Investigating Officers Tips
As a key agency of the Criminal Justice Administration the Police is
responsible for performing multi-faceted function such as the
prevention of crime, maintenance of law and order, conduct of
investigation of crimes, production of under trials before the Courts
and post sentence surveillance over the criminals etc. In
view of the functional peculiarities the Police tends to become the
frontal formal agency to come in contact with the raw realities of
crime, including the accused and the victim. All the makes the
Police not only an all pervasive criminal justice agency but also
exposes it to frequent social censures both of formal as well as
informal nature, and makes them the center of lot of controversies
regarding their professional roles.
The Supreme Court and the High Court rulings relating to the various
aspects of Police functioning immense significance not only for the
legal professional, but also for the rank and file of the Police
Force. The Supreme Court and the High Court decisions would be
able to strengthen the overall Rule of Law foundations of our criminal
Police and Investigation
|| Territorial Jurisdiction and powers of investigation
||The SHO has statutory authority under section 156 Cr.PC to investigate any
cognizable case for which an FIR is lodged
the stage of investigation, there is no question of interference under
section 482 Cr.PC on the ground that the investigating officer has no
the investigation officer arrives at the conclusion that the crime was
not committed within the territorial jurisdiction of the Police
Station, then FIR can be forwarded to the Police Station having
jurisdiction over the area in which the crime is committed, but this
would not mean that in a case which requires investigation, the police
officer can refuse to record the FIR and or investigate it.
||FIR and Registration of FIR
Telephonic information about commission cognizable offence irrespective
of nature and details of such information cannot be treated as FIR.
FIR is registered against the accused, a copy of it is forwarded to the
Court under provisions of the Code; Thus it becomes a Public Document.
is a legitimate right of any officer to interrogate or arrest any
suspect or some credible material but such an arrest must be in
accordance with the law and the interrogation does not mean inflicting
injuries. It should be in its true sense purposeful, namely, to
make the investigation effective. Torturing a person and using
third degree methods are of medieval nature and they are barbaric and
contrary to law. The Police would be accomplishing behind their
closed doors precisely what the demands of our legal order
forbid. They must adopt some scientific methods than resorting to
physical torture. If the custodians of law themselves indulge in
committing crimes then no member of the society is safe and
secure. If Police Officers who have to provide security and
protection to the citizens indulge in such methods they are creating a
sense of insecurity in the minds of the citizens.
||Arrest and Custody
arrested person being held in custody is entitled, if he so requests to
have one friend, relative or other person who is know to him or likely
to take interest in his welfare told as far as is practicable that he
has been arrested and where he is being detained.
Police officer shall inform the arrested person when he is brought to
the police station of this right
entry shall be required to be made in the diary as to who was informed
of the arrest protections from power must be held to flow from articles
21 and 22(1) and enforced strictly. It shall be the duty of the
Magistrate, before whom the arrested person is produced, to satisfy
himself that these requirements have been complied with.
|| Handcuffing and Security
the police or the jail authorities have well-grounded basis of drawing
a strong inference that a particular prisoner is likely to jump jail or
break out of the custody then the said prisoner be produced before the
magistrate concerned and a prayer for permission to handcuff the
prisoner be made before the said Magistrate save in rate cases of
concrete proof regarding proneness of the prisoner to violence, his
tendency to escape, he being so dangerous/desperate and the finding
that no other practical way of forbidding escape is available, the
Magistrate may grant permission to handcuff the prisoner.
all the cases where a person arrested by police is produced before the
Magistrate and remanded to judicial or non-judicial custody- is given
by the Magistrate the person concerned shall not be handcuffed unless
special orders in that respect area obtained from the Magistrate at the
time of grant of the remand.
167 is supplementary to Section 57. the investigation should be
completed in the first instance within 24 hours; if not the arrested
person should be brought by the police before a Magistrate as provided
under Section 167. While doing so, the police should also
transmit a copy of the entries in the diary relating to the case which
is meant to afford to the magistrate the necessary information upon
which he can take the decision whether the accused should be detained
in the custody further or not. Even at this stage the Magistrate
can release him on bail if an application is made and if he is
satisfied that there are no grounds to remand him to custody if he is
satisfied that further remand is necessary then he should act as
provided under section 167.
Judicial Magistrate can in the first instance authorize the detention
of the accused in either police or judicial custody from time to time
but the total period of detention cannot exceed fifteen days in the
If the arrested
accused is produced before the Executive Magistrate having judicial
powers where Judicial Magistrate is not available, the Executive
Magistrate is empowered to authorize the detention in such custody
either police or judicial only for a week.
the investigation is not completed within the period of ninety days or
sixty days as provided under the provision to 167(2) then the accused
has to be released on bail.
||Charge sheet – Effect of Delay
Charge Sheet is nothing but a final report of Police officer under
section 173 (2) of the Cr.P.C The statutory requirement would be
complied with of the various details prescribed therein are included in
the report. This report is intimation to the magistrate that upon
investigation into a cognizable offence the investigation officer has
been able to procure sufficient evidence for the court to inquire into
the offence and the necessary information is being sent to the
court. In fact, the report U/s 173 (2), purports to be an opinion
of the investigating officer that as far as he is concerned he has been
able to procure sufficient material for the trial of the accused by the
court. The report is complete if it is accompanied with all the
documents and statements of witnesses required by Section 175(5).
Nothing more need be stated in the report of the IO. It is also
not necessary that all the details of the offence must be stated.
The details of the offence are required to be proved to bring home the
guilt to the accused at a later stage i.e. in the course of the trial
of the case by adducing acceptable evidence.
