Police Regulation for criminal InvestigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed.[extract from PRB]
1. Recording of information in General Diary: Officer-in-charge of a police station can record any information in G.D U/S 44 Police Act.
2. Non-cognizable information: O/C of a Police station has no power to investigate a non–Cognizable information, he can record it in G.D U/S 155 CrPC or 44 Police Act and ask the informant to seek for an order from a competent court for investigation/enquiry of such information (245 PRB).
3. FIR (Cognizable Information): should be recorded by O/C himself (243 PRB) and investigation should be carried out by himself or any other officer as per his direction (244 PRB).
4. Report to magistrate about cognizable offence at once: 245 PRB.
5. Despatch of FIR to other Superior Officer: 246PRB.
6. List of property stolen/misappropriated to be obtained from the informant: 247 PRB.
7. Information of heinous crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. occurring outside jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.: 248 PRB.
8. Searches and seizure list u/s 100, 102,165,166 of CrPC: 280 PRB.
9. Medical examination of wounded person: 312 PRB.
10. Dying declaration: 266 PRB.
11. Sketch Map and Plan: 273 PRB.
12. Post-mortem examination and report: 305, 306PRB.
13. Presence of police officer at the P.M. Examination: 307 PRB.
14. Photographing of unidentified dead body: 314 PRB.
15. Fingerprint of unidentified dead body: 313 PRB.
16. Arrest without warrant: 316 PRB.
17. Unnecessary arrest to be avoided and bail to be allowed: 317 PRB.
18. Register of person arrested: 323 PRB.
19. Medical examination of the arrested person: 328 PRB.
20. Illness of the person arrested: 321 PRB.
21. Accommodation and segregation of male, female and juvenile prisoners: 327 PRB.
22. Guards for lock-up: 329 PRB.
23. Use of handcuff: Prisoners shall not be subjected to more restraint than necessary to prevent their escape, in bailable offence prisoners should not be handcuff unless reason to believe that he can be violent: 330 PRB.
24. Guarding and escorting prisoner arrested: 331, 332 PRB.
25. Death of prisoner in Police custody: 302 (b) PRB.
26. Accused to be forwarded to Magistrate and application for detention in Police custody: 324 PRB.
27. Memorandum of evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 : 274 PRB.
28. Charge sheet: 272 PRB.
29. Final report and discharge of accused person from the case: 275 PRB.
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III. – Investigation.
255. Responsibility of station officer. [§ 12, Act V, 1861]. – (a) The general responsibility for all investigations within the limits of his jurisdiction will rest with the senior Sub-Inspector of the police-station.
(b) No officer of lower rank than a Sub-Inspector shall be employed in the investigation of criminal cases except in unavoidable emergencies when an Assistant Sub-Inspector may be so employed as laid down in regulation 207(c).
256. Investigating officer to consult connected registers before proceeding to investigate. [§ 12, Act V, 1861]. – When an offence is reported, the investigating officer shall consult all registers which are likely to assist him in his investigation, particularly the Village Crime Note-Book, before proceeding to investigate.
257. Abstention from investigation. [§ 12, Act V, 1861]. – (a) Any officer-in-charge of a police-station may, under section 157(b), Code of Criminal Procedure, refrain altogether from investigating a case in which there appears to him to be insufficient ground for investigating.
(b) Police officers shall observe the following broad principles in exercising the discretion vested in them by section 157(b) of the Code of Criminal :-
I. Every cognizable offence, other than one of those enumerated in clause II below, shall ordinarily be investigated, if the informant so desires. If for any special reason no investigation is made, the special reason shall be recorded.
II. No investigation shall ordinarily be made in –
(i) cases in which the injured person does not wish for an enquiry, unless the offence has occurred in a crime centre or appears to be really serious, or may reasonably be suspected to be the work of a professional or habitual offender or a member of a criminal tribe known to be addicted to crime, or unless it is otherwise desirable in the interests of the public that the case shall be investigated ;
(ii) cases which, after consideration of the information and of anything which the informant may have to say. appear to fall under section 95, Indian Penal Code; and
(iii) cases in which the information shows the case to be of a purely civil nature, i.e., where the informant is apparently seeking to take advantage of a petty or technical offence to bring into the criminal Courts a matter which ought properly to be decided by the Civil Courts.
These instructions indicate only general principle, and police officers shall exercise their discretion in every cognizable case that is reported to them.
Note – In the cases referred to in clause II (iii) above, the points to be considered are whether the complainant can obtain adequate redress from the Courts by instituting a prosecution, and whether action on the part of the police is expedient for the preservation of order. When the charge is of enticing away a girl (section 363, Indian Penal Code, and cognate sections), the police should be careful to ascertain that the case is not one of elopement or of a girl running away to her parents on account of ill-treatment, and in cases of cattle theft that it is not a mere dispute as to ownership, or as to the payment of the price of an animal purchased.
(c) In cases where investigation is refused the complainant or informant shall be informed in B.P. Form No. 37 or 37A of the fact and of the reasons for abstention.
258. Investigation on the spot. [§ 12, Act V, 1861]. – If the officer-in-charge of a police-station decides that an investigation is necessary, after despatching a First Information Report, he shall himself proceed to the spot or depute a subordinate to hold an enquiry, who shall not be below t,he rank of Assistant Sub-Inspector. In a case where the complaint is not of a serious nature, and is made against a person known, clause (a) of section 157, Code of Criminal Procedure, does away with the legal necessity for a local investigation, but it is very seldom that advantage should be taken of this section. In rural areas, it is permissible only when a case of a simple nature is brought to the police complete, the complainant and witnesses being present. In towns, the investigation may be conducted at the police-station if it is close to the scene of crime.
259. Investigation outside jurisdiction. [§ 12, Act V, 1861]. – Subject to the provisions of section 156, Code of Criminal Procedure, no station officer may be deputed to undertake the duties of, or conduct a special enquiry in, the jurisdiction of another police-station, without the sanction of the Circle Inspector or any officer of higher rank. [See. regulation 189(u)].
260. Harassment of the public to be avoided. [§ 12, Act V, 1861]. – Investigating officers should carefully abstain from causing unnecessary harassment either to the parties or to the people generally. Only those persons who are likely to assist the inquiry materially should be summoned to attend. Where possible, the investigating officer should himself go to the house of the witness to be examined. The proceedings should be as informal as possible. The questioning of witnesses should ordinarily be conducted apart, and in a manner that will not be distasteful to them.
261. Duration of investigation. [§ 12, Act V, 1861). – (a) The investigating officer shall, whenever possible, pursue the investigation to its completion without a break in continuity.
(b) The investigating officer may, for the purpose of following up any clue or conducting an enquiry which may be done more easily and expeditiously in person than by correspondence, proceed beyond the limits of his jurisdiction, but he shall report his intention to the Inspector before proceeding.
(c) Circle Inspectors shall see that investigating officers complete their investigations as required by section 173, Code of Criminal Procedure, and that the provisions of clause (b) are not abused. If the directions in clause (a) are strictly observed, it should rarely be necessary to prolong the investigation of even the most difficult case beyond 15 days.
(d) The practice of delaying the submission of the final report after the completion of the local enquiry on the spot shall be discouraged. It is the duty of Superintendents and even more of Inspectors to insist that investigations in cases in which the accused are known are brought promptly to a conclusion.
(e) When a Magistrate forwards a complaint to the officer-in-charge of a police-station for investigation, it shall, whenever possible, be completed within the timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) fixed by the Magistrate for that purpose. If this is not possible, the investigating officer shall, in any event, report by the prescribed date the progress made and the date by which he expects to complete the investigation.
The same procedure shall be followed when an enquiry is made into a complaint referred to the police under section 155 {1) or section 202, Code of Criminal Procedure.
262. Complaints of ill-treatment against the police by arrested persons. [§ 12, Act V, 1861]. – Directly an accused person is placed under arrest, the investigating officer shall ask him whether he has any complaint to make of ill-treatment by the police, and shall enter in the case diary the question and answer. If an allegation of ill-treatment is made, the investigating officer shall then and there examine the prisoner’s body, if the prisoner consents, to see if there are any marks of ill-treatment, and shall record the result of his examination. He shall further consider and note whether there is any reason to believe that marks found are attributable to other causes than ill-treatment such as resistance to arrest. If the prisoner refuses to allow his body to be examined, the refusal and the reason therefor shall be recorded. If the investigating officer finds that there is reason to believe the allegation of ill-treatment, he shall forward the prisoner with his complaint, the record of corporal examination, any other evidence available, and if possible the police officers implicated by the prisoner’s complaint, to the nearest Magistrate having jurisdiction to enquire into the case.
263. Case diary. [§ 12, Act V, 1861]. – (a) Section 172, Code of Criminal Procedure, prescribes the case dairy which an investigating officer is bound by law to keep of his proceedings in connection with the investigation of each case. The law requires the diary to show-
(i) the time at which the information reached him;
(ii) the time at which he began and closed his investigation;
(iii) the place or places visited by him;
(iv) a statement of the circumstances ascertained through his investigation.
