Role of Police in Criminal Investigation: Duties, Powers & Limitations
Role of Police in Criminal Investigation: Duties, Powers & Limitations
Incidents of crime have always disturbed the dynamics of society. And ever since, it has became a complicated task for the law-enforcing bodies to counter the occurrence of crime. The establishment of law enforcement bodies such as police was one of the primary forms counter countermeasures adopted to safeguard the citizens within the country against any forms of crime. And the primary duties of police not only included crime prevention but also involved criminal investigation. Criminal Investigation is one of the most deeply studied concepts in Criminal Law. And it is highly crucial, because constant development in investigative methods significantly increases the case-solving rate of police departments. And this not only reduces the number of new criminal incidents but also cultivates a strong sense of trust for the police amongst community members regarding their safety and the maintenance of law and order.
What was the history of police in India and what were their early roles?
Before we delve deeper into the topic, it is necessary to understand the history of law enforcement in India and what their initial roles and duties were. In India, modern policing started under the British East India Company through early police reforms brought by Warren Hastings in 1774, which were later institutionalized by the Police Act of 1861. This act was inspired by the Irish Constabulary and Napier reforms in Sindh. The act proposed the need for creating a demarcated disciplined force for civil order. Even though earlier it was authoritarian and oppressive yet it had distinct roles from the military. And main roles involved maintaining colonial authority, enforcing British laws, and suppressing Indian dissent through repressive means. Coming to the post-independence era, the Police service evolved into the professional Indian Police Service (IPS), which was an elite service for top officers, shifting its focus to accountability and citizen-service. Arguably, it can be said that in the pre-independence era, the police focused on control and protecting imperial interests rather than communal service. And all of this is very far from the actual criminal investigation that we come across today.
Post independence, India has evolved in all aspects such as technology, science and development. And so is the legal fraternity, even though the core duties of police are listed under section 23 of the Police Act 1861. The legislature introduced new acts and updated previous procedural laws such as CrPC (Criminal Procedure code 1973), IPC (Indian Penal Code, 1860) and Indian Evidence Act, 1872 to BNSS (Bharatiya Nagrik Suraksha Sanhita, 2023), BNS (Bharatiya Nyaya Sanhita, 2023) and BSA (Bharatiya Sakshya Adhiniyam, 2023) respectively. This also redefined and updated new procedural duties and limitations of police in accordance with the new age of technology, and new age crimes mainly involving technology. Such crimes are termed as ‘Cyber Crimes’. Unlike conventional crimes, cyber-crimes focus on data rather than direct harm to individuals. This shift made it essential for the judicial system to
adapt to its approach, interpret and investigate these crimes differently under the provisions of the new criminal laws.
What are the duties and power of police in a criminal investigation provided by the criminal justice system?
Criminal Investigation is a procedure of investigating the events of crime, cause of crime, motive behind the crime, and finding the evidences in order to prosecute the offenders behind the crime. Criminal Investigation is such a vital concept that it is often cited as the backbone of the criminal justice system. And it is the role of police to conduct criminal investigations with utmost precision so that fair and apt justice is been delivered to the victim of the crime. In the Indian Criminal Justice System, the investigation begins after a FIR (First Information Report) is filed under section 173 of BNSS (Bharatiya Nagrik Suraksha Sanhita, 2023). FIR is the report of the information relating to the commission of an offence given to the police officer orally and is reduced in writing by the officer. After the report is filed, it is the duty of the police officer to investigate any offence.
