675+ Lawyers are online 
What are investigating powers and procedures to an I.O. in CR PC & IPC
24-May-2023 (In Criminal Law)
How and under what sections can an IO recover original documents and can the witnesses be named as an accused in case they don’t co-operate and can provisions of chapter-10 of IPC can be applied by the I.O. The Magistrate Court has order the IO to re-investigate the case under Section 173(8) in order to confiscate original sales/purchase deeds signed by the accused and 22 witnesses who have bought shops illegally from the accused persons. Chargesheet has been filed Us 402, 420, 504, 506 . Statement from 22 witnesses has been filed in the charge-sheet stating that the witnesses have bought shops from the accused persons by way of sale/purchase agreements and are also fully aware that the municipal taxes are in the name of the father of the accused persons and would also produce the said documents as and when required. The agreements are unregistered on Rs. 10/= stamp paper and cannot be obtained from any Govt agencies under RTI. The IO states that he can search the accused and witnesses
This is the defect of our system the IO being the master of the circus he can do or undo anything in the invetigation .
92%aquittal is because of it if he is wants to screen the offenders then no body except high court can in writ jurisdiction call upon him. Other court has no power to direct him to carry out investigation in particular form.
The court can not participate in investigation as it has to be neutral and judge the evidence it is police ,and under 173(8) court can not issue reinvestigation as investigation is always open.filng of charge sheet doesn't mean completion of investigation though sec 173 of Cr.RPC states so.
Custodial investigation and under sec27 of evidence act the IO can obtain documents from the accused .as accused has right to defence he cannot be commpled to give evidence against himself.
During trial by calling upon the defence to produce original copy of the document u/s 65 , the document can be brought on record .
92%aquittal is because of it if he is wants to screen the offenders then no body except high court can in writ jurisdiction call upon him. Other court has no power to direct him to carry out investigation in particular form.
The court can not participate in investigation as it has to be neutral and judge the evidence it is police ,and under 173(8) court can not issue reinvestigation as investigation is always open.filng of charge sheet doesn't mean completion of investigation though sec 173 of Cr.RPC states so.
Custodial investigation and under sec27 of evidence act the IO can obtain documents from the accused .as accused has right to defence he cannot be commpled to give evidence against himself.
During trial by calling upon the defence to produce original copy of the document u/s 65 , the document can be brought on record .
Helpful?
37+
37+
Adv. Amresh Sharma
Mumbai | 100+ Answers
CONTACT NOW
hello,
the investigating officer in cognizable offences without warrant can seize and search the property also under section 173(8) the IO has power to search and confiscate relevant documents. the IO has power to do so
the investigating officer in cognizable offences without warrant can seize and search the property also under section 173(8) the IO has power to search and confiscate relevant documents. the IO has power to do so
Helpful?
29+
29+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
