When an offence is committed, the person informs the police or Magistrate and then the process is initiated. In a cognizable case, Police take the initiative and in non cognizable cases, police take the person to the magistrate and after getting an order from the Magistrate, he starts Investigation as his delegates. When police suspects or have reason to suspect, then he himself initiates investigation. In this article, we’ll get to know about the power of the Police to investigate.
Police officer’s power to require attendance of witnesses
Section 160 of Code of Criminal Procedure states that a Police Officer making an investigation has the power to require the attendance of witnesses before him or any person within the limits of his own station or adjoining station. But he needs to order in writing.
After the Criminal Law Amendment Act, 2013, no male person under the age of 15 years or above the age of 65 years or woman or a mentally or physically disabled person shall be required to attend any place other than his own residence. This provision was added for their convenience. Rest of the male persons are required to attend the Police Station if required.
Apart from this, Police Officers may provide reasonable expenses to every person attending the Police Station.
Power of Police to examine the witnesses
Section 161 of Code of Criminal Procedure states that a Police Officer making an investigation or any Police Officer not below that rank may examine any person orally or that person may be supposed to be acquainted with the facts and circumstances of the case.
After the criminal Law Amendment Act, 2013, the statement of woman will be recorded by woman Police Officers or any women officer if such offence has committed or attempted – assault or criminal force to woman with intent to outrage her modesty under section 354 of Indian Penal Code, offences under section 354 A, 354 B, 354 C, 354 D, 354 E, 376, 376 A, 376 B, 376 C, 376 D, 376 E, 509, 509 A & 509 B of Indian Penal Code.
