistrate by whom the case is to be
inquired or tried
Non-compliance with the
provisions of sec.164 or 281
 Any
non-compliance with the provisions
of sec.164 can be cured u.s.463 CrPC
Non- compliance with
provisions of section 164 or
section 281
If any Court before which a confession or
other statement of an accused person
recorded, or purporting to be recorded
under section 164 or section 281, is
tendered, or has been received, in
evidence finds that any of the provisions
of either of such sections have not been
complied with by the Magistrate
recording the statement, ….


…..it
may,
notwithstanding
anything
contained in section 91 of the Indian
Evidence Act, 1872 (1 of 1872 ), take
evidence in regard to such non- compliance,
and may, if satisfied that such noncompliance has not injured the accused in his
defence on the merits and that he duly made
the statement recorded, admit such
statement.
(2)The provisions of this section apply to
Courts of appeal, reference and revision.
sec.463
 In
Rabindra Kumar Pal @ Dara Singh v
Republic of India AIR 2011 SC 1436 has
summarised the principles regarding
sc.164 CrPC as follows (i) The provisions of Section 164 Cr.P.C.
must be complied with not only in form,
but in essence.
 (ii)
Before proceeding to record the
confessional statement, a searching
enquiry must be made from the accused
as to the custody from which he was
produced and the treatment he had
been receiving in such custody in order to
ensure that there is no scope for doubt of
any
sort
of
extraneous
influence
proceeding from a source interested in
the prosecution.
 (iii)
A Magistrate should ask the accused
as to why he wants to make a statement
which surely shall go against his interest in
the trial.
 (iv)
The maker should be granted
sufficient time for reflection.
 (v)
He should be assured of protection
from any sort of apprehended torture or
pressure from the police in case he
declines
to
make
a
confessional
statement.
 (vi)
A judicial confession not given
voluntarily is unreliable, more so, when
such a confession is retracted, the
conviction cannot be based on such
retracted judicial confession.
 (vii)
Non-compliance
of
Section
164 Cr.P.C. goes to the root of the
Magistrate's jurisdiction to record the
confession and renders the confession
unworthy of credence.
 (viii)
During the time of reflection, the
accused should be completely out of
police influence. The judicial officer, who
is entrusted with the duty of recording
confession, must apply his judicial mind to
ascertain and satisfy his conscience that
the statement of the accused is not on
account of any extraneous influence on
him.
 (ix)
At the time of recording the statement
of the accused, no police or police
official shall be present in the open court.
 (x) Confession of a co-accused is a weak
type of evidence.
 (xi)
Usually the Court requires some
corroboration from the confessional
statement before convicting the accused
person on such a statement.
Medical examination of the
victim of rape.
 In
order to ensure availability of a proper
evidence in rape cases, the victim should
be sent for medical examination within
twenty four hours from the time of
receiving the information relating to the
commission or attempt to commit such
offence
-sec 161A
 The
Medical practitioner has to make a
detailed examination and send the report
to the I.O for onward transmission to the
Magistrate as a part of police report
 The exact time of commencement and
completion of the examination should be
noted in the report
(2)(5)(6)
-sec.164A
Production of documents and
things required for
investigation
 The
main processes for compelling
production of documents and things are (a) Summons issued by a court
 (b) Written order issued by a police officer
in charge of a police station
 (c) Search and seizure with or without a
warrant
 These
processes may be used for The investigation, inquiry or trial in respect
of any offence; or
 For any other proceeding generally taken
as a preventive or precautionary measure
Summons to produce
document or other thing



