The police investigate a crime once it has been reported. Gathering evidence, interrogating relevant individuals, and serving justice are all part of the police work. In India, the police function within the framework of laws like the CrPC, and IPC.
In this blog, we shall cover the police’s part in criminal investigation in India using layman’s vocabulary. We will explain how Suresh Law Firm cooperates with law enforcement agencies to ensure fundamental human rights and protect the legal interest of persons throughout a legal proceeding.
1. Filing an FIR
An initial police investigation stems from a complaint. For cognizable offences (murder, theft, rape), police are bound to register an FIR and investigate the case according to CrPC Section 154.
Suresh Law Firm advises clients to provide accurate and precise information while filing an FIR as it is the foundation of the investigation.
2. Managing The Crime Scenes
The police go to the crime scene immediately after the FIR is lodged. They need to carry out the following tasks:
1. To prohibit access to the area 2. To gather traces such as arms, blood, fingerprints etc. 3. To photograph and film the area 4. To interview the victims.
Every lawyer knows that every client deserves an ironclad case, and this begins by properly managing a crime scene. At Suresh Law Firm, we strive to make sure that evidence is properly preserved, and the rights of our clients are respected in every possible way.
3. Taking Statements
Witnesses and victims provide a statement that is captured on tape under Section 161 of the CrPC. These statements provide valuable details on what occurred and the possible perpetrator(s).
It is prudent for Suresh Law Firm clients not to offer a statement without prior consultation to evade unnecessary self-incrimination or ambiguity.
4. Arrest And Detention
When there is reasonable suspicion that the person is involved in a crime, the police are at liberty to detain such a person. Due legal processes must be respected.
A clear explanation has to be given to the person in custody concerning the reasons of his arrest. Rights like the right to refrain from making utterances and the right to legal representation have to be clarified beforehand.
The arrest of a client triggers immediate assistance from Suresh Law Firm who ensures that due procedures are observed at all times.
5. Search and Seizure
The police can search houses, cars, or offices if they suspect it may aid in an ongoing investigation. A warrant is needed, unless in exceptional circumstances.
Suresh Law Firm works with clients to explain their rights during searches and contests unlawful searches in front of a judge, if need be.
6. Evidence Collection
Police gather several types of evidence:
– Physical evidence, such as weapons
– Forensic evidence like DNA and fingerprints
– Digital evidence such as CCTV footage, emails, and chat messages
Lawyers from Suresh Law Firm supervise the collection of evidence to ensure it is done lawfully and fairly used during trial.
7. Charge Sheet Filing
After completing the investigation, the police submit a charge sheet to the court. This document includes:
– Crime particulars
– Details of the accused
– Evidence gathered
– Proposed charges
A competent criminal attorney checks the charge sheet, such as the lawyers at Suresh Law Firm, to devise a solid defense or challenge vague allegations.
8. Assisting in Prosecution
Public prosecutors work alongside the police to prosecute the case in court, doing things such as:
– Witnessing
– Explaining how the investigation was conducted
– Evidence presentation
Suresh Law Firm provides a fair trial for their clients by scrutinizing police actions during the investigation and the trial.9. Accountability and Ensuring Justice
The involvement of police officers is important, but they should operate within the limits of the law and ethics. Abusing power, unlawful arrest, and torture are forms of fundamental rights breaches.
Suresh Law Firm actively pursues claims of police misconduct to seek justice and accountability on behalf of their clients.
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Frequently Asked Questions (FAQs)
Q1. Can the police deny registering an FIR?
Ans: No. In the case of cognizable offences, the police must register an FIR. In case of refusal, you can approach the Superintendent of Police or file a petition in court. We at Suresh Law Firm assist clients in such situations.
Q2. What should I do if wrongly accused of a crime?
Ans: Remain calm and get in touch with a criminal lawyer as soon as possible. At Suresh Law Firm, we offer quality defense against false allegations.
Q3. Are police officers allowed to search homes without a warrant?
Ans: In nearly every scenario, a warrant is required. However, if there is a reasonable suspicion of immediate danger or evidence loss, police may proceed without a warrant. For legality, consult Suresh Law Firm.
Q4. What is the maximum duration a police officer can detain an individual?
Ans: Yes. In the absence of a magistrate, police retain the right to detain an individual for 24 hours maximum. Anything beyond that requires court authorization.
Q5. Can you go without an attorney’s aid during an inquiry?
Ans: Definitely. With an attorney’s aid such as Suresh Law Firm, your rights are guaranteed to be upheld and the investigation conducted fairly.