INTRODUCTION

An Officer-in-charge (SHO) of a police-station is empowered to investigate any

cognizable offence by the section 156 of Criminal Procedure Code (CrPC). SHO can
also also depute his subordinates to investigate the facts and circumstances of the case
under the section 157 of Criminal Procedure Code. The investigating-officer can
summon any person to the investigation.The privileges of investigating-officer are
given in the sections 160-175 of CrPC and the restrictions on investigating-officers
while investigation of a case are provided in various guidelines and directions
provided by court and the government from time to time which will be discussed in
our posts later on.Today we will discuss about the steps followed by the investigating
agencies during investigation of a case and to make people aware of the procedure of
investigating agencies which can help to reduce the gap among the police and the
general public :
How First-information-report(FIR) can be registered ?
The complainant can register a complaint with the police in the following ways :
> By telephone
> By post
> By visiting police-station
> Through online SMS or email
After receiving the information, Officer-in-charge of the police-station verifies the
contents of the first-information-report (FIR) and decides whether the contents of the
information are of a cognizable offence or non-cognizable offence.
What is Cognizable offence ?
Cognizable case is the case in which police registers an FIR in the FIR register
and investigates the case and can arrest without warrant. The offence committed in a
cognizable case is called cognizable offence.There are two types of cognizable
offences i.e. bailable and non-bailable.
Bailable :
The offences in which police is bound to grant bail to the accused(accused is a
person who has committed some offence) are called bailableoffences.Thebail is
granted on production of surety(surety is a person depositing property or sum of
money or pledge to police/court for the release of accused) to the accused.In case of
bailable offence, the bail is granted on the spot/police-station and is not produced
before the court.So don't be confused why the accused has been released by the police
on the spot/police-station, it simply means he must have committed an bailable
offence which is cognizable.

Non-bailable :
The offences in which officer-in-charge of a police-station can not grant bail to
the accused except under special circumstances. The officer-in-charge of police-
station is bounded by law to produce the arrested person before the nearest judicial
magistrate within 24 hours of his arrest excluding the time necessary for the journey
from the place of arrest to the magistrate's court.In case of the non-bailable offence, if
the accused appears before the court or is produced by the police before the court, it is
the privilege of the court whether to grant a bail to the accused or not ? If bail is not
granted, accused is either sent to the police-custody/remand or to the judicial
custody/remand.

Police-remand :
People are generally afraid of the term "Police-remand"and think that remand
means only the physical and mental torture but it is not true.Now,a lot of restrictions
have been placed the investigating agencies and no torture is allowed by law.Any type
of torture is an offence in itself and a lot of other agencies keep vigil over the
police.Police remand is only meant to cooperate the police during investigation so that
investigating officer may complete his investigation successfully. It is also important
to mention here that no disclosure by the accused before the police during police
remand is admissible before the court of law if circumstances does not corroborate the
admission.During police custody/remand,accused is kept in the police lock-up.The
police-remand can be of maximum 14 days.

Judicial-custody/remand :
When an accused appears before a court or is produced before court after arrest,
magistrate decides whether the accused will be sent to the police custody for police
remand or to the judicial custody for the judicial remand or to grant him bail.During
police/judicial custody of the accused, if the case is under investigation, police is
supposed to complete his case within 60 or 90 days and present the case for trial in the
court.With the permission of the court,investigation period can be increased from 60
or 90 days.The officer-in-charge of police-station is is not bound to present the case in
the court within 60 or 90 days, if accused is on bail.During judicial custody, accused
is kept in judicial lock-up and is produced before the court after every 14 days.
Difference between Police-lock-up and Judicial-lock-up :

It is difficult for a common man to find a difference between police-lock-up and

the judicial-lock-up.The lock-ups which are built in police-station and are maintained
by the police department are called the police-lock-ups whereas lock-ups built in the
jail complex are called judicial lock-upsand are maintained by the jail authorities.
During police custody, accused is in the control of the investigating officer and is kept
in police lock-up whereas in judicial custody,accused in the control of the jail
authorities and police is not authorised to interrogate the accused without prior
permission of the court.The same accused can not be interrogated twice under same
offence, if he has been sent to judicial custody.
The maximum period of custody can be calculated in the following way,if the
case is under investigation with the investigating agency :

Police custody+Judicial custody= 60 or 90 days.

