INTRODUCTION

The Investigation process has been dealt from section 154 to 176
in CODE OF CRIMINAL PROCEDURE CODE 1973.In this
article I will deal with the procedure of the investigation by police
officer and there drawbacks.Though this code has been made with
maximum possible care and caution, it still needed many other
improvement and amendments.

INVESTIGATION STAGE
A police case which is likewise famously known as
GeneralRegister (GR) case is situated in motion by documenting a
First Information Report (FIR) concerning commission of
cognisable offense to the officer responsible for a police
headquarters (area 154 of Code of Criminal Procedure, CrPC). A
cop may research any cognisable offense without the request of
the Magistrate (area 156 CrPC).
In the wake of recording the police case, officer-in-control might
himself explore the case or educates a cop and not the beneath
rank of Sub Inspector to examine the same. By and by, researching
officer examines the spot of event, readies the representation
delineate with the list of the spot, records the announcements of
the witnesses why should assumed be familiar with the truths and
situation of the event (area 161Cr PC), grabs the seized articles
(alamat) and hence readies the seizure records in vicinity of
witnesses (Section 103). At that point captures or tries to secure
the blamed and suspects and advances them to the closest

Magistrate inside 24 (twenty four) hours of their capture , confines

and cross examines them in his guardianship, petitions God for
detainment in his authority (remand) (segment 167), produces the
charged or victimized person before the Magistrate to have his
admission/ articulation recorded (area 164 of Code of Criminal
Procedure ). Now and then they directs the investigation of the
perished victimized person (segment 174), sends the expired for
post-mortem, gathers restorative authentications & master reports,
keeps up journal of procedures of examination (area 172), and
presents the police report (section173).
Police Regulations , Code of Criminal Procedure 1973, or
concerned unique laws, Evidence Act 1872, Constitution and
points of reference are the power and rules to which the exploring
officers must hold fast to.

Defects in examination
The Code of Criminal Procedure does not accommodate any
particular time restrain inside which examination is to be finished.
Nonetheless, there is a statutory evidence in segment 167(1) that
examination is to be finished inside 24 (twenty four) hours.
Further, segment 167(5) engages the cognisance taking Magistrate
or Judge to allow safeguard to the blamed if examination is not
finished inside 120 (one hundred and twenty) days.
Police Regulations likewise express that even most troublesome
criminal examination ought not take more than 15 (fifteen) days if
the examination goes at stretch (Regulation 261). Abnormally,
criminal researching division or investigator branches, quick move
unit make longer period in finishing their examination than the
standard police power take.
By and by examining officers don't record the announcements
while looking at the witnesses, however accordingly make an
outline of what the witnesses said at the time of examination. They
set up the record of those announcements at their 'extra time'.
Subsequently, numerous basic focuses are discovered to be absent
in their recorded explanations. The announcements of witnesses
therefore recorded can't be utilized by the indictment, however can
be utilized by the safeguard under segment 162 to negate an
arraignment witness in the way gave by area 145 of the Evidence
Act 1872. Exploring officers has next to no thought regarding the
significance of articulations made under area 161.
Once in a while portrayal guide and list of the spot of event are
arranged without clear determination. Additionally alamat are
seized in the police headquarters long after the event which is
created by the witness. It is the obligation of the cop to seize

alamat at the spot of event or clinic quickly after the event.

Deferred seizure at some different spots other than the pertinent
spot of event clearly welcomes question.
There is no need of recording the announcement of source amid
examination. On the other hand, much of the time, researching
officers record the announcement of source who himself is the
victimized person. There is additionally defer in gathering
restorative authentications and other master reports.
In addition, researching officers in some cases don't send a case
journal alongside remand supplication to God. Therefore, charged
is sent to the penitentiary authority pending becoming aware of the
remand supplication to God for some other date. Along these
lines denounced gets to be familiar with solidified hoodlums in
prison care and makes planned endeavor to avoid the examining
officer even he is in remand in a consequent date.
Keeping the charged for long in police authority before being sent
to the Magistrate for recording his admission under area 164
clearly annihilates the veracity of such admission. At times
examining officer submits last investigate the request of allibi of
the denounced. Source and exploring officer being the same
officer is additionally deadly to the indictment case.
There is no pretrial meeting of the examining officer and people in
general prosecutor, and most the exploring officers have no
information on law of proof. Researching officers additionally feel
hesitant to give confirmation amid trial however Court issues all
conceivable methodologies. Now and again, amid trial there is no
hint of examination officer who has been exchanged to some
different spots.

