1225. (1) Under Section 156 of the Code of Criminal Procedure, an Officer-in-charge of a Police Station can investigate every cognizable case, which a court having jurisdiction over the local area within the limits of such station, would have power to inquire into or try under Chapter XIII of the Code of Criminal Procedure, relating to the place of inquiry or trial.
(2) According to Sub-Section (2) of Section 157 of the Code of Criminal Procedure, no proceedings of a Police Officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under Section 156 of the Code to investigate.
1227. “A case can include one offence or more than one offence. It may be either a cognizable case or a non-cognizable case. It would be a non-cognizable case only if every one of the offences is a non-cognizable offence. It would be a cognizable case under Section 2 (c) even if one or more, not necessarily all, of the offences in the case, are cognizable offences. The Code does not contemplate any case to be absolutely non-cognizable. An Officer-in-charge of the Police Station can investigate into non-cognizable offences included in a cognizable case, which he is competent to investigate under Sub-Section 3 of Section 156 Cr. P.C.”
1128. A Police Officer to whom a case is referred under Section 202 of the Code of Criminal Procedure for investigation, must investigate it himself. If an endorsement under Section 202 of the Code of Criminal Procedure by a Magistrate is addressed to a Superior Police Officer, who cannot by himself conduct the investigation, he may make an application to the Magistrate explaining the reasons therefor and request him to endorse the case to a Police Officer whom the Superior Officer will specify by name and designation. Upon such re-endorsement, the Police Officer to whom it has been so re-endorsed by name will conduct the investigation.
1229. Proviso (b) to Sub-Section (1) of Section 157 of the Code of Criminal Procedure allows the Officer-in-charge of a Police Station, who receives information regarding the commission of a cognizable offence, to use his discretion to abstain from investigating the case, if it appears to him that there is no sufficient ground for entering on an investigation. This discretion should ordinarily be exericsed in the following cases:
(1) Trivial cases coming within the purview of Section 95 of the Indian Penal Code;
(2) Cases which are obviously of the nature of civil dispute and where the complainant is apparently endeavouring to set the criminal law in motion to support a civil right ;
(3) Cases of petty theft of property , trivial in value, provided the accused person is not an old offender or a professional criminal ;
(4) Unimportant cases of hurt in which the injured persons do not desire an investigation;
(5) Simple case of house-trespass and petty thefts of unidentifiable property there is no clue to work upon or practical chance of detection and where there is nothing to indicate that the offence has been committed by a professional criminal; and
(6) Cases of simple hurt exaggerated by the addition of other charges such as theft.
1230. Officers-in-charge of Police Station should clearly understand that nothing in the above order justifies or permits shelving, or refusal to accept complaints of cognizable nature. All such complaints must be received, registered in the manner laid down in Section 154 of the Code of Criminal Procedure, and disposed of according to law. Where the Officer-in-charge of a Police Station sees no sufficient ground for entering upon an investigation, he should not hesitate to exercise the discretion vested in him by law to refuse investigation, but he should record his full reasons for doing so as required by Sub-Section (1) of Section 157 of the code as well as in the Station House Dairy. The complainant will also be informed in Form No. 159 that no investigation will be made.
1231. Sub-Divisional Officers and Circle Inspectors, when they receive First Information Reports should satisfy themselves that Officers-in-charge of Police Stations have exercised their discretion in this regard properly. They should, while encouraging the proper exercise of discretion under proviso (b) to Sub-Section (1) of Section 157 of the Code of Criminal Procedure, check any tendency to negligence and laziness on the part of Station House Officers, resulting in failure to investigate cases on improper or inadequate grounds or in the burking of complaints.
1232. Power to abstain from local investigation given under proviso (a) to Sub-Section (1) of Section 157 of the Code of Criminal Procedure is primarily intended to be exercised in cases which are complete on the information brought to the station and require no further investigation.
1233. When investigation is refused, a First Information Report only need be submitted but where further investigation is refused after a preliminary local investigation, a case diary shall be written and a final report sent.
INVESTIGATION TO BE IMPARTIAL
1234. Investigating Officers are warned against prematurely committing themselves to any view of the facts for or against, any person. The aim of the investigating officer should be to find out the truth, and to achieve this purpose, it is necessary to preserve an open mind throughout the investigation.