Nothing which does not fall under one of the above heads need be entered, but all assistance rendered by Panchayats or presidents or members of union beards shall be noted. When the information given by the Panchayat or president or a member of a union board is of a confidential nature, his name shall not be entered in the case diary, but the investigating officer shall communicate his name and the information obtained from him in a separate report, and shall at the same time note briefly in the case diary that this has been done.
Under heads (iii) and (iv) shall be noted the particulars of the house searches made with the names of witnesses in whose presence search was made (section 103, Code of Criminal Procedure); by whom, at what hour, and in what place arrests were made; in what place property was found, and of what description; the facts ascertained; on what points further evidence is necessary, and what further steps are being taken with a view to complete the investigation.
The diary shall mention every clue obtained even though at the time it seems unprofitable, and every step taken by the investigating officer, but it shall be as concise as possible. The statements of witnesses shall not be recorded in the diary, but the names of all witnesses examined shall be given. The diary shall be a record of acts done by the officer and of the facts ascertained by him, i.e., of the result of his investigation.
(b) A diary so composed, that is a diary which does not contain the statement of witnesses, is privileged. The Court may send for it and may use it, not as evidence, but as an aid in judicial enquiry or trial, but the accused has no right to call for it, or to see it even if referred to by the Court; the only exception is that when it has been used by the police officer who made it to refresh his memory or when the Court use it for the purpose of contradicting such officer, then the provisions of section 145 or section 161 of the Evidence Act, 1872 (I of 1872) shall apply.
264. Instructions for writing case diary. [§ 12, Act V, 1861]. – (a) Case diaries (B.P. Form No. 38) shall be written up as the enquiry progresses, and not at the end of each day. The hour of each entry and name of place at which written shall be given in the column on the extreme left. A note shall be made at the end of each diary of the place from, the hour at, and the means by which, it is despatched. The place where the investigating officer halts for the night shall also be mentioned. A specimen case diary is given in Appendix XVI.
(b) A case diary shall be submitted in every case investigated. The diary relating to two or more days shall never be written on one sheet or despatched together. Two or more cases should never be reported in one diary; a separate diary shall be submitted in each case daily until the enquiry is completed. But it is not necessary to send one on any day on which the investigation, though pending, is not proceeded with.
(c) The diary shall be written in duplicate with carbon paper, and at the close of the day the carbon copy, along with copies of any statement which may have been recorded under section 161, Code of Criminal Procedure and the lists of property recovered under section 103 or 165 of that Code, shall be sent to the Circle Inspector. In subdivisions when there is a Sub-divisional Police Officer, another copy of the diary in special and misconduct report cases shall be made out by the carbon process and submitted to him. This copy shall be preserved for one year. When an investigation is controlled by an Inspector of the Criminal Investigation Department, the investigating officer shall forward the Circle Inspector’s copy of the case diary through that officer who shall stamp or write on the diary the date of receipt by him and, after perusal, forward it to the Circle Inspector.
(d) In special report cases an extra carbon copy shall be prepared of the diaries, statements of witnesses recorded and lists of property recovered and sent direct to the Superintendent and a further carbon copy to the Sub-divisional Police Officer where there is one.
(e) Each form shall have a separate printed number running consecutively throughout the book so that no two forms shall bear the same number. On the conclusion of an investigation the sheets of the original diary shall be removed from the book and filed together. Every file shall be docketed with the number, month and year of the First Information Report, the final form submitted, and the name of the complainant, the accused, and the investigating officer. The orders regarding preservation and destruction of these papers shall also be noted.
(f) When sending charge-sheet to the Court officer, the investigating officer shall send all his original case diaries which shall be returned by the Court officer on the case being finally disposed of (vide regulation 272).
(g) Case diaries shall be written in English by those officers competent to do so. Other officers shall write their diaries in the vernacular. Statements recorded under section 161, Code of Criminal Procedure, shall, however, always be recorded in the vernacular, except when recorded by European officers.
(h) Instructions for the custody and despatch of case diaries are given in regulation 68.
265. Recording of statements under section 161, Criminal Procedure Code. – Besides the diary an investigating officer has discretion, under section 161 of the Code of Criminal Procedure, to record or not the statement of any witness examined by him. All such statements shall be signed and dated by the officer recording them and when taken in his presence, by the superior officer locally supervising the case. No such recorded statement shall be used for any purpose (except the following) at an enquiry into or trial of the case in which it was recorded. When, however, the witness, whose statement has been so recorded, is called for examination by the prosecution, the accused is, under section 162 of the Code, entitled to request the Court to refer to the statement, and the Court is bound to do so. The Court shall also direct the accused to be furnished with a copy thereof in order that any part of such statement, if duly proved, may be used to contradict such witness as provided in section 145 of the Indian Evidence Act, 1872. Only if the Court considers that any portions are irrelevant or that its disclosure is not essential to the interests of justice, and is inexpedient in the public interests it shall exclude such part from the copy of the statements furnished to the accused. The rule regarding the confidential treatment of case diaries is, mutatis mutandis, applicable to statements recorded under section 161, Code of Criminal Procedure.
266. Dying declaration. [§ 12, Act V, 1861]. – (a) If it is net possible to have the statement of a person whose evidence is required and who is in imminent danger of death recorded by a Magistrate and it becomes necessary for some other person to record a dying declaration, this shall be done, whenever possible, in the presence of the accused or of attesting witnesses. A dying declaration made to a police officer shall be signed by the person making it.
(b) If a seriously injured person, not in imminent danger of death, is sent to hospital the investigating officer shall warn the medical officer about having the person’s statement recorded by a Magistrate, should the necessity for such a course arise.
(c) In case of doubt whether action under clause (a) or under clause (b) should be taken, the investigating officer shall act in accordance with clause (a).
267. Police may not decide question of lunacy. [§ 12, Act V, 1861]. – It is not for a police officer to decide whether a person charged with a cognizable offence is or is not a lunatic. He will deal with the case as if the person were sane, and if an offence be proved, will send the prisoner up for trial. But the investigating officer shall ask the Court to have an enquiry made regarding the mental condition of the accused as soon as he shows signs of insanity and he shall not send up witnesses for the prosecution without previously ascertaining whether in the opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. of the Court the prisoner is capable of making his defence.
268. Investigation of non-cognizable cases. [§ 12, Act V, 1861]. – (a) On receipt of a copy of the complaint from a Magistrate directing an investigation to be made by the police under section 155, Code of Criminal Procedure, in a case which is not cognizable by the Police or ordering the Police to enquire under section 202 of that Code together with the intimation of the date by which the report of the investigation or enquiry shall reach him, the police officer concerned shall, if, he is unable to report by the date fixed, send a report on or before such date explaining the delay and stating on what date the report is expected to reach him. The complainant should be informed of the date so fixed and directed to appear before the investigating officer at the scene of the occurrence.
(b) Sub-divisional Police Officers or Circle Inspectors shall watch the working of these sections so far as they affect the police and bring to the notice of the Superintendent any irregular orders passed by Magistrates or the excessive use of this procedure. (See regulation 21.)
269. Binding down of witnesses. [§12, Act V, 1861]. – (a) Unless the District Magistrate otherwise directs, the witnesses shall be bound down to attend before the Magistrate as soon as they can reach his Court, except when the occurrence of a gazetted holiday renders it improbable that the case can be heard at once, in which case they shall be bound down to appear on the morning of the next day after the holiday or holidays. If any delay is allowed for the convenience of the witnesses or for any other special reason, the circumstances shall be at once reported to the Magistrate.
(b) To enable the Court officer to prepare himself for the case in time for the trial, charge-sheets shall be sent so as to reach him at least one clear day before the date fixed for trial. The final diary shall contain a summary of the case and a synopsis of the evidence against the accused.
270. Number of witnesses to be sent up. [§ 12, Act V, 1861]. – It lies with the police, subject to general instructions from the Magistrate, to determine what evidence is necessary to establish a charge, and what number of witnesses are required to prove each fact. Much will, of course, depend on whether the fact is seriously disputed or not. Where the fact to be proved is not likely to be disputed, unnecessary witnesses should not be harassed by being sent in. Under section 171, Code of Criminal Procedure, no witness or complainant can be required to accompany a police officer. A witness refusing to execute a bond may be sent up in custody.
271. Information from post or telegraph office records. – Records of a post or telegraph office shall be produced and information available in them shall be given by the postmaster or telegraph master on the written order of any police officer who is making an investigation under the Code of Criminal Procedure; but only those entries in the records shall be disclosed which relate to the persons accused of the offence under investigation, or which are relevant to that offence. In any other case the postmaster shall refer for orders to the Postmaster-General, who will decide whether or not, under section 124 of the Indian Evidence Act, 1872, the information required shall be withheld. When the information required by a police officer is not available in the records of the post office, the police officer shall be informed accordingly, irrespective of the question whether the information, if available, might or might not be given.
