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Table of Contents
What is an investigation process?
The investigative process is a progression of activities or steps moving from evidence gathering tasks, to information analysis, to theory development and validation, to forming reasonable ground to believe, and finally to the arrest and charge of a suspect.
How do you investigate a case?
- Proceeding to the spot.
- Ascertainment of facts and circumstances of the case.
- Discovery and arrest of the suspect.
- Collection of evidence which may include: …
- Formation of opinion as to whether there is a case for trial, and taking necessary steps accordingly. [
How do detective agencies work in India?
In India, the Private Investigation agencies are Legal but there is no law to regulate the conduct of such agencies. The government hardly has any control over these agencies. They are free to operate in India without any restrictions because of the absence any law to regulate them.
What are 3 methods of investigation?
- Descriptive Investigations.
- Comparative Investigations.
- Experimental Investigations.
Procedure of Investigation under CrPC
What does this definition mean? If you look up the definition in an online dictionary, you will see something similar to the following:
Note that the definition has two parts. The first part, “systematic knowledge of the physical or material world,” is a noun. These are the facts you learn in science class, like the formula for photosynthesis or the different types of chemical reactions.
However, science is more than facts. The second part of the definition, “obtained through observation and experiment,” indicates that science is also a verb. Science is a process. It’s a way of observing, thinking and learning about the world. The goal of science is to provide explanations for processes in nature. Scientists use these explanations to understand patterns in nature and make predictions about future events.
Check out the following three investigations. How are they similar? How are they different?
Investigation 1 Investigation 2 Investigation 3
A student used a microscope to observe an amoeba to see how the organism moved. A student used a handheld lens to examine the color and texture of four different stones. One student planted ryegrass seeds in potting soil in three plastic cups, placed them on a window sill, and watered one every day, one every three days, and one not at all.
Scientists use three types of inquiry to research and develop explanations for events in nature: descriptive inquiry, comparative inquiry, and experimental inquiry.
What questions do Investigators ask?
- What did you witness? …
- What was the date, time, and duration of the incident or behavior you witnessed?
- Where did it happen?
- Who was involved?
- What did each person do and say?
- Did anyone else see it happen?
Procedure of Investigation under CrPC
Everyone has personal prejudices. It is your job to recognize your own prejudices and to take them into account. This takes a lot of confidence and self-control, but an excellent investigator has both qualities.
Keep these do’s and don’ts in mind when asking questions about your HR research.
Thank the employee. Respondents made time each day to help with the research, and in some cases they may have been nervous about participating. Before you question them, thank them for coming and offer them comfort gifts like a glass of water or some coffee.
Don’t ask overloaded questions. According to SHRM, “A loaded question is one that assumes a fact that has not yet been established.”
For example, let’s say Shayna accuses Brad of calling her a racial slur. In Brad’s interview, don’t ask, “What insult did you call Shayna?” This assumes he actually said the slur. Instead, say, “Share what you discussed with Shayna during your one-on-one.”
Be objective about your body language. Nodding or frowning in response to an interviewee’s response may make them think you’re “on their side” or make judgments about them. Keep your facial expression neutral and sit up straight and still while the employee answers.
Do not direct the interlocutors. Ask questions in a way that doesn’t take sides. For example, instead of asking a witness, “You heard Kyle yelling at Mary, right?” try saying, “Tell me what happened at your team meeting on March 12.”
Keep the questions simple. Long questions full of technical jargon will only confuse your interlocutors. Ask short questions aimed at capturing one detail at a time, rather than multi-part questions. Based on the employee’s response, you can then proceed to follow-up questions to gather more information.
Don’t ask questions that allow for judgment. Avoid asking respondents if they observed/experienced/engaged in inappropriate or unusual behavior. This gives them the opportunity to decide whether the behavior falls into these categories. Instead, ask about the behavior objectively.
Instead of asking, “Did Mike make an inappropriate comment to Isha?” try, “What did you hear Mike say to Isha?” Was it sexual in nature?”
Build rapport. Employees are more likely to answer your questions about HR investigations truthfully when they trust you. To build that trust, be friendly, start the conversation with some neutral small talk, and use language you’re comfortable with (i.e. no jargon or buzzwords).
Who can investigate?
Authority to Investigate
According to the Code of Criminal Procedure, 1973, Section 156 confers upon the police officer the power to investigate a cognizable offence. This section empowers the police officer to begin the investigation of the case with or without the orders of the magistrate.
Procedure of Investigation under CrPC
introduction
Whenever a crime occurs in society, the first step in solving the crime begins with filing the FIR. In India, crimes are investigated according to the procedure set out in the 1973 Code of Criminal Procedure. Section 2(h) of this Code defines the term “investigation” as any procedure undertaken by a police officer to gather evidence related to a crime. At the beginning of each investigation, the crimes are identified as detectable and unrecognizable crimes, and then investigations proceed according to the type of crime. Sections 156-173 cover all the phases and methods of how the investigation should take place. The police power to investigate a crime is mentioned in Section 156 of the CrPC. In general, the investigation mainly consists of the following steps:
Filing an FIR. Crime scene investigations. Collecting evidence and questioning the relevant people. Find the suspect. filing of the indictment. If found innocent, then acquitted. If found guilty, punishment will follow.
This is the basic procedure of an investigation as stipulated by the CrPC. In addition, if the crime committed is an unknowable crime, the investigative process includes various stages. For a better understanding of the investigation process, we first need to understand the different types of crimes, after that we will dive into the investigation phases mentioned above in detail.
Detectable and Undetectable Crimes
The crimes in India are mainly classified into two parts – recognizable and unrecognizable crimes. This distinction depends on the seriousness of the offence. Detectable offenses are those offenses where the police can arrest a suspect even without a warrant. These are the serious crimes where the sentence is more than 3 years with or without a fine. Crimes such as dowry, murder, rape, etc. fall into this category. It is defined in Section 2(c) of the Code of Criminal Procedure. These are the injustices that society, i. H. to the public at large. On the other hand, unknowable offenses are of a less serious nature, for which the penalty is less than 3 years with or without a fine. Such offenses require a warrant for arrest. Crimes such as defamation, assault, and assault fall into this category. It is defined in Section 2(i) of the Code of Criminal Procedure. If a case involves both recognizable and unrecognizable crimes, the case will be treated as a recognizable crime case.
investigative authority
Under the 1973 Code of Criminal Procedure, Section 156 gives the police officer the power to investigate a recognizable criminal offense. This section authorizes the police officer to initiate the investigation of the case with or without a judge’s order. They are empowered to investigate cases that fall within the jurisdiction of their police department. In the case of recognizable crimes, the responsible officer at the police station must submit the FIR in writing and have the petitioner sign it, only then can the investigations begin. A judge may also order the investigation of recognizable criminal offenses within the powers conferred on him by Section 190 of the CrPC.
information of the crime
This is the first and most important step of the investigation. After a crime, it is the victim’s responsibility to report it to the nearest police station, either in writing or verbally. If the information is given verbally by the victim, the police must reduce it to writing and have the victim sign it. After that, the police will file the First Information Report (FIR) according to the information provided by the victim. A copy of the FIR will also be given to the victim free of charge.
Step-by-step procedure of investigation
Section 157 of the CrPC provides us with the preliminary method of investigation. According to this, after receiving information about the crime, the head of the police station is authorized to investigate the case and report it to the magistrate, who then takes note of the case. The police must go to the crime scene to collect evidence and arrest the suspect if necessary. You can also refuse to investigate on the grounds that the case involves some unrecognizable crimes that cannot be investigated without an order from the magistrate. If the investigating officer does not find sufficient grounds for investigation, he is not obliged to investigate and can inform the magistrate of the reasons for this.
1. Transmission of reports to the magistrate
Various reports are submitted to the magistrate during the investigation. This will keep him informed of the status of the investigation. Section 157 of the CrPC mentions that a “police report” must be sent to the judge to inform him of the grounds on which the suspicion that an offense has been committed is established. This tells the magistrate that the case in question is being investigated by the police. The magistrate cannot stop the investigation that has been initiated, so sending the police report is only a formality. In addition to this report, a “final report” is also sent to him at the end of the investigations under Article 173.
2. The investigative order of the magistrate
Section 159 of the CrPC authorizes the Magistrate to conduct investigations or conduct a preliminary investigation into a case upon receipt of the report submitted under Section 157. He has the power to order the police to start the investigation.
3. Identification and presence of witnesses
After investigating the crime and locating all the necessary evidence, suspects and witnesses, the police officer has the authority to call in for questioning any person who appears to be familiar with the facts and circumstances of the case. Any person who knows the crime firsthand can be a witness and is obliged to state correct and true facts in relation to the matter, as what they say is of great importance in the case. The power to identify and address the witnesses is enshrined in Section 160 of the CrPC.
