Police Investigation and Police Station Management

Law Library

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Key Definations

BULLET 2 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;

BULLET 2Police Officer
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.

BULLET 2Officer-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.

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Ethical standard

arrow-1   13 POINT CODE OF CONDUCT FOR POLICE IN INDIA – MHA

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.

1. The police must bear faithful allegiance to the Constitution of India and respect and
uphold the rights of the citizens as guaranteed by it.

2. The police should not question the propriety or necessity of any law duly enacted. They should enforce the law firmly and impartially, without fear or favor, malice or vindictiveness.

3. The police should recognize and respect the limitations of their powers and functions.They should not usurp or even seem to usurp the functions of the judiciary and sit in judgment on cases to avenge individuals and punish the guilty.

4. In securing the observance of law or in maintaining order, the police should as far as
practicable, use the methods of persuasion, advice and warning. When the application
of force becomes inevitable, only the irreducible minimum of force required in the
circumstances should be used.

5. The prime duty of the police is to prevent crime and disorder and the police must recognize that the test of their efficiency is the absence of both and not the visible evidence of police action in dealing with them.

6. The police must recognize that they are members of the public, with the only difference that in the interest of the society and on its behalf they are employed to give full time attention to duties, which are normally incumbent on every citizen to perform.

7. The police should realize that the efficient performance of their duties would be dependent on the extent of ready cooperation that they receive from the public. This, in turn, will depend on their ability to secure public approval of their conduct and actions and to earn and retain public respect and confidence.

8. The police should always keep the welfare of the people in mind and be sympathetic and considerate towards them. They should always be ready to offer individual service and friendship and render necessary assistance to all without regard to their wealth and / or social standing.

9. The police should always place duty before self, should maintain clam in the face of danger, scorn or ridicule and should be ready to sacrifice their lives in protecting those of others.

10. The police should always be courteous and well mannered; they should be dependable and impartial; they should possess dignity and courage; and should cultivate character and the trust of the people.

11. Integrity of the highest order is the fundamental basis of the prestige of the police. Recognizing this, the police must keep their private lives scrupulously clean, develop self-restraint and be truthful and honest in thought and deed, in both personal and official life, so that the public may regard them as exemplary citizens.
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BULLETInformation to Police

  • 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

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BULLETArrest, Custody, and Remand

  • Arrest
  •  Detention In Thana
  • Arrest without warrant
  • Illegal arrest
  • Death of the Accused in Custody

Image result for police thana    INVESTIGATION BY POLICE

BULLET 2In 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
BULLET 2
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]

BULLET 2K.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.

ARROWFurther 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

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 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
  • Foreignsic 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


Image result for police thana  Police Report

  • Submitting Charge Sheet to Court
  • Submitting Additional Charge Sheet
  • Final Report
  • Further Investigation Order from Magistrate
  • Re-opening a closed Case
  • Consultation with lawyer before filing Charge Sheet
  • Delay in Filing Charge Sheet

BULLET 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

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hot-anim Role of Police in MotorAccident 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
Directions of Delhi High Court to Police with regard to accidents
between the period 1994- 2009
Steps undertaken by Delhi 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

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BULLET 2Public 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.

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BULLET 2Offences under Multiple Acts at a glance

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Useful Resourcesattention

Directorate of Revenue Intelligence ARROW

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.

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thumbARROW West Bengal Police

BULLET 2The New York State Police

BULLET 2City of London Police


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