272. Chargesheets. [§ 12, Act V, 1861]. – (a) When an officer-in-charge of a police-station on completion of an investigation under Chapter XIV, Code of Criminal Procedure, finds the charge proved and proposes to proceed against any person, he shall, notwithstanding that he has failed to arrest all or any of the persons against whom the charge is proved, at once submit a charge-sheet in B.P. Form No. 39, which is the report prescribed under section 173, Code of Criminal Procedure. Thus a chargesheet shall be submitted when the accused is absconding or is sent up for trial in custody or on bond (section 170, Code of Criminal Procedure). In cases where an accused is absconding, the investigating officer shall submit with the chargesheet a list of the absconder’s property so that the Court may issue attachment orders.
(b) The following instructions shall be observed :-
(i) The charge-sheet shall be sent by the quickest means to the Court officer for submission to the Magistrate. When a prima facie case is made out in a case in which articles have, been sent for chemical analysis, the charge-sheet shall not be delayed till receipt of the Chemical Examiner’s report. If a case in the first instance is reported in final report form, but subsequently by the Magistrate’s order or otherwise, the accused person is placed on his trial, the final report form shall be cancelled and a charge-sheet submitted. If, on transit from a police-station to the Court, an accused person absconds, the charge-sheet form shall stand. The case shall be kept pending till the absconder is arrested, or till his arrest is considered hopeless.
(ii) When submitting a charge-sheet, the officer-in-charge of a police-station shall communicate in B. P. Form No. 40 or 40A, the action taken by him to the person, if any, by whom information relating to the commission of the offence was first given.
(iii) Lists of property stolen, lists of property found on parties arrested, reports on previous convictions, the bail and recognisance bonds executed under section 170, Code of Criminal Procedure (Forms XXV and XXVI of Schedule V, of the Code), and a map in cases in which the rules require a map, shall be attached to the chargesheet form. Only the precise particulars as required by the column headings shall be noted in the chargesheet. The chargesheet shall be given an annual serial number and counterfoil shall be kept at the police-station. Superior officers of police may not return or detain a chargesheet once submitted by the investigating officer. They may, however, direct a further enquiry pending the instructions of the District Magistrate. If the correct name or address of the accused has not been ascertained the investigating officer shall ask that a remand be applied for.
(iv) A police officer sending up an accused person for trial shall certify on the back of the chargesheet that he has carefully examined the register of persons convicted (Village Crime Note-Book, Part II), and that he has in all other respects made full enquiry whether such accused person has been previously convicted. A similar certificate shall be given regarding absconders against whom a charge is proved. Should previous convictions be ascertained, a short report of all particulars concerning them, including the names of any person who can prove each previous conviction, will be sent with the chargesheet to enable the Court officer to prove them under section 511, Code of Criminal Procedure. In addition to the certificate referred to, the investigating officer, when the accused is charged with an offence for which enhanced punishment can be given on re-conviction, shall note on the back of the chargesheet as to whether the accused has resided in his jurisdiction for a period of more or less than 10 years.
(v) When the entry regarding the previous conviction of the person sent for trial would, under existing rules, be in the register of another station, the investigating officer will note this fact on the chargesheet and inform the officer-in-charge of that station that such a person is being sent for trial, in order that the latter may search his station register and supply direct to the Court officer the required particulars about his previous conviction. On receipt of this report, the Court officer shall attach it to the chargesheet. The receipt, however, of such information in no way relieves a sadar Court officer from the performance of the duty of searching the index to the register of convictions and ascertaining whether any conviction other than those noted by the station-police are entered therein against an accused person. Enquiries should not be made in Nepal as the antecedents of person professing to reside-in that State.
(vi) On the duplicate of the chargesheet shall be entered in red ink the number of the volume and page of the conviction (Village Crime Note-Book, Part II) and surveillance registers in which the convict’s name has been registered, and in all cases declared true, whether convicted or not, the number of the entry in the property register, if any, shall also he noted.
(vii) The antecedents of each accused person shall be noted on the back of the chargesheet under one or other of the following heads :-
(1) Known thief, dacoit, robber.
(2) Vagrant with no fixed residence.
(3) Suspicious character.
(4) Habitual drunkard.
(5) Prostitute.
(6) Good character.
(7) Antecedents unknown.
273. Map or plan to accompany chargesheet in certain cases. [§ 12, Act V, 1861]. – (a) A map or plan shall always accompany the chargesheet in cases of murder, dacoity, serious riot, mail robbery, highway robbery, extensive burglary or theft where Rs. 600/- or more are stolen. Ordinarily, maps will not be required in cases other than those mentioned above; but the investigating officer may, at his discretion, prepare and send up a map in any other case. The map shall be prepared at as early a stage of the investigation as possible.
(b) The map shall, if possible, be drawn to scale, but this is not essential. If not drawn to scale, the fact shall be noted clearly on the map.
(c) The draughtsman or investigating officer who prepares the map shall bear in mind that it is essential for a correct appreciation of the situation by the Court and jury that a clear distinction should be made between (i) facts actually seen by the draughtsman himself, and (ii) facts deposed to only by witnesses. Statements made by the draughtsman as to the first group are always relevant, his statements as to the second are prima facie inadmissible and cannot be used as primary evidence to go to the jury.
It is necessary to maintain a suitable distinction in the map between these two sets of facts. This distinction shall be effected as follows :-
(i) The objects actually seen by the person preparing the map including such permanent features as buildings, trees, roads, paths and tangible points connected with the case, such as blood-stains, footprints, cloth and corpse, etc., actually seen by him shall be indicated by letters of the alphabet, A, B, C, D etc., explanations of these letters being given preferably in the margin of the map, but if this cannot be conveniently done, the explanations shall be furnished on a separate sheet of paper attached to the map.
(ii) Particulars derived from witnesses, e.g., the place where witness X is said to have stood, where the accused is said to have been standing when seen by X, where the blow was struck, etc., shall be indicated on the map by the numbers 1, 2, 3, 4, etc. The explanations of these numbers, however, shall on no account be given on the face of the map or on the separate sheet of paper referred to above, but on another sheet of paper distinct-from either the map or the list of explanations of the actual facts indicated by letters.
(d) The number of the case and the name of the accused shall be given at the top of the map, and the signature of the person who prepared it at the foot. Use should always be made of cadastral and other maps, where they are available and are of sufficiently large scale.
(e) The draughtsman or the investigating officer who prepared the map shall be produced as a witness at the trial.
274. Memo of evidence. [§12, Act V of 1861]. – Simultaneously with the submission of the chargesheet and its annexures, the investigating officers shall submit to the Court officer a memorandum of evidence in B.P. Form No. 41A to be attached to the final case diary. A copy of the memorandum should also be sent to the Superintendent of Police.
The memorandum of evidence shall be kept apart and shall not form part of the case diary during the pendency of the case.
275. Final report forms. [§ 12, Act V, 1861]. – (a) A final report in B.P. Form No. 42 shall be drawn up by the investigating officer in every investigated case which does not result in chargesheet. In column 9 a clear statement of the case and of the evidence shall be given together with the reasons for not sending up any person for trial. The investigating officer shall also suggest in the same column with reasons how the case may be entered by the Magistrate in the General register for statistical purposes whether as “true”, “intentionally false”, “mistake of fact”, “mistake of law”, or “non-cognizable”.
(b) The form shall be written in triplicate every final report being given an annual serial number. One copy will be kept at the police-station and filed with the case diaries on receipt of the final memorandum and the other two copies will be sent to the Circle Inspector, the actual date and hour of despatch being entered on all the three copies. The Circle Inspector will attach one copy to his copy of the case diaries and forward the other to the Magistrate with his remarks and recommendations. [See regulation 196],
(c) The final report shall contain a specific application for the release of an arrested person from custody or his discharge from bond. Bail and recognisance bonds shall be attached to the final report.
276. Magisterial orders on final reports. – (a) On receipt of the final report, the Magistrate may accept the police finding and declare the case accordingly or may. under section 196(3), Code of Criminal Procedure, order further enquiry on specified points or may take cognizance under section 190(b) of that Code, and. if the persons accused have not already been arrested issue process against them under section 204 of the Code and require the investigating officer to furnish the names and addresses of the witnesses.
(b) When further enquiry is ordered, it shall be entered on and completed as soon as possible. If, on the completion of such enquiry, the investigating officer considers the.charge proved, he shall submit a chargesheet form ; if not, he shall submit a final report in the usual way.
276A. Discharge report. – (a) A discharge report in B. P. Form No. 42A shall be drawn up by the Investigating Officer in the case of every person arrested and proposed to be discharged for want of evidence or for any other cause. The report shall contain a clear statement of the reasons for such discharge. No such report will, however, be necessary for a person whose discharge or release is recommended in Final Report under regulation 275(c) or who has been shown as “not sent up for trial” in column 2 of a chargesheet in B.P. Form No. 39.
(b) The report shall be written in triplicate with an annual serial number. The first two copies will be sent to the Circle Inspector, who will forward the original to the Magistrate with his remarks and recommendations and attach the second copy to his copy of the case diaries. The third copy will be kept at the police-station and filed with the case diaries on receipt of the final memorandum.
