Investigation by Police

  • Custody in Section 170 CrPC – Interpretation

    Explanation and Correct interpretation of the word Custody in Section 170 CrPC 1. Introduction Section 170 CrPC reads – Section 170 in The Code of Criminal Procedure, 1973 170. Cases to be sent to Magistrate when evidence is sufficient. (1) If, upon an investigation under this Chapter, it appears to the officer-in-charge of the police…

  • Investigation is Statutory Duty of Police

    It is the statutory duty of Police to investigate into a complaint of cognizable offence. Police investigation is not only a statutory duty but also a constitutional obligation of the Police. “24. In the criminal justice system the investigation of an offence is the domain of the police. The power to investigate into the cognizable…

  • Object and Purpose of Lodging FIR – Section 154 CrPC

    The criminal justice system hinges on FIR lodging, prosecution, investigation, trial facilitation, and speed. Significant court rulings underscore the FIR’s critical role in ensuring early, reliable information on crimes, emphasizing the risks of delays leading to distorted accounts. The FIR initiates legal proceedings and guides investigators. In fact, lodging of FIR, launching of criminal prosecution,…

  • When the Maker of Dying Declaration Survives

    The Supreme Court has held that a statement recorded as a dying declaration cannot be treated as evidence under Section 32 of the Evidence Act if the declarant survives. Instead, it’s considered a statement under Section 164 of the Code, usable for corroboration or contradiction. Confessions must be voluntary, truthful, and corroborated, and a statement…

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