Investigation
“Investigation” (Section 2(h) CrPC) includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf; Investigation of crime means collection of evidences in respect of an incident of crime or allegation to establish the truth and fixing responsibilities of the offender. Investigation is nothing but the collection of evidence in search of TRUTH.
Criminal investigation or investigation of CRIME means the endeavor made by an IO to find out the truth of the information received or alleged, to trace out the culprit and fix up his responsibilities by a legal process of elimination so that he can be successfully be brought before the JUSTICE and put behind the BAR.
Difference between Investigation, Inquiry & Trial
The investigation, inquiry and trial are three stages of a criminal case.
Inquiry includes everything done by a Magistrate, irrespective of whether the case has been challenged or not.
A trial is a judicial proceeding that ends either with conviction or acquittal.
The chapter XXIV of CrPC talks about general provisions as to Inquiries and Trial, under sections 300-327.
The points of difference inter se are:
| Investigation | Inquiry | Trial |
| Investigation is conducted by Police or by any other person authorized by law but not by Magistrate. | Inquiry is conducted by Magistrate or by any other person authorized by law. | Trial is conducted by Magistrate or by Judge. |
| It relates to an offence | It relates to an offence before framing of charge or any other non-offence matter like security proceedings under Section 107 CrPC, dispute of possession under sections 133, 145, 147 CrPC or commitment to Sessions Courts under Section 209 CrPC | It relates to an offence |
| It is not on oath. | It is on oath | It is on oath |
| It results either in charge sheet or final report (section 173 CrPC). It is a non-judicial proceeding | It results either in framing of charge or discharge or final order under sections133, 145, 147 CrPC or commitment under Section 209 CrPC. It is a judicial proceeding. | It results either in conviction or acquittal or discharge. It is a judicial proceeding |
| It generally starts either on FIR or on order of Magistrate | It generally starts either on FIR or on order of Magistrate | It starts either on complaint or on Police report or on Magistrate’s report |
| It includes discovery, arrest, seizure, search and medical examination, etc | It includes recording of evidence only | It adjudicates upon the evidence so recorded. |
Investigation is conducted by both Police and other agencies duly authorized by law.
Investigation conducted by Police
The Police investigate cognizable offences under section 156 CrPC without an order from the Magistrate. It also investigates non-cognizable offences under order of the Magistrate under section 155 CrPC. Besides this, the magistrate may order the police to investigate any offence, under sections 156 (3) CrPC.
Investigation conducted by other agencies
Various Acts have conferred powers of investigation on Non-Police agencies under the Railway Property (Unlawful Possession) Act, Customs Act, Central Excise Act, etc. The Magistrate too has been empowered under Sections 202 CrPC to get a case investigated by a person other than the Police.
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