FIR, Criminal investigation, Audio-visual recording of scene of crime, Arrest, Custody, Remand and detention by Justice Khastgir

The 2025 edition of this authoritative legal treatise by Justice Khastgir offers a comprehensive and up-to-date analysis of the procedural and substantive aspects of criminal law in India, with a special focus on:

• First Information Report (FIR) – Legal requirements, judicial interpretations, and procedural safeguards.
• Criminal Investigation – Methods, powers of the police, and the evolving role of technology.
• Audio-Visual Recording at Crime Scenes – Legal admissibility, technological standards, and its increasing evidentiary importance.
• Arrest and Custody – Constitutional rights, powers of arrest, and landmark judgments shaping the jurisprudence.
• Remand and Detention – Judicial scrutiny, statutory limitations, and procedural compliance under CrPC.

This edition includes critical commentary on recent Supreme Court and High Court decisions, amendments to procedural laws, and practical guidance for legal practitioners, judicial officers, law enforcement personnel, and law students.

Justice Khastgir brings his judicial acumen and deep understanding of criminal jurisprudence, making this work an indispensable resource for understanding the evolving landscape of criminal procedure in India.

Table of Contents

By Justice Khastgir | 2025 Edition 

PART I – FIRST INFORMATION REPORT (FIR)

1. Definition and Scope of FIR
2. Legal Framework under Section 154 CrPC
3. Who Can Lodge an FIR?
4. Mandatory Registration of FIR – Judicial Mandates
5. Preliminary Inquiry: When and How
6. Delay in Lodging FIR – Its Effect
7. FIR in Cognizable vs Non-Cognizable Offences
8. Evidentiary Value of FIR
9. Multiple FIRs and Counter FIRs
10. Quashing of FIR – Judicial Guidelines under Section 482 CrPC

PART II – CRIMINAL INVESTIGATION

1. Powers of Investigation under CrPC
2. Role of Investigating Officer
3. Supervision and Control by Magistrates
4. Collection of Evidence – Documentary, Oral, and Forensic
5. Role of Medical and Forensic Experts
6. Illegal or Malafide Investigations – Judicial Remedies
7. Fair Investigation – A Constitutional Right
8. Investigation by CBI, NIA and State Police – Jurisdictional Issues
9. Re-investigation, Fresh and De Novo Investigation
10. Filing of Final Report / Charge Sheet under Section 173 CrPC

PART III – AUDIO-VISUAL RECORDING OF SCENE OF CRIME

1. Technological Advancements and Use of AV Evidence
2. Statutory Provisions and Judicial Recognition
3. Guidelines for Video Recording of Crime Scenes
4. Admissibility and Reliability of AV Footage
5. Preservation, Chain of Custody, and Tampering Issues
6. Use in Police Interrogation and Confessions
7. Role of Body Cameras and CCTV Surveillance

PART IV – ARREST

1. Concept and Legal Definition of Arrest
2. Who Can Arrest – Police, Magistrates, Private Persons
3. Grounds for Arrest – Legal Justification
4. Arrest Without Warrant – Powers and Limitations
5. Rights of the Arrested Person
6. Constitutional Protections under Articles 21 and 22
7. Supreme Court Guidelines in D.K. Basu and Arnesh Kumar
8. Procedure at the Time of Arrest – Documentation and Informing Rights
9. Illegal Arrest – Remedies and Compensation

PART V – CUSTODY, REMAND AND DETENTION

1. Police Custody vs Judicial Custody – Key Differences
2. Provisions under Sections 167, 309 CrPC
3. Production Before Magistrate and Remand Orders
4. Maximum Periods of Custody – Legal Limits
5. Detention Beyond 24 Hours – Conditions and Exceptions
6. Preventive Detention – Constitutional and Statutory Provisions
7. Role of Magistrates in Granting or Refusing Remand
8. Bail during Custody and Remand – Legal Considerations
9. Rights of Accused During Detention – Legal Aid, Medical Aid
10. Judicial Review of Custody Orders and Habeas Corpus

PART VI – APPENDICES

• Selected Judgments (SC & HC)
• Model Forms (FIR, Arrest Memo, Remand Application)
• Relevant Provisions of CrPC, IPC, and Indian Evidence Act
• Supreme Court Guidelines (D.K. Basu, Arnesh Kumar, etc.)
• Notifications and Circulars on AV Recording and Custodial Rights