Criminal Investigation

Common Defects in Investigation- Bihar Police guidelines

Common Defects found in Investigation

1. The cases are not supervised by the supervising officer in time.

2. The S. Note should contain clear instructions for the I.O.

3. The evidence for finding a case true in a certain section of law or against an accused should be clearly spelt out.

4. The statements of witnesses should be completely written in the case diaries as per the provisions of 161 Cr.P.C.

5. The statements of two or more witnesses should not be written jointly because as per the rulings of the Honorable Supreme Court ‘joint statement is a statement of none’.

6. The statements should be recorded in first person and for every witness separately and completely.

7. The IO should record the names of accused in the statements of witnesses as are told by him. He should not write that the ‘witness told the names as given in FIR’.

8. In important cases the sketch/map of the P.O. should be recorded in the
case diary.

9. The irrelevant or negative things should not be written in the case diary since these damage the case and prosecution. Only the acts which are relevant and support the case should find place in the diary.

10. If complainant of the case is police officer, he himself should not take the
charge of it for investigation.

11. The officer-in-charge will take investigation of the first reported cases of murder, dacoity, robbery and serious rioting nature every month if he is not heavily loaded with the previous pending cases.

12. Sometimes it may be difficult to submit case diary in time even then the I.O. should submit first two case diaries within seven days under any circumstances. These two diaries must contain the following information:

  • Re-statement of complainant, full description of the scene of crime, retreat of criminals.
  •  Things found or seized following the direction of retreat.
  •  Statements of all the eye-witnesses.
  •  Reference to the injury report of the injured and Inquest Report / Dead Body Challan of the deceased. The Injury Report and the Post Mortem Report should also be noted down.
  • Reference to the expert opinion in cases where it is required.
  • The previous criminal history of named accused, if there is any.
  • The references made to the CD Part II and its utility.
  • In cases of rioting/murder/kidnapping, if there was any prior information to the police then action taken on that should also be recorded.
  • If the case is not found untrue then the raid conducted for apprehension of accused and its outcome should be recorded.
  • The confessional/defense statement of the arrested accused.
  • In cases where the sole basis is documents then the references made towards obtaining them from their custodian by means of notices served under the Cr. P. C. should be noted.
  •  If the stolen property is recognizable then its description should be sent to C.I.G. and its reference be noted down.

In cases where some incriminating thing is recovered and seized be it arms, explosive, drugs or any other thing, following points should be taken care of:

i. The case reference is not to be noted in the Seizure List because at the time of recovery there was no foundation of case. The officer should go to police station register the case and then note down the FIR no. in the Seizure List.

ii. If objects are recovered from the possession of more than one person or places in that case separate seizure list should be prepared for every person or place.

iii. A copy of seizure list is to be given to the person from whom the object is seized and his signature with a comment that he got one copy is to be taken on the seizure list. In case the person absconds the signature of some male member from his house should be taken. All this is to be entered into the case diary.

iv. When the witness of seizure list puts his signature on the seizure list he should write clearly that the things were recovered and seized in his presence in his own handwriting.

v. The police officer who seizes the object or who is the informant of the case he must never be made the IO of the case.

13. In cases where it is necessary to get prosecution sanction of competent authority the charge sheet must never be submitted before having obtained it.

14. As soon as the case is registered in the PS a copy of FIR must be sent to the court of the CJM immediately. The OC must never wait for completion of the twenty four hours.

15. The material evidence which needs chemical examination should be sent immediately to the Forensic Science Laboratory without delay. Special care is to be taken in cases where viscera is preserved by the doctor for final opinion on the point of cause of death. The viscera loses its characteristics within six month so it is to be ensured that it reaches FSL within one month of its being collected. If it is not observed by the IO then
prima facie it would be understood that the evidence is destroyed by the IO and he would be dealt with severly.

16. In cases where charge sheet is submitted without having received FSL report, the OC should be in contact with the FSL and as soon as it is received he should submit it in the court to make it a part of the case diary.

17. When an accused is arrested and forwarded his name and address should be verified immediately and an entry should be made about it in the case diary and the forwarding note. In case the name and address remains unverified it should be clearly mentioned in the forwarding note so that he is not enlarged on bail by the court without proper verification.

18. In property offences the confessional statement of an accused must be recorded immediately after his arrest and all its ingradients must be verified in toto. It should find place in the case diary also. The connecting registers of police station should also be updated subsequently.