Police Investigation and Police Station Management

Police, Law Enforcement and Policing in India BULLET 2

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

  1. 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 (” charge sheet “) 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.
  2. 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).
  3. 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 .
  4. When an investigation should be handed over to  the CBI- Calcutta HC Explained

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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.

Basic knowledge level of  a police cadre :

Sl.No  Domain of Knowledge Sub-domains of knowledge
1. Intelligence and observation capacity Human Intelligence, Technical Intelligence

Community intelligence

2. Crimes

  1. Low-level crime
  2. High-level crime
  3. Economic Crime needs a multidisciplinary approach.
  4. Cases referred by HC/SC
General Crimes: Crime against Children, Crime against Women and Weaker Sections. Organized/Special Crime: Forest and Wildlife crimes, Drug related crimes and Intellectual Property Rights. Forensic Science, Anti Corruption, Economic Offences, Crime Prevention, Investigation and Prosecution, Railways.
3. Public Order Metropolitan and Urban Policing, Traffic, Armed Police Battalion and Railways, Negotiation skills, Public order management
4. Human Resource and Logistics Personnel Administration, Police Research and Development, Police Training and skill development, Leadership and management, Project management, Financial management
5. Operations Para-Military Forces, Border Management, Counter Insurgency, and Counter-Terrorism.
6. Information Technology Cyber Crimes and Cyber Security

 

BULLET 2 Investigation of Unnatural Death[Click]

The various types of evidence to be collected during the investigation are followings:
a) Oral evidence
b) Documentary evidence
c) Expert evidence – Forensic Evidence
d) Circumstantial evidence
e) Other evidence

Key Definitions

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;

Registers The following books[Rajasthan Police Rules, 1965] shall be maintained at each police station in accordance with the rules hereinafter prescribed or referred to-

(1) The First information Report Register and, in certain stations they Register of Petty Offences.
(2) The Station Diary.
(3) Part. 1 Standing Order Book, Part-III-Circular and other orders.
(4) Register of absconders and Deserters.
(5) Register of Correspondence.
(6) Miscellaneous Register.
(7) The village Crime Register.
(8) The Surveillance Register.
(9) Enquiry Rolls Dispatched.
(10) Enquiry Rolled Received,
(11) Index to History Sheets and Personal files.
(12) Register of Information Sheets Dispatched.
(13) Copies of Information sheets Received.
(14) Minute Book for Gazetted Officers.
(15) File Book of inspection reports.
(16) Register of Government Official and Property
(17) Register of Licenses.
(18) Receipt Book for Arms, Ammunition and Military Stores.
(19) The store Room Register.
(20) Cash Accounts.
(21) File Book of Road Certificates.
(22) Printed Receipt Books.
(23) Police Gazette.
(24) Criminal Intelligence Gazette.
(25) Police Rules.
(26) Charge Notes of Officers In-charge of Police Stations.

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. 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 the 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.

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hot-anim Records/Documents under control of Thana and Court police [ An example]

Duties of the Inspecter-in-Charge of the Police station in connection with investigation of Crime (WB)

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Ethical standard

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.
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Information to Police [in depth study]

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.


BULLET 2Arrest, Custody, and Remand

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

INVESTIGATION BY POLICE

BULLET 2In the 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.

REPORT:-

In H.N. Rishbud and Inder Singh Vs. The State of Delhi, and submitted that, where an investigation is conducted by subordinate officer, such subordinate officer has to report the result of the investigation to the officer in-charge of the Police Station and if, upon completion of the investigation it appears to the officer in-charge of the Police Station that there is no sufficient evidence or reasonable ground, he may decide to release the suspected accused, if in custody, on his execution a bond, however, if it appears to him that there is sufficient evidence or reasonable ground to place the accused on trial, he may take necessary steps as contemplated u/s 170 of Code of Criminal Procedure In either case, on the completion of the investigation, he has to submit a report to the Magistrate u/s 173 of Code of Criminal Procedure Relying on the said decision, he submitted that, the officer in-qharge of the Police Station has a responsibility of preparing the report based on the material cpllected during the course of investigation. The final opinion on the basis of the investigation is of the officer-in-charge of the Police Station and not by any other officer.

Investigation of economic offences [click] 

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Important Supreme Court decisions

Supreme court Direction to the police on receipt of Rape Case

BULLET 2An 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]

BULLET 2 Access to justiceK.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 up to three years- Magisterial cases SI- Heinous crimes- above three 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 outpost 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 subsection (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 a 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 a 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
  • The 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

Action when reports are doubtful – (1) If the information or other intelligence relating to the alleged commission of a cognizable offence is such that an officer incharge of a police station has reason to suspect that the alleged offence has not been committed, he shall enter the substance of the information or intelligence in the station diary and seal record his reasons for suspecting that the alleged offence has not been committed and shall also notify to the informant, if any, the fact that he will not investigate the case or cause it to be investigated.
(2) If the Inspector or other superior officer, on receipt of a copy of the station diary, is of opinion that the case should be investigated, he shall pass an order to that effect.
(3) When a counterfeit currency note is found in circumstances which indicate that owing to absence of guilty knowledge on offence under section 489-B, Indian Penal Code or cognate section 154, Criminal Procedure Code, in the station diary; the special report required by rule 513 shall be submitted and enquiry shall be made to trace the point in the movements of the note at which a cognizable offence appears to have been committed. When reasonable suspicion of such commission arises a First Information Report shall be recorded in the Police Station Concerned and investigation under section 157, Criminal Procedure code, shall be made.[Rajasthan Police Rules, 1965]

Dying declarations.

 (1) A dying declaration shall, whenever possible, be recorded by a Magistrate.
(2) The person making the declaration shall, if possible, be examined by a medical officer with a view to ascertaining that he is sufficiently in possession of his reason to make a lucid statement.
(3) If no magistrate can be obtained, the declaration shall,when a gazetted police officer is not present, be recorded, it shall be recorded in the presence of two or more reliable witnesses unconnected with the police department and with the parties concerned in the case.
(4) If no such witnesses can be obtained without risk of the injured person dying before his statement can be recorded, it shall be recorded in the presence of two or more police officers.
(5) A dying declaration made to a police officer should, under section 162, Code of Criminal Procedure, be signed by the person making it,

  • Several Dying Declarations can be recorded .

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Identification of Accused Person and Place

BULLET 2Collecting Evidence for Criminal Court

ARROWDealing with Juvenile Offenders

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.

 Police Report- CHARGE SHEET [Click Here]

  1. Causing Death By Encounter
  2. Causing death in custody
  3. Control communal riots

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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

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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

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WOMANSection 498A of IPC: Use and Misuse of Law [The law failed due to corrupt police management].

  • 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.

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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

ARROWShorter Penal Code

ARROWBengal police regulation-1943

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Useful Resources

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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IMPORTANT LINKS

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Read more :

Checks and balances for use of firearms by police force for dispersion of unlawful assemblies.