Summery of Flow Chart: CrPC 154/155 à PS/SHO (Registration of FIR) à (1) CrPC 156 Investigation Power of Police à (2) Section 157 CrPC: Investigation (One copy sent to Court) and incident spot/site visità (3) Section 158 CrPC: how to send case to court is mentioned here. à (4) Section CrPC 159 CrPC: Court will see the matter/May monitor/Order for investigation à (5) Section 160 CrPC: Call (Written call) witness for statement/witnessing (Witness not less than 15 years and not greater than 65 years and also women are not called for witnessing). Any person who has knowledge of such offence be called. Example: Any third party, Accused (Respondent), Applicant (Complainant), any one etc. If on call no one moves then IPC 174 can play it’s role. In case of witness below 15, above 65 and Woman, Police will visit their residence and record their statement there. à (6) Section 161 CrPC: Record of Witness. Examination of Witness. Example: When the incident occurred where were you, what you were doing, what is relation with the applicant (Complainant) etc. Witness is bound to reply if no reply is received then IPC 179 can play it’s role. It Witness gives wrong reply then Section 202 and 203 of IPC will come into figure and play their role against the witness. Witness is not bound to reply when he feels he is going to be traped if reply. Witness recording should not be under threatening (Section 24 of IEA states that compel to record witness is not taken as evidence). It is not taken under any oath. Prosecution is not allowed to use the statement made by the witness until court permits. à (7) Section 162 CrPC: No signature of witness recorded under section 161 - Exception: Section 32A only be signed. It does not qualify under section 27 and 32 clause 1 of IEA 1872. à (8) Section 163 CrPC: Police can’t induce, threat the witness à (9) Section 164 CrPC: witness is recorded in court. Example: If IO call any witness U/S 160 for statement and he confess his crime but confession under before Police is not acceptable. In this case Police will take him to produce before the Magistrate under whom jurisdiction the Police Station fall where the case was registered. Only judicial magistrate or Metropolitan magistrate has power to record confession/ witness of anyone under this section. Executive Magistrate can’t record any witness under this section. But Judicial magistrate before recording his confesstion/ statement, oath shall not be taken by the witness. If oath is taken or compel to take then all recordings under this section shall be null and void. But if non-confessional statement is shown to be recorded then oath may be administered. (A): Medical examination and provision with the consent of the victim or her parents. à (10) Section 165 CrPC: Searching for evidence. à (11) Section 166 CrPC: Request to other PS if searching is to be done in jurisdiction of other police station area. CrPC 166 (A) : 166 (B): à If investigation is not completed within 24 hours then CrPC 167 play its role by requesting court for Police Remand not below the rank of Sub-Inspector means application should be made by Sub-Inspector and above ran Police personnel. Maximum Police Remand should be for 15 days only. Total remand Police remand + Judicial remand = 90 where RI is 10 years or more. In other cases, its limited to 60 days only. SDM has power to provide 7 days more remand. à (13) Section 168 CrPC: IO will submit Inquiry report to SHO. à(14) Section 169 CrPC: If inadequate evidence is recorded on scrutiny of the Case file then SHO will release the accused on bail bond and direct him to report to court. (15) Section CrPC 170: If it is found proper witnessing is there then the file shall be sent to court. (16) Section 171 CrPC: Police will not insist witness to come to court. If any witness don’t come to court then Police will arrest the victim and take him to court. à (17) Section 172 CrPC: Entry shall be made in case diary by Inquiry report. à(18) Section 173 CrPC: Challan/Charge Sheet is submitted in court 90 days time limit since the case is registered.
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