What is a Non-cognizable offence :

Non-cognizable offence is an offence in which police can neither register an
FIR, investigate nor affect arrest without the permission of the court.When such an
information is received in police-station which is non cognizable, officer-in-charge of
police-station enters the contents of the information in the register no. 2 of the police-
station which is called Daily-diary of the police-station and not in the register no.1
which is FIR register.Police has no power to investigate the non-cognizable offence
without the permission of the court.

A common-man approaches the police-station with a complaint against a

person or a group of persons with a mind set that after receipt of his complaint, police
will arrest the accused person and will forward his case to the court for trial, without
understanding the difference between cognizable and non-cognizable offences. This
creates a confusion in the mind and results in an increase in gap between a common-
man and the police.We will discuss more topics on procedure of investigation, rights
of public and topics mentioned in other pages.

NHRC Guidlines on Arrest

Arrest/detention by the Police and NHRC :

National Police Commission (NPT) examined the subject "power of arrest"

and found that a large number of discretionary and unnecessary arrests are made by
the police which give rise to corruption, malpractices and highhandedness, adversely
affecting the image of the police in the public. It also leads to overcrowding in the
prisons and unnecessary expenditure.
The power of arrest seriously restrict the individuals rights and has direct effect
on the image of the police in the public, National Human Rights Commission of India
has issued a number of guidelines arrest of the accused by the investigating agencies :

Guidelines to be followed before Arrest :

1) Arrest should be made only after a reasonable satisfaction.
2) Arrests in cognizable cases be carried out only if accused is involved in serious
offence, likely to abscond, prone to violent behaviour or habitual offender.
3) While proceeding for arrest of accused, police officer should carry photograph

of the accused or should take help of some person to identify the accused so as to
avoid wrongful arrests.
4) The Station House Officer (SHO) while deputing his subordinate for arrest of a
person should written order to the deputed officer regarding arrest of the person.
5) After due notification, police-officer can break open the door for arrest of
accused.

Guidelines during Arrest :

1) The arrested person must be informed about the grounds of arrest and his right to
to be represented by the lawyer.
2) Use of force must be avoided during arrest,if needed minimum force must be
used.
3) Police officer carrying out the arrest/detention must bear clear, accurate and
visible identification and name tags.
4) The particulars of the arresting officer must be recorded in a register.
5) While arresting a person a memo arrest must made which must be attested by at
least one witness and should be signed by the arrested person. A copy the memo be
given to the arrested person.

Guidelines after Arrest :

1) The arrested person must be produced before the court within 24 hours of
arrest, excluding the journey time from his place of arrest to the court.
2) The reasons of arrest must be recorded in case diary.
3) In case a person is arrested in bailable offence, he must be informed about his
right to bail.
4) The arrested person must be made aware his right to inform a friend, relative
or a person interested in his welfare about his arrest and place of detention as soon as
practicable.
5) An entry must be made in diary indicating the information about arrested
person and name of the person in whose custody the arrested person is being kept.
6) Afriend,relative of the arrested person must be notified by the police about
time,date and place of arrest and custody. If the relative or friend lives outside district
or town, information must be given through District Legal Aid Organisation and
concerned police station.
7) Fetters or handcuffs should not be used as matter of routine or for the
convenience of escorting officer. The arrested person should not be handcuffed unless
there is clear danger of his escaping and is involved in serious offence, is of desperate
character or likely to commit suicide.
8) The reasons for handcuffs must be recorded in case diary report and should not
be handcuffed without the permission of the Magistrate.
9) Officer conducting search of a person must prepare a memo of the seized-
articles and should hand over a copy of the memo to the arrested person.
10) Arrested person should be kept only in the officially recognised places.
11) Care should be taken for safety and well-being of the detained person.Proper
arrangement for his food,shelter,clothing, medical services and personal hygiene be
made.
12) While an accused is medically examined by doctor to get evidence in case, the
care should be taken if the accused is a woman, she should be medically examined
through a woman medical practitioner.
13) The substance of the medical examination be recorded in station diary. All
major and minor injuries be noted a memo and arrangements be made for his
treatment.
14) The medical examination of accused person be carried trained doctor who is in
the penal of the approved doctors of the Director, Health Services.
15) Police officer should allow the arrested person to consult a lawyer of his/her
choice. Lawyer can remain present during interrogation for some time.Police may
remain present at the time of consultation but care should be taken of the privacy of
the arrested person.
16) No one should be subjected to the torture, inhuman or degrading treatment.
17) Accused person can not be to confess guilt or testify against himself.
18) An arrested person should not be photographed unless it is absolutely
necessary. Permission of the Superintendent of the Police or prior sanction of the
Deputy Inspector General of the Police be taken.
19) Copies of all documents including memo of arrest be sent to Illaqua Magistrate.
20) The legal aid committee be informed about the arrest of the accused person so
that arrested person can take legal assistance.
21) The information about the arrest and about the place where detained person is
being kept must be sent State Police Headquarter within 12 hours of the arrest. This
information should be prominently displayed in the police control room at district and
state headquarter.

