investigation

Investigation includes all proceedings under the criminal procedure code for the collection of evidence by a police officer or a person authorised by a Magistrate. In H.N. Rishbud (1954) the Supreme Court described its stages: going to the spot, ascertaining the facts and circumstances, discovering and arresting the suspect, collecting evidence through examination of persons, searches and seizures, and forming an opinion whether there is a case to place before a Magistrate. It ends with the police report under s.193 BNSS (old s.173 CrPC), either a charge-sheet or a closure report.

Investigation is distinct from inquiry, which is conducted by a Magistrate or court other than a trial, and from trial, which ends in conviction or acquittal. Courts do not ordinarily interfere with investigation, which is the police's domain, except through their supervisory powers.

Example

Since the investigation was still pending, the Magistrate could not take cognizance on the police report until the charge-sheet was filed under s.193 BNSS.

In Indian law

• Sections 173–193, Bharatiya Nagarik Suraksha Sanhita, 2023 (old ss.154–173 CrPC)
• H.N. Rishbud v. State of Delhi, 1954 INSC 125

See also

first information report · charge sheet · closure report · cognizance

Read more in the study notes

• Administrative discretion and its judicial review (Administrative Law)
• Corruption, maladministration and the ombudsman: Lokpal and Lokayukta (Administrative Law)
• Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• Conciliation under industrial, family and marriage laws (Alternative Dispute Resolution Systems)
• Control of the RBI over non-banking companies, financial and non-financial (Banking Law)