Investigation is the process by which law enforcement authorities collect evidence, examine facts, and determine whether an offence has been committed. It is the foundational stage of the criminal justice system, aimed at discovering the truth.
Under Indian law, the term “investigation” has a specific legal meaning defined in the Code of Criminal Procedure (CrPC).
Legal Definition of Investigation
Section 2(h) of the Code of Criminal Procedure defines investigation as:
“Investigation includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person authorized by a Magistrate in this behalf.”
This means investigation is not limited to questioning suspects. It includes every procedural step taken to gather evidence before the trial begins.
Purpose of Investigation
The primary objectives of investigation are:
To determine whether a crime has been committed.
To identify the offender.
To collect admissible evidence.
To protect the rights of both victim and accused.
To assist the court in delivering justice.
Without a proper investigation, the trial process cannot function effectively.
Stages of Investigation
Investigation generally includes the following stages:
1. Registration of FIR
The process begins with the filing of a First Information Report (FIR) under Section 154 CrPC in cognizable offences.
2. Collection of Evidence
This may involve:
Recording witness statements,
Conducting searches and seizures,
Collecting documents,
Forensic examination,
Medical examination where necessary.
3. Examination of Accused
The police may question suspects and record statements in accordance with legal safeguards.
4. Arrest (If Necessary)
If sufficient grounds exist, the accused may be arrested following procedural safeguards.
5. Filing of Police Report (Charge Sheet)
After completing investigation, the police submit a final report under Section 173 CrPC, commonly known as a charge sheet.
Types of Investigation
Investigation may take different forms depending on circumstances:
Preliminary Investigation – Initial inquiry to verify complaint.
Regular Investigation – Full criminal investigation after FIR.
Further Investigation – Additional inquiry after charge sheet.
Re-investigation – Fresh investigation ordered by higher courts in exceptional cases.
Who Conducts Investigation?
Investigation is typically conducted by:
Police officers authorized under CrPC.
Special agencies such as the Central Bureau of Investigation (CBI).
State investigative agencies.
Any person authorized by a Magistrate in specific circumstances.
Judicial Interpretation
Indian courts have emphasized that investigation must be:
Fair,
Impartial,
Transparent,
In accordance with constitutional safeguards.
The Supreme Court has repeatedly held that a fair investigation is part of the right to life and personal liberty under Article 21 of the Constitution.
Difference Between Investigation and Trial
| Investigation | Trial |
|---|---|
| Conducted by police | Conducted by court |
| Focuses on collecting evidence | Focuses on evaluating evidence |
| Occurs before court proceedings | Occurs after charge sheet is filed |
| Executive function | Judicial function |
Investigation precedes the trial and forms its evidentiary foundation.
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Conclusion
Investigation is the systematic legal process of collecting evidence to determine whether an offence has been committed and by whom. Under the Code of Criminal Procedure, it encompasses all proceedings undertaken by police or authorized persons for gathering evidence before trial.
A proper investigation ensures that justice is not based on suspicion but on legally admissible proof.
Frequently Asked Questions (FAQ)
Meaning and Scope of Investigation in Criminal Law
1. What is meant by investigation in criminal law?
Investigation refers to the legal process of collecting evidence and examining facts to determine whether an offence has been committed. It is conducted primarily by police authorities before the trial begins.
2. Where is investigation defined under Indian law?
Investigation is defined under Section 2(h) of the Code of Criminal Procedure (CrPC), which states that it includes all proceedings for the collection of evidence conducted by a police officer or any authorized person.
3. Who conducts an investigation?
Investigation is usually conducted by police officers. In certain cases, specialized agencies such as the Central Bureau of Investigation may conduct the investigation.
4. What are the main stages of investigation?
The stages generally include registration of FIR, collection of evidence, examination of witnesses, arrest (if required), and submission of a police report or charge sheet.
5. What is the purpose of investigation?
The main purpose is to discover the truth, identify the offender, collect admissible evidence, and assist the court in delivering justice.
6. Is investigation the same as trial?
No. Investigation is conducted by police to collect evidence, whereas trial is conducted by the court to evaluate that evidence and determine guilt or innocence.
7. Can investigation continue after filing a charge sheet?
Yes. Further investigation may be conducted under Section 173(8) CrPC if new evidence emerges.
8. Is fair investigation a legal right?
Yes. The Supreme Court has recognized fair investigation as part of the right to life and personal liberty under Article 21 of the Constitution of India.
