Police Investigation of a crime- Things you must know

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Crime Overview:

The principal duty of the police is to maintain order and keep us safe. An integral responsibility that comes with that is the duty to apprehend individuals who are a threat to the peace of a community or whose actions adversely affect the safety of others. The process for criminal apprehension and crime investigation is diverse and exhaustive; we simplify the subject so that you can be aware and awakened.


The following sections of Arrest, Custody, Search and Bail will cover information on the procedures that the police must follow what limitations they must work within, rights of the citizens and laws that govern every action that the police take in executing the investigation of criminal cases and apprehension of the culprits.


To begin with it is essential to know the two categories or types that crimes are segregated into in India. They are 'Cognisable' and 'Non-Cognisable'.

What is an Arrest memo?

The memo of arrest must detail the name of the arrested person, the time, date and place of arrest along with reasons for the arrest and what the suspected offence is.


An Arrest Memo or ‘Memo of Arrest’ is a document that the police must file at the time of arrest or immediately on bringing the arrested person back to the police station. It acts as a safeguard against illegal detention by the police.


It has to be signed by the police, two independent witnesses and the arrested person in order to ensure that the memo accurately details all of the facts.

Can the police enter your residence without a warrant?

Yes, the police can enter your private residence or office without a warrant, but only under very limited circumstances. If a police investigation leads them to believe that there is an object which counts as evidence, that they must procure immediately, or if there is a criminal hiding in your house that might flee, then they can enter without a warrant so that they may secure the evidence or felon without any delay.


Under non-emergency circumstance, if the police have reasonable grounds to suspect that you are harbouring a suspect, conducting illegal activities, are hiding stolen goods or evidence or have an illegal weapon in your home then they must first obtain a warrant from a magistrate before they can enter your home.

What is an Inspection memo?

An Inspection Memo is a short description of an arrested individual’s physical condition when they are brought into custody. It must record the general physical condition and note major and minor injuries of the person. This procedure is meant to ensure that there is no beating or torture of the arrested individual by the police while in custody.


Once prepared, the document must be verified and then signed by the arrested individual and the police. The police must give the individual a copy.


It is the right of any individual who is taken into police custody to have an Inspection Memo prepared for them and the law mandates that the police do so.

Bailable offences:

Bailable offences are those offences or crimes that are not very serious in nature. In such cases bail is a right and the arrested person must be released after depositing the bail with the police. The police have the power to grant bail in these types of cases.


The ‘bail’ amount or assurance is collateral that insures that the suspect will make he/she available to the police during the investigation and will appear at the trial.


It is the right of an accused person to be released on bail (in the case of bailable offences) as soon as all the requirements of the set bail has been met. Police cannot refuse to release a person from custody if he/she fulfils all the necessities.


Once bail is granted to a person, it does not mean that they are free. The individual is still a suspect and must appear at court for the trial that will determine whether the accused is guilty or innocent.

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