4. Questioning of witnesses by the police
Section 161 of the CrPC authorizes the police to question witnesses. The witnesses play a crucial role in the investigative process. You have to answer every question asked by the police during the interrogation. However, you are under no obligation to answer any such questions, answering which could subject him to a criminal charge, penalty or forfeiture. In such cases, the person may refuse to answer the question. For ethical reasons, the person should state the true and correct facts related to the case. Statements made during the audit may be recorded in writing by the police officer, but this is not a mandatory requirement and therefore the decision rests with the investing officer.
5. Recording of statements or confessions by the magistrate
Section 164 authorizes the magistrate to record a person’s statements or confessions throughout the investigative process or before the investigation or trial begins. For the purposes of this section, it is immaterial whether or not such magistrate has jurisdiction over the case. The magistrate must inform the person that they are not obliged to make the confession and can be used against them in court. If someone does not want to confess, the judge cannot force them to do so. The confession must be purely voluntary.
6. Evidence
The confession recorded under Section 164 may be used as evidence against the person who made the confession. It is for the court to measure and then consider all factors related to the evidence. The confession should be presented in full to the court to decide whether it is useful or not.
7. Examination of property or other locations important to the investigation
The power to search any place or property is vested in the police under Section 165 of the CrPC. A police officer conducting the investigation, or an officer acting under his or her authority, may search any location or property of interest to the case. To search a place, the police need a search warrant issued by the magistrate. If the place or property to be searched is outside the sovereign territory of India, the magistrate may write a letter requesting permission to search that place from the authority of that territory.
The police officers must justify the search in writing and state the material sought. After completing the search, they should send the report about it to the magistrate so that they can inform the owner of the property.
8. Cases where the investigation cannot be completed within 24 hours
If an investigation cannot be completed within 24 hours, Section 167 gives the magistrate certain powers over the proceeding. The purpose of this provision is to protect the accused from police brutality and to empower the magistrate to make decisions about the continuation of detention and assist in the investigation and to ensure that there is no trial-less detention. It has been established that the accused or arrested person cannot be held in detention for more than 24 hours without being brought before the magistrate. Section 167 will be invoked in the following situations:
When a suspect is arrested without a warrant and taken into custody by a police officer. The investigation lasts more than 24 hours. The accused shall be brought before the magistrate by a police department chief or investigating officer not below the level of sub-inspector.
The magistrate to whom the accused is transferred may order that he may be detained for a maximum period of 15 days. If the magistrate does not have jurisdiction to hear the matter and deems continued detention unjustified, the accused will be referred to the appropriate magistrate.
If the magistrate has reason to believe that detention of the accused is necessary, he may do so. In any case, however, the magistrate cannot order detention for more than:
For serious crimes punishable by more than 10 years imprisonment or life imprisonment or the death penalty, a person can be held in pre-trial detention for 90 days in such cases. In the case of less serious offenses with a prison sentence of less than 10 years, imprisonment should not exceed 60 days.
After the person has served the required time in custody, they can be released on bail if their bail is posted.
These are all steps from the beginning to the end of the investigation, but there are still some final stages of the investigation that are performed at the end of the investigation.
If insufficient evidence is found against the arrested person, the police may release him if he provides security, on condition that he must appear before the magistrate if necessary.
Referring the case to the judge after gathering all the required facts and evidence related to the case.
At the end of the investigation, the police must submit to the court a ‘challan’ or ‘charge sheet’ containing all the necessary information regarding the investigation. After that, the suspects of the crime are charged, and then the trial begins. This provision is mentioned in Section 173 of the CrPC, which mandates police officers to present in court an indictment containing all these essential investigative documents.
Conclusion
From this it can be concluded that the investigation is a lengthy and lengthy process to ensure that the investigation is conducted properly and all the important facts and circumstances are taken into account. In summary, the investigation begins with the FIR < Determination of crime scene < Identification of witnesses and suspects < Arrest of suspect, if necessary < Presence of witnesses < Recording of statements and confessions < Search of premises or locations < Keeping case diary < Submission of indictment in court. After all this, the process takes place. The police are obliged to keep a case diary throughout the investigation process so that the magistrate can see the time and place of the individual investigation phases.
How much does a private detective charge in India?
On average, you can find private detectives for Rs 5000-Rs 15,000 per day.
Procedure of Investigation under CrPC
How much does it cost to hire private detectives?
If you speak to some private detective agencies you will find that they charge between Rs 5000 and Rs 15,000 per day. They charge for their services on an hourly, daily, and weekly basis.
charge separation
In fact, visiting the First Indian Detective Agency (FIDA) offices in Delhi and Bengaluru is the best thing you can do. Many of your questions including what you want to know about Delhi detective agency fees will be explained to you in detail. The top post-marital investigation in Delhi might be difficult. Probing the husband differs markedly from 24/7 monitoring of the wife. Fees also depend on the number of detectives assigned to the job. And perhaps it requires an investigation in several towns and cities at the same time – even in a village or two! In addition to the actual examination costs, the fees also include travel, subsistence and accommodation costs. FIDA offers the following services:
Data theft and cyber security and investigations
Legal, economic and corporate investigations
Evidence collected in marital and family disputes
Personal and Marital Investigations
Different costs for different heads
But definitely what the detective agency in Delhi calculates by charges for the different “heads” in thousands of rupees will differ from head to head. The cost of the best post marriage checkup in Delhi can’t be a dizzying sum, definitely not. Most likely, it will be about investigating “adultery” and “cheating”, “secret meetings” in different places at unusual times. A top detective agency in Delhi’s fees for these detective services can vary from day to day depending on hours, distance and other factors. The detective or detectives entrusted with the work could even be in mortal danger and the agency may charge an underwriting fee!
changing lifestyles
Finding out what the top detective agency in Delhi charges will most likely start with visiting the websites of a number of detective agencies in Delhi NCR. In recent years there has been a veritable boom in detective agencies in and around Delhi. And it’s become very predictable with people. The hiring of detectives for post-marital investigations in Delhi has spread like a fire. The fast pace of life in Delhi coupled with increasing promiscuity is also having an impact on marriages. It’s almost like double husbands and cheating wives have become the norm in Delhi.
Summarize
The average Joe may not be able to afford the services of detective agencies and what the top Delhi detective agency charges is beyond the reach of the Aam Aadmi, even if he desperately wants a post-marital investigation in Delhi. But that doesn’t mean that detective agencies in Delhi are lacking in detective work. In fact, business is booming.
Upon closer inspection, you will find that private investigators charge for their services on an hourly, daily, and weekly basis. On average you can find private investigators for Rs 5000-Rs 15,000 a day.
Where can I find a private investigator in India?
Private Investigator in India
ICS provides a full range of investigations services for the City of India and all surrounding metropolitan areas. Submit a free online private investigation consultation form, or call our toll free number to speak to a private investigator at (800) 828-9198.
Procedure of Investigation under CrPC
ICS offers a comprehensive range of investigation services for the city of India and all surrounding metropolitan areas. Submit a Free Online Private Investigator Consultation Form or call our toll-free number to speak with a private investigator at (800) 828-9198.
You can rest assured that any Indian Private Investigator assigned to your case at ICS is fully licensed and insured under Indian Laws and has undergone all required continuing education.
Local Indian private detective
The Republic of India is the second most populous country in the world with over 1.2 billion people and its landmass is the seventh largest by area. Although there are some particularly impoverished areas, India’s economy ranks among the most prosperous in the world in terms of both nominal gross domestic product (“GDP”) and purchasing power parity (“PPP”). It is an emerging country and still has major growing pains in terms of poverty, corruption, illiteracy and malnutrition. These factors all lead to crime, be it violent, property or white-collar crime. In 2011, more than 256,000 violent crimes were reported, 229,000 crimes against women, 107,000 economic crimes and 433,000 property crimes. Other reported crimes bring the total for the year to approximately 6.2 million crimes. With so many people and so much corruption and crime, there is an obvious need for additional investigative resources. Due to the political and economic landscape in India, it is very important that you choose a reputable agency when hiring an investigator. At ICS you can be assured that all of our investigators are fully licensed and certified where required and are very familiar with their local territories.
Restrictions on Private Investigators in India
To conduct private investigations in India, all private investigators must comply with local and state laws.
Impersonating a Law Enforcement Officer – Private investigators in India are not permitted to wear a badge, wear a uniform or say anything that might indicate that the private investigator is a police officer or federal agent.
