It is the prime duty, rather statutory duty, of the Police personnel/administration of every State to maintain and give precedence to the safety and the morality of the people and the State. Karnataka Live Band Restaurants Association Vs. State of Karnataka & Ors.[SC 2018 JANUARY]
Introduction to police Investigation
It is generally seen that when the police begins investigation into a criminal case that has been reported, it depends substantially on the information gathered either from the scene of crime or the circumstances attendant thereupon or the facts collected from the individuals involved, be they witnesses who are directly privy to the necessary background facts or otherwise conversant with the relevant material or even the persons who are suspected (or accused) to be involved. The inputs received from the last mentioned category – that is, the suspects or the persons accused – are, of course, generally inadmissible unless they can be introduced in evidence, if so permissible, illustratively under Section 27 of the Evidence Act. After the investigating agency has gathered all the requisite background facts, and has collected sufficient evidence to substantiate it during inquiry or trial before the criminal court, it presents its case in the form of a report under Section 173 Cr. PC (” chargesheet “) seeking trial of such persons whose involvement is borne out, in its opinion, from the material submitted therewith. This, ideally, would be a stage where the investigating agency (from which the prosecution takes over) presents its case in entirety leaving out, in the interest of fairness of the process, nothing from the gaze of the court. But, experience also shows that during the course of the trial, some of the facets of the case are either rendered redundant or irrelevant (for example on account of duplication or being repetitive) and, therefore, fall on the side making it unnecessary for the prosecutor to add to the formal production of evidence in such regard, this particularly in cases where the prosecution rests its case on direct evidence.
It is not the requirement of criminal jurisprudence that the prosecution must prove each nugget of the facts as alleged in the beginning by the charge-sheet in order to succeed. The court is eventually called upon to take a view, and give its decision, on all the facts which are actually proved during the trial. In case the prosecution has omitted to bring on record formal proof of certain facts which the court perceives to be crucial, there are ample powers in the Code of Criminal Procedure to call for further evidence in such respect. [see, Article on Sections 311 and 391 Cr. PC).
A criminal case is not like a jigsaw puzzle, such that it cannot succeed unless all the pieces of the maze are in place. This is not so even in cases founded on circumstantial evidence, what to say of cases supported by direct evidence. If the prosecution does not have any direct proof and depends on proof of circumstances, it has to bring home, to the satisfaction of the court, all such circumstances that collectively form a complete chain pointing towards the guilt of the accused. The prosecution may have begun the quest with a large volume of facts but may end up proving less than what those gamut of circumstances were and, yet, if the circumstances that are proved beyond all reasonable doubts and are sufficient to point towards the complicity of the accused, a conviction may still be called for on such basis; this, notwithstanding the fact that some of the circumstances have remained unproven .
Introduction to police Evidence
Section 24 of the Evidence Act contains a clear prohibition against consideration of any statement made by an accused (or suspect) to the police during investigation. Sections 25 and 26 of the Evidence Act add further to the said very cardinal principle. Section 27 of the Evidence Act carves out a very small window for some part of such statement to be looked into. It says in clear terms that only “so much of such information” as has been received from the accused by the police “may be proved” as “relates distinctly to the fact thereby discovered”. It is expected that a fair investigating police officer would scrupulously record whatever is disclosed to him by the suspect during interrogation. If such statement (or information thereby given) leads to discovery of any fact only so much of the statement (or information) may be presented to the court as evidence as is relevant and admissible. But, the disclosure statement in its entirety cannot be looked into by the court. To use such statement, that too in entirety, as the touchstone to ascertain the veracity of the prosecution evidence is something unheard of – totally unacceptable. Conversely, the prosecution evidence cannot also be used by the court to record a satisfaction that the statement given by the suspect to the police (noted for such exercise in entirety) even beyond what is admissible under Section 27 of the Evidence Act was truthful or otherwise. Such reasoning, to my mind, is taboo and cannot be adopted.