1236. Supervising Officers should during perusal of case diaries and inspection of Police Stations, see whether the preceding Order is being strictly complied with. The date of receiving the complaint and the date of investigation on the spot should also be noted.
1237. Under Section 157 Cr.PC it is only the Officer-in-charge of the Police Station or one of his subordinates not being below such rank as the State Government may, by general or special order, prescribe, who is competent to investigate the facts and circumstances of the case. In their Order No. HD 34 PPA 60, dated 29-9-1961, Government have under Sub-Section (1) of Section 157 Cr.PC prescribed the rank of Police Officers as “of and above the rank of H.C.” for this purpose.
1238. An Officer-in-charge of a Police Station should invariably proceed to the spot for investigation under Section 157 of the Code, but if, in any case, for any compelling reasons, it is quite impracticable for him to do so, he should always depute an officer not below the rank of a Head Constable for investigating the facts and circumstances of the case and for other purposes described in the said section. Whenever any officer is deputed for investigation, the officer deputing should give a written order to that effect, to the officer deputed. Superintendents, Sub-Divisional Officers and Inspectors when they receive F.I.R. and Case Diaries should satisfy themselves that Officer-in-charge of Police Stations have exercised their discretion in this regard properly and discourage any tendency to negligence and laziness.
1239. It is important that the Police Officer should proceed to the scene of crime as expeditiously as possible and undertake its thorough inspection as the presence of material evidence at the scene of crime may help
(a) to determine the facts of crime ;
(a) to establish the identity of the criminal;
(b) to establish the identity of the spot;
(c) to find out if witnesses are telling the truth or not;
(d) to find out whether they fit in with the story told by the witnesses;
(e) to demoralise the criminal who on being brought to the scene, himself sees the traces left by him;
(f) to help the investigating officer to reconstruct the crime;
(g) to aid in the arrest and conviction of the criminal; and
(h) to exonerate innocent persons.
1240. After Arrival at the Scene he should
(a) contact the man who reached the scene first and make enquiries;
(b) ensure that the scene of crime is not interfered with;
(c) not allow any unauthorised person to meddle in the inspection of the scene;
(d) avoid crowding at the spot and all thoughtless interference, as they always result in the destruction of clues;
(e) never leave the inspection of scene to his subordinates especially to those who are untrained;
(f) never take anything to be trivial but make his inspection thorough and minute;
(g) Search methodically, patiently and in a definite order;
(1) Should not forget that the scene of crime is not confined only to the immediate location.
(2) Should thoroughly search
i) the spot,
ii) the surroundings,
iii) line of approach of the culprits and
iv) line of departure of the culprits.
(3) While searching, should pay special attention to :
i) hedges,
ii) walls,
iii) barbed wire and
iv) nearby ponds, etc.
(h) While searching for traces, should consider :
i) the sort of traces which have to be looked for, having regard to the type of crime committed;
ii) the places where they are most likely to be found; and
iii) how best, when found, they could be preserved intact and unaltered, till examined by the expert; and
(i) should bear in mind the following traces and how they help in investigation:
(a) Finger-Prints (in crimes against per For fixing the identity of the criminal.
Sons and property, such as murder,
burglary, etc.)
(b) Footmarks (Crime against person For establishing the presence of the
and property by unidentified culprits accused at the scene of crime.
Viz., murder, burglary, robbery,
dacoity, etc.)
c) Tool marks (Burglary, wire-cutting For identification of the weapons and
cases, hatchet marks on skull in tools used.
murder cases)
(d) Teeth marks (on food, fruits, skin, To identify the criminal.
Etc.) – (Rape, sex, murders and
Theft of eatables, etc.)
(e) Tyre marks (Crime by motor To identify vehicles.
Vehicles)
(f) Skid marks For finding out
i) speed of the vehicle.
ii) Application of brakes.
(g) Deviation marks To find out if the driver tried to avoid the
accident.
(h) Mould marks on counterfeit coins To identify the mould used.
(i) Different kinds of apparatus used for To identify criminals and
counterfeiting coin and whether counter
feiting was possible.
(j) Cut marks on articles (wire theft Case) To identify instruments used by
comparing striations on cut
surfaces.
(k) Mark indicating struggle To establish the method by
which the crime was
committed.
