Investigation by Police
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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…
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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…
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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,…
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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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Need for Introduction of Section 41A of CrPC
The argument that low conviction rates justify arrests as punishment is rejected, emphasizing that only courts should determine guilt, not police. Rising crime due to population growth and unemployment doesn’t negate the need for law reform focused on serious crimes over minor offenses. The Supreme Court has directed releases in minor and non-economic offenses. “But…
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Power to Transfer Investigation to CBI should be used Sparingly and in Extraordinary Circumstances
The Court could exercise its constitutional powers for transferring an investigation from the State investigating agency to any other independent investigating agency like CBI only in rare and exceptional cases. Supreme Court Judgment ANALYSIS : 43. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only…
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Misuse and Abuse of Investigatory Powers of Police
“Human dignity is a dear value of our Constitution. But if a police officer transgresses the circumscribed limits and improperly and illegally exercises his investigatory powers in breach of any statutory provision causing serious prejudice to the personal liberty and also property of a citizen, then the Court, on being approached by the person aggrieved…
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