– Private investigators in India are not allowed to wear a badge, wear a uniform or say anything that might indicate that the private investigator is a police officer or federal agent. Make an Arrest – Private investigators in India cannot legally make an arrest. If there is evidence pointing to an arrest, the investigator should contact law enforcement.
– Private detectives in India cannot legally make arrests. If there is evidence pointing to an arrest, the investigator should contact law enforcement. Wiretapping – Wiretapping is illegal without a proper search warrant. Private detectives can’t bug phones.
Wiretapping is illegal without a proper search warrant. Private detectives can’t bug phones. Trespassing – Private detectives cannot break into and enter private property.
India background investigation
Background research can be very informative and provide a lot of information on a topic. Internationally, background investigations are not as easy as others in the US due to the records and availability of digitized documentation. If you are currently in India or require a background investigation in India, contact ICS. International Counterintelligence Services has been helping people with background investigations since 1967. Learn more about how we can help with your specific investigation by speaking to a private investigator for a free consultation. We will determine the best course of action to find the information you are trying to find.
Investigating Cheating Spouse in India
Do you suspect your spouse of cheating in India? Are you in India and need help with a Cheating Spouse Investigation? Finding out that your spouse may be cheating on you can be devastating. If you have reason to believe your spouse is cheating on you in India but do not have the means to find evidence, contact ICS investigators. You deserve to know the truth, and with the help of ICS, you can. International Counterintelligence Services has been helping people like you get the reassurance you deserve with a cheating spouse investigation. Learn more about cheating spouse investigations with a free consultation and discuss your potential case in confidence with one of our licensed private investigators.
Find the lost person in India
India is one of the most densely populated places on earth. Finding a missing person in India can be a daunting task, especially if you are unfamiliar with the area. If you’re trying to locate someone in India but don’t know where to start, call ICS and speak to a licensed private investigator. Our investigators are trained and experienced when it comes to locating missing persons and we have the ability and resources to locate your missing person in India or wherever they may be. To learn more about how we can help you with your location investigation, give us a call and speak to a licensed private investigator today. Since 1967, International Counterintelligence Services has been helping people like you locate lost people in India and around the world.
What is the main purpose of investigation?
The purpose of an investigation is to establish relevant facts to prove or disprove allegations of fraud and corruption. It is a legally established fact-finding process conducted in an impartial and objective manner, with the aim to establish the relevant facts and make recommendations in this connection.
Procedure of Investigation under CrPC
What is investigation and example?
The definition of an investigation is careful research or examination. An example of an investigation is the FBI researching a criminal case. noun.
Procedure of Investigation under CrPC
What are the four steps in the incident investigation process?
Investigate the incident, collect data. Analyze the data, identify the root causes. Report the findings and recommendations.
Procedure of Investigation under CrPC
physical proof
Before attempting to gather information, examine the site to get a quick overview, take steps to secure evidence, and identify any witnesses. In some jurisdictions, an accident scene may not be disturbed without permission from the appropriate government officials, such as a coroner, inspector, or police. Physical evidence is probably the most indisputable information available. It is also subject to rapid change or extinction; so it should be the first to be recorded. Based on your knowledge of the work process, you might want to check the following:
Positions of injured workers
equipment used
products are used
safety devices in use
Position of suitable guards
Location of machine controls
damage to the equipment
budget management of the area
weather conditions
lighting levels
noise level
time
You may want to take photos before anything is moved, both of the general area and of specific items. A later study of the images can reveal previously overlooked conditions or observations. Sketches of the scene from measurements can also aid in later analysis and clarify written reports. Damaged equipment, debris and samples of affected materials may be removed for further analysis by appropriate experts. Even if photographs are taken, written notes should be made of the location of these items at the crime scene.
testimonies
Even if this is sometimes not possible, you should make an effort to interview witnesses. In some situations, witnesses may be your primary source of information because you may be called upon to investigate an incident without being able to investigate the crime scene immediately after the incident. Because witnesses may be under a lot of emotional stress or afraid to be fully frank for fear of accusations, questioning witnesses is probably the most difficult task an investigator has to face.
Witnesses should be separated and questioned as soon as possible after the incident. When witnesses have the opportunity to discuss the event among themselves, individual perceptions can be lost in the normal process of accepting a consensus view when the facts are in doubt.
Witnesses should be questioned alone and not in a group. You may choose to interview a witness at the scene of the crime, where it will be easier to establish the locations of everyone involved and get a description of what happened. On the other hand, conducting interviews in a quiet office where there are fewer distractions may be preferable. The decision may depend in part on the nature of the incident and the mental state of the witnesses.
job interview
The purpose of the interview is to establish understanding with the witness and get his own words describing the event:
DO…
Calm down the likely upset witness
Emphasize the real reason for the investigation to determine what happened and why
Let the witness speak, listen
confirm that you got the statement right
Try to sense any underlying feelings of the witness
Take quick notes or ask someone else on the team to write them down during the interview
Ask if it’s okay to tape the interview if you do so
close positive
DO NOT…
intimidate the witness
interrupt
prompt
ask leading questions
show your own emotions
come to the conclusion
Ask open-ended questions that cannot be answered simply with “yes” or “no”. The actual questions you ask the witness will of course vary with each incident, but there are some general questions that should be asked each time:
Where were you at the time of the incident?
What were you doing back then?
What did you see, hear?
What were the working conditions like back then (weather, light, noise, etc.)?
What was (were) the injured worker(s) doing at the time?
What do you think caused the incident?
How could similar incidents be prevented in the future?
Asking questions is a simple approach to determining what happened. However, care must be taken to assess the accuracy of the statements made in the interviews.
Another technique sometimes used to determine the sequence of events is to reenact or play them out as they happened. Care must be taken to avoid further injury or damage. A witness (usually the injured worker) is asked to re-enact in slow motion the actions that happened before the incident.
Other information
The data can be found in documents such as technical data sheets, health and safety committee minutes, inspection reports, company policies, maintenance reports, past incident reports, occupational safety procedures and training reports. All relevant information should be investigated to see what might have happened and what changes might be recommended to prevent similar incidents from happening again.
Searching for marriage and divorce records
See some more details on the topic how to investigate a person for marriage here:
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How do you Investigate Someone for Marriage & Why l Matrimonial Investigations
How Do You Screen Someone for Marriage & Why?
Marriage investigations are among the most in-demand investigations of today. The premarital investigations are more due to people turning to smart measures. Marriage is an important decision and therefore it is necessary to make sure that you choose the right person.
With the rise of scammers like the “Ayesha Suicide Case” “Cops Say Husband Being Held in Pali,” many parents seek the help of marriage detectives to ensure their children are marrying the right person.
reasons to investigate
Find out some of the reasons why marriage research is important.
examination
First of all, the main reason for these investigations remains the background check. Whether the family and the person you have chosen for your child is right or not. These background checks tell you if the other person is hiding something or not. To make sure they are not divorced or their family has not cheated on anyone or anything.
Review of bad habits
A marriage detective will also help you find out if the other person has bad habits or not. This information is really hard to find on your own and often the other family keeps it secret. Some bad habits can prove dangerous and inevitable, which is why it’s important to know about them beforehand.
Social status check
This point relates to the social position and interaction of the other family. There are many scammers out there who pretend to have a better rank when in reality they are just a bunch of fakers. With the best marriage detective agency, you can easily find out if the family you choose for your child doesn’t belong to them.
Job/Business Profile Check
Many people post fake information on marriage sites and other places they get their hookups from. A marriage detective, on the other hand, can provide you with the accurate information by closely reviewing the other family’s information. What is the other person’s professional or business profile and other related information?
crime check
Well, this point can really ruin your kid’s life. If the person you chose for your child has or does not have a criminal history, how serious was that crime and other things? With marriage investigation, you can get all these details and secure your child’s life before it’s too late.
How does the private investigation work?
A marriage detective agency has professional detectives who will collect the information you need. They conduct private investigations and provide details about the person and family you wish to investigate. Unlike word of mouth, they provide you with concrete evidence with evidence. They are not biased and the information provided in these researches is reliable. That is why it works perfectly and is safer for your children’s future.
So this is how marriage investigation works. There are so many marriage detective agencies in Delhi that you can choose from but we encourage you to choose the best. A person’s whole life depends on these investigations and therefore it is important to get the best result.
Chapter 4: The Process of Investigation – Introduction to Criminal Investigation: Processes, Practices and Thinking
Chapter 4: The investigation process
“In order for the court to be satisfied that the investigator acted lawfully and within the authority prescribed by law, the judge must hear the investigator describe his thought processes in order to form reasonable grounds, or in some emergencies, a reasonable suspicion.” to have the measures taken.”