(c) In the case of persons arrested and released on bail from the police-station, the bail and recognisance bonds shall be attached to the original discharge reports.
277. Revival of investigation. [§ 12, Act V, 1861]. – (a) If, in any case in which a final report has already been made, any information or clue is obtained, the investigation shall be re-opened and shall be conducted by such officers as may be detailed to do so by the officer-in-charge of the station.
(b) When the investigation of any case is revived, the foregoing regulations shall apply to such further investigation in like manner as to the original investigation.
(c) If a revived investigation leads to the collection of evidence sufficient to justify a trial, a chargesheet shall be drawn up, in accordance with the foregoing regulations. Otherwise, a supplementary final report shall be prepared and dealt with in the same manner as an original final report.
278. Communication of action taken to informant on completion of investigation. – On completion of the investigation when a final report in B.P. Form No. 42 is submitted the investigating officer shall under section 173(l)(b), Code of Criminal Procedure, communicate to the informant in B.P. Form No. 43 or 43A, the action taken by him.
279. Procedure in false cases. [§ 12, Act V, 1861]. – (a) Whenever a case reported to the police is found after investigation to be maliciously false, the investigating officer shall, if evidence is available for prosecution of the complainant under section 182 or 211, Indian Penal Code, submit to the Magistrate, through the Circle Inspector, a formal complaint, attached to his final report, to enable the Magistrate to take cognizance of the case under section 190, Code of Criminal Procedure [under proviso (aa) to section 200 of that Code, the Magistrate need not examine the complainant]. The investigating officer shall at the same time furnish the Court officer with a brief of the case.
(b) Prosecutions against complainants in false cases shall be instituted only when the charge made are deliberately and maliciously false and not when they are merely exaggerated.
(c) The Circle Inspector shall, after satisfying himself that the complaint is well-founded and that all possible enquiries have been made to collect the requisite evidence, forward the complaint to the Magistrate.
(d) If a complaint case referred to the police for investigation is found to be maliciously false, the investigating officer shall submit, together with the final report, a report to the Magistrate through the Circle Inspector giving the grounds on which the case is held to be false and recommending as to whether the complainant should be prosecuted.
280. Searches. [§ 12, Act V, 1861]. – (a) The law in regard to searches is contained in Chapter VII and sections 102 and 103, 165 and 166, Code of Criminal Procedure. These sections must be scrupulously followed. The officer conducting a search should take precautions to prevent the possibility, on the one hand, of any article being introduced into the house without the knowledge of the inmates, and on the other, of any articles being taken out of the house while the search is in progress. Search should be made in the presence of the owner or some one on his behalf. The presence of search witnesses [vide clause (h) below] must not be looked upon merely as a formality, but they must actually be eye-witnesses to the whole search and must be able to see clearly where each article is found. They should then sign the search list (B.P. Form No. 44). If any search witness be illiterate, it should be read over to him and his left thumb impression should be taken on it. Where the witnesses do not know English, it should be written in the vernacular. The suspected person whose property is seized, should, if present at the search, also be asked to sign the list. Should he refuse, a note will be made to this effect and it should be certified to by the witnesses. The suspected person, or in his absence, the person in charge oi the house or place searched, should be given a copy of the search list. He will be given an opportunity of comparing it with the original and be asked to sign an acknowledgement for the copy of the original list. Should he refuse, a note to that effect should be made and should be certified to by witnesses. In cases where no property is seized the search list should be crossed vertically and signed by the search witnesses and the owner of the house.
(b) Only searches for any specific article, which is known, or reasonably suspected to be in any particular place or in the possession of any particular person, can be made without warrants. General searches without warrants are illegal and the only search which can be made without warrant is under section 165, Code of Criminal Procedure. There must be some specific thing necessary for purposes of investigation and there must be reasonable ground for believing that it is in a particular place and that delay in search is likely to interfere with the recovery of property. The police officer must record in his diary (i) the ground of his belief and (ii) the thing he is looking for, and must as soon as practicable send a copy of such record to the nearest Magistrate empowered to take cognizance of the offence [section 165 (ii), Code of Criminal Procedure]. No place should be searched without a warrant merely because the occupier is a registered bad character or absconding offender. Such a search should be made only under the circumstances given in section 165, Code of Criminal Procedure, and when the police officer has reason to believe that the thing searched for will be found in the place to be searched. Provided that reasonable suspicion exists and a definite article (or articles) is (or are) searched for, the police are entitled to search the house of an absconding offender, whether he has been proclaimed or not. Police officers should note in their diaries the reasons for search, though they are not obliged to give the name of the person upon whose information they act. The name, father’s name and residence, etc., of any person producing keys of any locked receptacles or claiming ownership of articles seized should always be noted in the case diary.
(c) Under section 165(2) of the Code of Criminal Procedure, the officer-in-charge of the police-station or the investigating officer, who must not be below the rank of Sub-Inspector, must, if practicable, perform the actual search in person. Only when he is incapacitated from so doing can he depute another officer to make the search and when he does so depute another officer he must first of all record his reasons for doing so and then give written orders to the officer deputed specifying what the search is for and where it is to be made. A verbal order given on the spot will not fulfil the requirements of the section.
(d) Before the commencement of the search the person of every police officer who is to conduct it, as also that of every witness and informer shall be examined before the witnesses and the owner of the house or his representative.
(e) The law does not require a search under the Code of Criminal Procedure, to be made by daylight, except those under section 14 of the Opium Act, 1878, but there are advantages in searching by daylight, and a searching officer should consider whether a house-search should proceed by night or whether daylight should be awaited. Matters must be so arranged as to cause as little inconvenience as possible to the inmates, and especially the women.
(f) When suspected property is found in a house all the property in the house is not to be seized. Property seized must be either alleged or suspected to have been stolen or found under circumstances which create a suspicion of the commission of an offence, and nothing can justify the seizure of the whole of a man’s property because he is suspected of having stolen some particular article or articles.
(g) The number of witnesses required to attend a house-search depends on the circumstances of each particular case, and no hard-and-fast rule can be laid down. The witnesses selected should be residents of the same or adjoining villages. If necessary, such residents may be served with an order in writing to attend and witness the search.
(h) Care should be taken that the witnesses are, so far as possible, unconnected with any of the parties concerned or with the police, so that they may be regarded as quite independent. Whenever possible, the presence of the Panchayat or headman of the village shall be obtained to witness a search. Under no circumstances should a spy or habitual drunkard or any one of doubtful character be called as a search witness. Reasons for rejecting any person as a witness to the search should be noted in the case diary.
(i) Whenever it becomes necessary for a search to be made for arms illegally possessed, a warrant must invariably be obtained under section 25 of the Indian Arms Act, 1878 (XI of 1878) from a Magistrate. Such searches can only be conducted by, or in the presence of, an officer of, or above, the rank of Sub-Inspector. No police officer is authorized of his own motion to make a search for arms illegally possessed (vide section 30 of the Act).
(j) In order to satisfy the Court as to the identity of articles alleged to have been discovered at a house-search and to prevent irregularities, the officer conducting a search under sections 103 and 165, Code of Criminal Procedure, shall prepare a list in triplicate in B. P. Form No. 44 of the property of which he has taken possession and shall forward it to the Court officer by the first available dak after the search together with a report regarding the search. One copy of this list will be sent to the Court officer together with copies of the records prescribed under section 165(5) of the Code. One copy of the list only shall be given to the householder or his representative and the third copy will remain with the investigating officer. On receipt in the Court office, this list shall be stamped with the date of receipt and the record put up before the Magistrate. Investigating officers are required to note carefully the instructions contained in the headings of the form and are enjoined to conduct searches under such conditions that there may be no room for suspicion on the part of the witnesses that articles have been surreptitiously introduced by them or their constables or chaukidars, or anyone whatever under their influence, with a view to their being included in the list of property actually discovered in the place under search. Witnesses should be allowed free access to the place being searched and be given every facility to see and to hear everything that transpires.
All articles or weapons found at a house-search or on the person of a prisoner shall be carefully labelled and if a charge-sheet is submitted in the case, shall be sent to the Court officer. The labels shall be signed by the officer conducting the search.
