Assignment topic: Discuss the effective procedure of investigation of criminal cases in

Bangladesh.

Submitted by: Sayma Jaman.

ID: 22307016.

Session: Summer 2024.

Course name: Criminal Procedure I.

Course code: Law 232.

Submitted to: Mahbub Rahman.

Faculty of Department of Law.

Canadian University of Bangladesh

Criminal case investigation is the process undertaken by law enforcement agencies and
investigators to solve a crime. It involves a series of systematic steps aimed at uncovering the
facts surrounding a criminal offense, identifying suspects, gathering evidence, and ultimately
leading to the arrest and prosecution of individuals involved in the crime. The criminal case
investigation process involves a series of steps aimed at solving crimes, identifying suspects, and
gathering enough evidence to support a conviction in court.

The procedure of investigation is incorporated in section 157 of the Code of Criminal Procedure.
Under the Code of Criminal Procedure (CrPC), the investigation of a criminal case generally
goes through several stages. Here's a breakdown of these stages:

1) Filing of First Information Report (FIR):

i) A First Information Report (FIR) is officially treated as the first piece of information
transmitted to the police concerning commission of a major offence.

ii) Section 154 of the code talks about the procedure for recording an FIR for cognizable
offences1.

iii) Section 155(1), of the code talks about the procedure for recording an FIR for non-cognizable
offences2.

2. Preliminary Inquiry (if necessary):

i) A preliminary inquiry is a judicial hearing that is used in serious criminal cases to determine
whether the evidence assembled by the Crown against an accused person is sufficient to proceed
with a trial. In certain cases, such as complaints of non-cognizable offenses, police may conduct
a preliminary inquiry to verify the facts before formally registering an FIR. This inquiry helps
prevent false or frivolous cases from being registered3.

3. Visit to the Crime Scene:

i) After the FIR is registered, the police visit the crime scene to gather physical evidence, analyze
clues, and understand the circumstances surrounding the crime.

4. Examination of Witnesses and Statements:

i) Police officers examine witnesses, record their statements under Section 161 of the CrPC, and
gather relevant information.
1
http://bdlaws.minlaw.gov.bd/act-75/section-20845.html
2
http://bdlaws.minlaw.gov.bd/act-75/section-20846.html
3
http://bdlaws.minlaw.gov.bd/act-75/section-21024.html
ii) Key witnesses may be called to provide statements under

iii) Section 164- before a magistrate, which can be used later in court as evidence. Any police
officer who is in charge of the investigation or any other officer who is acting on the request of
an officer in charge shall and is empowered to examine a witness or person who is acquainted or
aware of the facts and circumstances of the case put before him. Section 161 of the Code confers
powers on police to examine witnesses. The confession recorded under section 164 can be used
as substantive evidence, without being formally proved.

In Balak Ram v. The State of U.P4, it was held that evidence of witness cannot be discarded
merely because their statement was recorded under section 164.

5. Collection of Evidence:

i) Police collect different types of evidence, such as physical evidence, forensic evidence,
documents, and any other material relevant to the case.

ii) Evidence is collected under strict protocols to ensure it remains admissible in court.

6. Arrest of Suspects (if applicable):

i) Based on the evidence, police may arrest suspects if deemed necessary for the investigation.

ii) Arrests must be made following the provisions set out in the CrPC, ensuring suspects' rights
are protected.

Section 46 of the code denotes- Arrest how made:

46.(1) In making an arrest the police-officer or other person making the same shall actually touch
or confine the body of the person to be arrested, unless there be a submission to the custody by
word or action5.

7. Interrogation of the accused person:

i) An interrogation of an accused person is a formal questioning process conducted by law

enforcement officers or investigators to gather information, clarify details, and elicit a confession
related to a crime. During this process, the accused may be asked a series of questions about their
involvement, actions, and knowledge of the crime in question. The interrogation can be
conducted in various ways, including direct questioning, psychological tactics, or even
confrontation with evidence or witnesses.

It's important to note that the accused has rights during this process, such as the right to remain
silent and the right to have legal representation present. The manner in which interrogations are

4
https://www.casemine.com/judgement/in/56e6688c607dba6b53433855
5
http://bdlaws.minlaw.gov.bd/act-75/section-14463.html
conducted can vary by jurisdiction and can be subject to legal regulations to ensure that the rights
of the accused are protected.

ii) Accused persons have certain rights during interrogation, including the right to remain silent
and the right to counsel6.