An effective strategy for learning new skills is to define them and break them down into logical steps to establish a progression that can be tracked and repeated to achieve desired results. The process of investigation is no exception and can be effectively explained and learned in this way. In this chapter, you will learn how the following items relate to the investigation process.
The distinction between investigative tasks and investigative thinking The flow of the investigative process The distinction between tactical investigative and strategic investigative responses The concepts of event classification and crime detection The dilemma of threat and action response The distinction between active events and inactive events The connection of active events and priority outcomes of the Level 1 on the powers granted in difficult circumstances The Response Transition Matrix (RTM) and the critical need to move from tactical response to strategic response
Topic 1: The distinction between investigative tasks and investigative thinking
To understand the inquiry process, it is necessary to understand the distinction between inquiry tasks and inquiry thinking. Investigative tasks relate to the information gathering processes that feed into investigative thinking and results. Investigative thinking, on the other hand, is the process of analyzing information and theorizing to develop investigative plans. Let’s take a closer look at this distinction.
investigative tasks
Investigative duties relate to identifying physical evidence, gathering information, gathering evidence, protecting evidence, questioning witnesses, and questioning and questioning suspects. These are essential tasks that must be learned and practiced with a great deal of skill in order to incorporate the greatest possible amount of accurate information into the investigative thought process. Criminal investigation aims to collect, validate, and preserve information to support the investigative process. Accordingly, it is important to learn to do these evidence gathering tasks well.
Investigative Thinking
Investigative thinking aims to analyze the information gathered, develop theories about what happened, how an event happened, and find reasonable grounds for assumption. These reasonable assumptions will identify suspects and lead to arrests and charges. Investigative thinking is the process of analyzing evidence and information, considering alternative possibilities, to determine how an event occurred and to determine if they are reasonable.
Topic 2: The course of the investigation
The investigative process is a sequence of activities or steps ranging from gathering evidence, analyzing information, developing and validating theories, forming reasonable assumptions, and finally arresting and charging a suspect. Knowing these steps can be helpful as criminal incidents are dynamic and unpredictable. The order in which events take place and the manner in which evidence and information becomes available for collection may be unpredictable. Therefore, only flexible general rules can be applied to structured responses. Regardless of how events unfold or when the evidence and information comes in, however, certain steps must be followed. This includes collection, analysis, theory development and validation, identifying suspects and forming reasonable grounds, and taking action to arrest, search and bring charges.
No matter how unpredictable criminal events may be, the results that police investigators seek are always the same. And you should always keep the desired outcomes in mind to give focus and priority to the entire investigative process. We’ll talk more about how to develop a mental map of the investigative process later in this book to help record, report, and narrate events. It is mentioned now because a mental map is an appropriate metaphor to illustrate the process of investigative thinking.
Even if the path we will take in the investigation may be unclear and unpredictable at first, in this process the goal, the results we aim for in our investigation will always be the same and can be expressed in terms of results and their priorities will.
Results and priorities initially focus on protecting life and safety of people. They focus second on the priorities of protecting property, collecting and preserving evidence, accurately documenting the event, and providing reasonable grounds for identifying and apprehending criminals.
Priorities relate to level one priorities, such as protecting life and the safety of people. This includes the protection and safety of the police officer’s own life and the life and safety of other officers.
The Level Two priorities are the four remaining outcomes mentioned above and these can be considered equivalent. Depending on the circumstances, a rationale for the decision to focus on one Level Two priority at the expense of another may be given, depending on the circumstances at hand.
The critical point to note here is that under no circumstances should an investigator choose to direct their efforts and attention to a Level 2 priority when that priority is a Level 1 priority, protecting life and the safety of any person, including police officers themselves. In the event that evidence is lost or destroyed, or a suspect is not identified or arrested because investigators have attended to level one priority, that is a reasonable Result. A response that would sacrifice the safety of people to achieve a Level 2 priority would be unjustifiable and could even result in civil or criminal penalties against investigators making such a decision.
Now that we’ve looked at the critical aspects of investigative tasks and the response priorities that police investigators must use in making decisions when taking action, we can proceed to examine the two different types of investigative responses. We will refer to these as “Tactical Investigative Response” and “Strategic Investigative Response”.
Theme 3: Distinguishing between a tactical investigative response and a strategic investigative response
These two distinct types of investigative responses are defined by the nature and status of the event faced by the investigator. If the event is an active event, a tactical investigative response is required, and if it is an inactive event, a strategic investigative response is required. It is important for an investigator to understand these two different levels of response because they involve different response protocols, different legal powers, and power limitations.
Tactical investigative response
Tactical Investigative Response is faced by frontline responders responding to criminal events. As previously mentioned, police often face the challenge of responding to events, sometimes in life and death situations where information is limited and critical decisions must be made in order to take action. In these Tactical Investigative Responses, responders often have little or no time to undertake intelligence gathering duties. They have to rely on the information in a complaint sent, coupled with their own observations made upon arriving at the crime scene. If an officer makes an arrest or uses force to bring the situation under control, he is responsible for the actions he takes and may be asked by the court to voice his opinion, albeit on the basis of limited information.
Strategic Investigative Response
Once an investigator has arrived at the scene of an incident and has brought the incident under control, either by making an arrest or by determining that the suspect has fled the scene and is no longer a threat to life or the safety of anyone, the Investigation launched a strategic investigative response. With this cessation of life and safety issues comes the cessation of security and additional powers to arrest suspects and to enter and search private property without a warrant.
It is crucial to clearly understand and define and articulate the circumstances of an active event and tactical response or a controlled event and strategic response. In court, it is important for a police investigator to describe what he was told when he made the complaint, what he saw and heard when he made the complaint and, most importantly, what he thought to justify the action taken . In order for the court to be satisfied that the investigator acted lawfully, the judge must hear the investigator describe his thought process in order to find reasonable cause, or in some emergencies, to have a reasonable suspicion justifying the action taken.
In order to properly articulate their thoughts in these investigative responses, it is important for officers to understand the situational elements that can help define their thought process when testifying in court. Two of the most important situational elements to understand are event classification and crime detection.
Topic 4: Event classification and crime detection
To enter an investigation in either Tactical or Strategic Response mode, an investigator must engage their thought processes and make decisions about the event they are facing. Is it an ongoing active event that requires immediate and decisive tactical action? Or is it an inactive event where a less urgent, slower, and more strategic approach can be taken? This slower, more deliberate approach is the strategic investigative response, and the situational elements of this approach are discussed in detail later in this chapter. Thinking about these situational elements of active event or inactive event is call event classification.
Considering the possible crime being committed in the case is known as “criminal recognition” and this recognition of a specific criminal offense activates the investigator’s thinking to look for evidence that supports the elements of that recognized criminal offense.
Topic 5: Classifying the event as either an active event or an inactive event
For each of these classifications of active or inactive event, the investigator has some distinct legal powers that he must exercise, as well as some immediate responsibilities for protecting, collecting, and preserving evidence. When visiting the scene of a reported event, the investigator should assume the event is active until it is determined that it is inactive.
In many cases, an event may be reclassified as an inactive event if it is determined that the suspect has left the location of the event or the event has ended with the suspect’s arrest. In cases where the suspect is still at the scene of an active event, the investigator must consider the possibility of arresting the suspect or arresting him for an ongoing crime. In order to make this detention or arrest, the investigator should consider what possible crime he is being called to do based on the original complaint and also based on the evidence he sees and hears upon arrival.
The classification of active event or inactive event is critical. It is a distinction that guides an officer in determining what powers of detention, arrest, use of force, access to property and search can be used to take action. The determining elements between active event and inactive event are:
An active event
The criminal act is or could be ongoing at the crime scene. The suspect is or may still be at the crime scene. The situation is or may be a threat to the life or safety of any person, including the life or safety of any law enforcement officer present.
An inactive event
The crime is completed at the crime scene. The suspect or suspects have left the scene of the crime or have been arrested or detained. The situation at the crime scene no longer poses a threat to the life or safety of any person, including law enforcement officers.
Topic 6: Threat vs. Action Analysis Dilemma
The critical elements of this threat vs. action analysis dilemma were revealed in what became known as “active shooter calls” that arose from the 1999 Columbine High School incident (Police Executive Research Forum, 2014). In that incident, two armed teenagers went on a high school rampage, killing 13 people and injuring 20 others before turning their guns on themselves and committing suicide. Officials who responded to that call were following department protocols of the time. These protocols dictated that at events involving armed confrontations by suspects, they should await the arrival of their emergency response team. The fact that these first responders waited despite ongoing high school killings led to the realization that in such cases, the police have a duty to take action and waiting is not the right response. As a result of these findings, active shooter response protocols were adopted across North America and police departments retrained their personnel to respond to active shooters with more immediate actions and strategies to engage and confront the shooters, resulting in the lives of potential victims to protect.
