CrPC Section 157: Investigation Procedure – Explained

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CrPC Section 157: Investigation Procedure – Explained

1. State the Code

Section 157 of the Code of Criminal Procedure (CrPC), 1973 deals with the Procedure for Investigation. It outlines the steps that an Investigating Officer (IO) must follow while investigating a cognizable offense.

2. Explanation

Section 157 mandates that the IO must:

  • Collect evidence: Gather all relevant material to prove the guilt or innocence of the accused, including statements, documents, and physical objects.
  • Record evidence: Properly document all collected evidence in a case diary, including the date, time, and location of each piece of evidence.
  • Examine the scene of the crime: Conduct a thorough examination of the crime scene to identify and collect potential evidence.
  • Identify suspects and witnesses: Locate and interview potential suspects and witnesses to gather information about the crime.
  • Seek necessary permissions: Obtain warrants or other legal permissions for actions such as searches, seizures, or arrests.
  • Submit reports: Regularly submit progress reports to the Magistrate, outlining the steps taken during the investigation.

3. Illustration

Imagine a theft case. The IO would follow these steps:

  • Visit the scene of the crime to examine the place and look for any fingerprints or other clues.
  • Record the statements of the victim and any potential witnesses.
  • Examine the CCTV footage from the area.
  • Identify potential suspects by using the information gathered.
  • Gather evidence like stolen items, fingerprints, and witness accounts.
  • Prepare a case diary meticulously documenting all the gathered evidence and actions taken.
  • Submit regular reports to the Magistrate on the progress of the investigation.

4. Common Questions and Answers

Here are some common questions and answers regarding CrPC Section 157:

  • Q: Who is responsible for the investigation?A: The Investigating Officer (IO) appointed by the Magistrate is responsible for the investigation.
  • Q: What is a case diary?A: It is a detailed record maintained by the IO, documenting every step taken during the investigation, including all collected evidence and actions taken.
  • Q: What are the consequences of violating Section 157?A: Failure to follow the procedures outlined in Section 157 can lead to various consequences, including:
    • Challenges in court during trial due to lack of proper evidence collection and documentation.
    • Disciplinary action against the IO.
    • In some cases, the investigation may be deemed invalid.
Also Read  Section 46 CrPC: Arrest Procedure in India - Code of Criminal Procedure
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