(k) If the warrant is issued in form No. 8 of Schedule V of the Code of Criminal Procedure, or if the search is made without a warrant or on a warrant issued under section 98 of the Code, the police are not authorized to take away anything except the specified thing for which the search was directed or made, but in all cases in which the Magistrate proceeds under paragraphs 3 and 4, sub-section (1) of section 96 of the Code of Criminal Procedure, and directs in his warrant that there should be a general search followed by a more careful inspection at the police-station or some other convenient place, papers and documents and other articles need not be examined and initialled piece by piece in situ. They should be collected and packed in bundles. These bundles or receptacles should be closed or locked, as the case may be, and must in all cases be sealed or marked by the search witnesses and entered in the search lists. For instance, the contents of a desk drawer should be collected, packed together and marked and initialled by the search witnesses. For example, it might be marked AA/1 Any other bundles, packages, papers or documents similarly packed up together might be sealed or marked AA/2, AA/3, etc., etc. All these packages may be packed for easy carriage in a large receptacle which should in this case be marked A and should contain all the AA bundles or packages. Subsequently these bulky boxes or packages should be very formally opened by the search witnesses who sealed or marked and signed them during the search, and their contents should be gone over piece by piece, examined, kept or rejected, but in every instance initialled and dated by the search witnesses and the police officer in question. Each of these pieces must bear the initial letters and the serial of its original bundle plus its own serial number in that bundle. Should any difficulty be experienced in getting a search witness to examine the documents at the police-station, it will be open to any police officer to call in the assistance of the Court to compel the attendance of such search witnesses at the Court to open the bundles, boxes, etc. Should he refuse to sign the contents of the bundle, the police officer should, if possible, invoke the help of an Honorary Magistrate or such other officers as may be available.
281. Searches by State Police in British IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more and Police in Indian British Indian States. [§ 12, Act V, 1861]. – When the police authorities of an Indian State consider that, in the interest of law and order, a house in British India should be searched, an officer not below the rank of an officer-in-charge of a police-station should apply direct to the officer-in-charge of the police-station in which the search is required to be made. The latter should then proceed to make the search as he would upon a requisition made under section 166(1) of the Code of Criminal Procedure.
Mutatis Mutandis, the same procedure should be followed by the police of British India when it is necessary to search a house in an Indian State.
The rules relating to arrests under the Indian Extradition Act, 1903, are contained in Appendix XX.
282. Identification of suspects. [§ 12 Act V, 1861]. – (a) Whenever it is necessary to submit a person suspected to have been concerned in any offence to identification, the proceedings should be conducted whenever possible in the presence of a Magistrate, or of a Sub-Registrar or, if no such officer is available, in the presence of two or more respectable persons not interested in the case who should be asked to satisfy themselves that the identification has been conducted under conditions precluding collusion. The identification proceedings should be undertaken as soon after the arrest of the suspected person or persons as possible, and care should be taken that before the commencement of the proceedings the identifying witnesses are kept in charge of a Court peon or other person not being a police officer at such distance from the place where the proceedings are held as to have no chance of seeing the suspects. The suspected persons should, if possible, be paraded along with 8 or 10 persons, or, if there are more than one suspect, with as many as 20 or 30 persons, similarly dressed and of the same religionReligion ‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma. and social status. Care should be taken that the mixing up of the suspect or suspects with the other persons does not take place in view of the police officers and the witnesses. Each identifying witness should then be brought up singly in charge of the Magistrate’s orderly or some other person, not being a police officer, to pick out the accused if he is able to do so. The identification by such witness should be conducted out of sight and hearing of other witnesses. If there is any fear that the identifying witnesses may be subjected to threats or injury, should they become known to the suspects or to their friends, the witnesses should be allowed to view the persons paraded from a place where they themselves cannot be seen, as for instance through a window or an opening in a door or a wall. When the officer conducting the identification has satisfied himself that no communication between the police and the witnesses was possible, he should give a certificate to this effect.
(b) A statement in B.P. Form No. 45 should be prepared when suspects are presented for identification, and when the identification is not held in the presence of a Magistrate, the witness should be prepared to testify to the fairness of the manner in which the identification was effected in the proper columns.
(c) These regulations apply only to instances in which suspects have been arrested and have to be confronted with witnesses who express themselves able to recognise them by appearance, although not previously acquainted with them. When as frequently happens, the complainant or other witness states that amongst his assailants he recognised certain persons of his acquaintance, either by their appearance or by their voice, his credibility is a matter for the Courts and no departmental rules can become applicable.
(d) It should be borne in mind that the primary object of identification proceedings is to test the ability of the witness to identify a suspected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and honesty is less likely to be called into question by the defence when the case is under trial, and when conducting the proceedings he is not acting in a judicial capacity (unless the case is under trial before him). It is not his duty, therefore, to record statements or put questions to suspects or witnesses except such as are necessary for the purpose of identification. While on the one hand the identification should be conducted with complete fairness and impartiality, on the other hand no attempt should be made to confuse or puzzle a witness or to create conditions which would render a witness who is honestly capable of identifying incapable of doing so.
(e) Test identification shall, whenever circumstances permit, be held inside the jail. The above rules are applicable in the case of an under-trial prisoner or a suspect in jail. Men on bail shall not be mixed up with under-trial prisoners except with the permission of the Magistrate. In the case of confessing accused, separate test identification parade shall be held unless the Magistrate insists that it is essential to mix confessing with non-confessing accused and hold the test identification parade simultaneously. In Sub-divisional jails the accused shall, if necessary, be mixed up with outsiders for holding the test identification therein, as very few under-trial prisoners of similar nature and of the same social status are available there for the purpose.
(f) In rioting or other cases the police shall keep the persons arrested during the occurrence district from those arrested afterwards on suspicion of having taken part in it. Police officers shall use the utmost care to prevent the identity of rioters and other offenders caught in the act from being impugned at the trial. The names of the offenders and of the persons arresting or identifying them shall be recorded as soon as possible in all cases, before the prisoners are removed in custody from the spot; and the place and hour of arrest shall be most accurately noted. Offenders caught red-handed shall be kept quite distinct from those arrested on suspicion.
(g) When a suspect refuses to attend a test identification parade no action can be taken in the absence of any evidence other than evidence of identification. When, however, there is other evidence against a suspect and he refuses to appear at a test identification parade he shall be sent for trial on the strength of such other evidence. During the trial, evidence of such refusal shall be led in favour of the prosecution. At the time of trial, the suspect will be in the dock and available for identification by the witnesses. Whenever a suspect refuses to attend a test identification parade, the Magistrate holding the parade shall be requested to make an appropriate note of the fact in B.P. Form No. 45 and if the suspect is later sent for trial, the Magistrate shall be examined as a witness to prove the refusal.
283. Verification to confession. – (a) (i) When an accused or suspected person volunteers a confession it should be recorded in detail by a police officer who, if it appears to be true, shall take immediate steps for its verification. Such verification should include the tracing and examination of witnesses named or indicated in the confession and the search for, or the recovery of stolen property or other exhibits material to the investigation.
The officer recording the confession shall further arrange for the confessing person to be sent to Magistrate in order that the confession may be judicially recorded.
(ii) Anything which savours of oppression or trickery in obtaining a confession must be avoided. The aim of a police officer should be to obtain circumstantial and oral evidence so convincing that the accused person cannot escape. If he succeeds in obtaining such evidence, the confession will often follow and will materially strengthen the case, but to seek to obtain the confession first and the corroborative evidence afterwards is to reverse the proper order of proceedings. If, however, a confession is volunteered in an inquiry, every effort must be made to ascertain if there is evidence corroborative of any point in the confession which can he verified. A statement purporting to be a confession will often be made in order to mislead the inquiring officer, and such statements are very rarely true in all particulars, and also are frequently made in order to throw blame on other persons, or with a view to deter from further inquiry. Also they are generally retracted in Court, in which case, if they stand alone and uncorroborated, they have little or no probative value. There is thus every reason for testing so-called confessions very carefully and not accepting them as final and conclusive, and stopping the inquiry.
(b) (i) Every confession which a person in police custody wishes to make should be recorded by the highest Magistrate short of the District Magistrate who can be reached in a reasonable time. Confessions can be recorded only by Presidency Magistrates, Magistrates of the first class and Magistrates of the second class specially empowered by the Provincial Government.
(ii) Investigating police officers should not be allowed to be present when a confession is recorded. The Magistrate should satisfy himself in every reasonable way that the confession is made voluntarily. It should be made clear to the prisoner that the making of a statement or not is within his discretion. Cognizance of complaints of ill-treatment by the police should be promptly taken and any indications of the use of improper pressure should be at once investigated. Confessions should ordinarily be recorded in open Court and during Court hours, provided that if the Magistrate is satisfied, for reasons to be recorded in writing on the form of confession, that the recording of the confession in open Court would be liable to defeat the ends of justice the confession may be recorded elsewhere. The immediate examination of an accused person directly the police bring him into Court should be deprecated, and, when feasible, a few hours for reflection in circumstances in which he cannot be influenced by the police should be given him before his statement is recorded.
(c) After a confession which relates to more than one case and discloses the activities of a gang of criminals, has been judicially recorded, it should be verified by a police officer and ordinarily an Inspector should be deputed for this purposes. Should any particulars not be capable of verification without the presence of the confessing accused, an application should, with the approval of the Superintendent, be made to the District Magistrate to depute a subordinate Magistrate to verify them with his assistance. When such an application is made, a copy of the translation of the confession, together with details of the specific points that it has not been found possible to verify in the absence of the accused, must accompany the application.
(d) The verification should be made with a view to discover evidence corroborative of the facts disclosed in the confession and case diaries should be submitted showing for each case all the evidence and information available on the points mentioned below :-
(i) Name, father’s name, residence, age and personal description of each member of the gang.