(l) Filed out numbers on metals, resusci- For proving ownership
tation of number, designs, trade mark,
etc. (Car theft, machinery or cycle
theft, etc,)
(m) Marks of writing on blotting-paper, To prove forgery.
Carbon, charred documents, oblite-
ration, eradication, etc., inks and
Different kinds of forgery, simu
lating old documents.
(n) Any form of dust, soil, ashes, (a) To establish the trade of
animal and vegetable material, grass the suspect.
Seeds found on shoes, sawdust etc.
(b) To fix presence at scene.
(c) To chemically analyse ashes
for poisons, etc.
(o) Portions of metal of filling in clothing, etc. (a) To establish the profession
(b) To establish commission of .
counterfeiting.
(p) Blood stains seminal stains (Murder, To establish:
Hurt and rape cases). (a) identity of criminal,
(b) the spot,
(c) contact, etc.
(q) Chemical stains (Abortion, theft, etc,). (a) To indicate profession, if on
clothes, etc.
(b) To indicate contact with
materials of various kinds,
Paper, ink, etc.
(r) Paint, oil, grease marks, glass pieces (a) To establish identity of
vehicles.
(b) Arson cases.
(c) Instrument used in burglary
and house-breaking, etc.
(s) Hair-human or animal (Theft of To prove:
animals, rape, murder, hurt, gang (a) presence
cases, contact cases) (b) contact
(c) association.
(t) Feather, etc (theft of birds, furs, etc.) To prove identity of different
kinds of birds.
(u) Textiles, clothings, fibres. (a) For comparison with cloths
of suspect.
(b) For proving colour, textile
etc.
(c ) To prove, if torn from a
Particular cloth.
(v) Wood splinters, asbestos fibres, fragments To prove identity
of materials, etc. of stolen articles.
(w) Fire-arms, cartridges, empties, bullets, powder (a) To fix if fired from
stains, stray pellets, bullet marks for direction, particular weapon,
pellet marks indicating spread, signs of burning direction and distance
or friction marks on clothing, marks of powder from which fired.
on hands etc. (b) To find out if serviceable.
© To find out the
components of powder.
(d) Type, make and mark of
arms, ammunition, etc.
(x) Explosive To prove nature, type and
quality, if dangerous, live
or exploded.
(y) Bones To prove :
(a) height, (b) build,(c) sex,
(d) race, (e) age, (f) cause of
death.
(z) Stamps, postage, revenue, etc. (Forgery To prove forgery.
Cases) – forgery of currency notes and
their material.
(z-i) Machinery and its component parts To find out if it failed due to
defect in machinery or
negligence of operator.
(z-ii) Poisons (may be in tumblers, glass To fix :
bottles, paper, phials, sweets, vomits, (a) nature of poison,
faecus, etc. (b) type of poison
(c) quantity of poison used.
1241. The officer making the search should take down accurate and detailed notes, supported by accurate sketches drawn to scale, showing the whole lay-out and the exact places where the articles, etc., were found. It is not sufficient to say that an article was in a certain room or on a particular table, its exact position must be noted and, if necessary, an enlarged sketch of that portion of the scene must be drawn. In all important cases photographs of the scene and of the objects on which any useful clues are found should be taken.
1242. Sketches are useful in criminal investigation and prosecution, as they :-
(a) reduce the length of case diaries;
(b) make a much more exact impression on the mind, than written reports;
(c) make a lucid explanation of an intricate case fairly easy;
(d) introduce method into investigation;
(e) help judges, magistrates, and others to an accurate understanding of a case; and
(f) often prove whether a witness is reliable or not e.g., whether he was within the hearing of incident or was able to see what he stated he saw.
(g) The preparation of such sketches enriches the powers of observation of Investigating Officer.
1243. The sketches should :-
(a) be prepared to scale;
(b) indicate the compass point;
(c) mention the distance correctly;
(d) show the angles of cross-rods, road junctions and the angles between various articles;
(e) show the position of all articles, exhibits, marks of vehicles, etc., relevant to the case;
(f) describe such articles, marks, etc., by letters such as ‘A’, ‘B’, ‘C’, etc.,
(g) show the places from where the witnesses stood and witnessed the incident;
(h) mention all other important details;
(i) explain all such details in the margin or at their foot; and
(j) also mention –
i) scale together with title;
ii)case reference, date and time; and
iii)date and signature of the person who prepared them.
