Code
(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:
Provided that–
(a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.
1[Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.]
(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that subsection, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.
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.
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.
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:
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- 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.
