Case Investigation

The standard of investigation of a matter is a state of worry in many cases in India. The faulty investigation leads to incorrect acquittals and justice being denied to the victims in the society. It explains the process of investigation and lapses that occur during the process that can be made out to ensure that standard of investigation is no longer worry of a state. The Clause 2(h) of the Code of Criminal Procedure (CrPC) defines the term ‘Investigation’ as all proceedings under the CrPC for collection of evidence conducted by a police officer. The investigation is the foundation of criminal law on which the case move in a circle. A proper investigation is essential to ensure that an accused gets a fair trial in the court. When information in the cognizable case is notified at the police station, he shall reduce it in writing. All such information bring down to writing shall be read over orally to the aggrieved person and then signed by him or her as per under Section 154 of the Criminal Procedure Code (CrPC). In non-cognizable cases as per Section 155 of CrPC, the information needs to be recorded by the police officer but the investigation can commence only after taking order of the Magistrate. So without permission police officer can not take cognizance and need permission.

• An investigation is an inquiry into the facts of the commission of an offence. It is conducted by police officers as per the procedures and principles established by law. In most of the criminal cases prosecuted, an improper investigation leads to wrong acquittals.
• The police officer in charge delayed in registering the FIR.
• The crime scene is often disturbed by the general public by the time police officers reach the crime scene which leads to loss of evidence like hair strands, fingerprints, footprints, and other evidence.
• The case diaries in police stations are not maintained diligently due to the dearth of time which affects the outcome of the case.
• Forensic experts are less in number and they send the medical reports after an inordinate delay. As a consequence, charge sheets are submitted after a long delay which affects the case drastically so delay the justice.
• Scientific investigation is not developed which leads to the loss of much crucial evidence. The branches of forensic science include but are not limited to fingerprinting, toxicology, odontology, polygraph (lie detection), blood identification, DNA fingerprinting. The in-depth knowledge of these branches is required for investigating officers to fulfil their responsibilities of collecting evidence to be used by the prosecution while in India we are far away to meet the standards of other foreign states.
• Witnesses can become hostile and change their statements during the trial. They do not cooperate with the police either being biased or influenced due to personal gain or fear.

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