Criminal investigation and prosecution

Criminal investigation and prosecution

The science that deals with crimes and criminals is called “Criminology” and the investigation is an attempt to discover the truth and reality by way of applying this science by different methods. Some of such methods could be finding out the intention, Modus operandi, Fingerprints, Footprints, Handwriting, Semen, Blood Analysis, Microcopy, DNA, Forensic Science, recoveries, seizures, Arrests, Experts' views etc.

Safety from danger is a tendency of human beings, therefore, the police and judicial system has been evolved by society. With the emergence of the judicial system, the police represent the coercive side of the state authorities against criminals and antisocial elements. Broadly the functions of the police could be (i) prevention and investigation of crime; (ii) apprehension of offenders; (iii) prosecution of the criminals in court and (iv) maintenance of law and order. These are usually police functions for which the police are primarily responsible.

When a crime is committed, the police that ‘particular area’ comes into the picture for its investigation. Here the term particular area represents a police station where the FIR has been lodged. FIR is lodged u/s 154 CRPC. Every police station is given a particular area under its jurisdiction and the police of that particular police station are authorized to investigate the crime offenses committed in that particular area. The police starts an investigation after the registration of the FIR.

As soon as the FIR is lodged, one Investigation officer is appointed in the FIR and the police is required to send the FIR to the duty magistrate within 24 hours of the said area. It is also necessary to note down that the police are required to maintain a general diary in the police station and every activity of the police is required to be noted down in that general diary.

After this, the police are required to visit the place of occurrence and prepare a site map with a description of the place of occurrence. If there are injured persons, they are to be taken to hospital, their medical treatment is to be done, their injury reports are to be obtained, in case of casualty, the body is to be sent for postmortem and all the documents, cloths, blood samples are to be taken. Statement of all the eye-witnesses and other witnesses are to be recorded by the police and while choosing the witnesses, the police are required to take utmost care. Now with the emergence of technology, the police are required to take fingerprints, footprints, and DNA samples with the help of Forensic Science Laboratories. In the present age, the mobile phone is also a very necessary piece of evidence. The police shall obtain call details and CDRs from the service operators.

The arrest of the suspects is also necessary in particular cases which are to be made as per law. Test Identification Parade of the arrested accused persons is also another essential part of the criminal investigation. The police are also required to recover and seize the weapons used during the crime and also find out in the investigation the motive and intention of the accused persons for the commission of the offence.

After completing the investigation, the police shall compile all the relevant documents and prepare summary report of its investigation with all the necessary details and present it before the jurisdictional Court within a stipulated time.

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