1244. The North Point can be obtained by either of the following methods:-
(a) by means of a compass;
(b) from an existing map of the area after it has been ‘set’ arranging a map on the ground it represents, in such a manner that a line from the point on the map which represents the observer’s position to any particular point on the map is the real direction of the point on the ground.
1245. In motor accident cases the sketches prepared should show:
(a) point of impact;
(b) track marks of the vehicles concerned in the accident;
(c) position of vehicles after the accident;
(d) width of the road and nature of road surface (whether metalled or otherwise);
(e) skid marks;
(f) brake impressions;
(g) position on the road of glass or other debris from the accident;
(h) dimensions of vehicles concerned;
(i) width and nature of the ‘Katcha’ portion of the road and roadside lands;
(j) if visibility is obscured by hedges, fences, walls, poles etc., and if so measurements thereof;
(k) any fixed object such as tree, telephone, telegraph or electric pole which might have a bearing on the accident or which might help to fix the exact position on the rod of any vehicles or injured persons concerned;
(l) road directions (traffic signs located at some distance ahead of the point to which they refer should be shown in such a way as to indicate the distance from the sign to the scene of the incident);
(m) compass points;
(n) scale;
(o) time of accident and the weather condition at that time;
(p) position of blood stains;
(q) position and direction of the dead body or the injured; and
(r) all other important details.
1246. The scale will have to be determined suitable to the locality or the scene to be sketched and to the size of the paper used for preparing the sketch and where necessary graph paper shall be used.
1247. If, in addition to the preparation of the sketch a photograph is taken, the exact place from where the photograph is taken should be noted in the sketch.
1248. Where a sketch prepared contains:
(a) details of Investigating Officer’s observations at the spot furnished to the sketcher;
(b) details of points and places ascertained by Investigating Officer from witnesses during investigation and furnished to the sketcher; the sketch in so far as it contains the details contained in (a) is admissible in evidence and in so far as it contains the details mentioned in (b) is inadmissible being hit by the provisions of Section 162 Cr.PC.
1249. Under Government OrdersNos.HA.3655-60/Pol-125 53-2, dated 10.9.1953 and HD.59 BLC 57, dated 23.11.1957 and Government letter No.HD.73 PBL 60, dated 13.9.1960. The Investigating Officer can requisition the services of the competent authorities of the Public Works Department for preparing such sketches.
1250. The sketch and its index should contain only-
i) details observed and measured by the sketcher;
ii) details of the points, places and position actually observed by the Investigating Officer and mentioned to the sketcher; and
iii) details of the points, places and positions actually seen by the eye-witnesses and other relevant witnesses and directly mentioned to the sketcher.
1251. When material facts, which maybe of value as evidence are observed by an Investigating Officer at the scene or at any other place, he shall, in the presence of witnesses, draw up a record of the facts supported, if necessary, by a plan. The witnesses should sign the record after its contents have been read over and carefully explained to them. They may afterwards be cited in court to prove the facts observed by them.
FIRST AID TO THE INJURED
1252. In the event of a person being dangerously wounded, the Police Officer who first arrives on the scene should render such first aid as is impossible and necessary, and take immediate steps to procure medical aid or send the wounded person without loss of time to the nearest hospital or dispensary for treatment. This should be done before entering on the formalities of the investigation, etc., as the delay thereby involved might cause serious risk to the life of the person so wounded. In nearly all cases, it should be possible for the Investigating Officer to note the position and nature of the injuries while arrangements are being made to procure medical aid or to send the injured person to a hospital.
VISITS TO OTHER STATES
1253. (1) Police Officers of and above the rank of Sub Inspectors visiting other State on duty should at once get in touch with the local Police Officers of similar rank and ask for their assistance in any enquiries they may be making in that State.
(2) Whenever an accused is to be apprehended or goods seized within the limits of any other State, close contact with the local police of that State should be maintained by the police of this state in the interest of good relations and also speedy and effective investigation. In emergent cases, where the time taken to contact the local police is likely to result in the disappearance or removal of incriminating evidence, or the escape of the suspected accused, independent action may be taken to the extent considered necessary, but the local State Police should be kept informed of the action taken as soon as possible.