This power is provided to the police under section 175 of BNSS. Along with certain key powers like – a) Power to arrest (with or without warrant)- allowing the police to arrest any person on conclusive evidences or detain any person on valid grounds of suspicion, in order to investigate further. b) Power to Search and Seizure (with or without warrant)- The police in due course can conduct search and seizure with warrant for houses, premises or specific locations. And only under special circumstances like the- delay can cause destruction of evidence or the suspect is likely to escape. The police can conduct search and seizure without the warrant. c) Power to take preventive actions- The law allows the police to arrest without a warrant to prevent the commission of any cognizable offence or issue warnings and bind down persons who are in motive of breaching communal peace and instigating violence. And not just the powers to investigate but the police officers are also provided with certain procedures/duties which must be followed during the investigation. Such procedures include – recording of statements from the victims and the witnesses, especially in rape cases the investigating officer must record the statement of victim at her residence or at place of her choice. Similarly the medical examination of rape victim should be carried out by the officer. Subsequently in crimes like-Murder, or Robbery etc, the police must carefully investigate the crime scene (Power to investigate) to collect any evidence or lead with might lead them to suspects, And file of chargesheet (if evidences exists) or filing closure report if the evidence is insufficient etc.
It is important to note that the moment an investigating officer arrives at a crime scene, their top priority should be to preserve it, ensuring that physical evidence remains intact and untampered with. If preserving the scene isn’t possible, immediate contact with field experts is advised. Recognizing that the crime scene is the most valuable source of information, the officer should arrive as quickly as possible and examine every detail meticulously to ensure that no crucial evidence is overlooked.
Moreover the questions on how critical the role of police in conducting criminal investigations. Can also be answered through various landmark judgments on criminal investigations. Some of them are-
1) Dharam Deo Yadav v. State of Uttar Pradesh AIR 2014 SC(Cri) 1124- The whole case revolves around circumstantial evidence which played a vital role to solve this case. Supreme Court held that due to lack of any evidence with regard to the manner in which the crime was committed. The case did not fall under rarest of the rare case. Due to which the Supreme Court commuted the death sentence to life and 20 yrs of rigorous imprisonment.
BRIEF FACTS OF THE CASE- A 22 year old girl by name Diana Clare Routley from New Zealand came to India as a visitor in the year 1997. After visiting Agra, she reached Varanasi by August 07, 1997 and stayed in her guest house in Varanasi. She left the guest house on August 10, 1997 at about 7.00 a.m. for Darjeeling by train from Varanasi Cantt. Railway Station. Later, she was found missing and her father Allan Jack Routley, having got no information about his daughter informed the authorities and came to India. but she could not be traced. Later, it was revealed that one Dharam Deo Yadav, the accused herein. The accused then confessed that he had committed the murder of Diana along with his associates. The police then went with the accused to his house and pointed out the place where the dead body of Diana was buried after causing her death by way of strangulation.
Here the court emphasized on the statement that crime scene should be dealt without error. And laid down the duties of the Investigating officers on a crime scene. By saying that one of the major activities of the Investigating officer at the crime scene is to make thorough searches for potential evidence that have probative value in the crime. Investigating Officer may be guarded against potential contamination of physical evidence which can grow at the crime scene during collection, packing and forwarding. Proper precaution has to be taken to preserve evidence and also against any attempt to tamper with the material or cause any contamination or damage. The Court also adds that Investigating agency has, therefore, to look for other ways and means to improve the quality investigation, which can only be through the collection of scientific evidence.
2) Anand Sharma vs. NCT of Delhi (Crl. A. 937/2012)- Anand Sharma vs. NCT of Delhi is a 2014 Delhi High Court judgment regarding a dowry death case and the admissibility of the victim's dying declarations.
The case involved the death of Shruti Sharma, who suffered extensive burn injuries at her matrimonial home in August 2006, who later succumed to those injuries.
In its judgment dated October 29, 2014, the Delhi High Court acquitted Anand Sharma and his in-laws, largely due to inconsistencies in the evidence and doubts about the victim's medical fitness to give a reliable statement at the time her formal dying declaration was recorded.
The court emphasized the legal principle that "Men may lie but circumstances don't," using forensic evidence (like the condition of the room, a burnt matchbox, and an oxygen mask on the
patient) to cast doubt on the prosecution's narrative. The judgment highlighted the importance of a fair investigation and the careful assessment of evidence, particularly dying declarations, in capital offence cases.