The Threat vs. Action Analysis Dilemma Response Protocols in the active shooter response situations now provide the standard or benchmark that a responding officer must consider when faced with the decision to enter a dangerous situation and take action alone, or before for reinforcements enter to wait to take action. For active shooter situations, protocols across North America are now mandatory responses, where responding officers are trained to step in and confront with minimal assistance. However, not every potentially dangerous threat vs. action analysis dilemma will be an active shooter. Intervening officers are often faced with other calls where there is a threat to the safety of individuals and the decision to enter or wait for backup has yet to be made. In these cases, the responding officer must consider the information available and respond or await reinforcements, based on his or her own threat vs. risk assessment of the facts. The active shooter protocols have provided this analysis of something of a calibration where an extreme ongoing threat to the life and safety of individuals equates to high duty and high expectation to take action.
Topic 7: Rules of engagement for an active event or an inactive event
Police officers can be called into action in many different ways. It can be an emergency call over the radio, an 911 call, a citizen stopping the passing police car to report an incident, or an officer encountering a crime in progress. Regardless of the nature of the call to action, this is the first step for the police officer to engage in a thought process to gather and evaluate information, make decisions and take action. The first step in this thought process for the investigator is to make the assessment and ask the questions:
Is this an active event that requires a tactical investigative response? Is it an inactive event that requires strategic investigation?
As a subsequent part of this assessment of determining an active event or an inactive event, the investigator should also pay attention to the type of crime he encountered. For example, is it a robbery, robbery or theft? From the point of view of police tactical investigative work, an investigator who is confronted with an active event must first assess the threat situation. Is there a threat to the life or safety of any person that would require a level one finding to take immediate action to protect the life and safety of any person, including the life and safety of any police officers present?
When assessing these threat levels to life and security, police are often faced with very limited information. Sometimes there is only a potential threat or an implied threat to people’s life or safety. In such cases, it is only necessary for the police to suspect that there is a threat to a person’s life or safety to invoke the extended powers based on urgent circumstances. In these cases of tacit threats, the police are empowered to invoke the powers that arise from urgent circumstances to enter private property without a warrant and to arrest and search suspects who may pose a threat. These are significant powers and an investigator must be aware that if he exercises these powers, he will very likely later be asked to justify the exercise of those powers. Let’s look at the section of the Criminal Code that allows officers to enter a home without a warrant, and then apply that understanding to a few scenarios:
Authority to enter a dwelling without a warrant under Criminal Code of Canada 529.3 (1) Without derogating or restricting a peace officer’s authority to enter a dwelling under this or any other statute or statute, the peace officer may enter the dwelling. Home for the purpose of arresting or detaining a person without a warrant under section 529 or 529.1 authorizing entry if the peace officer has reason to believe the person is in the home and the conditions for obtaining a search warrant under section 529.1 exists, but due to the urgency of the circumstances, it would not be practical to obtain a search warrant. (Penal Code, 1985, § 529 (1)) Threatening circumstances
(2) For the purposes of subsection (1), urgent circumstances include circumstances in which the peace officer (a) has reason to believe that entry to the residence is necessary to prevent imminent bodily harm or death of a person ; or (b) has reasonable grounds to believe that evidence of the commission of a criminal offense is present in the home and that entry into the home is necessary to prevent the threatened loss or destruction of the evidence. (Criminal Code, 1985, s 529(2)(a,b)) Where a warrant is not required under Criminal Code of Canada 487.11 A peace officer or public official appointed or designated to administer or enforce a state or state law and whose duties include enforcing that or any other Act of Parliament may, as part of his duties, do any of the actions set out in subsection 487(1) (Criminal Code, 1985, s 487(1)) or
492.1(1) without a warrant when the requirements for obtaining a warrant are met but urgent circumstances make it impracticable to obtain a warrant. (StGB, 1985, § 492 para. 1)
Scenario #1 A uniformed patrol officer receives a call over the radio to participate in a complaint. The 911 caller reports that he just saw his neighbor hit his wife in the front yard and then forcibly dragged her into their home. The responding officer can immediately classify this event as an active event. The officer’s criminal recognition of the offense is that it was likely an assault and possibly a violent detention. Given this assessment, the situation calls for a tactical investigative response. The suspect is still at the scene and there is a possibility that the life or safety of the suspect’s wife is at risk. In such cases, the officer may, in urgent circumstances, resort to the enhanced powers to ensure the wife’s safety. Given the information reported, the officer can go to the home to use the force necessary to enter without a warrant and investigate the safety and well-being of the identified victim. If, after entering the home, further investigation uncovers evidence confirming an assault, the officer may arrest the identified suspect for that offense. In this scenario, the information that allows for the classification of the active event and the detection of the breach is fairly straightforward given the reported circumstances.
Scenario #2 Sometimes an event cannot be immediately classified as an active or inactive event. In those cases where the information is less clear, the investigator may be justified in assuming an ongoing threat to the life or safety of individuals and remain in tactical investigative response mode, using the powers granted in urgent circumstances to conduct the investigation to continue until it is determined that an implied risk no longer exists. For example, imagine the situation where the police department receives an emergency call from a crying woman. Before further information can be obtained from the caller, the caller terminates the call. A patrol unit will be dispatched to visit the home address associated with the identified phone number. Upon arriving at the front door of the caller’s address, officers present are met by a male resident of the home, who identifies himself as the homeowner. The officers present tell the man that a terminated emergency call from a crying woman has been received from this address. The man states that everything is fine at his home and refuses to allow officers to enter the premises. Officers advise the man that they must enter the premises to ensure there is no ongoing threat to the crying caller’s life or safety. Officers warn the man that they will enter the premises and if he resists, he will be arrested for obstructing a police officer. The man steps aside and officers enter the house to find a woman with a bleeding nose and an injured face in the sleeping area. The woman tells officers that the man, her husband, slapped her in the face during an argument and when she tried to call the police, he pulled the phone cord from the wall and hit her again. She states that he threatened to kill her if she cried out when the police came to the door. The man is arrested for assault, coercive detention and threats. He is given his charter rights and a warning, and then asked if he would like to make a statement. To assess this scenario, officials initially had very little information that would allow them to determine an active event or an inactive event. Equally limited was the information identifying a crime. Fortunately, case law has evolved to recognize these types of cases with limited information, and it provides a framework for a response that can protect life and safety. In such situations, an officer still has the authority to act under the authority of “urgent circumstances.” Given these information-poor circumstances, the officer need only have a suspicion that there is a threat to an individual’s life or safety in order to act. This threat can simply be implied by the circumstances presented. In this case, the implied threat to a person’s life or safety was the interrupted 911 call. Officers had a duty to treat and resolve the potential threat to a person’s life or safety associated with this dropped emergency call (R v. Godoy, 1999).
As you might imagine, in order to exercise the powers to enter private property, an officer participating in the calls described in the previous scenarios must have a very clear understanding of the circumstances under which implied distress and urgent circumstances can be interpreted. The same necessity extends to the use of reasonable force and the making of an arrest. Given that these are active and evolving criminal events, there is an urgent need for action. It is essential that the investigating officer fully understands these principles in order to quickly assess the facts presented, make the event classification, and appropriately take the necessary action.
As discussed earlier in this book, there is a significant difference between reasonable assumption and reasonable suspicion, and an officer unaware of this distinction might have difficulty articulating to the court how and why he took the initiative act or not act. In such cases where there is implied distress or an implied threat to life or safety, an investigator must be clear about his or her interpretation of the event and its authorities in order to take action. The thinking involved could be described as an active event, and an explicit or implicit threat to life or safety corresponds to urgent circumstances.
More on crime detection
While the event is classified as either an active event or an inactive event, the investigator should be concerned with the thought process of crime detection. In other words, what crime is being reported or what crime is being observed in the unfolding fact pattern? With this recognition of the crime, the investigator begins to compile a mental inventory of the evidence and information needed to support the recognized crime(s). With a crime in mind, the investigator will also begin to consider his or her powers and powers that may be used under the law in relation to that crime. The investigator will ask her himself;
Is it a summary conviction offense where the suspect must be found committing it in order to justify an arrest?
Or is it a criminal offense or two-procedure offense where there is direct evidence or strong circumstantial evidence supporting an arrest?
