Investigation - Definition - Law Dictionary Home Dictionary Definition investigation

Definition :

Investigation, s. 4(1) of the Code of Criminal Proce-dure, 1898 defines 'investigation' as to include all the proceedings under that Code for the collection of evidence conducted by the police officer or other persons other than a Magistrate in this behalf. Under the Code 'investigation consists generally of the following steps: (i) proceeding to the spot; (ii) ascertainment of the facts and circumstances of the case; (iii) discovery and arrest of the suspected offender; (iv) collection of evidence relating to the commission of the offence which may consist of (a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit, (b) the search of places of seizure of things considered necessary for the investigation and to be produced at the trial; and (v) formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge-sheet under s. 173', State of Madhya Pradesh v. Mubarak Ali, AIR 1959 SC 707: (1959) Supp 2 SCR 201. [Cr PC, 1898, s. 4(1)]

Investigation into any of the allegations mentioned in Clause 8 referred to in Clause 8-B means, in the context, the processor collection of evidence or the gathering of material. The investigation commen-ces as soon as the authority decides to take the first step whether by way of seeking evidence or by way of seeking an explanation from the person concerned. It is not necessary that it should commence with the communication of an accusation to the person whose affairs are to be investigated, Liberty Oil Mills v. Union of India, AIR 1984 SC 1271: (1984) 3 SCC 465. [Import Control Order, 1955, Cl. 8 and 8B]

The word 'investigation' cannot be limited only to police investigation but on the other hand, the said word is with wider connotation and flexible so as to include the investigation carried on by any agency whether he be a police officer or empowered or authorised officer or a person not being a police officer under the direction of a Magistrate to make an investigation vested with the power of investigation. Directorate of Enforcement v. Deepak Mahajan, AIR 1994 SC 1775: (1994) 3 SCC 440.

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 authorised by a Magistrate in this behalf. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (h)]

S. 2(h), Cr. P.C. defines 'investigation' and it in-cludes all the proceedings under the Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. It ends with the formation of the opinion as to whether on the material collected, there is a case to place the accused before a Magistrate for trial and if so, taking the necessary steps for the same by filing of a charge-sheet under s. 173, Union of India v. Prakash Hinduja, AIR 2003 SC 2612 (2618): (2003) 6 SCC 195. [Cr P.C., 1973, s. 2(h)]

Investigation includes all the proceedings under this act conducted by the Director or by an authority authorised by the Central Government under this Act for the collection of evidence. [Pre-vention of Money-Laundering Act, 2003 (15 of 2003), s. 2(na)]

Under the Food Adulteration Act, an ordinary citizen is competent to collect samples and send them to the public analyst, and based on the report of the public analyst, the complaint can be filed before the appropriate authority. The collection of the samples and the analysis by the public analyst do not amount to investigation, State of Rajasthan v. Shambhoogiri, (2004) 8 SCC 169 (173). [Criminal Procedure Code, 1973, s. 2(h)]