In fact, Criminal Procedure Code is an all-India code. It is a central law. It applies to India as a whole, excepting some areas such as Jammu and Kashmir. Even though police forces are constituted on state basis, an investigating officer can generally exercise his power of investigation throughout India.
For example, Section 161 of Cr.P.C. which gives power to the investigating officer to examine any person as a witness (which is the most important part of the investigation) uses the expression “may examine orally any person supposed to be acquainted with the facts and circumstances of the case”. There is no bar on examining a witness from another state or going to another state and examining a witness there.
Section 165 Cr.P.C. gives power to the I.O. to conduct search without warrant in his own police station area. Section 166 Cr.P.C. empowers the I.O. to require the officer in charge of another police station (whether in the same district or another district) to conduct searches during his investigation. This section also does not lay down any state restrictions.
Further, Section 48 of the Cr.P.C. specifically lays down that “A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.” Thus, an I.O. can arrest an accused person anywhere in India without warrant, if he otherwise has power to arrest him without warrant.
So, the police has the power to conduct investigation anywhere in India wherever the Criminal Procedure Code applies.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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