Wednesday, 9 January 2019

Define & explain the term Investigation.

Q. Define & explain the term Investigation.
1.INTRODUCTION.
Investigation is a searching the facts and collection of evidence by a police officer or by any person nominated by the Magistrate. Investigation officer can use his powers under rule regarding the collection of evidence and other material related received inquiry. He is authorized by a Magistrate. A proceeding by a police officer or any other investigation officer for the collection of evidence related to offence has been committed is called investigation. It can also be made by a person special authorized by a Magistrate. If the Investigation does not reveal that an offence has been committed, the case may be filed and no action is taken.
2. RELEVANT PROVISIONS.
Section 4(1)(l) of Cr.P.C.
3. MEANING OF INVESTIGATION.
Trying the facts and collection the evidence.
4. DEFINITION OF INVESTIGATION.
(I). According To Section 4(1)(I) of Cr.P.C.
“Investigation includes all the proceedings under this code for the collection of evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf”.
(II). Simple Definition.
“Investigation is an important act doe by the police officer or other authorized officer regarding inquire the matters related to the case is called investigation”.
5. EXPLANATION.
A proceeding by a police officer other than a Magistrate for the collection of evidence for ascertaining as to whether any offence has been committed is called investigation. It can also be made by a person specially authorized by a Magistrate. If the investigation does not reveal that an offence has been committed, the case may be filed and no action is taken.
6. NATURE OF INVESTIGATION.
The nature of investigation about which section 4(1)(I) of Cr.P.C. talks is criminal and not otherwise.
7. OBJECT OF INVESTIGATION.
The object of the investigation is to collect the evidence relating to the offence.
8. AUTHORITY TO INVESTIGATION.
The police officer or any other person authorized by a Magistrate is competent for investigation.
9. COMMENCMENT OF INQUIRY.
The Magistrate shall be commencing in the following two ways.
(i). When F.I.R. is lodged than the police officer in-charge is the authorized person to investigate.
(ii). When a complaint is made to the Magistrate than any person authorized by the Magistrate in this regard can investigate.
10. STEPS IN INVESTIGATION.
Investigation generally consists of the following steps.
(i). Proceeding to the spot.
(ii). Ascertainment of the facts and circumstances of the case.
(iii). Discovery and arrest of the suspected offender.
(iv). Collection of evidence relating to the commission of the offence which may consist of;
(a). The examination of various persons, including the accused, and the reduction of their statements into writing, if the office thinks fit.
(b). The search of places or seizure of things considered necessary for the investigation and to be proceed at the trial; and
(v). Formulation 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.
11. CONCLUSION.
The pith and marrow of all the previous discussion there is no iota untruth shows that Investigation is an important act doe by the police officer or other authorized officer regarding inquire the matters related to the case is called investigation. A proceeding by a police officer or any other investigation officer for the collection of evidence related to offence has been committed is called investigation. It can also be made by a person special authorized by a Magistrate. If the Investigation does not reveal that an offence has been committed, the case may be filed and no action is taken.

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