WHAT IS CRIMINAL INVESTIGATION?
The criminal investigation is a science that seeks to collect evidence from a crime scene with the purpose to reach out to the criminal. Indian legal system and judiciary stand is very specific and clear when it comes to investigation. Our courts only rely on evidence and witnesses during a trial to identify criminals and punish them. Allegations have no significance if they are not supported by evidence. Thus evidence plays a pivotal role when it comes to getting legal remedy against any crime or wrong committed.
That is why the applied science of criminal investigation developed over a period of time to carry out an investigation and gather evidence to facilitate the conviction of the perpetrator in court. A criminal investigation is a process of scrutiny and inspection done in the criminal domain. Crime is a synchronism or simultaneity of actus reus (guilty act) and mens rea (guilty mind). Criminal investigators delve to find these elements with evidence to support their against the guilty persons in the court of law.
Criminal Investigation is generally of two types: Reactive and Proactive.
In a reactive investigation a crime which is already committed, its investigation is carried out whereas, in a proactive investigation, the investigation begins before the commission of a crime or during its commission in order to prevent it, lessens its consequences, or to catch the criminal.
A criminal investigator relies on various tools while carrying out an investigation. There are 3 I’s which are generally called three basic tools of investigation in criminal realm namely Information, interrogation and interview.
Three tools of a criminal investigation
1. Information
The information comprises of details and data which access knowledge to investigator regarding the perpetrator. While committing a crime offender leaves behind various clues and indicators, for instance, fingerprints, eyewitnesses or his belongings which can help to identify him. These things serve as information to the investigator.[1] Whenever an investigator reaches to a crime scene or its location, he tends to visualize each and every object of it. All the objects are collected and examined to gather information about the perpetrator. But only a few of them are useful. Each and everything which is collected is scrutinized and apparently there are only a few of them which prove useful as evidence. Sometimes criminals fabricate and taint evidence in order to confuse investigators. There is a bundle of information which is available to the investigator but he has to filter all the information and subsequently only an iota of information is left relevant and reliable.[2] Hence, examining information and extracting any clue of the perpetrator is a hectic task for an investigator.
2. Interview
Here interview refers to asking questions to the witnesses of crime in order to extract information from them so that perpetrator could be apprehended. Interviewing a witness require higher skills as an investigator has to draw out each and every fact in the mind of the witness. Investigator has to listen and rewind interviews again and again so that no important part is skipped without considering. That is why interviews are generally recorded or noted down.[3] Sometimes witnesses are not ready to part with the information due to various reasons such as fear or shyness. Thus it requires great persuading skills in investigators to entice or urge these witnesses.
Interviewing a witness isn’t as simple as just asking questions and getting answers rather it requires interactive skills on the part of the investigator where he has to analyze the reliability of information and credibility of the witness itself because not all witnesses give complete and accurate information. Different witnesses give different versions of the same crime scene because they all have a different perspective. At last, the investigator has to examine all the interviews and all the information from different witnesses is then set up in a thoughtful manner to find the true tale of the crime scene and thereby clues regarding perpetrators. Sometimes investigators have to deal with various problems such as witnesses turning hostile in courts for various reasons as they themselves could be the culprit or under some peer pressure.
3. Interrogation
The third tool for criminal investigation is interrogation. Interrogation is a grave level off to the person who is suspected of the offence. When an investigator develops strong reasons to believe that a particular person or group of person could have committed the crime then such a person is arrested. His arrest is followed by questioning at a serious level in order to induce him to confess his crime and disclose the identity of other accomplices who aided or assisted him in crime. It is not necessary that interrogation is done of suspects only, sometime interrogation is carried on against a witness who is not cooperating with the investigator by not disclosing some important piece of information which is material to the investigation.[4]
However, a suspect is provided with various rights while interrogation. Rights such as his submission to the magistrate in 24 hours, informing him the charges of his arrest, right to freedom from coercion, threat, and duress torture, etc., right against self-incrimination incorporated in article 20 of the constitution and further rights such as the right to remain silent, right to get bail and other human rights. Interrogation of a suspect demands virtues of patience, calmness and strong persuading skills in investigators. Sometimes investigator has to go through in negotiations with the suspect in order to bring cooperation from his side by offering him assurance of less punishment, emotionally breaking his firm attitude, etc.
Likewise interview, interrogation also requires careful attention and consideration by the investigator. Generally, suspects or culprits try to misdirect investigators to misguide them from the direction of the investigation and thus give wrong information. Hence, the investigator has to carefully visualize and inspect the reliability of the information given by the suspect.
Conclusion
A criminal investigation is a dynamic concept and thus its techniques and tools keep on changing with the passage of time. The tools which are discussed above are the basic three tools that are accommodated in every criminal investigation irrespective of dynamism of concept. Information facilitating collection of evidence, interviewing witnesses and interrogating possible suspects are three basic fundamental tools of a criminal investigation. Every investigator must excel in these skills to be a good investigator because a lack of these skills directly affects the battle between investigator and perpetrator resulting in the fleeing of the perpetrator from the hands of the investigator.
[1] https://law.jrank.org/pages/1654/Police-Criminal-Investigations-Criminal-investigation-defined.html (last visited on 15june, 2020)
[2] Ibid.
[3] Essays, UK. (November 2018). Criminal Investigation Is The Process Of Discovering Criminology Essay. Retrieved from https://www.ukessays.com/essays/criminology/criminal-investigation-is-the-process-of-discovering-criminology-essay.php (last visited on 16june, 2020)
[4] https://pressbooks.bccampus.ca/criminalinvestigation/chapter/chapter-9-interviewing-questioning-and-interrogation/ (last visited on 16June, 2020)
This Article is Authored by Pooja Sharma, 2nd Year BA LLB Student at University School of Law and Legal Studies(GGSIPU).
Also Read – How Is Evidence Used In A Criminal Trial?
