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Report No. 152

6.2. The present law.-

To begin with, we may refer in brief to the present law on the subject. Chapter 12 of the Code of Criminal Procedure, 1973 which is titled "Information to the police and their power to investigate", confers by section 156, power on an officer in charge of the police station, without the order of the Magistrate, to investigate any cognizable case. The procedure for investigation begins with section 157, under which, inter alia, the investigating officer is expected to proceed to the spot to investigate the facts and circumstances of the case and, if necessary, to take measures for the discovery and arrest of the offender.

Under section 158, the Magistrate himself may direct an investigation or hold a preliminary inquiry. In the majority of cases, the police officer calls the witnesses to the police station under section 160 (to be examined in detail presently) and it may be noted that under section 161, the investigating officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

Section 160 of the Code reads as under-

"160. Police officer's power to require attendance of witnesses.-(1) Any police officer making an investigation under this Chapter may, be order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:

Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

(2) The State Government may, by rules in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

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