The various types of evidences to be collected during investigation are following:
a) Oral evidence
b) Documentary evidence
c) Expert evidence – Forensic Evidence
d) Circumstantial evidence
e) Other evidences
Police Station (Section 2 (s) CrPC)
“Police station” means any post or place declared, generally or specially, by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf;
According to interpretation clause of the Police Act (Act V of 1861) the word “Police” is defined as “the word Police shall include all persons who shall be enrolled under this Act.” According to Police Regulation Bengal interpretation clause the word “Officer” includes men. In section 25 of the Indian Evidence Act, 1872 the word “Police Officer” is mentioned as a legal term while police personnel is making an investigation of a case as per CrPC.
Officer-in-charge (Section 2 (o) CrPC)
“Officer-in-charge of a police station” includes, when the officer-in-charge of a police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of a constable or, when the State Government so directs, any other police officer so present. The Sub Inspector of Police/SHO is responsible for the investigation of all cases reported in his jurisdiction except for those where the investigation is entrusted to Inspector/DSP or other senior officers or CID. In respect of non-cognizable offences reported in the station, he shall record the information in the general diary and also in the non-cognizable register, and refer the complainant to the court by an endorsement. In cases of non-cognizable offences referred by court or any cognizable offences presented by parties directly in courts but endorsed by the court to the SHO, he shall register such cases and investigate. He will forward to the court the weapons and article seized from the accused, as well as, seizure affected from searches along with necessary reports. He will supervise investigations conducted by the IOs and will obtain progress reports.The station house officer shall forward daily to the Inspector a carbon or photostat copy of the station general daily with a docket in the form prescribed along with copies of FIR registered and case diaries of that day.
Police Officers Always on Duty
i) Every Police officer not on leave or under suspension shall, for all purposes be considered to be always on duty and may at any time be deployed in any part of the state. The State Government shall, however, ensure the grant of one day off in a week to all police personnel or make provision of appropriate compensatory benefits in lieu of such weekly off, if under extraordinary situations the same cannot be granted to them.
ii) No police officer shall abdicate his duties or withdraw himself from his place of posting or deployment, without proper authorization. No police officer shall engage in
any other employment or officer of profit whatsoever, other than his duties under the Act.
The guidelines for the code of conduct for the police were issued by the Ministry of Home Affairs and communicated to Chief Secretaries of all States/ Union Territories and Heads of Central Police Organizations on July 4, 1985.
After registering FIR one copy of the First Information Report shall be retained in the Station and another shall be forwarded without delay to the Magistrate having jurisdiction[ Elaka Magistrate]. Two copies will be sent to the Sub-Divisional Police Officer. The Sub-Divisional Police Officer will retain one copy and the Station House Diary and send the other copy of the First Information Report to the superintendent. In cases coming under Clause (b) of the proviso to Section 157 of the Code of Criminal Procedure, the copy of the First Information Report should be sent to the Magistrate.
- FIR and starting investigation
- Recording Information in General Diary and forgetting it
- Preliminary Inquiry before registering FIR
- General Diary and Keeping all Business information of station
- Receiving A phone Call by Duty Officer
- Sending FIR to Magistrate
- Information to Beat office/officer
- Recording FIR by Lady Police
- False or Ghost FIR
- Counter FIR
- Non-Registering FIR
- Fixing appointment with SHO
- Registering FIR against unknown persons
Cases under Sections 41, 102, 107 to 110 of the Code of Criminal Procedure, only one First Information Report being issued if more than one person is involved in a case; and reports made to Magistrates with a view to action being taken under Sections 144 and 145 of the Code of Criminal Procedure. Case diaries should also be written in cases, referred by a Magistrate to the police for investigation under section 155, 156 or 202 of CrPC.
When a crime of another State is reported: If a report relates to a cognizable offence that was committed outside the State, it will be entered in the Station House Diary and a certified copy of the entry will be given to the person who made the report and he will be referred to the Station House Officer within whose jurisdiction the offence took place.
