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Special investigation team

(Querist) 08 February 2013 This query is : Resolved 
Under which provision of law a special investigation team is formed by the police for detection or investigation of a crime? What is the evidentiary value of the team members under Indian Evidence Act 1872 regarding admissibility of the evidence of the members of that team who are not the actual I.O of the case? Please opine.
Anirudh (Expert) 08 February 2013
Assume for a while, there is some function that is taking place in your home. You may request some selective persons to do some special work for you. Is there any law which says that you should give that work to that selective persons only?

Take another example, if you are running a business and some work has to be urgently got done, you may ask some of your employees to work extra time, or ask some selected employees to do an urgent work. Whether any law is needed to authorise you to do so? After all, they are your employees and you are putting them to your best advantage to achieve the job at your hand. That's all to it. No law is required for that.

Similarly, if the Police Department utilises its resources for some specific work and calls it a 'special team', it has every right to do it. There is no law required. Whether any individual does it or any special team does it, if the investigation has been done and on that basis some action is taken at that point of time nothing relating to 'evidentiary value' arises. It is only when the court examines such evidence either it will accept or reject. It is not because as to who did the investigation, but because of the strong or weakness of the evidence itself.
Raj Kumar Makkad (Expert) 09 February 2013
I do endorse the advice of Anirudh.
prabhakar singh (Expert) 09 February 2013
Dear S.B.adil rahman!
Do you still have any more doubts?
S.B.adil rahman (Querist) 09 February 2013
Yes sir, the matter is not clear in the light of Section 157 Cr.PC.If any member of SIT records a statement of any witness under section 161 IPC or makes a seizure list of the incriminating articles in connection with a case,then what will be its evidential value? I am reproducing the relevant portion of section 157 CrPC "....and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, 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....". Here the law says to depute one of the subordinate officers for investigation and not all or a few officers or 2 or 3 officers of his choice. It is here that I am confused. Where is the legal provision to constitute the SIT? Please enlighten me with the relevant provision of law or through any rulings or judgements of Apex Court.


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