Investigating Officer

Who is an "Investigating Officer"?

Investigating Officer has not been defined under the statutes, however, it can be inferred from CrPC and BNSS.

An Investigating Officer thereby, encompasses the role and responsibilities involved in the collection of evidence during criminal proceedings. According to Section 2(h) of the CrPC, an Investigation includes all proceedings for evidence collection conducted by a police officer or any authorized individual other than a magistrate. Further, as per Section 2(o) of the CrPC, the "officer in charge of a police station" is defined based on hierarchy and authority, specifying the actions to be taken in the absence or incapacity of the designated officer. These provisions establish the framework within which an IO can work, particularly through Chapter XII which outlines procedures related to information provided to "police officers". Under the Code of Criminal Procedure, 1973, now Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, investigating officers are endowed with significant powers, primarily vested in police officers, who occupy a pivotal role in the criminal justice system.

Official definition of "Investigating Officer"

As defined in case law

In State of Bihar and Another vs. P.P. Sharma IAS and Another, the Supreme Court of India held that The investigating officer is the arm of the law and plays pivotal role in the dispensation of criminal justice and maintenance of law and order. The police investigation is, therefore, the foundation stone on which the whole edifice of criminal trial rests-as error in its chain of investigation may result in miscarriage of justice and the prosecution entails with acquittal. The duty of the investigating officer, therefore, is to ascertain facts, to extract truth from half- truth or garbled version, connecting the chain of events. Investigation is a tardy and tedious process. Enough power, therefore, has been given to the police officer in the area of investigatory process, granting him or her great latitude to exercise his discretionary power to make a successful investigation.

As defined in government document

An investigating officer, for the purpose of offences committed under the Prevention Of Atrocities Act shall be a police officer of a rank not below that of a Deputy Superintendent of Police. The appointment of the investigating officer shall be made by the State Government, Director General of Police, or Superintendent of Police. The appointment shall consider the officer's past experience, ability, and sense of justice, ensuring the officer is capable of understanding the case's implications and conducting the investigation efficiently and within the shortest possible timeframe.

Framework governing Investigation Officer

Chapter XII of the Code of Criminal Procedure (CrPC), along with similar provisions in the BNSS, establishes a comprehensive framework for police reporting and investigative powers, ensuring procedural clarity and efficiency. The process begins with the filing of a First Information Report (FIR) under Section 154 CrPC, now S.173 of BNSS. This serves as the foundation for initiating an investigation when a cognizable offence is reported. Following the FIR, the collection of evidence is guided by Section 157 CrPC,now S.176 of BNSS, which requires investigating officers to personally visit the crime scene or delegate the task, gather evidence, and identify and arrest suspects as necessary. If there are insufficient grounds to investigate, the reasons must be documented, and the complainant informed.

Additionally, under Section 160 CrPC, S.179 of BNSS, investigating officers have the authority to summon individuals who may have knowledge relevant to the case. Section 161 CrPC, S.180 of BNSS, empowers them to record witness statements, which, while not admissible as evidence, can be used for contradiction purposes. Exceptions include dying declarations under the Indian Evidence Act, which are admissible in court. For searches and seizures, Section 165 CrPc and 185 BNSS empowers officers to conduct searches and seize relevant items, provided proper documentation is maintained, reasons for the search are recorded, and findings are reported to the nearest Magistrate. Arrest procedures are governed by Sections 41 to 60A of the CrPC and Section 38 to 62 of BNSS. ensuring that arrests are supported by evidence and respect the accused's rights. To maintain transparency and progress tracking, Section 172 CrPC and S.192  BNSS mandates that investigating officers maintain a detailed case diary. Upon completing the investigation, officers must submit a final report under Section 173(2), now 193 BNSS enabling electronic communication. If sufficient evidence is found, a chargesheet is filed; otherwise, a closure report is submitted. Furthermore, Section 173(8) and 193(9) permits further investigation if new evidence comes to light. In the case of HN Rishbud v. State of Delhi, the following steps were laid out as constituting the following steps:

1. Proceeding to the site;
2. Ascertaining the facts and circumstances of the case;
3. Arresting the suspected officer after discovering their identity; and
4. Collecting evidence pertaining to the commission of the offense.

