India
Criminal investigations in India
The police investigate; a magistrate provides oversight and can order an investigation; the prosecutor does not run it — the common-law model, State-policed.
Facts on this page were checked against their sources on .
Criminal investigation is police-led. The officer in charge of a police station may investigate a cognizable offence without prior permission (Bharatiya Nagarik Suraksha Sanhita, section 175(1)), and a magistrate may order an investigation (section 175(3), after considering the officer's submissions). So the police direct the investigation, the magistrate provides oversight and can compel it, and the prosecutor — in the common-law manner — does not run it.
The same idea, explained generally
- What is a criminal investigation?
A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
The Constitution of India (as on 1 May 2024)
Government of India, Ministry of Law and Justice (Legislative Department) · Legislation · 1950-01-26 · link verified 2026-07-27
The official Constitution of India PDF (Ministry of Law and Justice, "As on 1st May, 2024"), fetched and text-extracted; the Seventh Schedule entries and the cited articles were re-confirmed verbatim in two independent passes. Supports the federal division of legislative power under the Seventh Schedule (Article 246): List II (State List) Entry 1 "Public order", Entry 2 "Police (including railway and village police)", Entry 4 "Prisons, reformatories, Borstal institutions… and persons detained therein" — so police, public order and prisons are exclusive STATE subjects; List III (Concurrent List) Entry 1 "Criminal law…", Entry 2 "Criminal procedure…", Entry 11A "Administration of Justice; constitution and organisation of all courts, except the Supreme Court and the High Courts" — so the criminal codes and subordinate-court organisation are concurrent (national); and List I (Union List) Entry 8 "Central Bureau of Intelligence and Investigation". Also supports Article 50 (separation of the judiciary from the executive), Article 124 (the Supreme Court of India), Article 141 (Supreme Court law binding on all courts), Article 214 ("There shall be a High Court for each State"), and Article 235 (High Court control over district and subordinate courts).