If any of the persons who are reasonable believed to have taken part in the commission of the offence are found in our State territory, and if the offence alleged against them is of a serious nature and there is reasonable apprehension that they will abscond unless immediately taken into custody, they will be arrested and produced before the court having jurisdiction, intimation of their arrest being promptly sent to the Police Station within the jurisdiction of which the offence occurred.
A crime of Railway Police Reported at the Crime P.S.: When an offence committed within the railway police jurisdiction is reported to a local district Police Station or vice-versa, the Station which receives the report shall forthwith inform the Police Station having jurisdiction by telephone, wireless or telegram, which shall be followed up by the First Information Report transferring the case. The police receiving the information first should take up the investigation and continue it till the arrival of the police having jurisdiction. [ The same Pattern shall be followed if the offence committed in the jurisdiction of one police station and reported in the another police statiom of the same state or nearby police station.
Arrest, Custody, and Remand
- Detention In Thana
- Arrest without warrant
- Illegal arrest
- Death of the Accused in Custody
INVESTIGATION BY POLICE
In Criminal Justice System, Police have the Legislature, the Judiciary, the Prosecution and the Correctional Services Department as its partners. Police may take help from State Forensic Science Laboratory (SFSL), Finger Print Bureau (FPB), Central Forensic Science Laboratory (CFSL), Government Examiner of Questioned Documents (GEQD), State Drugs Control and Research Laboratory (SDCRL) to inspire the investigation.
Important Supreme Court decisions
An investigation by Higher Police officials-If he has reasons to suspect that police has joined hands with other side and is not properly investigating complaint, then an application under Cr. P.C. sec 173(8) can be made to trial court. Trial Court will then direct investigation by Higher Police officials[ Supreme Court of India Azija Begum vs State Of Maharashtra & Anr on 12 January, 2012]
Access to justice–K.T. Plantation v. State of Karnataka, 2011 (8) SCALE 583 where it was held that the rule of law is a basic feature of our Constitution. It was also submitted that the Supreme Court had in Tashi Delek Gaming Solutions Ltd. v. State of Karnataka and others, (2006) 1 SCC 442 held that access to justice is a human right.
Further Investigation: Further investigation after taking cognizance[Amrutbhai Shambhubhai Patel Vs. Sumanbhai Kantibhai Patel and others] and after framing charges, in a given case may be ordered only on the request of the investigating agency and that too, in circumstances warranting further investigation on the detection of material evidence only to secure fair investigation and trial, the life purpose of the adjudication in hand.[Athul Rao Versus State of Karnataka & Anr August 18, 2017 ]
Authority: ASI- Petty Cases-punishment upto thre years- Magisterial cases SI- Henious crimes- above thre years- sessions cases Head Constables are mainly employed to be in charge of general duty in police stations, as station writer, as officer in charge of out post and guards, armed reserves,in charge of beat areas in rural and town police stations. He acts as SHO in the absence of Sub-Inspector and Asst. Sub-Inspector.
The government of West Bengal [vide Home (Police) Dept. Order No 4282-PL, No. 4283-PL & No. 4284-PL Dt- 23.12.2009] has empowered the Assistant Sub-Inspectors of Police to undertake an investigation under sub section (1) of Section 157 CrPC together with powers U/S161 & 174 of CrPC as such,. The relevant portion of the order is reproduced below.
“All the Assistant Sub-Inspectors of Police can legally Investigate Criminal cases under IPC including S.R. Cases and Cases under heinous section of law. But at present, the Investigation of cases by the ASIs have been restricted to Investigation of petty cognizable cases triable by Magistrate of 1st Class or any other Magistrate. However, the ASIs who have gained considerable experience in investigating cases they may be allowed to investigate heinous cognizable cases and cases triable by Court of Sessions”.