The prime object of examination is to recognize the denounced

persons who have conferred the offense. Along these lines
exploring officer is to gather proof to be utilized amid trial. In this
manner, a flawed examination prompts premature delivery of
equity when there is broken confirmation. It merits saying that
examination is the essential substratum whereupon trial of
criminal cases is established. I am of firm view that changes in the
criminal equity framework ought to be launched first at the
examination stage. In fine, I might want to recreate perceptions of
Hon'ble High Court subsequently:
"We have run over numerous cases in which because of broken
examination blamed get advantage for sensible uncertainty
disregarding reliable and uniform confirmation of arraignment
witnesses about the event. Accordingly, individuals of our nation
have been losing confidence in the present arrangement of
organization of equity principally because of the disappointment
of the police to legitimately examine the case and gather the proof.
It is high time that the arrangement of the examination of the
criminal cases by the police alone ought to either be surrendered
or totally changed."

Recommendation To the Indian Police Service

1) As the senior-most officers of the Indian police, send solid,
steady, and unambiguous signs to people in general and
subordinate police that discretionary capture and confinement,
torment and sick treatment, and extrajudicial killings are unlawful
and impermissible police strategies.
2) Initiate and lead a battle to professionalize the Indian police
overall by, forexample, presenting stringent enrollment
benchmarks for lower-positioning police,technical preparing, and
expanded improvement of particular units.
3) Take the lead in creating methodologies that put the Indian
police compel in venture with changes in policing somewhere else
on the planet, with, for instance, an attention on bringing
administrations to the group and supplanting the frontier model of
station-based policing. Participate in, and inclination the
legislature to embrace, long haul wanting to coordinate PC
innovation in police work.
4) Embrace wrongdoing avoidance and group associations as
discriminating to successful police work. Lead the pack in
imagining auxiliary changes, for example, extending posting
periods for station house officers and aide administrator of police,
to enhance police learning of the group, encouraging better group
collaboration and more effective wrongdoing examination.

Recommendation to the Legislature

1) Amend or supplant the Police Act of 1861 with enactment
adjusting to the necessities of the Supreme Court in Prakash
Singh. Peg police modernization gifts to states to their agreeability
with the Prakash Singh observing panel's
bearings.
2) Amend the Criminal Procedure Code as to FIR enlistment. To
guarantee brief police help to wrongdoing victimized people,
revise Section 154 to unequivocally express that a police
headquarters must enlist a FIR paying little mind to locale.
Likewise correct it to allow low-positioning police to record a
FIR, regarding the police staff deficiency. Receive the 2005 Police
Act Drafting Committee's suggestion to make inability to enroll a
FIR a criminal offense.
3) Ratify the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the
International Convention for the Protection of All Persons from
Enforced Disappearance. Particularly characterize torment and
implemented vanishings as criminal offenses in the Indian Penal
Code.
4) Amend the Evidence Act to make prohibited any confirmation
acquired on the premise of a police investigation that included the
utilization of torment or pitiless, brutal or debasing treatment or
other unlawful intimidation.
5) Improve police works on with respect to savagery against ladies
by changing segment 498A of the Indian Penal Code to explicitly
characterize abusive behavior at home as an offense.

6) Reduce misuse of procurements of the (Prevention of

Atrocities) Scheduled Tribes and Scheduled Castes Act by altering
it to illuminate that inability to go along withinvestigative system
prerequisites is not reason for releasing a case.
7) Replace Section 197 of the Criminal Procedure Code, which
obliges government authorize for the arraignment of police for
criminal acts including subjective detention,torture and
extrajudicial killings. In case Section 197 is not supplanted,
characterize "official obligation" to reject illegal lead, for
example, subjective detainment ,custodial torment and sick
treatment, and extrajudicial killings.

CONCLUSION
At last I would like to conclude with an incident of a person living
in Mumbai during 26/11/2008. The police officials arrested a
muslim person on the basis of suspicion only. The arrested person
was a taxy driver in mumbai. He was beaten and tortured to such
an extend that later on he couldn't be able to drive his taxi. The
whole family died starwing and at present he is begging on thane
road.
The criminal investigation process plays an important and special
role in countries governed by the rule of law. Its function is to seek
the truth, without fear or favor. That task, integral to both public
safety and justice concerns, must be conducted in an unbiased and
professional manner. If it is not, the result is unsolved crimes,
unapprehended offenders, and wrongful convictions.
Understanding what can go wrong is the first step towards
preventing a criminal investigative failure.

CENTRAL UNIVERSITY OF SOUTH

BIHAR

A Critical Analysis of Crime Investigation System in India

Submitted to: Pradeep Kumar das

Name: Anand Singh
B.A. LL.B(4rth sem.)
CUB131312006