(ii) The route taken by the gang.
(iii) The chief incidents during the journey of the gang from start to finish, i.e., meeting with any person, visits to shops or houses for food, oil, light, axes, etc., the hiring of carts, boats or carriages, buying tickets at railway stations, crossing ferries, etc.
(iv) The arrival of the gang at the scene, of occurrence and the preliminary arrangements made, lighting torches, cutting sticks, etc.
(v) The commission of the crime, rooms entered, doors broken, persons tied up or assaulted, cries uttered, or threats used, boxes taken away, chests broken, open, property taken, etc.
(vi) The division of stolen property.
(vii) The breaking-up of the gang and the homeward route taken, etc.
(e) If a confession is made by a convict undergoing imprisonment it should be judicially recorded before action is taken on it. Thereafter if it appears to have been made bona fide and not to implicate his enemies or persons who have given evidence against him it should be verified as described in clause (c) above. If a magisterial verification of any points is necessary the Provincial Government should be moved to suspend the man’s sentence temporarily under section 401, Code of Criminal Procedure, as a condition of which suspension Government will require him to remain under the charge of the subordinate Magistrate whom the District Magistrate may select for the purpose.
(f) If the prisoner has been confined in jail in default of finding security, the Provincial Government may not suspend his sentence, as he has not been imprisoned for an offence within the meaning of section 401, Code of Criminal Procedure. In such cases he may be released on bail, if it is forthcoming, or if not, the District Magistrate may cancel the bond under section 125 of that Code. In either case, on release, he should be rearrested and charged with an offence under sections 400 or 401, Indian Penal Code, and made over to the Magistrate in order that his confession may be recorded if this has not already been done) and verified, if needed.
(g) The object of any magisterial verification will be to verify specific points in confessions when certain places or persons cannot be discovered without the assistance of the confessing accused.
(k) (i) During such verification the Magistrate deputed shall be responsible for the safe custody of the prisoner and shall have sole charge of him, but the latter shall on no account be put in a police-station lock-up. No police officer of any rank shall have access to him except with the written permission of the verifying Magistrate and in his presence, and a record shall be kept of all such interviews permitted. Ordinarily such permission should not be given to any police officer directly connected with the investigation.
(ii) The prisoner shall be guarded by peons arranged for by the verifying Magistrate, when such arrangements are considered sufficient to prevent the escape of or any attack on the prisoner. When the custody of peons is considered insufficient, the verifying Magistrate should apply to the District Magistrate for a guard from the Special Armed Force, but the men of this guard shall be forbidden to hold any communication with the investigating police or to converse with the prisoner, the personal wants of the prisoner being attended to by the Magistrate’s peons under the eyes of the guard. (Government of Bengal Order No. 3571-P. D., dated the 6th September, 1912.)
(iii) Where the use of handcuffs or other bonds is deemed necessary, the provisions of regulation 330 shall be followed.
284. Procedure to be followed to secure transfer of confessing prisoner from one jail to another. – If it is desirable that a prisoner be removed from one jail to another for the purpose of verifying his confession, the following procedure should be followed :-
(i) When the two prisons are in the same province, application should be made to the Inspector-General of Prisons to direct the transfer under section 29(2) of the Prisoners Act, 1900 (III of 1900).
(ii) When the two prisons are in territories under two different Provincial Governments, application should be made to the Provincial Government concerned for securing the transfer under section 29(1) of the Act referred to above.
It will also meet the circumstances if proceedings are instituted against the confessing prisoner in the district to which he is to be removed and an order is then applied for under section 37 of the Act to the Court having jurisdiction in the form set forth in the Second Schedule of the Act. This procedure should be followed also in the case of all other prisoners, who are accused in the gang case. The removal of prisoners confined beyond the limits of the appellate jurisdiction of the High Court can be effected in the manner laid down in section 40 of the Act.
285. Interview with convicts in jails. [§ 12, Act V, 1861]. – (a) Attention should be paid by Superintendents and police officers generally to the very important subjects of obtaining information from criminals after their conviction. Such information should be received and acted upon with caution, but it can and should be obtained, and a good police officer should know how to utilise it.
(b) It should be distinctly understood that the main object of interviewing a convict is not to obtain a confession but information. On many occasions an outbreak of crime has been eventually traced to new gangs, ana, therefore, when the investigation has established that none of the gangs known to the police have been concerned in the outbreak, the investigating officer will frequently obtain a clue to the gangs concerned from a convicted prisoner in jail whose home,is in the affected area. Much useful information can also be obtained from convicts regarding receivers and the whereabouts of stolen property.
(c) It may sometimes happen that from the demeanour in Court or at jail parades of a convicted person, the Court officer may consider that such person can be interviewed with advantage. In such cases it is the duty of the Court officer to report accordingly to the Superintendent.
(d) No police officer shall be permitted to interview or interrogate any prisoner in confinement in jail without the permission of the Magistrate of the district, or, in his absence, of the Magistrate in charge, or, if the prisoner be confined in the Presidency Jail, without the permission of the Commissioner of Police, Calcutta, or of the Inspector-General. The permission shall be given in the form of a written order addressed to the Superintendent of the jail. The permission shall be obtained through the Superintendent of Police, or in his absence, through the officer-in-charge at headquarters. As a rule permission to interview a convicted prisoner in jail should not be accorded to an officer below the rank of Sub-Inspector, and, whenever possible, the interview should take place in the morning during the hours when the Civil Surgeon or Superintendent of the jail is visiting the jail.
(e) If in the course of an interview a convict makes a statement which amounts to a confession, the officer to whom the statement is made shall at once inform the Superintendent of Police who shall either personally interview the convict or depute an officer not below the rank of Inspector to record the statement. If the confession is of an important nature implicating a gang of dacoits or professional criminals, the Superintendent shall immediately forward a copy of it to the Deputy Inspector-General, Criminal Investigation Department, or in political cases, to the Deputy Inspector-General, Intelligence Branch. The Deputy Inspector-General shall, on receipt of the confession or statement, use his discretion under regulation 616, whether he will immediately assume control of the investigation or leave the case to be dealt with by the local authorities under the control of the Deputy Inspector-General of the Range. Pending receipt of orders from the Deputy Inspector-General, Criminal Investigation Department or Intelligence Branch, the Superintendent shall take steps to have the confession recorded by a Magistrate and to follow up any clues furnished by the confessing prisoner.
(f) It must be understood that the above regulation applies to statements made by convicted prisoners in jail. The procedure to be followed when a person accused or suspected of a crime volunteers a confession and the method of verification of it have been laid down in regulation 283.
286. Remission of sentence. – (a) When a convict undergoing imprisonment for a substantive offence is tendered pardon in another case or when a person on conviction on his own plea of guilt is examined as a prosecution witness against the co-accused, it may be desirable, in consideration of the service rendered to the prosecution, to move the Provincial Government to remit or suspend under section 401, Code of Criminal Procedure, the whole or any portion of the sentence he is undergoing. Such remission or suspension of sentence shall ordinarily be on the conditions noted below and the violation of any of the conditions shall, under clause (3) of section 401 of that Code, entail the revoking of the order of suspension and his arrest and commitment to jail to undergo the unexpired portion of the sentence :-
(i) The convict in whose favour the order was passed shall report himself at the police-station within whose jurisdiction he resides at such intervals as may be ordered by the Superintendent.
(ii) He shall notify his intention to change his residence to the officer-in-charge of the police-station one week before he changes his residence.
(iii) He shall within one week of his arrival at his new residence report himself at the police-station.
(iv) He shall not associate with known bad characters.
(v) He shall not commit any fresh offence.
(vi) If he intends to absent himself temporarily for one or more nights from his place of residence, he shall notify the fact personally, or through the village chaukidar, to the officer-in-charge of the police-station or outpost within which he is at the time residing, stating the place or places to which he intends to proceed, and the probable dates of his arrival thereat and return therefrom respectively.
(b) Applications for the suspension or remission of sentence under section 401, Code of Criminal Procedure, should be made in B.P. Form No. 46, and should be accompanied by all information necessary to guide the Provincial Government in the exercise of its discretion.
The period for which it is intended that the conditions shall remain in force should be definitely specified in the application and it must also be stated that the prisoner had consented to the imposition of the conditions.
287. Proceedings under sections 107 and 145, Criminal Procedure Code. [§ 12, Act V, 1861]. – (a) Reports for proceedings to be taken under section 107 or section 145, Code of Criminal Procedure, shall be submitted in duplicate in B.P. Form No. 36. One copy showing the result of the case shall be returned direct to the station officer by the Court officer in lieu of a final memorandum.
(b) In column 4 shall be entered the names of such persons as are considered responsible for a likelihood of a breach of the peace and who should be bound down. These may include names of agents, servants or partisans to the cause of dispute. In a report for proceedings under section 145, Code of Criminal Procedure, this column shall remain blank.
