Procedure for investigation
AI Assist
Summary
When the police in-charge has reason to suspect an offence he must promptly report to the Magistrate and either go to the spot or send a subordinate of prescribed rank to investigate and, if needed, take steps to discover and arrest the offender. If the informant names a person in a minor case, on-spot inquiry may be skipped; if there are no sufficient grounds the officer must not investigate. In rape cases the victim's statement should be recorded at her home or chosen place, as far as possible by a woman officer and with relatives or a social worker present; any non-compliance and reasons must be recorded and the informant notified.
Example
Priya goes to her local police station and names Rohan for stealing goods from her shop. The officer sends a report to the Magistrate and, because the offence is minor and the suspect is named, he need not visit the spot; if he decides not to investigate he will record his reasons and inform Priya.
Bare Act
Enacted text(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-
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(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;
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(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.
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 to that Sub-Section, 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.
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