AI Overview...
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Police Investigation Initiation - Police begin investigations based on information received from sources or informants, often before formal complaint or knowledge of a crime Khurshid Ahmed VS State of Jammu & Kashmir - Supreme Court, State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, Tamil Nadu VS V. Jayapaul - Crimes, U. Gopakumar, S/o. Unnikrishna Pillai VS State of Kerala, Represented By Its Additional Chief Secretary Department of Home, Government Secretariat, Thiruvananthapuram - Kerala, State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, T. N. VS V. Jayapaul - Supreme Court.
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Requirement of Information of a Crime - Generally, police are authorized to record evidence and initiate investigation only after receiving credible information or complaint about a cognizable offence; they cannot arbitrarily investigate without such information State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, Tamil Nadu VS V. Jayapaul - Crimes, U. Gopakumar, S/o. Unnikrishna Pillai VS State of Kerala, Represented By Its Additional Chief Secretary Department of Home, Government Secretariat, Thiruvananthapuram - Kerala, State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, T. N. VS V. Jayapaul - Supreme Court.
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Role of Informants and Sources - Police rely on information from sources or informants to commence investigations; such information forms the basis for registering FIRs and conducting inquiries State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, Tamil Nadu VS V. Jayapaul - Crimes, 00500047979, State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, T. N. VS V. Jayapaul - Supreme Court.
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Legal Framework and Procedural Safeguards - Sections of the Criminal Procedure Code (e.g., Sections 102, 156(3), 190) empower police to investigate upon receiving credible information; courts can interfere if investigations are initiated without a proper basis or on mere suspicion State of West Bengal VS Fulkumari Paswan - Calcutta, State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, Tamil Nadu VS V. Jayapaul - Crimes.
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Court's Power and Judicial Oversight - Courts have the authority to quash FIRs or investigations if initiated without proper information or if evidence suggests abuse of process; they are also empowered to examine whether police acted within their legal bounds D. Santhanam VS State Represented by the Inspector of Police, Chennai - Madras, State of West Bengal VS Fulkumari Paswan - Calcutta.
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Limitations on Police Action - Police cannot record evidence or proceed with investigation solely on anonymous or unverified information without a credible basis; evidence must be rooted in credible information of a crime being committed State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, Tamil Nadu VS V. Jayapaul - Crimes, D. Santhanam VS State Represented by the Inspector of Police, Chennai - Madras.
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Summary - Police are required to receive credible, specific information of a crime before initiating evidence collection and investigation. They cannot arbitrarily record evidence or act solely on unverified or anonymous tips. Courts oversee and can quash investigations if initiated without proper grounds, ensuring investigations are based on genuine information rather than suspicion or hearsay Khurshid Ahmed VS State of Jammu & Kashmir - Supreme Court, State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, Tamil Nadu VS V. Jayapaul - Crimes, State of West Bengal VS Fulkumari Paswan - Calcutta, D. Santhanam VS State Represented by the Inspector of Police, Chennai - Madras.
References:
- Khurshid Ahmed VS State of Jammu & Kashmir - Supreme Court
- K. Subbiah VS State by Deputy Superintendent of Police, Chennai - Madras
- D. Santhanam VS State Represented by the Inspector of Police, Chennai - Madras
- State of West Bengal VS Fulkumari Paswan - Calcutta
- P. Radhakrishnan VS State of Kerala Rep. by the Principal Secretary Department of Home - Crimes
- State of Gujarat VS Manjuben D/O. Kasturbhai Nanjibhai Kunvariya (Devipujak) - Crimes
- M. R. Chandrasekaran VS State of Karnataka - Madras
- State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, T. N. VS V. Jayapaul - Supreme Court
- U. Gopakumar, S/o. Unnikrishna Pillai VS State of Kerala, Represented By Its Additional Chief Secretary Department of Home, Government Secretariat, Thiruvananthapuram - Kerala
- State rep. by Inspector of Police, Vigilance & Anti-Corruption, Tiruchirapalli, Tamil Nadu VS V. Jayapaul - Crimes
Search Results for "Police can Not Record Evidence before Receiving Information of a Crime"
2018 5 Supreme 302 • India - Supreme Court
N.V.RAMANA, S.ABDUL NAZEER
(a) FIR – Informant receiving severe head injury – Going to doctor’s clinic and then to police station – Not disclosing entire sequence ... – Instantly, direct oral evidence available on record coupled with medical evidence, points at the guilt of the accused – Not proving ... bound to prove the motive for a crime – When there is a direct and reliable evidence available on record, motive loses its importance ... It....