Both these judgements showcase the indispensable value of fair criminal investigation. Because defective or flawed investigations tends to derail the due course of the justice system for the victims. And weakens the beliefs of other members of the society. As depicted in the judgments, the courts were bound to either reduce the sentence of the accused or acquit him of his charges on the grounds of insufficient or circumstantial evidence. Apart from these cases, there are numerous other cases as well that have similar conclusions to these, highlighting the need for thorough investigation from the police and solidifying their role as the investigating agency.
And in order to do so, the police would also need to overcome their limitations. Which includes- Police officers conducting investigations of serious crimes must not succumb themselves to the political and administrative pressures. And this is only possible if they have the constant support of their superiors. Gradually, they must not let factors involving their personal benefit affect the investigation. It is also observed that sometimes legal constraints, limited resources, and jurisdictional limits slows them down and acts as for them. Such limitations should be handles by the government and the senior authorities to ensure that police officers are able to conduct fair investigations with profound efficiency. Ensuring that justice will be served on the wrongdoers with the help of evidence gathered from their criminal investigation.
In conclusion, the police forms the fundamental pillar of the criminal justice system, serving as the main agency for the enforcement of law and order. Their role in crime prevention and criminal investigation is essential for the effective working of the judicial institution. By ensuring that the offenders are identified and presented before the court. For the commencement of their legal procedures. Despite continuous operational and institutional challenges, the police upholds their duty of safeguarding citizens’ rights, sustaining social order and people’s faith in the justice system.
Disclaimer: This article is intended solely for educational and informational purposes. It does not constitute legal advice and should not be relied upon as such. While every effort has been made to ensure the accuracy, reliability, and completeness of the information provided, ClearLaw.online, the author, and the publisher disclaim any liability for errors, omissions, or inadvertent inaccuracies. Readers are strongly advised to consult a qualified legal professional for guidance on any specific legal issue or matter.
Incidents of crime have always disturbed the dynamics of society. And ever since, it has became a complicated task for the law-enforcing bodies to counter the occurrence of crime. The establishment of law enforcement bodies such as police was one of the primary forms counter countermeasures adopted to safeguard the citizens within the country against any forms of crime. And the primary duties of police not only included crime prevention but also involved criminal investigation. Criminal Investigation is one of the most deeply studied concepts in Criminal Law. And it is highly crucial, because constant development in investigative methods significantly increases the case-solving rate of police departments. And this not only reduces the number of new criminal incidents but also cultivates a strong sense of trust for the police amongst community members regarding their safety and the maintenance of law and order.
What was the history of police in India and what were their early roles?
Before we delve deeper into the topic, it is necessary to understand the history of law enforcement in India and what their initial roles and duties were. In India, modern policing started under the British East India Company through early police reforms brought by Warren Hastings in 1774, which were later institutionalized by the Police Act of 1861. This act was inspired by the Irish Constabulary and Napier reforms in Sindh. The act proposed the need for creating a demarcated disciplined force for civil order. Even though earlier it was authoritarian and oppressive yet it had distinct roles from the military. And main roles involved maintaining colonial authority, enforcing British laws, and suppressing Indian dissent through repressive means. Coming to the post-independence era, the Police service evolved into the professional Indian Police Service (IPS), which was an elite service for top officers, shifting its focus to accountability and citizen-service. Arguably, it can be said that in the pre-independence era, the police focused on control and protecting imperial interests rather than communal service. And all of this is very far from the actual criminal investigation that we come across today.
