POWERS OF SEARCH
1291. Under Section 91 of the Code of Criminal Procedure, whenever any Officer-in-charge of a Police Station considers that the production of any document or other thing is necessary or desirable for the purpose of any investigation under the Code of Criminal Procedure by such officer, he may issue a written order to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it or to produce it at the time and place stated in the order. The person receiving such an order is legally bound to produce it unless the document requisitioned comes within the purview of Section 123 or Section 124 of the Indian Evidence Act. Failure to produce the document or thing is punishable under Section 175 of the I.P.C.
1292. If the document or other thing is in the possession of the accused, an order for its production shall not be issued, as it contravenes Clause (3) of Article 20 of the Constitution of India. It should be seized either from him or through a search.
POLICE INSPECTION OF POST OFFICE RECORDS
1293. When an Investigating Officer, during any investigation under the Criminal Procedure Code or any other law in force for the time being requires to inspect any post office records, shall make a written application to the Postmaster, who will produce the records and give the information required, provided that only those entries in the records, which relate to the person or persons accused of the offence under investigation or which relate to that offence will be disclosed. In any other case, the Postmaster will refer to the Postmaster-General, who will decide whether or not, the information should be withheld under Section 124 of the Indian Evidence Act, 1872 (Act I of 1872).
1294. The instructions issued by the Director-General of Posts and telegraphs (paragraph 152, Vol. V of the Posts and Telegraph Manual, 1950) regarding production of records in the custody of the post office are as follows:
“152. Production of records before police or excise officer,
1) Records of a post office or mail office should be produced, and information available in them should be given on the written order of any police officer who is making an investigation under the Cr. P.C., or of any excise officer empowered by a local Government or administration to investigate offences punishable under the Excise Act, in force in the area, but only those entries in the records which relate to the person or persons charged with the offence under investigation or which are relevant to that offence should be disclosed. In any other case, the official in charge of the office should, without delay, refer for orders to the Head of the Circle, who will decide whether or not, under Section 124 of the Indian Evidence Act (I of 1872), the information asked for should be withheld.
2) When the information asked for by a police or an excise officer is not available in the records of the officer concerned, the police or the excise officer should be informed accordingly, irrespective of the question whether the information, if available, might or might not be given.”
INSPECTION AND OBTAINING OF DOCUMENTS IN THE CUSTODY OF AUDIT (INCLUDING POSTS AND TELEGRAPH) OFFICES
1295. (1) Investigating Police Officers will be given all facilities to inspect within the respective offices the original documents in the custody of audit offices. They will also have facilities to take out copies of such documents (including photostat copies). Even where an original document has to be shown to a witness during the process of investigation, it will be possible in many cases to have that carried out at the audit office.
(2) In a case where an Investigating Officer considers that it is not possible to proceed with the investigation of a case without securing the original documents which are in the possession of an audit office, the matter should be reported by him to the Director General, who, after carefully examining the request of the Investigating Officer and satisfying himself that there is sufficient justification for obtaining the original documents, will refer the matter to the Accountant-General with the request that the required documents be handed over to the Investigating Officer in original. The Director General will expressly mention in his reference that copies, including photostat copies, would not serve the purpose of the Investigating Officer. The Accountant-General will then arrange for the required documents being handed over to the police, as early as possible, after retaining photostat copies, the responsibility for preparing photostat copies being that of the audit office.
(3) In a case where an Investigating Officer finds it necessary to have the original documents in the possession of an audit office examined by the handwriting or Finger-print Expert, the Director General will authorise the Accountant-General to hand over the documents, in original, direct to the Investigating Officer, who may use them for identification purpose and also have them examined by the Forensic Science Laboratory, or the Director, Finger-Print Bureau.
(4) The above instructions apply to documents, in the possession of the audit offices of the Posts and Telegraphs Department.
(5) Police Officers are strictly forbidden to resort to the use of Sections 91and 92 of the Code of Criminal Procedure to secure original documents from audit offices.
DOCUMENTS IN BANK
1296. With regard to the inspection, production and proof of bank documents, attention is drawn to the provisions of the Bankers’ Books Evidence Act.
INSPECTION OF RECORDS OF CRIMINAL AND CIVIL COURTS BY THE POLICE
1297. If, in the course of any investigation it becomes necessary for the Police to look into the records of any criminal case, the Investigating Officer has to obtain the permission of the Presiding Officer of the Court in which the records are lodged, and inspect the same in the presence of the Head Ministerial Official. The Investigating Officer can also be permitted to take copies of such records for purposes of investigation.
OUT-PATIENT AND ACCIDENT REGISTERS
1298. Medical Officers and subordinates in charge of institutions, and dispensaries have been directed to allow the Police Officers access to the Out-patient and Accident Registers and to furnish certified extracts therefrom on requisition. The following instructions have been issued by the Director of Medical Services to the Medical Officers:
(1) All the Heads of Institutions or the Medical Officers, who are concerned with the issue of certificates, should issue the certificates as promptly as possible and it should not be delayed for more than 24 hours from the time of admission. If a case is treated on a particular day, the wound certificate must be issued before the next day 12 Noon.
(2) In case where further investigations like X-ray, Pathological, etc. have to be conducted, another certificate in continuation to the one already issued must be given immediately after the investigations are over. However, a mention should be made in the first certificate about the issue of the next certificate, which will be issued after investigations.
(3) The Resident Medical Officer of each institution should check up the Accident Register for the correctness of the entries made therein and he should also sign in the Accident Register daily after going through the entries.
(4) The Accident Register should be kept open to the Police Officer who is investigating the case or his representative, pending the issue of the wound certificate. The Police Officer can see the register with the permission of the Medical Officer and in his presence.
(5) Copies of the Accident Register should be furnished to the Police Investigating Officers immediately after a requisition is received from them and this should not be delayed on any account, so as to facilitate them to carry on their investigating work.
(6) Corrections or over-writings, in the Accident Register, as far as possible, should be avoided. However, if any corrections or over-writing become inevitable, the number of such corrections made should be entered on one side in the Accident Register immediately after the entry. The police authorities should also be informed about the corrections made in the Accidents Register by mentioning the same in the certificate.