Also, Investigating officers (IOs) are required to comply with various laws that pertain to specific criminal activities. For instance, the Narcotic Drugs and Psychotropic Substances Act, 1985, governs the investigation of drug-related offenses, specifying procedures for managing evidence and making arrests. Similarly, the Prevention of Corruption Act, 1988, outlines guidelines for investigating corruption, including special protocols for the arrest and prosecution of public officials.

Duties of Investigating officer

The duties of a police conducting investigation may be under stood through the provisions of the Model Police Act, 2006.

1. Section 57 of the said Act lays down the roles, functions and duties of the police.
2. Among other roles, it is inevitable for police to promote and preserve public order, prevent crimes, accurately register complaints, be first responders in providing help to citizens and to create and maintain feeling of security in the community.
3. Additionally, the police has also been conferred certain social responsibilities as mentioned under section 58 of the Model  Police Act.
4. In Yashwant vs. State of Maharashtra (2019) 18 SCC 571, the Supreme Court clearly stated that police have the primary responsibility to protect and uphold law and that their duty to administer criminal law is not a duty merely towards the individual accused but also to the State and the community at large.
5. Code of Conduct for the police in India were issued in the form of guidelines by the Ministry of Home Affairs.
6. It mentions a list of directions for the police to bear in mind while imparting their duties.
7. These directions include (non-exhaustive):- Police must bear faithful allegiance to the Constitution of India;- Police must recognize and respect the limitations of their powers and functions;- The prime duty of the police is to prevent crime and disorder.
8. The Guidelines also speak of the importance of integrity as the fundamental basis of the prestige of the police and why the same may be hampered due to police corruption.
9. Such guidelines are not binding but merely directive in nature

Role and Powers of Investigating Officers in Cognizable and Non-Cognizable

Role and Powers of the Investigating Officer in Cognizable Cases

In regards to investigations within the ambit of cognizable offenses, Section 156 of the CrPC and Section 175 of the BNSS are relevant. It provides that any officer in charge of a police station may investigate a cognizable offence without an order of the magistrate. Thus, even where the FIR under Section 154 CrPC and Section 173 BNSS is registered at the instance of a police officer, there is no bar under Section 156 CrPC and Section 175 of the BNSS for an officer in charge of a police station to investigate the same.

Further, it is stipulated that the powers to carry out such investigation are limited to the extent of where the Court in question has jurisdiction. The trial itself cannot be vitiated in entirely merely on grounds of some illegality or defect that does not have a direct bearing on the procedure or competence relating to cognizance. The standard to be proven in order for the conviction to be set aside (specifically in regard to processes of investigation) is fairly high, the investigation itself should have brought about some miscarriage of justice to qualify for this standard. In the case of Deepak Mandal vs The State Of Bihar, the victim's account was held to be highly credible and convincing, which the I.O. has confirmed as well. The Patna High Court held that if the victim's testimony is credible, the prosecution's case cannot be dismissed, notwithstanding some shortcomings in the investigation.

Role and Powers in Non-Cognizable Cases

In regard to non-cognizable offenses, an order of a competent Magistrate is the necessary prerequisite for a police officer to begin carrying out an investigation under 155(2) of CrPC, now S.174 of BNSS. Once this permission is given, the powers of the investigating officer will mirror those of an officer in the case of a cognizable offense. This prerequisite ensures judicial oversight before initiating an investigation into non-cognizable offenses. Once the Magistrate grants permission, the investigating officer is empowered to carry out activities akin to those permitted in cognizable cases, including evidence collection and witness examination. However, an important distinction is that while the officer will have the permission to investigate, carrying out an arrest will require a warrant. In State of Haryana v. Bhajan Lal (1992), the Supreme Court held that in non-cognizable offenses, police officers cannot investigate without prior approval from a Magistrate under Section 155(2) of the CrPC. This ensures judicial oversight to prevent misuse of police powers and safeguards individuals from undue harassment.

