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What to do if the investigating officer does not come to the courts?


14-Jul-2025 (In Criminal Law)
What if the investigating officer (For file on-duty inspector) in a criminal case does not appear in court for three consecutive years? Can someone else be appointed to investigate in his place?
Answers (2)

Answer #1
904 votes
If the investigating officer (IO) does not appear in court for an extended period—such as three years—it can seriously delay the trial. The prosecution may request the court to issue summons or even a warrant to secure the IO’s presence. If repeated efforts fail, the court can direct the department to appoint another officer to submit evidence or continue the case. However, a fresh investigation is not typically ordered just due to the IO's absence, unless there is a specific legal or procedural lapse. You can move an application before the trial court under Section 311 CrPC (to summon material witnesses) or request departmental action through a higher police authority for dereliction of duty. Advocate Arjun Saravanan Rajendra Law Office LLP
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Answer #2
796 votes
If the Investigating Officer (IO) fails to appear for an unreasonably long period (e.g., 3 years), the prosecution can request the court to summon a substitute officer—usually a successor-in-office—to give evidence under Section 293 CrPC (for expert reports) or under Section 311 CrPC, which empowers the Magistrate to summon any witness at any stage if their evidence is essential. You can file a petition under Section 311 CrPC requesting the court to summon the current in-charge officer of the same police station to depose on behalf of the absent IO and submit any necessary records. The court may also issue coercive steps or NBW (Non-Bailable Warrant) against the defaulting IO if his repeated absence is delaying justice. If deliberate negligence is suspected, a complaint can be sent to the Superintendent of Police or DGP requesting departmental action.
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Advocate Venkatakrishnan A M

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