If the investigator determines that he or she is participating in an active event and his or her crime detection indicates that there may be a risk to a person’s life or safety, e.g. For example, an assault involving physical harm, he knows that he only needs to find evidence to form reasonable suspicions in order to make an arrest. Als Teil der Anwesenheit am Schauplatz des Ereignisses sollte der Ermittler den Ort klassifizieren, um festzustellen, welche gesetzlichen Anforderungen für seine Betretensberechtigung gelten. Die Prüfung der möglichen Behörden zum Betreten von Privateigentum würde Folgendes umfassen:
Zustimmung des Grundstückseigentümers
Section 487 CCC Durchsuchungsbefehl
Bedrohliche Umstände, die die Notwendigkeit vermuten lassen, das Leben oder die Sicherheit einer Person zu schützen
Dringende Umstände mit hinreichender Annahme, dass Beweismittel für eine strafbare Handlung vernichtet werden
Neue Verfolgung eines Verdächtigen, der eine Straftat begangen hat
Wenn der Ermittler am Tatort eintrifft, an dem ein Verdächtiger sofort erkennbar ist, kann der Ermittler eine sofortige Festnahme oder vielleicht sogar eine Festnahme vornehmen. Der Ermittler kann sich auf Abschnitt 529 (2) des kanadischen Strafgesetzbuchs (1985) berufen, um unter dringenden Umständen Privateigentum ohne Haftbefehl zu betreten, um die Verhaftung vorzunehmen und die Sicherheit von Personen am Tatort zu gewährleisten. Wenn der Ermittler eine Festnahme vornimmt, nachdem er hinreichende Gründe für eine Annahme gefunden hat, ist er gemäß der kanadischen Charta der Rechte und Freiheiten verpflichtet, dem Verdächtigen mitzuteilen, wegen welcher Straftat er festgenommen wird.
Erforderliche Warnungen
Das Folgende ist die Standardwarnung der Charta der Rechte (Canadian Charter, 1982, s 10(a,b)) und die polizeiliche Warnung. Diese standardmäßigen Vorsichtshinweise werden wie folgt gegeben:
Ich verhafte Sie (oder halte Sie fest) wegen [Name der Straftat(en)]. POLIZEIWARNUNG
Ich möchte Sie warnen: Sie brauchen nichts zu sagen. Sie haben nichts von einem Versprechen oder Gefallen zu hoffen und nichts von einer Drohung zu befürchten, ob Sie etwas sagen oder nicht. Alles, was Sie tun oder sagen, kann als Beweis verwendet werden. Do you understand? (Transit Police, 2015) CHARTERWARNUNG Sie haben das Recht, unverzüglich einen Anwalt zu beauftragen und zu beauftragen. Sie haben auch das Recht auf kostenlose und sofortige Rechtsberatung durch einen diensthabenden Anwalt, indem Sie während der Geschäftszeiten kostenlos unter [gebührenfreie Telefonnummer(n)] und außerhalb der Geschäftszeiten [gebührenfreie Telefonnummer(n)] anrufen. Do you understand? Möchten Sie einen Anwalt anrufen? Sie haben auch das Recht, Prozesskostenhilfe im Rahmen des Prozesskostenhilfeprogramms der Provinz zu beantragen. Do you understand? (Durchgangspolizei, 2015)
Betrachten wir das folgende Szenario, um diese Prinzipien in Aktion zu veranschaulichen.
Szenario Nr. 3 Ein Beamter wird entsandt, um der Anzeige wegen eines Angriffs mit einer Waffe beizuwohnen, und stellt fest, dass dieser in einem Wohnhaus in einer nahe gelegenen Wohngegend stattfindet. Bei der Ankunft wird der Beamte auf dem Rasen vor dem Haus von einem Mann getroffen, der behauptet, gesehen zu haben, wie der Hausbesitzer während einer Auseinandersetzung einen Besucher des Hauses erstochen hat, als ein zweiter Mann aus der Haustür gerannt ist und sich an der Seite hält und aus einer offensichtlichen Wunde blutet . Ein dritter Mann mit einem blutigen Messer kommt in der Haustür zum Stehen und der Zeuge identifiziert ihn als den Besitzer des Hauses. Der Beamte weist den Mann mit dem Messer an, es auf den Boden fallen zu lassen und die Wohnung zu verlassen. Der Mann willigt ein und wird wegen Körperverletzung mit einer Waffe festgenommen.
Aus diesem Sachverhaltsmuster könne der Ermittler eine sofortige Festnahme wegen Körperverletzung mit einer Waffe erwirken. Der Ermittler würde das blutige Messer beschlagnahmen und es als Beweis für diese Straftat aufbewahren. Die Tatsachen in diesem Szenario, die es dem Ermittler ermöglichen, Maßnahmen zu ergreifen, das Privateigentum zu betreten und ihren begründeten Glauben zu bilden und die Verhaftung vorzunehmen. Wenn der Fall vor Gericht geht, wird der Ermittler dieses Falls die Kette der Ereignisse zusammen mit seinen Überlegungen artikulieren, um seine begründete Annahme zu untermauern. Um dies zu erreichen, würde die Aussage des Ermittlers lauten:
Sie wurden entsandt, um einer Anzeige wegen Körperverletzung mit einer laufenden Waffe beizuwohnen,
der Verdächtige war immer noch vor Ort und es war ein aktives Ereignis,
in Anbetracht der möglichen Gefahr für das Leben oder die Sicherheit einer Person das Grundstück unter den Voraussetzungen des Verzugs betreten hat,
Ein unabhängiger Zeuge am Tatort gab an, der Hausbesitzer habe einen Gast im Haus erstochen.
Ein Mann, der aus einer offensichtlichen Wunde blutete, rannte aus dem Haus, und
ein anderer Mann, der in der Tür stand, hielt ein blutiges Messer und wurde vom Zeugen als Hausbesitzer identifiziert.
Der am Ort dieses Ereignisses eintreffende Ermittlungsbeamte würde dies als Priorität der Stufe Eins behandeln, da eine anhaltende Gefahr für das Leben und die Sicherheit von Personen besteht. Unter diesen Umständen würden die StGB-Behörden bei Gefahr im Verzuge eingreifen. Der Ermittler wäre berechtigt, alle anwesenden Parteien, einschließlich des Zeugen und des Opfers, aufgrund des begründeten Verdachts festzuhalten, dass sie möglicherweise alle an kämpferischem Verhalten beteiligt waren und weiterhin eine Bedrohung für das Leben und die Sicherheit anderer, einschließlich des Ermittlers, darstellen könnten . The powers of exigent circumstances are significant in this kind of scenario, and provide authority to take immediate action that will neutralize threats to the safety of people. Even if the facts of this assault with a weapon had evolved to show that it was taking place inside the private home of the suspect with the bloody knife, the authority of exigent circumstances would permit the investigator to enter that home without a warrant to protect the life and safety of persons. A very significant point to be made here is that as soon as the event is under control the extended powers of exigent circumstances expire.
Once this event has been brought under control and the threat to the life or safety of persons had been eliminated by arresting or detaining all persons present, the investigator must reclassify this event as an inactive event. As soon as this occurs, some of the rules of engagement and legal authorities to take action change, and the investigation must switch to a Strategic Investigative Response.
With the expiry of exigent circumstances and the switch to a Strategic Investigative Response, several factors change. If this assault with a weapon had been taking place in the suspect’s private home, and the investigator had entered under the authority of exigent circumstance, the authority to remain in the private residence and search it would expire. If the investigator needed to collect additional physical evidence in that home, such as blood from the stabbing assault, a warrant or consent to search would now be required.
In this type of case, the residence of the suspect could be locked down externally and all persons removed until a search warrant was obtained to complete the investigation. Evidence obtained up to the point where the arrest was made and before exigent circumstances expired would be lawfully seized without a warrant. This would include the seizure of the bloody knife as plain-view search or a search incidental to arrest. Anything else searched for and seized after the arrest could be challenged as an unlawful seizure if it was taken without a search warrant.
In addition to the requirement for search warrants, in some cases after exigent circumstances expire, other priorities and investigative must also change. As you will recall, the protection of life and safety of people is the Level One priority. With that priority, the court allows significant leeway to investigators in regards to the protection of crime scenes and the collection of evidence. If an investigator is attending any criminal event, the protection and collection of evidence always takes a backseat to the protection of life or safety of people. That said, once the life and safety issues have been resolved, the securing of the crime scene and the subsequent protection and collection of evidence becomes the number one priority.
Once the life and safety issues are resolved, it is time to lock down the crime scene and start protecting evidence for court. If it is possible to protect the life and safety of people and collect, protect, and preserve evidence, this is the preferred outcome. If it is not possible, the court will accept the fact that damage to evidence occurred prior to life and safety issues being resolved. Once those issues are resolved, the expectation is that a high level of care will be taken. If proper care is not taken, and evidence becomes contaminated, or continuity of possession is lost, the evidence may be ruled inadmissible at a trial. It is important for the investigator to fully grasp the construct that dictates when to transition from Tactical Investigative Response to Strategic Investigative Response.