Arrest/detention by the Police and HumanRights :

Article 21 of the Constitution of India state "no person shall be deprived of his
life or personal liberty except according to the procedure established by law."
Article 22 states " no person who is shall be detained in custody without being
informed of the grounds of such arrest and shall not be denied the right to consult and
defend himself by a legal practitioner of his choice."
 Clause 2 of the article 22 states that the person arrested or detained in custody
shall be produced before the nearest magistrate within 24 hours of his arrest or
detention excluding the journey time.
Article 20 part 3 of the constitution of India state that person accused of an
offence can not be compelled to be a witness against himself.
In this regard, Hon'ble Supreme Court of India has issued some guidelines
for the police personnel when they detain/arrest any person during investigation of a
case and are to be followed :

Guidelines of the Hon'ble Supreme Court of India :

The Hon'ble Supreme Court of India has issued some "requirements"/guidelines
for the police personnel to be followed in all cases of arrest/detention which are as
follows :
1) The police personnel carrying out the arrest/interrogation of the arrested person
should bear accurate, clear visible name-plate with their designation. The particulars
of such police personnel should be recorded in a register.
2) The police personnel carrying out the arrest shall prepare a memo of arrest at
the time of arrest and memo shall be attested as witness by at least one of the member
of the family or by a respectable member of the society where the arrest is made.It
shall be counter signed by arrested person and shall contain the date and time of
arrest.
3) A person who is arrested or detained and kept in police custody in police-station
or interrogation centre or lock-up shall be entitled to have one friend or relative other
person known to the arrested person or having interest in his welfare being informed
as soon as practicable , that he has been arrested and being detained at the particular
place .
4) The time, place of arrest and venue of custody of an arrested person must be
notified by the police if next friend or relative of arrested person lives outside the
district or town and the police station of the concerned area telegraphically within 8 to
12 hours after his arrest.
5) The person arrested must be aware of his right to have someone informed about
his arrest or detention as soon he is put under arrest or is detained.
6) An entry must be made in the diary at the place of detention regarding arrest
and should disclose the name the informed person and the particulars of the arresting-
officer.
7) On request of the arrested person he/she should be medically examined at the
time of arrest and injuries, if any, be recorded at that time.The inspection memo must
be signed by both arresting -officer and the arrested person and its copy be provided
to the arrested person.
8) The arrested person should be medically examined by trained doctor or panel of
doctors every 48 hours of his/her detention in custody appointed by Director, Health
Services of the concerned State or Union-territory. Panes should be prepared by the
Director Health for all Thesils and Districts.
9) The copies of all the documents including the memo of arrest , should be sent to
Illaqua Magistrate.

10) The arrested person must be allowed to meet his lawyer during interrogation,
though not throughout the interrogation.
11) A police control room should be provided at all district and state headquarters
where information regarding arrest be communicated by the arresting-officer within
12 hours of arrest information of arrest should be displayed on a conspicuous notice-
board at the control-room.

If some concerned officer fails to comply with the above 11 requirements

shall be liable for the departmental action also liable for the proceedings for contempt
the court in any High Court of the country, having jurisdiction over the matter.

CONCLUSION
There are certain legislations like the Police act of 1861,Criminal procedure code
1973,Evidence act 1872 etc which regulate the police procedure in India and all these
laws are valid according to the Constitution of India.The Constitution of India which
fulfills the basic human rights, so all these laws are in compatibility with human rights
as judiciary also upheld the validity of these laws.