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Differences Between Reinvestigation And Further Investigation

The act of reinvestigation entails a thorough review and reconsideration of a previously completed investigation, with the intention of uncovering additional evidence or witness, re-evaluating conclusions, or correcting mistakes. This may involve revisiting the scene of a crime, re-interviewing witnesses, or utilizing new forensic methods. For instance, in unsolved cases, law enforcement agencies may conduct a reinvestigation years later, utilizing advancements in technology or pursuing new leads. Similarly, in legal matters, a reinvestigation may occur when new information challenges the original findings. Ultimately, the goal of reinvestigation is to ensure a comprehensive and accurate pursuit of justice by incorporating new perspectives and evidence. Reinvestigation can be ordered by the High Courts and Supreme Court on the petition of the police or complainant or public prosecutor or any third interested party or even the accused after careful consideration of the case.

Further Investigation:
Additional inquiry or examination is known as further investigation, which aims to gather more information, clarify details, or deepen understanding. This phase typically comes after an initial investigation and involves more thorough analysis, interviews, or forensic work. In criminal cases, for example, further investigation may include conducting background checks on suspects, extensively analysing forensic evidence, or seeking expert opinions. In corporate environments, further investigation may involve delving deeper into financial records or conducting more interviews with relevant individuals.

The purpose of further investigation is to improve the thoroughness and accuracy of findings, allowing for better-informed decisions or conclusions. Further investigation can be ordered by the Magistrate or the District Level Judges or even the High Court and Supreme Court on the petition of the police or complainant or public prosecutor or any third interested party or even the accused after careful consideration of the case.

Differences Between Reinvestigation And Further Investigation:
  • The case of Ramachandran v. R. Udhayakumar [(2008) 5 SCC 413] made a clear distinction between 'reinvestigation' and 'further investigation', ruling reinvestigation would effectively nullify any previous investigation. However, previous investigation would not be nullified in further investigation of a case.
  • Reinvestigation is fresh investigation, whereas further investigation is not fresh investigation, but a continuation of the previous investigation.
  • Reinvestigation is "De novo Investigation", while further investigation is "Ulterius Investigation".
  • Reinvestigation cannot be ordered by the Magistrate or other District Level Judges. Only the High Court and Supreme Court can order reinvestigation. Whereas, further investigation can be ordered by the Magistrate or District Level Judges; however, they cannot order reinvestigation of a case.
  • Reinvestigation or further investigation can be ordered by the High Court under section 482 CrPC, whereas only further investigation can be ordered by the Magistrate or District Level Judges under section 178 (8) CrPC.
  • Reinvestigation entails a renewed evaluation of the entire case ab initio (from the beginning), typically triggered by notable developments or deficiencies in the initial investigation. Further investigation entails gathering more evidence after the final report or charge sheet has been submitted to the court.
  • The purpose of a reinvestigation is to correct any mistakes or shortcomings in the original investigation, guaranteeing that all evidence presented is acceptable in a court of law. On the other hand, further investigation endeavours to collect admissible evidence in order to bolster the case and substantiate the prosecution's claims during the trial.
  • Through reinvestigation, alternative approaches are pursued and a range of investigative methods are utilized to attain a more comprehensive comprehension of the subject. Further investigation extends the initial investigation by unearthing additional proof pertaining to the identical crime or occurrences.
  • Reinvestigation entails a broader scope of examination in comparison to further investigation, as it requires a thorough review of the entire case rather than just additional evidence. Further investigation acts as an additional investigation, expanding upon the groundwork established by the initial investigation.
  • A reinvestigation has the potential to reassess the case and potentially alter the initial conclusions or charges based on newly discovered evidence. The newly gathered evidence from the further investigation enhances the understanding of the case without necessarily rendering the conclusions from the original investigation invalid.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565

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