Police Investigation and its Role in Justice Delivery System
Police Investigation
The police investigation play important role in fair trial by Court. Without fair investigation Court cannot deliver justice.
Police starts investigation after registration of FIR because police cannot do investigation without registration of complaint.
Role of Quality Police Investigation
The entire criminal trial depends on the police investigation. The fairer is investigation the more chances of fair justice.
Sometimes Investigation failed to collect important piece of evidence which ultimately benefits the accused in his acquittal.
Complainant and Investigation Officer is Same Person
In many cases Court found that the complainant who file First Information Report and investigation officer is the same person.
(a) Corruption Matters
(b) NDPS Act matters
(c) Road Accident Matters
(d) Other matters where police do raid.
In such situation accused may raise objection of biasness but Court rejects their contention until Court found serious prejudice to the accused.
Procedure of Police Investigation
Sections 173 to 196 of BNSS, 2023 provide powers and procedures of investigation officers for conducting investigation of crimes.
As per the aforesaid provisions completion procedure have been provided right from registration of complaint to submission of charge sheet / final report before concerned Magistrate.
Although an accused can apply for anticipatory bail and cooperate the Investigation. If Court do not find fit case for anticipatory bail, can grant interim bail for specific period.
Defective Investigation & its Causes
If police officer failed to do fair investigation which resulted into acquittal of the accused.
Courts cannot make conviction of accused on the basis of defective investigation. The following are few examples of defective investigation.
(a) Not colleting blood stain and clothes from the incident spot for forensic examination.
(b) Not sending of weapons, cartridges & pellets for ballistic examination.
(c) Not Recording of Statements of Independent Witness
(d) Causing delay in inquest Report
(e) Not conducting Test Identification Parade
(f) Unjustified time gap in Last Seen Theory
There are other various examples due to which Court ultimately orders acquittal of the accused due to defective investigation.
Defective investigation may also benefit the accused in obtaining the bail during pendency of criminal trial.
If the accused feel that there is false allegation against him, he can also file petition for Quashing of FIR before High Court.
Charge Sheet after Investigation
After collecting the evidences, police prepare charge sheet and submit to Magistrate. It is not necessary every case require charge sheet.
If police do not find evidence then police can submit final report to competent court consisting no evidence against alleged accused.
Further investigation
After submission of charge sheet, the BNSS, 2023 has empowered the police officers to conduct further investigation however subject to permission from the competent court.
Frequently Asked Questions
1. Which factor does affect most trial proceedings ?
Answer: Investigation by Police affects most the trial proceedings.
2. Whether police can file charge sheet on strong suspicious ?
Answer: Police can file charge sheet even on the basis of strong suspicion.
3. Whether Test Identification Parade is right of accused ?
Answer: No, Test Identification Parade (TIP) is not right of accused. Investigating agency is not oblige to hold Test Identification Parade.
4. Whether police personnel can act ballistic experts ?
Answer: Under section 45 of Evidence Act, police personnel having certificate of technical competency and armour technical course and also having long experience of inspection, examination and testing of fire arms and ammunition can act as an expert.
5. What is the remedy against injury caused by police while in custody ?
Answer: Individual should complain to concerned Magistrate for alleged injury.
6. Whether any inferior rank officer then competent officer can do investigation ?
Answer : Although a Competent Officer should do investigation, however, If an investigation of offence u/s. 156(2) CrPC has been conducted by some police officer of inferior rank or of a police station within whose local territorial jurisdiction, the offence had not been committed, even then such investigation cannot be called into question on the ground of incompetence of the investigating officer.