Topic 8: Response Transition Matrix (RTM)
The RTM is a matrix tool to illustrate the considerations for police response when considering the authorities and issues to escalate or de-escalate from a Tactical Investigative Response to Strategic Investigative Response. Considering the following questions will help an investigator to identify an event as either a Tactical Investigative Response or a Strategic Investigative Response:
Is the event active or inactive? What offence(s) is possibly occurring? Do I suspect an implicit or explicit danger to the life or safety of a person? Do I have reasonable grounds to believe evidence of an indictable offence will be lost or destroyed? What immediate actions can be taken to protect the life or safety of persons? What immediate action can be taken to protect evidence, without compromising life or safety? Have life and safety issues been resolved, and should the change be made from Tactical Investigative Response to Strategic Investigative Response?
The Canadian Charter of Rights and Freedoms, the Criminal Code, and common law authorities provide police with both powers to act and limitations to taking action. In the Canadian justice system, both statutory law and case law have evolved to establish a range of authorities and police powers that allow rapid response at the more dangerous end of the matrix, and more time-consuming restrictions to act at the less threatening end of the matrix. The chart below illustrates the duty to act, the authority to act, and the priorities for action to consider.
summary
In this chapter, we have discussed the progression of the investigative process and the key elements within the progression that must be considered by an investigator. These elements within the investigative process are the signposts on the roadway of a mental map. These signposts of active event or inactive event tell us to either take action within the extended authorities of exigent circumstances or to modify our response for an inactive event and recognize the need to make the transition to a strategic response. An investigator’s understanding of the changes in circumstances that define these situations and the change from active to inactive events can make the difference between successful and unsuccessful investigative outcomes.
Study Questions What is the difference between investigative tasks and investigative thinking? What is the difference between Level One Priorities and Level Two Priorities? What is the difference between a Tactical Investigative Response and a Strategic Investigative Response? What is the difference between an active event and an inactive event? When would an investigator consider the Threat vs. Action Analysis Dilemma? When does an investigator have the authority to enter a dwelling house without a warrant? Why is it important for an investigator to thinking about “offence recognition” at the same time they are thinking about whether a situation should be classified as an active event or an inactive event? What is the Response Transition Matrix (RTM)?
Long Descriptions
Investigative response priority results long description: There are two levels of investigative response priority results. Level 1 includes “Protecting the life and safety of people including police officers attending the scenes of crime.”
Level 2 has four priority results:
Identifying, gathering, and preserving evidence Establishing reasonable grounds to identify and arrest suspects Accurately recording and documenting the event in notes and reports Protecting property
[Return to Investigative response priority results]The RTM: Response Transition Matrix long description: In the case of an active event with recognized offence, suspected issues of life safety or reasonable and probable grounds of evidence destruction, police need to take tactical investigative response action considering level-one priority results. Immediate action is required in such exigent circumstances, and as such, an officer has reasonable and probable grounds to detain and search without a warrant.
In the case of an inactive event with recognized offence but no life or safety issues or issues of evidence destruction, police need to take strategic investigative response action considering level-two priority results. This action should be specific to an identified offence. In such non-exigent circumstances, an officer has reasonable and probably grounds to perform an arrest and search only with a warrant. [Return to The RTM: Response Transition Matrix]
Procedure of Investigation under CrPC
This article was written by Shailja Singh, student at Bharati Vidyapeeth University, Pune. In this article, the author would like to highlight the investigation procedure under CrPC.
introduction
Investigations are an important part of criminal proceedings. The first step after a crime has been committed or a police officer has received information about the commission of a crime is “investigation”. The purpose is to identify the offender and bring him to justice to serve a sentence according to the provisions of the Code. § 156 StPO gives police officers powers to investigate recognizable cases. In undetectable cases, the police officer does not have the authority to conduct an investigation without a warrant and must obtain a warrant under Section 155(2) of the Code. The term “investigation” is defined in Section 2(h) of the Code. Chapter XII (Sections 154 to 176) of the Code deals with information to the police and their investigative powers.
meaning and definition
The term “investigation” was defined in Section 2(h) of the Code of Criminal Procedure, investigation includes any procedure under this Code for the collection of evidence conducted by a police officer or any other person (other than a judge) is by a magistrate on that behalf authorized. [1]
The determination of a criminal offense consists of:
On to the spot. Establishment of facts and circumstances of the case. Identification and arrest of the suspect. Gathering of evidence, which may include: interviewing those affected and writing down their testimony.
Search and seizure of places and property as deemed necessary from time to time. Forming an opinion as to whether legal proceedings are pending and taking appropriate steps. [2]
Overview of the investigation process
Detectable and Undetectable Offense
The detectable offense was defined in Section 2(C) of the Code, which allows a police officer to be arrested without a warrant. The offense is serious in nature and constitutes a public wrong for which prosecution is at the discretion of the state. The punishment is imprisonment from 3 years and with or without a fine. Example – dowry, rape, murder, etc.
Unrecognizable offense and case has been defined in Section 2(l) of the Code whereby the police cannot arrest without a warrant. The offense is less serious and the prosecution is carried out at the initiative of the parties. A prison sentence of up to 3 years can be imposed. Example – attack, forgery, slander, etc.
information to the police officer
Section 154 of the Code speaks of giving information as a recognizable criminal offense. The information is to be given to the head of the department in writing by the whistleblower or to be abbreviated in writing by the head of the department. The written information must be read to and signed by the whistleblower, referred to as an “initial information report”. When the information is provided by a woman against whom one of the offenses is alleged under Sections 326-A, 326-B, 354, 354-A through 354-D, 376, 376-A through 376-E, or 509 IPC committed or attempted, such statement shall be recorded by a police officer.
After the police officer has received the information, he will start his investigations if he has reasonable suspicion that a recognizable criminal offense has been committed.
investigative powers of the police
Section 156 of the Code authorizes the chief of a police department to investigate a case in his local jurisdiction without a magistrate order if the offense is recognizable in nature. The official can also initiate an investigation by order of the magistrate authorized under Section 190.
Cases consisting of both recognizable and unrecognizable crimes
If a case involves two or more criminal offenses, at least one of which is of an identifiable nature and another of which is not of an identifiable nature, Section 155(4) requires the entire case to be treated as an identifiable case and the investigating officer shall have all the powers and authority that he in investigating an identifiable case.
investigative procedures
Section 157 of the Code sets out the investigative procedure to be followed by the police in gathering evidence. The investigation of a detectable case begins when a police officer in charge of a law enforcement agency suspects, based on FIR or other information so obtained, that a detectable criminal offense has been committed. It requires the immediate notification of the FIR to be sent to the magistrate. The officer must then go to the scene in person or have a subordinate officer do the investigating and, if necessary, take steps to identify and arrest the person.
If the information the police officer receives is not serious, the officer need not take personal action or assign a subordinate officer to conduct an on-site investigation. And unless there is good reason to open an investigation, he may not investigate the case. And must state in his report that he has not complied with the requirements of this section and inform the informant that he will not investigate the case or initiate an investigation.
He then forwards this report to the magistrate who has the authority to take cognizance of such an offence.
Sending a report to the magistrate (§ 158)
A report called a police report is submitted to the magistrate. It is sent by the senior police officer to alert the magistrate that a particular case is being investigated by a police officer. The primary objective of submitting a report is to enable the Magistrate to control the investigation and give direction where required by Section 159 of the Code.
The report must be sent to the magistrate immediately. In the case of Swati Ram v. State of Rajasthan, it was found that a mere delay in submitting the report does not nullify the prosecution case in its entirety.
At different stages of an investigation, the police have to submit different reports to the magistrate. These reports are:
Section 157 of the CrPC requires the officer in charge of the police station to submit a report, known as a preliminary report, to the magistrate.
Section 168 of the CrPC requires a junior officer to submit a report to the appropriate officer at the police station.
Section 173 of the CrPC requires that a final report be submitted to the Magistrate upon completion of the investigation.