Supervision of Investigations

Sub-Divisional Police Officers shall as a rule visit the scenes of crime and supervise the investigations in all the heinous cases. They shall also take up personal investigation in complicated or important cases. Sub-Divisional Police Officers (SDPOs) play a critical role in investigating heinous crimes, ensuring thorough oversight and effective case resolution. Upon reaching the crime scene, the SDPO must inspect the site, examine witnesses, and supervise the collection of evidence. They should ensure that case diaries are promptly and accurately maintained under their guidance. Typically, the SDPO remains at the crime scene, overseeing the investigation until substantial progress is achieved.

In cases where leads are lacking, the SDPO and the Circle Inspector may stay at the site to continue efforts or decide to delegate further investigation to local officers if necessary, resuming supervision later if required. If another heinous crime is reported during an ongoing investigation, the SDPO must assess its urgency. If the second case demands immediate attention, the SDPO should provide detailed instructions for continuing the first case before proceeding. They may return to the first case after addressing the second if needed. Conversely, if the first case takes priority, the SDPO should complete its supervision before addressing the second. When notified of a heinous crime during routine inspections, the SDPO must pause the inspection, visit the crime scene, and then resume the inspection afterward.

Investigation officers in Specific Offences

Powers of Investigating Officer while Investigating Dowry Death Cases

Dowry Death cases, unless taken over by the special cell, shall be investigated by the Deputy Superintendent of Police of the Sub-Division.

Powers of Investigating Officer while arresting Women Offenders

For the arrest of the women offenders, it is vital to employ only female police officers as investigating officers. If the offender has to be taken in custody, then the women police officer should be in charge of the station where the offender will be detained. further, any interrogation of the woman offender has to be done under the supervision of a woman investigating officer.

Powers of Investigating Officer while Investigating Rape Cases

The investigating officer needs to do thorough investigation to see whether additional evidence supports the victim's statement. As soon as the rape case is reported, a female investigating officer should accompany the victim to the medical examination and the police report should be filed. It is important for the investigating officer to keep in mind that the definition of rape does not necessarily require clinical proof of the crime. The act of mere penetration is enough to qualify as rape. The investigating officer should additionally ask the medical officer to whom the victim is referred for a medical checkup to check the victim's intimate areas and remove any hair or semen from the pubic and vaginal regions.

Duties of an Investigating Officer

Recording of the crime scene

The investigating officer should use photography, sketching, observation notes, videography, and audio tape recording as soon as he gets to the crime site. It is essential because the court system and defense attorneys require solid proof to support the conditions and circumstances that were allegedly in place at the time of the crime.

Especially, when there is a charge of sexual assault, the location of the crime should be visited, recorded on camera, photographed, and carefully investigated by the investigating officer to look for any significant incidents. If the accused is apprehended soon after the offense, he should be placed under arrest and sent for a medical examination while still in his clothes. Should there be a postponement in the arrest process, the clothes that he wore during the commission of offence, should be seized and sent for medical examination.

Collection of Evidence

The evidence that will be gathered throughout the course of the investigation needs to be pertinent to the circumstances at hand. In order to support their investigation, the investigating officer thus seeks to gather: Oral evidence; documentary evidence; expert evidence; and circumstantial evidence.

Recording the statement of witnesses

Section 161 CrPC and Section 180 of BNSS give the investigating officer the authority to question anyone (including suspects) who may be able to provide information about the case's facts and circumstances verbally. He may choose to put each of these people's statements in writing, and when he does, he must keep a separate record of each of these people.

Recording Statements of the Accused

It is important and necessary for an investigating officer to record the statement of an accused person, more so, if it contains lengthy details. Verification of all the information provided by the accused is essential for the investigation and needs to be done carefully. Daily entries regarding the facts should be made in the case diary.

Recording the Confessional Statements

When an investigating officer feels that an accused person may confess and reveal a fact, he or she should take the necessary steps to ensure that the confessional statement is recorded in person and get the witnesses' signatures.

Maintenance of Case Diary

Case diary is a confidential and privileged document. The Investigating Officer and his superiors shall ensure both the case diary's physical and its contents' safety.

Preparation of the Charge-sheet

Only the investigating officer may compile, submit, and present the charge sheet to the court. The investigating officer should draft a report outlining the specifics of the case, going over the type of evidence, each accused person's liability or not, the likelihood of a defense and whether or not it is credible, and lastly, the course of action he suggests.