Post independence, India has evolved in all aspects such as technology, science and development. And so is the legal fraternity, even though the core duties of police are listed under section 23 of the Police Act 1861. The legislature introduced new acts and updated previous procedural laws such as CrPC (Criminal Procedure code 1973), IPC (Indian Penal Code, 1860) and Indian Evidence Act, 1872 to BNSS (Bharatiya Nagrik Suraksha Sanhita, 2023), BNS (Bharatiya Nyaya Sanhita, 2023) and BSA (Bharatiya Sakshya Adhiniyam, 2023) respectively. This also redefined and updated new procedural duties and limitations of police in accordance with the new age of technology, and new age crimes mainly involving technology. Such crimes are termed as ‘Cyber Crimes’. Unlike conventional crimes, cyber-crimes focus on data rather than direct harm to individuals. This shift made it essential for the judicial system to
adapt to its approach, interpret and investigate these crimes differently under the provisions of the new criminal laws.
What are the duties and power of police in a criminal investigation provided by the criminal justice system?
Criminal Investigation is a procedure of investigating the events of crime, cause of crime, motive behind the crime, and finding the evidences in order to prosecute the offenders behind the crime. Criminal Investigation is such a vital concept that it is often cited as the backbone of the criminal justice system. And it is the role of police to conduct criminal investigations with utmost precision so that fair and apt justice is been delivered to the victim of the crime. In the Indian Criminal Justice System, the investigation begins after a FIR (First Information Report) is filed under section 173 of BNSS (Bharatiya Nagrik Suraksha Sanhita, 2023). FIR is the report of the information relating to the commission of an offence given to the police officer orally and is reduced in writing by the officer. After the report is filed, it is the duty of the police officer to investigate any offence.
This power is provided to the police under section 175 of BNSS. Along with certain key powers like – a) Power to arrest (with or without warrant)- allowing the police to arrest any person on conclusive evidences or detain any person on valid grounds of suspicion, in order to investigate further. b) Power to Search and Seizure (with or without warrant)- The police in due course can conduct search and seizure with warrant for houses, premises or specific locations. And only under special circumstances like the- delay can cause destruction of evidence or the suspect is likely to escape. The police can conduct search and seizure without the warrant. c) Power to take preventive actions- The law allows the police to arrest without a warrant to prevent the commission of any cognizable offence or issue warnings and bind down persons who are in motive of breaching communal peace and instigating violence. And not just the powers to investigate but the police officers are also provided with certain procedures/duties which must be followed during the investigation. Such procedures include – recording of statements from the victims and the witnesses, especially in rape cases the investigating officer must record the statement of victim at her residence or at place of her choice. Similarly the medical examination of rape victim should be carried out by the officer. Subsequently in crimes like-Murder, or Robbery etc, the police must carefully investigate the crime scene (Power to investigate) to collect any evidence or lead with might lead them to suspects, And file of chargesheet (if evidences exists) or filing closure report if the evidence is insufficient etc.
It is important to note that the moment an investigating officer arrives at a crime scene, their top priority should be to preserve it, ensuring that physical evidence remains intact and untampered with. If preserving the scene isn’t possible, immediate contact with field experts is advised. Recognizing that the crime scene is the most valuable source of information, the officer should arrive as quickly as possible and examine every detail meticulously to ensure that no crucial evidence is overlooked.
Moreover the questions on how critical the role of police in conducting criminal investigations. Can also be answered through various landmark judgments on criminal investigations. Some of them are-
1) Dharam Deo Yadav v. State of Uttar Pradesh AIR 2014 SC(Cri) 1124- The whole case revolves around circumstantial evidence which played a vital role to solve this case. Supreme Court held that due to lack of any evidence with regard to the manner in which the crime was committed. The case did not fall under rarest of the rare case. Due to which the Supreme Court commuted the death sentence to life and 20 yrs of rigorous imprisonment.