2012 0 Supreme(Mad) 1855 • India - Madras
C.S.KARNAN
The defacto complainant was not in the picture - Even though all the accused have retired from service and are receiving government ... So, this case has been filed as an after thought based on anonymous information. ... The prosecution case have been levelled only on the basis of one sided statements - There is no specific evidence for demand and ... So, this case has been filed as an after thought based on anonymous information. The defacto complainant was not in the picture. ... It ....
2021 0 Supreme(Mad) 1856 • India - Madras
M.NIRMAL KUMAR
Police would amount to abuse of process of Court - Hence, FIR registered against petitioners is liable to be quashed and, is hereby ... constitute an offence of rape under Section 376 IPC - Thus, allowing to continue investigation in Crime on the file of 1st respondent ... Cheating and Rape - Criminal Intimidation - Quash of FIR - 1st petitioner called through mobile phone and informed 2nd respondent not ... is not sufficient ground for proceeding against the accused, he shall discharge the accused and record#....
2021 0 Supreme(Cal) 390 • India - Calcutta
SOUMEN SEN, SAUGATA BHATTACHARYYA
of Criminal Procedure, 1973 - Section 102 , 156(3) , 190 and 164 - Sealed restaurant - Investigation - Challenged - Whether in a police ... diary, or otherwise or any part of such record used for any purpose save as provided in the Code - Whether transfer should or should ... appropriate steps in accordance with law - In view thereof, direction upon CJM to try and complete investigation is set aside - CJM shall record ... To find out the ultimate truth in a criminal case, the court is not dependent merely on the #HL_STAR....
• India - Crimes
V.G.ARUN
of justice requires that Special Judge be permitted to look into materials collected by Crime Branch, treating it as information ... 155(4) – Remedy of aggrieved persons was to approach Special Court – While interdicting Police from continuing investigation, interest ... mislead court or to scuttle proceedings pending before it – Even in absence of any complaint, court is at liberty to take action, on receiving ... information regarding commission of offences enumerated under Section 195(1)(b). ... In m....
• India - Crimes
J.B.PARDIWALA, A.C.RAO
(A) Indian Penal Code, 1860 – Sections 302 and 307 read with Section 84 – Gujarat Police Act, 1951 – Section 135 – Criminal Procedure ... raised such a plea and even if defence counsel had not bothered to look into it, still if materials on record in form of documents ... be committed to Sessions Court, fact of accused appellant being mentally ill and suffering from psychiatric problems had come on record ... We started going through the oral evidence on record. ... We do not....
1978 0 Supreme(Mad) 313 • India - Madras
N.R.KUDOOR
Code of Criminal Procedure, 1973-Section 482- Jurisdiction of High Court to interfere with the statutory powers of the police under ... It provides for giving information to the police in cognizable and non-cognizable offences, their power to investigate such case, procedure for investigation, how a report should be submitted when the police officer receiving information has reason to suspect the commission of an offence which he is ... No offence whatsoever has been made out against t....
2004 3 Supreme 434 • India - Supreme Court
RUMA PAL, P.VENKATARAMA REDDI
The appellant-Inspector of Police, after receiving information from some sources, proceeded to investigate and unearth the crime. ... That apart, the question of testing the veracity of the evidence of any witness, as was done in Megha Singh s case, does not arise ... The fact that the said police officer prepared the FIR on the basis of the information received by him and registered the suspected ... The appellant-Inspector of Police#HL_EN....
2019 0 Supreme(Ker) 743 • India - Kerala
S.MANIKUMAR, C.K.ABDUL REHIM
Finding of the court: The finding of writ court that the writ petitioners/appellants have not ... Sd/- Sub Inspector of Police, Kayamkulam” Additional Information deposed by Gopakumar, aged 32 years, S/o. Unnikrishnan, residing at Ikkara House, changankulangara Muriyil, Ochira Village, Kayamkulam. ... Accordingly the Inspector General of Police has filed a report before the writ court. There is no evidence, prima-facie that, for the purpose of exploitation, accused therein have recruited complainants....
• India - Crimes
P.VENKATARAMA REDDI, RUMA PAL
The appellant-Inspector of Police, after receiving information from some sources, proceeded to investigate and unearth the crime. ... That apart, the question of testing the veracity of the evidence of any witness, as was done in Megha Singh’s case, does not arise ... The fact that the said police officer prepared the FIR on the basis of the information received by him and registered the suspected ... The appellant-Inspector of Police#HL_EN....
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