8. Preparation of Case Diary:

i) Police maintain a case diary under Section 172 of the CrPC7, documenting the details of the
investigation, evidence gathered, and actions taken.

ii) The case diary provides a record that may be used by the court for reference but cannot be
used as substantive evidence in court. A case diary is written as the investigation progresses. The
case diary is prepared by the responsible police officer in course of investigation. The case diary
carries relevant entries about the time of investigation, place visited by the investigation officer,
people met by him, people interrogated by him, evidence collected during investigation, time and
place of meeting with the witnesses, time and place of meeting with the informant and so on. The
investigation officers do not have any discretion to take decision as to whether he will or will not
record the events during investigation in the case diary8.

9. Forensic Analysis (if required):

i) Items like fingerprints, DNA samples, or weapons undergo forensic analysis if needed.

ii) Forensic reports play a crucial role in substantiating evidence and establishing links between
suspects and the crime.

10. Final Report and Charge Sheet:

i) Once the investigation concludes, the police prepare a charge sheet if sufficient evidence is
available against the accused. This report details the nature of the offense, evidence, witnesses,
and circumstances.

ii) If insufficient evidence is found, a closure report is submitted to the magistrate under Section
169 of the CrPC, and the accused may be released.

11. Submission to Magistrate:

i) The charge sheet or closure report is submitted to the magistrate, who reviews it to decide
whether there is a prima facie case.

6
https://educaloi.qc.ca/en/capsules/rights-of-a-person-accused-of-a-crime/
7
http://bdlaws.minlaw.gov.bd/act-75/section-20868.html
8
https://www.thedailystar.net/law-our-rights/case-diary-mirror-investigation-1457461
ii) If the magistrate finds the charge sheet valid, the case proceeds to trial.

iii) A submission to a magistrate under the Criminal Procedure Code (CrPC) refers to the formal
presentation of a case or specific information to a magistrate by law enforcement or legal
representatives. This submission can include various types of documents or requests.

12. Post-Investigation proceeding:

i) After submitting the charge sheet, the judicial process takes over, leading to trial proceedings,
where evidence is presented, witnesses are examined, and the case is argued before the court.
After an investigation there remain the tasks of notifying the parties, dealing with potential
reprisals, and handling any fallout from the investigation process.

These stages are effective for an investigation of criminal cases in Bangladesh. To ensure a
proper investigation system, these stages must be conducted to find a satisfactory outcome. Each
stage must be conducted as per the Code of Criminal Procedure 1898, to ensure a fair
investigation and due process for all parties involved.

Apart from maintaining law and order by engaging themselves in prevention of crime and
enforcement of laws in some petty offences, detection and investigation of crime, arrest of
accused and collection of evidence are one of the major duties of the police force. In absence of
separate investigating agency, the police who are rather busy in a plethora of issues investigate
the criminal offences in a lackadaisical manner. Though separate judicial magistracy started its
journey about seven years ago, delayed, defective and biased investigation of crimes is one of the
major stumbling blocks that haunt our crippling criminal justice system.

Defects in investigation:

The Code of Criminal Procedure does not provide for any specific time limit within which
investigation is to be completed.

Police Regulations also state that even most difficult criminal investigation should not take more
than 15 (fifteen) days if the investigation goes at stretch (Regulation 261). Quite strangely,
criminal investigating department or detective branches, rapid action battalion take longer period
in completing their investigation than the regular police force take.

In practice investigating officers do not record the statements while examining the witnesses, but
subsequently make a summary of what the witnesses said at the time of examination.
Therefore, a faulty investigation leads to miscarriage of justice when there is faulty evidence. It
is worth mentioning that investigation is the basic substratum upon which trial of criminal cases
is founded9.

Bangladesh’s criminal investigation system needs reformation to avoid miscarriages of justice

for individual victims10.

9
https://www.thedailystar.net/loopholes-in-criminal-investigations-25800
10
https://www.thedailystar.net/opinion/views/news/bangladeshs-criminal-investigation-system-needs-
reformation-3692726