BRIEF FACTS OF THE CASE- A 22 year old girl by name Diana Clare Routley from New Zealand came to India as a visitor in the year 1997. After visiting Agra, she reached Varanasi by August 07, 1997 and stayed in her guest house in Varanasi. She left the guest house on August 10, 1997 at about 7.00 a.m. for Darjeeling by train from Varanasi Cantt. Railway Station. Later, she was found missing and her father Allan Jack Routley, having got no information about his daughter informed the authorities and came to India. but she could not be traced. Later, it was revealed that one Dharam Deo Yadav, the accused herein. The accused then confessed that he had committed the murder of Diana along with his associates. The police then went with the accused to his house and pointed out the place where the dead body of Diana was buried after causing her death by way of strangulation.
Here the court emphasized on the statement that crime scene should be dealt without error. And laid down the duties of the Investigating officers on a crime scene. By saying that one of the major activities of the Investigating officer at the crime scene is to make thorough searches for potential evidence that have probative value in the crime. Investigating Officer may be guarded against potential contamination of physical evidence which can grow at the crime scene during collection, packing and forwarding. Proper precaution has to be taken to preserve evidence and also against any attempt to tamper with the material or cause any contamination or damage. The Court also adds that Investigating agency has, therefore, to look for other ways and means to improve the quality investigation, which can only be through the collection of scientific evidence.
2) Anand Sharma vs. NCT of Delhi (Crl. A. 937/2012)- Anand Sharma vs. NCT of Delhi is a 2014 Delhi High Court judgment regarding a dowry death case and the admissibility of the victim's dying declarations.
The case involved the death of Shruti Sharma, who suffered extensive burn injuries at her matrimonial home in August 2006, who later succumed to those injuries.
In its judgment dated October 29, 2014, the Delhi High Court acquitted Anand Sharma and his in-laws, largely due to inconsistencies in the evidence and doubts about the victim's medical fitness to give a reliable statement at the time her formal dying declaration was recorded.
The court emphasized the legal principle that "Men may lie but circumstances don't," using forensic evidence (like the condition of the room, a burnt matchbox, and an oxygen mask on the
patient) to cast doubt on the prosecution's narrative. The judgment highlighted the importance of a fair investigation and the careful assessment of evidence, particularly dying declarations, in capital offence cases.
Both these judgements showcase the indispensable value of fair criminal investigation. Because defective or flawed investigations tends to derail the due course of the justice system for the victims. And weakens the beliefs of other members of the society. As depicted in the judgments, the courts were bound to either reduce the sentence of the accused or acquit him of his charges on the grounds of insufficient or circumstantial evidence. Apart from these cases, there are numerous other cases as well that have similar conclusions to these, highlighting the need for thorough investigation from the police and solidifying their role as the investigating agency.
And in order to do so, the police would also need to overcome their limitations. Which includes- Police officers conducting investigations of serious crimes must not succumb themselves to the political and administrative pressures. And this is only possible if they have the constant support of their superiors. Gradually, they must not let factors involving their personal benefit affect the investigation. It is also observed that sometimes legal constraints, limited resources, and jurisdictional limits slows them down and acts as for them. Such limitations should be handles by the government and the senior authorities to ensure that police officers are able to conduct fair investigations with profound efficiency. Ensuring that justice will be served on the wrongdoers with the help of evidence gathered from their criminal investigation.
In conclusion, the police forms the fundamental pillar of the criminal justice system, serving as the main agency for the enforcement of law and order. Their role in crime prevention and criminal investigation is essential for the effective working of the judicial institution. By ensuring that the offenders are identified and presented before the court. For the commencement of their legal procedures. Despite continuous operational and institutional challenges, the police upholds their duty of safeguarding citizens’ rights, sustaining social order and people’s faith in the justice system.
Disclaimer: This article is intended solely for educational and informational purposes. It does not constitute legal advice and should not be relied upon as such. While every effort has been made to ensure the accuracy, reliability, and completeness of the information provided, ClearLaw.online, the author, and the publisher disclaim any liability for errors, omissions, or inadvertent inaccuracies. Readers are strongly advised to consult a qualified legal professional for guidance on any specific legal issue or matter.