Whenever the production of any document
or other thing is necessary or desirable for the
purposes of any investigation, inquiry, trial or
other proceeding(i) A Court may issue a summons, or
(ii) Any officer in charge of a police station
may issue a written order,
to any person having such a document or
thing to produce the same as required by
such summons or written order
sec.91(1)
 This
rule would not be applicable in
respect of the following (a)
any unpublished official record
relating to any affairs of State, or certain
official communications
sec.91(3) r.w.sec.123IEA;sec.91(3) r.w.
sec.124 IEA
 (b)
any letter, postcard, telegram or other
document or any parcel or thing in the
custody of the postal or telegraph
authority.
 (c) an accused person- since it would be
otherwise violative of Art.20(3) of the
Constitution
which
prohibits
selfincrimination
 If
any document, parcel or thing In the
custody of a postal or telegraph authority
is required for the purpose of any
investigation, inquiry, trial or other
proceeding, DM, CJM, court of session or
HC may require such authority to deliver
the document, or thing to a person
specified
-sec.92(1)
 In
case of urgency, any Magistrate, or
Commissioner of Police or District
Superintendent of Police, may require the
postal or telegraph authority, as the case
may be, to cause search to be made for
and to detail such document, parcel or
thing pending the order of a District
Magistrate, Chief Judicial Magistrate etc.
-92(2)
When is search warrant
issued
 Under
the following circumstances a
search warrant is issued (a) Where any Court has reason to
believe that a person to whom a
summons or order under section 91 or a
requisition under section 92(1) has been,
or might be, addressed, will not or would
not produce the document or thing as
required by such summons or requisition,
or
 (b)
where such document or thing is not
known to the Court to be the possession
of any person, or
 (c) where the Court considers that the
purposes of any inquiry, trial or other
proceeding under this Code will be
served by a general search or inspection
-sec.93(1)(a)-(c)
A
general search means a search not in
respect of any specific documents or
things but a roving inquiry for the purpose
of discovering the documents or things
which might involve persons with criminal
liability
 Inspection refers to a locality or place and
not of documents
 Search warrant u.s.93 is issued in Form 10
 If
a DM,SDM or JMFC has reason to
believe that any place is used for the
deposit or sale of stolen property, or for
the deposit or sale or production of any
objectionable articles like counterfeit
coins, stamps, currency notes, false seals
and instruments or materials used in
making them and obscene objects as per
sec.292 IPC,…….
 …he
may authorise any police officer
above the rank of constable to enter and
search the place and size the articles
-sec.94
 Search warrant u.s 94 is issued in Form 11
 Where
any newspaper, or book, or any
document contains any matter the
publication of which is punishable under
any of the sections 124A, 153A, 153B, 292,
293 295A IPC, the State Government may,
by notification, stating the grounds for
such action, declare every copy of such
newspaper or book etc. to be forfeited to
Government
 Upon
such declaration any Magistrate by
warrant authorise any police officer not
below the rank of sub-inspector to enter
upon and search for such copies in any
premises where these may reasonably
suspected to be
sec.95
 Any person aggrieved by notification can
approach the High Court for redressal –
sec 96
 If
a DM, SDM or JMFC has reason to
believe that any person is wrongfully
confined, he may issue a search- warrant
for the search of such person
 If a person is found in the course of a
search he should be forthwith taken
before a Magistrate who shall pass
appropriate orders
- sec.97
 Following
provisions of CrPC are
applicable to all search warrants (issued
under sections 93, 94,95 and 97)
-sec.99
 Private citizens are empowered to assist a
person other than a police officer in the
execution of a warrant directed to that
person
-sec.38
 Every
warrant issued by a Court shall be in
writing, signed by the presiding officer of
such Court and shall bear the seal of the
Court.
-sec.70(1)
 Every warrant shall remain in force until it is
cancelled by the Court which issued it, or
until it is executed.
sec.70(2)

A warrant directed to any police officer
may also be executed by any other
police officer whose name is endorsed
upon, the warrant by the officer to whom
it is directed or endorsed
-sec.74
A
warrant may be executed at any place
in India
sec.77
 A warrant may be executed outside the
local jurisdiction of the court the issuing
court may forward it to any executive
Magistrate or district SP or CP within the
local limits of whose jurisdiction it is to be
executed -sec.78
A
police officer who is directed to
execute a warrant beyond the local
jurisdiction of the court issuing it has to get
it endorsed locally by the Executive
Magistrate or SHO where the warrant is to
be executed and then execute the
warrant
-sec.79(1)
 If there is likelihood of delay in getting the
endorsement it may be executed without
such endorsement
-sec.79(2)