Whenever a crime happens in society, the first person who witnesses it is the victim himself. After the victim, it is the person who is committing the crime. And the third person who goes through that crime is the investigation team. In India, the police have to investigate the Crime scene.
At the Crime scene, the police collect the evidence and note the nature of the crime committed. But after this collection and not making the police or the investigation team invests their time into the preliminary investigation.
Preliminary investigation is subject to Legal Consultation; victims are always advised for the same.
What is the preliminary investigation?
- After clarifying the illegal act, the police will conduct a preliminary investigation.
- A preliminary investigation should be done in case there is reason to believe that wrongdoing has occurred based on the wrongdoing reported.
- The initial examination is usually carried out at the police headquarters where the offense occurred.
- Due to insufficient police assets, the preliminary investigation may take some time in some cases.
What happens during the Preliminary Investigation?
- During the preliminary investigation, the police investigated what happened and what damages the victim of the illegal act suffered.
- The police will examine the survivor, the suspect, and any bystanders, collect evidence, such as various articulations and photographs, and conduct specialized examinations.
- Even the smallest of issues a victim has regarding wrongdoing should be brought to the attention of the police to conduct a basic investigation.
- The inspection time can be agreed upon with the police.
- If a translator is needed, this will be arranged by the police, provided that they are educated at the time the inspection takes place.
- In some cases, the police can also inspect by telephone.
- During appearances and later in court proceedings, the injured party should disclose almost all matters connected with the case and should disclose the essential facts of the case.
- An inspection report will be prepared, and the victim should sign it to confirm the details are correct.
- Changes and additions to be made to the report, if essential, may be indicated before marking.
- In basic and clear-cut cases, the police can mediate a presumptive summary background check if only a fine is to be issued for a statutory offense.
- Such offenses include, for example, endangering traffic safety, petty robbery, and the use of opiate drugs.
- Once the preliminary investigation is completed, the police will collect the material in the preliminary investigation report if it is relevant to further investigation and pass the material on to the examiner.
- The individual and the suspect reserve the right to obtain a duplicate of the basic inspection report.
- If the victim does not need his contact details revealed to the suspect, he should enlighten the police.
What is the purpose of Preliminary Investigation?
The motive behind preliminary investigations is to determine whether a wrongdoing/offense has been committed, to find a competent individual, and to gather evidence for further investigations and procedures.
Who Does Investigations?
The examination is conducted by the public investigator, the Criminal police, and the litigant’s counsel do the inspection. At this point, there is a judge appointed for the preliminary investigation to ensure compliance with procedural guidelines and the privileges of parties.
Main Stages of Preliminary Investigation
- Searching for proof
- The Public Investigator and the Violation Police can organize and carry out searches, inspections, seizure of things and records, assessment of witnesses, wiretapping, electronic reconnaissance, and search of premises.
- The reason for these means is to find and obtain evidence. The respondent’s direction could look for evidence to support it.
- The suspect might be called by the criminal police or public investigator to be interviewed.
- The purpose of cross-examination is to find out whether an individual is committing an illegal act/offense.
3. Arrest, Detention, Preventive custody in prison
- The police officer can detain an individual whenever he is caught in the act of committing an offense/offense or capture him after the offense has been committed in case there is a gamble that he may escape.
- The motive behind the apprehension is to keep away from further wrongdoing and arrest the person.
- The reason for the apprehension is to ensure that the suspect does not escape.
- An adjudicator for a preliminary investigation could conclude that the suspect should be held in custody in jail.
- The reason is to avoid further wrongdoing, to enable the necessary proof to be obtained, and to avoid the idea of the suspect escaping.
Concluding Preliminary Investigations and Hearing
- When the preliminary investigation is over, the public investigator will open the indictment unless he has asked for the case to be excused.
- For most grievous violations, a basic hearing takes place under the steady gaze of the Adjudicator before the preliminary beginnings.
- The role of this hearing is to serve as a channel to evaluate the validity of allegations and avoid unnecessary preliminaries.
- The defendant can choose to be tried in an optional cycle that avoids trial and, if convicted, a reduced prison sentence.
The preliminary investigation is not an “easy affair.” It is aimed at protecting the innocent from the shame, cost, and nervousness of a public trial.
While the option of a preliminary examination before a trial is legal as opposed to sacred, it is a meaningful right and part of fair treatment in the organization of criminal justice.
- There is always a piece of advice from the side legal fraternity to have a legal consultation in cases of preliminary investigation to be on the safest side.
- In the preliminary investigation, the police have an important role, but the citizens or victims have a bigger right to seek remedies and justice from the courts of law.