Investigation Power of Magistrate Under Criminal Code of Procedure,1973

Investigation includes all the proceedings under the Cr.P.C for the collection of evidence conducted by the police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf.

An investigation means search for material and facts in order to find out whether or not an offence has been committed.

Sometimes a police officer may not be able to conduct an investigation process properly and it may result in the conviction of an innocence so to avoid this situation the Cr.P.C also confers the Investigation power to Magistrate.

It is apparent that ample powers are vested in the magistrate to check arbitrary arrests, police excesses & to enable a more keen probe into the discovery of truth, at various stages of an investigation, and even after filing of the police report. Never should a judge find himself in a situation where he has to make a reluctant confession of acquitting a known culprit due to lack of evidence or investigative failures.

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