(c) If a copy of the Magistrate’s order under section 145, Code of Criminal Procedure is served by the police, it should be served promptly in the manner laid down by law, and every effort should be made to serve it personally on the parties.
(d) In investigating cases of land disputes likely to cause a breach of the peace, the one and only point for determination is to ascertain which party is in actual present possession of the disputed area. In collecting evidence of possession, the investigating officer shall examine people holding or cultivating land in the vicinity and shall note any remarkable feature, such as boundary marks, etc., bearing on the question of possession. It is not necessary to go into documentary evidence, except so far as it throws light on present possession e.g., a very recent Civil Court decree followed by delivery of possession or record-of-rights recently, carried out, etc., may be examined with advantage.
When the investigating officer finds one party in possession, he shall ask the Magistrate to take action against the other under section 107 or section 144, Code of Criminal Procedure, and if he finds himself unable to collect definite evidence of possession, he shall ask for action under section 145 of that Code. The report shall always contain in addition to the reasons for apprehending a breach of the peace a summary of evidence, oral or documentary, which throws light on present possession.
288. Proceedings under section 109, Criminal Procedure Code. [§ 12, Act V, 1861]. – (a) When circumstance arise which justify proceedings being taken against a man under section 109, Code of Criminal Procedure, he should be arrested under section 55 of that Code, and if unable to furnish bail sent to the Magistrate. If, however, immediate drawing up of proceedings is contemplated, the prisoner should be forwarded to the Magistrate with the necessary witnesses, with a request to draw up proceedings at once and to take the necessary evidence. If for any exceptional reason further enquiry is considered desirable before drawing up proceedings either for the purpose of verifying the prisoner’s antecedents, collecting further evidence or otherwise, the Magistrate should be moved to grant a remand under section 167, Code of Criminal Procedure. In such a case it will ordinarily be sufficient to send copies of the entries in the diary relating to the case as required by section 167(7) and witnesses need not be sent unless the Magistrate particularly wishes to examine them.
It should be borne in mind that the prisoner can only be retained in custody in default of bail for a total period of 15 days under section 167, Code of Criminal Procedure, before the actual drawing up of proceedings under section 109. In case the prisoner is remanded to jail custody without drawing up any proceedings and without any specific charge under section 109, Code of Criminal Procedure, should be noted in the jail warrant. It is to be observed that the circumstances which justify an arrest are identical with those which justify proceedings and are described in practically identical terms in section 55(a) and (b) and section 109(a) and (b) of the Code of Criminal Procedure.
(b) If the Magistrate declines to grant a remand under section 344, Code of Criminal Procedure, in order that the previous history of the accused may be ascertained, when the circumstances justifying the arrest have been proved and the publishing drawn up, the Court officer shall then move the Magistrate to require the accused to enter upon his defence, and if the accused fails to give a satisfactory account of himself, to make an order under section 118 of that Code.
289. Proceedings under section 110, Criminal Procedure Code. [§ 12, Act V, 1861]. – A Sub-Inspector having formed an opinion that there exists in any village a habitual thief or a gang of them shall proceed to open a history sheet for them as laid down in regulation 401 and shall quietly, without making his object known, make enquiries to ascertain whether in fact the man or men are habitual thieves and whether evidence will be forthcoming against them. If he believes that evidence will be forthcoming he shall report confidentially to the Inspector and the latter, after taking orders of the Superintendent or Sub-divisional Police Officer, will find out from the Sub-divisional Magistrate or other Magistrate who is to take up the case, when he will be able to visit the place to make the enquiry. A fortnight or so before the date fixed by the Magistrate for going to the spot, the Sub-Inspector, accompanied by the Inspector, if possible, shall go there, examine witnesses, fill up the prescribed form, and if evidence is sufficient, arrest under section 55, Code of Criminal Procedure, the person proceeded against. If he finds that evidence is not forthcoming (but this should not often occur if he has made his preliminary enquiries carefully) the proceedings will be dropped. The persons arrested shall be sent to the Magistrate, who should be moved by the Court officer to draw up proceeding, to read them over to the accused, and to pass an order as to bail and fix an early date for the hearing of the case. On the date fixed he will go to the spot and should usually be able to finish the case on the same day.
290. Evidence in Proceedings under section 110, Criminal Procedure Code. [§ 12, Act V, 1861]. – (a) In cases under section 110, Code of Criminal Procedure, evidence of general repute must form the main basis of the prosecution. Under section 117(3) of the Code evidence of general repute is admissible to prove that a person is a habitual offender.
(b) The points to bear in mind in connection with evidence of repute are –
(i) That the witnesses should themselves be of good repute and in a position to know the reputation of the accused.
(ii) That they should be drawn, if possible, from different classes of the community and not only from the village of the accused, but also from neighbouring villages.
(iii) That they should be free from any suspicion of grudge against the accused. In particular, if party faction exists in the village, it must be made clear that the evidence against the accused is not due to faction.
(iv) That the witnesses should speak of their own belief and not that of other people, and that their belief carries little or no weight unless it is based on some reasonable ground.
(c) Evidence of general repute may be corroborated by proof of-
(i) Previous convictions.
(ii) Want of any known means of livelihood, or manner of living in excess of such means.
(iii) Association of the accused with other bad characters.
(iv) Absence of the accused from his house, especially at night.
(v) Occurrence of crimes at or near the place visited by the accused, coincident with such absence.
(d) Evidence as to habitual or casual association with known criminals and bad characters is most important, the inference naturally being that the person who so associates is himself a bad character, and proof of association is necessary to justify more persons than one being tried together under section 117(4), Code of Criminal Procedure. Equally important also is the inference to be drawn from dacoities and other crimes occurring at or near places visited by the accused and coincident with such visits. [Vide section 11(2) of the Indian Evidence Act].
(e) A statement in B.P. Form No. 47 shall accompany a report under sections 109 and 110, Code of Criminal Procedure.
(f) In the report for proceedings, no more should be stated than it is proposed to endeavour to prove. Before the enquiry is held a note shall be prepared for the use of the Court officer of the evidence obtainable from records and to be given by each witness; and this evidence shall be grouped, so far as circumstances permit, according as it relates to prevalence of crime, suspicion in particular cases, movements under surveillance, association, free living without apparent means of livelihood, general repute, or any other facts it is proposed to prove.
(g) In the case of bad-livelihood proceedings against gangs, it is essential that the evidence should not only be generally arranged in the manner described in clause (f), but it should also be clearly stated and briefed as against each individual accused.
291. Investigation of cases of collision between inland steam-vessels and between inland steam-vessels and country boats. [§ 12, Act V, 1861]. – (a) When a report is made by the master of an inland steam-vessel under section 32 of the Inland Steam-Vessels Act, 1917, to the officer-in-charge of a police-station –
(i) such officer shall reduce the report to writing and shall at the same time record the statement of the injured party (if any) if available;
(ii) if the place of occurrence be within the local limits of any other police-station, such officer shall forthwith inform the officer-in-charge of that police-station ;
(iii) a copy of the report and of the statement (if any) shall forthwith be submitted to the Magistrate in charge of criminal work at district headquarters, or, if the place of occurrence be in a subdivision, to the Sub-divisional Magistrate; provided that, in cases of casualties occurring within the limits of the port of Chittagong, such report shall be submitted to the Port Officer, Chittagong;
(iv) pending the orders of the Magistrate referred to above, no arrest shall be made by the police, under Chapter XIV of the Code of Criminal Procedure, with a view to a prosecution for an offence under section 280 of the Indian Penal Code, but witnesses may be examined and their names and addresses recorded, so that it may be possible to procure their attendance if it is decided to prosecute;
(v) if the Magistrate above referred to is of opinion that an investigation under section 33 of the Inland Steam-Vessels Act, 1917, is necessary, he shall submit a report of the case to the Provincial Government;
(vi) if he considers that no such investigation is required and that the facts of the case disclose the commission of an offence punishable under section 280 of the Indian Penal Code, he may direct the officer-in-charge of the police-station concerned to take cognizance of the offence; and
(vii) in cases of serious accidents, such as boiler explosions, or where a vessel is badly damaged, or where a doubt arises as to whether from a technical point of view the vessel is fit to ply, a copy of the First Information Report submitted to the District Magistrate or the Sub-divisional Magistrate concerned shall be furnished to the nearest Marine authority, viz., the Principal Officer, Mercantile Marine Department, Calcutta, or the Nautical Surveyor, Chittagong, according as the place of accident is near Calcutta or Chittagong.