- Calling Accused in Thana
- Calling Witness In Thana
- Asking Documents from Informant and Witness
- Investigation by SHO
- Investigation by Deputed Subordinate Officer
- Investigation By Superion Police Officer
- Transfering Investigation to CID
- Transfering Investigation to CBI, NIA
- Investigation of Rape case
- Investigation Murder Case
- Sending Dead body for Inquest
- Sending Deadbody for Post Mortem
- Preserving Viscera
- Preserving forensic Material
- Sending forensic material to laboratory
- Forensic Investigation
- Dog tracking Investigation
- Discovery of Weapon ,Body and Etc by the Information supplied by Accused
- Preparing and signing Memo by IO and Independent witness
- Case Diary
- Investigation of Non-Cognisable Cases
- Responsibility of Police for Unfair or Malicious Investigation
- Withholding evidence by Police
- Inspecting Crime spot
- Preparing Panchanama
- Recording Dying Declaration: Nirbhaya Case Study
- Analysis of Circumstances and Stitching together to complete the Chain
- Sending witness to magistrate for recording statement under 164
- Examining Witnesses
Identification of Accused Person and Place
Recording the Crime Scene:- The methods of crime scene recording are Photography, Sketch, Observation notes, Videography and Audiotape recording.
Search methods: Spiral Method- Radial Method-Strip Method – Grid Method-Zone Method
Lifting, Packing and Forwarding Physical Evidence[ Click]
The charge sheet shall be prepared, forwarded and presented to the court only by the SHO/I.O. The IO should prepare report giving the details of the case, discuss the nature of evidence and the liability or otherwise of each accused, the probable defence and its plausibility or otherwise and finally the action proposed by him. After completion of the investigation the SHO shall forward the file to the APP for his opinion whether the material is sufficient to charge the case and also to discuss with the APP in person. The APP after perusing the case file shall give his opinion.
- Causing Death By Encounter
- Causing death in custody
- Control communal riots
Category of cases where the trial is required to be fast-tracked [ Very important for dealing with Rape cases]
Post Charge Sheet responsibilities by IO
- Interview with Prosecution Lawyer
- Protection of Witness
- Keeping information of progress of Case
- Protection of approver
- Death of the Informant
- Death of the Accused
Role of Police in Motor Accident Claim Cases
I Accident Information Report (AIR)
Directions of Hon’ble Supreme Court to Director Generals of Police of all States in respect of AIR .
Directions of Delhi High Court to Police
II Procedure for Investigation of Motor Accident Cases by Police
III Prosecution of Owner/Driver of Uninsured Vehicles
IV Prosecution of Holders/Forgers of Fake Driving Licences
- Directions of Hon’ble Supreme Court
- Directions of Delhi High Court to deal with fake driving licences
V Checklist of Delhi Police for Compliance of Claims Tribunal Agreed Procedure
- Only specially Designated Police officer can investigate the Case.
- Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case.
- Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.
Public Services from the Thana level
1. Police Stations: To maintain Law and Order and to prevent/ detect crime.
2. Traffic Police: Striving to regulate traffic under constraints of manpower and logistics.
3. VIP Protection: To ensure safety and security of those ‘who matter a lot’.
4. 100 Dial: A direct and dedicated dialing emergency service.
5. Community Service: To serve beyond the call of duty by involving ourselves in the life of the community.
6. To keep social statistic: Keeping statistics of Lawyers, Doctors, Medical facilities, clubs and charitable societies, hotels, water sources, Burning ghats etc and nature of demography.
- Bombay Police Act
- Punjab Police Rules
- Punjab Police Act, 2007
- The Police Act, 1983 [ Jammu and Kashmir]
The Directorate of Revenue Intelligence was constituted on 4th December 1957, for dealing exclusively with the work relating to the collection and study of information on smuggling activities and the deployment of all anti-smuggling resources at the all India level, besides arranging training for the intelligence and Investigation officers of the Custom Houses and Central Excise Collectorates deployed on similar work.
- West Bengal Police
- Bangalore City Police
- The New York State Police
- ENFORCEMENT DIRECTORATE [INDIA]
- City of London Police
- Dubai Public Prosecution
- SEARCH VEHICLE IN INDIA FOR INFORMATION