Police and Evidentiary issues
|| Recording of Confessions
confession should be recorded in a free atmosphere in the same language
in which the person is examined and as narrated by him.
person from whom a confession has been recorded under section 15 (1) of
the Act, should be produced before the Magistrate to whom the
confession is required to be sent along with the original statement of
confession, written or recorded on mechanical devise without
Magistrate should scrupulously record the statement, if any made by the
accused so produced and get his signature an in case of any complaint
of torture, the person should be directed to be produced for Medical
Officer is he is seeking the custody of any person for pre-indictment
or pre-trial interrogation from the judicial custody, must file an
affidavit sworn by him explaining the reason not only for such custody
but also for the delay, if any seeking the police custody.
||Use of Case Diary in Trial
is manifest from its bare reading without subjecting to detailed and
critical analysis that the case diary is only a record of day-to-day
investigation of the investigating officer to ascertain the statement
of circumstances ascertained thought the investigation U/s 172 (2), the
court is entitled at the trial or enquiry to use the diary not as
evidence in the case. But as aid to it in the inquiry or trial.
Neither the accused, nor his agent, by operation shall be entitled to
call for the diary, not shall he be entitled to use it as evidence
merely because of Court referred to it. Only right given there
under it that if the Police officer who made the entries in the diary
uses it to refresh his memory or if the court uses it for the purpose
of contradicting such witness, by operation of section 145 of Evidence
Act, it shall be used for the purpose of contradicting such witness
i.e. I O or the Court. It is, therefore, clear that unless the I
O or the Court uses it either to refresh the memory or contradicting
the investigating officer as previous statement under section 162 that
too after drawing his attention there to as is enjoined under section
145 of Evidence Act, the entries cannot be used by the accused as
|| Evidentiary Value of Site Plan
in a given case the site plan is prepared by a draftsman – and not by
the investigation officer – entries therein regarding the place from
where shots were fired or other details derived from other witnesses
would be admissible as corroborative evidence.
||Power of Police Surveillance
|| Sanction of Route for religious procession
|| Permission to organize Public Meetings
|| Licensing places of Public Entertainment
|| Directions for providing Police Security
|| Limitation in Complaint/Suit against Police Personnel
CHECK LIST FOR INVESTIGATION OF CASES UNDER PRIZE CHIT AND MONEY
CIRCULATION SCHEMES (BANNING) ACT, 1978.
|| Searches and seizures should be done simultaneously on the Head office,
Branches and concerned places at the same time at once.
|| Seize documents relating to enrollment of members Membership Registers,
Membership Books, Cash Books, Information relating to Banks and
advertisement material relating to the scheme etc.
|| Seize samples of the goods circulated through the scheme. If the
suspected company is dealing with medicines or Medicinal substances,
then they should also be seized and packed separately.
|| Important document to be seized from the promoters/company is the
enrollment chart i.e. Up line and down line. The chart clearly
shows that it is nothing but an enrollment scheme, which is a banned
activity in India. The chart is also shows that the beneficiaries
of these schemes are none other than the Directors/Promoters of the
|| Identity the Banks and the accounts relating to the company or
IO should immediately send notices to the Bank Managers to freeze the
accounts U/s 102 Cr.P.C. Identify the personal accounts of the Chairman
and Directors (and their family members, if any) and get them freezed.
|| Identity the cash flow of the scheme with the help of the Accountant
of the company to know the amount collected from the subscribers of
|| Ascertain the details relating to Chairman, MD., Directors, Managers of
the Company/firm, This can be secured from the
Articles of Associations
of the Company/Firm. Brochures, Photographs and other related
material connected to Chairman and Directors and should be seized.
|| Collect the beneficiaries list of the Scheme/Business. This
can be got from the Register of distributors, cash Book and from the
computers system, which maintains this enrollment data. For E.g.
in southern wonder world resorts limited (Cr. No. 174/200 of Rayachoti
(U) PS of Cuddapah District investigated by CID, AP, Hyderabad),
the details of the beneficiaries are as follows:- A-1. 70 Lakhs, A-2.
12 Lakhs, A-9. 12 Lakhs and their other relatives to the tune of corers
of rupees (out of 13-crores). These details will prove that the
beneficiaries of such schemes are promoters/Directors who in turn have
made quick and easy money by enrollment of members.
|| Identity the Advertisement Agency and Printing press who supplied the
Printing material and examine them,
|| Seize Certificates of Incorporation issued by ROC, Firm Registration
Certificate issued by Registrar of Forms 1) Bye-laws and Memorandum of
association, 2. Obtain form No. A of the registration of firm, list of
directors for the company etc. And also correspondence
relating to the commercial Tax department, Income Tax department
etc. This correspondence will help us to fix up the
promoters/directors/partners for camouflaging the product with the
money circulating scheme. Collect relevant records from the above
government agencies and examine the officials of the respective
departments to know the name of the Directors/Promoters/Partners or the
|| Examine the owners of the premises let out to the Promoters of the
scheme for running the scheme. Seize the vouchers connected to
the payment of rents and deposits etc. Collect the Municipal
Records related to the premises.
|| Identity the properties of the promoters/Directors/Partners and their
relatives and friends and seize the bank accounts, documents, vehicles
and other properties under section 102 Cr. P.C. The seizure
should be brought to the notice of the concerned court and deposited
|| Media to be informed about the search and seizures made by the
Police. The Police can also alert the public about such schemes.
|| As it is new trend in white collar crime, it is desirable that such
cases be supervised by Superior Officers. The investigation
should focus on organizers and active members who are at the top of the
pyramid. All Unit officers should bestow their personal attention
and closely monitor the investigation.
|| As a preventive measure sufficient caution should be given to potential
victims not to fall trap into such schemes and not only lose money but
also become accused for enrolling members.