(b) If the officer-in-charge of a police-station receives information relating to the commission of an offence under section 280 of the Indian Penal Code by the master of an inland steam-vessel, he shall adhere to the following rules, namely :-
(I) if he has reason to believe, either on information received under clause (II), or on other grounds, that a report has been made by the master of the inland steam-vessel concerned to the officer-in-charge of some other police-station under section 32 of the Inland Steam-Vessels Act, 1917, –
(i) he shall reduce the information to writing and shall take steps to secure the names and addresses of witnesses and to safeguard any property produced ;
(ii) he shall also submit a copy of the information forthwith to the Magistrate described in clause (a)(iii);
(iii) pending the orders of the above Magistrate he shall not make any arrest under Chapter XIV of the Code of Criminal Procedure, with a view to a prosecution for an offence under section 280 of the Indian Penal Code;
(II) if he has no reason to believe that such a report has been made, he shall proceed to investigate the case under Chapter XIV of the Code of Criminal Procedure. (Bengal Government Notifications No, 1792J. dated the 16th June, 1912, and No. 3133J., dated the 14th July, 1913.)
292. Investigation of cases in which British soldiers are concerned. – (a) Under the orders of the Central Government (i) on the occurrence of a serious affray between British soldiers and villagers, (ii) in all cases in which there is reason to suspect that an Indian has met his death at the hands of a British soldier, the investigation shall be conducted at once on the spot by the Superintendent, unless the District Magistrate himself investigates or orders a European Civil officer to investigate.
(b) With the assistance of military officers, immediate and full enquiry among the soldiers shall be made in such cases. The military authorities are under the absolute obligation of giving immediate information to the civil authorities and of assisting them in the investigation. Magistrates of districts should also co-operate with the regimental officers in conducting investigations in these cases.
(c) The post-mortem examination of an Indian who is suspected to have met his death at the hands of a European, shall invariably be made by the Civil Surgeon, except where this is not possible, owing to the Civil Surgeon being at too great a distance from the scene of the occurrence.
(d) In every instance, prompt information of the occurrence shall be sent, where possible by telegram, to the Civil Surgeon of the district as well as to the District Magistrate and the Superintendent.
293. Expenses of witnesses and investigating officers incurred in the investigation of cases. [§ 12, Act V, 1861]. – (a) Bills for expenses of witnesses who are not servants of the Crown for diet money and the cost of travelling by railway or long distances by boat or read in the interests of police investigations shall be sent to the Superintendent for sanction and payment. Such expenses should only be incurred in cases of considerable importance.
(b) The bills after being passed by the Superintendent shall be paid from his contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. contingent grant and the amount made over to the witness concerned, if he is present, or sent to the Superintendent of the district, or to the officer-in-charge of the police-station, in which the witness resides, to be paid to the person entitled to the sum. A receipt for the amount paid shall in all cases be taken from the actual payee.
(c) Superintendents, when passing these bills, shall see that police officers have not neglected their duty of themselves going to the scene of the crime and interrogating the witnesses there. The true object of the rule is to provide for those important cases in connection with which the witnesses have to be brought from other districts to identify accused persons or to describe on the spot the progress of events connected with the crime. The bills should be passed and cashed with all possible promptitude.
(d) All charges incurred by police escorts on account of travelling and diet expenses of witnesses arrested under warrants issued by Criminal Courts under section 92 of the Code of Criminal Procedure shall be recovered from the Courts.
(e) All legitimate expenditure of investigating officers, as well as all necessary expenditure incurred in the investigation of cases which cannot, under the existing rules, be paid from other sources or recovered from the Courts, shall be paid by the Superintendent from the contract contingent grant, and shall be recorded under a detailed head “Police investigation charges.”
Note. – Clause (e) of the rule covers expenses such as –
(i) travelling and diet expenses of witnesses attending police enquiries, who are not required to appear before the Court;
(ii) subsistence allowance or travelling expenses of informers and approvers;
(iii) diet expenses of chaukidars and dafadars called in from distant beats to help in the investigation of cases; and
(iv) hire of conveyances for bringing important personages to the scene of occurrence to help in investigation.
294. Despatch of papers to the Examiner of Questioned Documents. – Instructions for the guidance of police officers in sending documents for examination by the Government Examiner of Questioned Documents and requiring his attendance in law Courts are laid down in Appendix XVII.
295. Utilization of Criminal Intelligence Bureau. [§ 12, Act V, 1861]. – (a) The services of the Criminal Intelligence Bureau of the Criminal Investigation Department shall be utilised as far as possible for obtaining information regarding particular classes of crime and criminals. Every investigating officer shall carefully study and observe the rules on the subject contained in Chapter IX.
(b) In every case in which a reference is made to the Criminal Intelligence Bureau, no matter whether such reference has proved successful or otherwise, a further or final report shall be submitted showing briefly the result of the case, to enable the officer-in-charge of the bureau to make necessary additions or corrections to his records.
(c) Beside referring to the Criminal Intelligence Bureau for information all officers should also bear in mind the necessity for furnishing information for record, and after the disposal of any case of the kind referred to in the first paragraph of clause (a) of regulation 633 a note of the case with details of the modus operandi and of the person accused or suspected, should be sent by the investigating officer to the officer-in-charge of the bureau for record. See also regulation 189(t).
Note. – For information regarding excise and opium smugglers, application should be made direct to the Superintendent, Excise Intelligence Bureau, Bengal, who will supply any information available.
296. Utilization of Photographic Bureau and intensification of finger prints. [§ 12, Act V, 1861]. – (a) The services of the Photographic Bureau of the Criminal Investigation Department shall be utilized as far as possible for the examination of finger marks left behind by criminals in the act committing offences. The expert in the bureau is able to intensify impressions which are scarcely visible to the ordinary observer, and to examine them with a view to establishing their, identity or otherwise with the impression of suspected persons.
(b) Every investigating officer shall observe the following instructions:-
(i) Finger marks should invariably be looked for on glass, metal, polished wood, or lacquer work. Torches abandoned by dacoits should always be carefully examined, as good finger impressions are not infrequently found on the charred surface of the torch; upon bottle-torches such impressions are usually very clear. The fact that glass forms the best medium for finger impressions is of importance also in cases in which prostitutes are drugged for the purpose of robbery, the liquor being usually administered in an ordinary tumbler or bottle. In burglary cases finger impressions are often to be found on the bamboo matting near the point of entry, or on doorposts, and the portion on which the finger impression is found should be carefully cut out and forwarded for examination. In cases of murder immediate search should be made for blood-stained finger impressions. All investigating officers are supplied with a magnifying glass, which they should invariably carry with them on investigations.
(ii) Finger marks on glass, polished wood, metal and lacquer work may be intensified by sprinkling the surface with a small quantity of a powder, known to chemists as “Gray powder”, which should then be gently shaken or brushed off with a camel hair brush. Should the substances be white in colour, such as paper, wood, etc., “Graphite” may be used instead of “Gray powder”. This treatment has the effect of making visible impressions which cannot be seen with the naked eye. Articles which may have been handled by criminals should always be treated in this way, if possible. These powders may be obtained from Bathgate & Co., Calcutta. Steps should be taken by the Superintendents to supply all police-stations with phials of “Gray powder” and “Graphite”, the expenditure being met from the contract grant. Inspecting officers are required to see that their officers understand and follow these instructions.
(iii) Objects appearing to bear impressions should be forwarded to the Criminal Investigation Department for opinion. Great care should be taken not to make other finger impressions on any such article forwarded. It should not be handled unless absolutely necessary, when something with a smooth surface should be slipped underneath. The article should be carefully lifted into the box in which it is to be packed, and nothing with a rough surface should be allowed to come into contact with the portion bearing the finger impression. Particular care should be taken in following these instructions in forwarding tumblers in poisoning and drugging cases.
(iv) In important cases, or when exhibits are very heavy or large, they may be sent down by special messenger. Ordinarily the package should be sealed and sent by registered post to the Assistant to the Deputy Inspector-General, Criminal investigation Department. A label should be attached to each article, giving the name of the police-station, name of district, and the name of the officer forwarding the package, and every care should be taken that the identity of the exhibit can be proved, as in the case of articles sent to the Chemical Examiner.
(v) When impressions are left on articles like safes or on walls, a telegram should be despatched to the Criminal Investigation Department asking for the services of an expert to intensify the impression, care being taken in the meantime to protect it.
Note. – Regarding the submission of the finger prints of deceased persons see regulation 313.
297. Requisition for expert opinion and despatch of exhibit to the Chemical Examiner and other experts. – Instructions for the guidance of police officers in making requisitions for expert opinion and in sending exhibits for examination in connection with the investigation of cases are given in Appendix XVIII.
298. Direct correspondence with the police of Orissa, Cooch Behar, Tripura and Jaipur States. – With a view to facilitate enquiries and avoid delays officers-in-charge of police-stations in British districts shall send the following communications direct to police-stations in the Indian States of Cooch Behar, Tripura and Orissa :-
(i) Enquiry slips.
(ii) Hue-and-cry slips.
(iii) Verification rolls.
(iv) Applications for certified copies of previous convictions.
Correspondence in matters relating to conviction rolls of accused persons and police enquiries regarding suspicious and bad characters should be addressed by Superintendents direct to the Superintendent of Police of the various districts of the Jaipur State in Rajputna. The Superintendents of Police of Jaipur will similarly address such correspondence direct to the Superintendent concerned in this Province.
Delays in receiving replies, if of an exceptional nature, should be reported to the Inspector-General.
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