Non-examination of Investigating Officer : How much Fatal for Prosecution

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 “Non- examination of Investigating Officer creates a material lacuna in the effort of the prosecution to nail the appellants, thereby creating reasonable doubt in the prosecution case…” It was held by the Supreme Court in a recent judgment, Munna Lal vs. the State of Uttar Pradesh, delivered on January 24, 2023. The practice of non-examining investigating officers has sparked debates and controversies within the legal community. In a criminal trial, the non-examination of the Investigating Officer is a serious lapse on the part of the prosecution agency; therefore, it is essential to understand the consequences of the non-examination of the Investigating Officer. In this article, a brief discussion is made on investigation in a criminal case, the role and duty of the investigating officer, and certain cases that reflect upon the consequences of the non-examination of the Investigating Officer.

Non-examination of Investigating Officer
Non-examination of Investigating Officer

Investigation

An investigation is a systematic and organized process of gathering information, evidence, and facts to uncover the truth or establish the circumstances surrounding a specific event or situation. It involves the diligent examination, analysis, and evaluation of available resources and sources to discover relevant details and establish a comprehensive understanding of the matter at hand. Investigations can be conducted by law enforcement agencies, private investigators, or other professionals with the aim of solving crimes, resolving disputes, uncovering misconduct, or obtaining information for decision-making purposes. The process typically involves various techniques such as interviews, research, surveillance, and forensic analysis to uncover the truth and provide a basis for further action or resolution. Investigations are conducted only by those police officers or any other professionals who have been assigned the case. In order to conduct the investigation, the Magistrate has the power to authorize any other person to investigate the case on his behalf. The investigating officer has to maintain a ‘Case Diary’ which includes detailed information about what was observed throughout the investigation as well as it includes the starting and closing time of the investigation. After the registration of FIR, the line of investigation is decided in relation to the case that is whether there is eyewitness or any circumstantial evidence.

  • Eyewitness: One who has seen the occurrence of an incident.
  • Circumstantial evidence: Something that connects various circumstances to the crime such as previous animosity, threats, and last seen theory.

At different stages of investigation, three types of reports are to be prepared that are listed as follows:

  • A preliminary report is to be submitted to the Magistrate from the officer-in-charge of a police station, as mentioned in Section 157 of CrPC.
  • An investigation report is to be submitted from the subordinate officer to the officer-in-charge of the police station, as mentioned in Section 168 of CrPC.
  • A final report is to be submitted to the Magistrate after the completion of the investigation, under Section 173 of CrPC.

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