Section 211 of the Companies Act, 2013, has accorded statutory status to the Serious Fraud Investigation Office (SFIO). By virtue of various other provisions of the Companies Act, 2013, SFIO is vested with the requisite legal authority to conduct investigation.
KEYWORDS:-INVESTIGATION TO BE COMPLETED WITHIN TIME FRAME MANNER -DIRECTION BY MAGISTRATE- Registration of an F.I.R. involves only the process of recording the substance of information relating to commission of any cognizable offence in a book kept by the officer incharge of the concerned police station. The police should conduct a thorough investigation and complete the… Continue reading Hamant Yashwant Dhage Vs. State of Maharashtra and Others [SC 2016 FEBRUARY]
KEYWORDS: Re- Investigation-Further investigation 'Further investigation' and `reinvestigation' stand on different footing. It may be that in a given situation a superior Court in exercise of its Constitutional power, namely, under Articles 226 and 32 of the Constitution of India could direct a "State" to get an offence investigated and/or further investigated by a different… Continue reading Virender Prasad Singh vs Rajesh Bhardwaj & Ors [SC 2010 AUGUST]
CHAPTER 4 Investigation of Crime 1. Information of Crime 66. Reports submitted under Section 157 of the Code should be carefully and promptly scrutinized by the Magistrate to whom they are submitted. Scrutiny will not only permit him to decide whether action under Section 159 of the Code is desirable but will also, if he is… Continue reading Investigation of Crime [rules under Criminal Court Rules and order Madhya Pradesh]
CCTNS is a Mission Mode Project under the National e-Governance Plan (NeGP) of Govt. of India. CCTNS aims at creating a comprehensive and integrated system for enhancing the efficiency and effectiveness of policing through adopting of principle of e-Governance and creation of a nationwide networking infrastructure for evolution of IT-enabled-state-of-the-art tracking system around 'Investigation of… Continue reading Crime and Criminal Tracking Network & Systems (CCTNS)
Whether an offence has been disclosed or not must necessarily depend on the facts and circumstances of each particular case. In considering whether an offence into which an investigation is made or to be made, is disclosed or not, the Court has mainly to take into consideration the complaint or the F.I.R. and the Court… Continue reading State of West Bengal and others Appellant Versus Swapan Kumar Guha and others[SC 1982 February]
143. The decision, in STATE OF RAJASTHAN VS. ARUNA DEVI AND OTHERS[Supreme Court Of India, 08 Nov 1994] , has, thus, two important aspects, namely, even after acceptance of the ‘final report', ‘further investigation', at the instance of the police, is permissible even if no permission has been formally obtained from the Magistrate and, if on completion of… Continue reading Whether police, on its own, conduct further investigation after filing final report
‘Investigation', it may be noted, has been defined in section 2 (h) of the code. The Supreme Court, in H.N. Rishbud v. State of Delhi, AIR 1955 SC 196, dealt with the definition of ‘investigation' under the Code of Criminal Procedure, 1898, which is same as under section 2 (h) of the new code, and,… Continue reading Distinction between further investigation and re-investigation
Magistrate's power to direct ‘investigation' under section 156(3) vis-a-vis his power to direct ‘investigation' under section 202. This, in turn, brings us to the question as to what taking of ‘cognizance', within the scheme of the Code, means, when a Magistrate can take ‘cognizance' of an offence, or, when can a Magistrate be said to… Continue reading The distinction between investigation directed under section 156(3) vis-a-vis section 202.
sub-section (1) of section 154 provides that every information, relating to the commission of a cognizable offence, if given orally to an Officer-in-Charge of a police station, shall be reduced to writing by him or under his direction and be read over to the informant and every such information, whether given in writing or reduced to… Continue reading When can a police officer investigate and when can he decline to investigate
The Prevention Of Corruption Act, 1988 S 17. Persons authorised to investigate. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below the rank, (a) in the case of the Delhi Special Police Establishment, of an Inspector of Police; (b) in the metropolitan areas of Bombay, Calcutta, Madras… Continue reading Investigation Into Cases Under The Prevention of Corruption Act 1988
173 (8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate… Continue reading Further investigation by police under [Sec 173(8)
Police Regulation for criminal Investigation[ extract from PRB] 1. Recording of information in General Diary: Officer–in-charge of a police station can record any information in G.D U/S 44 Police Act. 2. Non-cognizable information: O/C of a Police station has no power to investigate a non– Cognizable information, he can record it in G.D U/S 155 CrPC or… Continue reading Criminal Investigation by Bengal Police- PRB Guidelines
The Agency was created by NIA Act 2008 An Act to constitute an investigation agency at the National level to investigate and prosecute offences affecting the Sovereignty, Security and Integrity of India, security of State, friendly relations with foreign States and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations,… Continue reading COUNTER-TERRORISM MEASURES (DOMESTIC)