Magistrate’s investigative order
The magistrate has authority under Section 159, if it deems it necessary, upon receipt of the report, to initiate an investigation or direct itself or a sub-magistrate to conduct a preliminary investigation. And as noted by the Supreme Court, the magistrate has no power to stop the investigation once it has begun. [3]
presence of witnesses
The police officer conducting the investigation has the power under Section 160 to require the presence as a witness of any person familiar with the facts and circumstances of the case. The section mentioned above also provides that no male or female under the age of fifteen is required to visit any place other than where the male or female resides. The state government issues regulations for the payment of reasonable expenses incurred by persons visiting a place other than their place of residence.
hearing of witnesses
Any police officer responsible for the investigation, or any other officer acting at the request of a responsible officer, must and has the authority to interview any witness or person familiar with or having knowledge of the facts and circumstances of the case being presented him. Section 161 of the Code gives the police the power to interview witnesses. Witness statements are important because they can make a person guilty or innocent. Those under investigation are expected and required to truthfully answer any questions asked about such cases. You are under no obligation to actually answer the questions, which would expose you to criminal or other charges. After the interrogation, the investigating police officer reduces the number of statements the person makes during the interrogation. And when this has happened, he has to keep a separate record of it. He is not obliged to make the declarations in writing, but prefers to do so.
Declarations to the police do not have to be signed
He does not have to sign the statements of the witnesses during the interrogation. Neither should be used in any investigation or trial. The statements of the witness can only be used in court to contradict him, but not to confirm him. If the witness is presented by the prosecution, any part of his testimony, if proven, may be used by the defendant and the prosecution to contradict him only with the permission of the court. That is, statements under § 161 can be used to contradict him.
However, an exception to the above section is: If a statement falls within the provisions of Section 32(1) of the Indian Evidence Act or if a statement affects the provisions of Section 27 of the Evidence Act.
Recording of confessions and statements
Any state or court judge, whether or not he has jurisdiction over the case, has the authority under Section 164 to record any statement or confession made to him in the course of the investigation. But a police officer who has been given judicial powers for the time being does not have the authority to record them. Before taking testimony, the judge must explain to the person who made the testimony that he is under no obligation to make the testimony and that the testimony may be used as evidence against him. The judge must ensure that the person making the confession does so voluntarily. The Magistrate cannot authorize the detention of that person in police custody if the person refuses to testify at any time prior to the recording of the confession.
Recording of the confession when the magistrate has no jurisdiction
A magistrate who records statements and confessions, when not authorized to do so, forwards them to the appropriate magistrate who is to investigate the case or by whom the trial is to be conducted.
Admissibility of Evidence
The confession recorded under Section 164 may be used as material evidence without being formally proven. The recording of such a confession is admissible as evidence. The entire confession must be on record. The court must carefully weigh it against other evidence. The court may reject part of it. If the confession was found to be denied, the convictions based on it could not be upheld.
Non-denominational statements recorded under section 164 are not conclusive evidence. But if the testimony preparer is called as a witness at the trial, his earlier testimony can be used to contradict his testimony in court under Sections 145 and 157 of the Evidence Act.
In Balak Ram v. The State of U.P. found that testimonies cannot be dismissed simply because their testimony was recorded under Section 164. Their evidence must be approached with caution.
Search by police officers
A police officer has authority under Section 165 of the Code to search for any location which he has reasonable grounds to believe contains something necessary with regard to the investigations he is authorized to conduct.
The reasons for issuing a search warrant are set out in Section 93(1) of the Code. The search is to be noted in a diary prescribed for this purpose by the state government.
search procedure
A police officer must write down his reasons for the search, the place to be searched and the thing to be searched at that place, which he then proceeds to personally. If the police officer is not able to carry out the search himself, he can instruct his subordinate in writing to carry out the search and assign him the place and the thing to be searched. And the subordinate officer can then conduct the search based on the written order given to him. The officer should keep a record of the search carried out and send a report of this to the nearest magistrate who can make it available free of charge to the owner/resident of the searched place upon request.
If the investigation is to be conducted outside of India
If the investigating officer or any of his superiors has reason to believe that the required evidence might be available in a place or country outside of India, any criminal court must make a request to the authority of that country or place in which it seeks an oral examination of the person , who is said to have knowledge of the facts and circumstances of the case, and instruct him to produce all necessary documents in his possession relating to the case under investigation and to transmit all documents and evidence to the court issuing the letter. The provision is contained in Section 166.
Procedure if investigation cannot be completed within 24 hours
Section 167 deals with the procedure when investigations cannot be completed within 24 hours. The purpose of this section is to ensure a liberal democratic ideology. The aim is to protect the accused from police atrocities and to give the magistrate the opportunity to decide on the question of further detention, to facilitate the investigation and not to detain without a trial. To this end, it is provided that the accused or arrested person may not be detained for more than 24 hours. Section 167 is attracted under the following circumstances:
When the suspect is arrested without a warrant and held in his custody by the police officer. More than 24 hours required for an investigation. There is reason to believe that the allegations or information against him are well founded. The chief of a police department or investigating officer not below the rank of sub-inspector shall refer the accused to the magistrate for investigation.
The magistrate to whom the accused is so transferred may authorize the detention of that person in such detention for a period not exceeding 15 days. If the magistrate is not competent to hear the case and deems further detention unnecessary, the accused will be further referred to the magistrate in charge of hearing the case.
The magistrate authorizes the arrest of the accused (but not in police custody) if he has reasons and evidence of the necessity. But in no case can the magistrate order a detention longer than:
90 days if the person is charged with a criminal offense punishable by imprisonment for not less than 10 years or life or death. 60 days if charged with another crime. And after the 60-day or 90-day period, whatever the case, he’ll be released on bail if he can provide collateral.
This period is to be calculated from the day of detention and not from the day of arrest.
In the absence of the Judicial Magistrate, the Executive Magistrate or the Metropolitan Magistrate who has been provisionally delegated the powers of a Judicial Magistrate acts. The Executive Magistrate shall order detention for a maximum period of 7 days. If further detention is to be carried out, the accused is to be handed over to the competent district judge.
If the order is issued by a magistrate other than the Chief Judicial Magistrate, he shall provide the Chief Judicial Magistrate with a copy of his order, stating the reasons therefor.
If investigations in a subpoena case are not completed within 6 months, the magistrate must order the investigation to be dropped unless he has reason and reason to believe that further investigation is necessary in the interest of justice. If the magistrate has ordered the investigation to be discontinued and an application is made to the judge of the hearing against the order, the judge of the hearing has the power under Section 167(6) to vacate the order issued by the magistrate under subsection 5 if there are good reasons to do so.
Post-Investigation Procedures (p.169-p.173)
After completing the investigation, proceed as follows:
Release of the accused in the absence of evidence
If there is insufficient evidence and good cause to justify the referral of the accused to the magistrate, the police officer will release him on bail, with or without guarantees, and may direct him to appear before the magistrate if necessary.
Cases sent to the magistrate when evidence is sufficient
When the police officer has sufficient evidence and valid reasons, he will refer the accused to the magistrate so that the magistrate can take cognizance of the crime and bring the accused to justice or bring him to justice. If the offense is recoverable on bail, the accused is granted security and released on bail only to appear before the magistrate when necessary and for his daily visit to the magistrate.
Trial diary of an investigation (section 172)
This section relates to the contents of a case diary that every investigating police officer is required to keep. The purpose of this section is to allow the magistrate to know the daily information of a police officer investigating the case. Oral testimonies should not be recorded in this case diary. This diary can be used in court proceedings or investigations, not as evidence but to assist the court in handling the case.
Report from the police following the conclusion of the investigation
A police officer’s final report upon completion of the investigation is to be sent to the magistrate under section 173. This report is commonly referred to as the “charge sheet” or “challan.”
If a superior is appointed by the state government, the report must be sent to the magistrate. And while the magistrate’s orders are pending, he’s forwarding further investigations to the responsible officer at the police station.
If, in the opinion of the police officer, part of the statement in the report he has submitted is not relevant, he asks the magistrate to exclude and disregard that part. Further investigations can also be carried out after the report has been submitted to the magistrate.
Power to Summon Persons
This section authorizes the police to summon witnesses during the investigation to testify to the injuries that the investigating officer found on the body of the deceased. However, it is by no means necessary for him to record the testimonies of the witnesses or have them sign the investigation report. The person questioned in a judicial inquiry is obliged to answer all questions truthfully, except for those that would incriminate her. Refusing to answer questions is an offense under section 179 IPC and willfully providing an incorrect answer is an offense under section 193 IPC. The investigation report is not substantive evidence but can be used to support the evidence presented by the police officer preparing the investigation report.
Conclusion
An investigation is an extremely thorough procedure in criminal law and is conducted in accordance with a procedure established by law.
references
[1] The Code of Criminal Procedure, 1973 [2] H.N. Rishbud v. State of Delhi, AIR 1955 SC 196 [3] S.N. Sharma versus Bipen KumarLawsikho course students regularly create writing assignments and work on hands-on exercises as part of their coursework and continue to develop in real-world practical skills.
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