Information to the police and their powers to investigate - Proposal to strengthen the legal framework

SEC

CONTENT HEADING

NEW ADDITIONS TO PLUG THE DEFICIENCIES

154

Information in cognizable cases

Information need not be always insisted in writing. The Complainant shall use all means of electronic channels to ensure that the information is registered at the police station and the data should be readily accessible to the State Police HQ for follow up and disposal. This would ensure not only transparency but also enable judicious classification of offences under Bailable, Non-Bailable, Cognizable, Non-Cognizable, Compoundable & Non-Compoundable. Every police station should be attached with a list of empanelled lawyers to render legal services both to the Police and as well as public so that professional interpretation of legal provisos is enabled at the initial stage itself.

155

Information as to non-cognizable cases and investigation of such cases.

All Non-cognizable cases and investigations should contain the prima-facie approval the local Magistrate who will engage the services of the Government Pleaders and other Law Officers before entrusting the case to the concerned police station for enquiry and investigation. Judiciary should first take lead and guide the law enforcing agencies in all such cases.

156

Police officer’s power to investigate cognizable case.

This Power should be entrusted only to the office of the District Superintendent of Police along with the Magistrate who will again seek the legal guidance from the Government law officers and the empanelled advocates as prescribed under Section 190 before taking cognizance of offences.

157

Procedure for investigation.

The Investigation Report should be duly ratified or attached with the Legal Opinion report of the Government empanelled advocate to study the legal feasibility which could serve as a main document for the prosecution.

158

Report how submitted.

Report should be invariably routed through the office of the District Superintendent of Police who must evaluate and forward to the District Magistrate along with the legal opinion report of the Government Lawyer.

159

Power to hold investigation or preliminary inquiry.

Magistrate should be empowered to directly summon the complainant and the parties notified in the report to the court after deputing his subordinate to collect and verify the evidences and witnesses and register in a dairy before conducting the preliminary inquiry at the court premises.

160

Police officer’s power to require attendance of witnesses.

Attendance of the witnesses should be taken on record and statements registered only in the presence of Senior Advocates.

161

Examination of witnesses by Police

1. Examination of witness should be done only the presence of a superior officer and Advocate.
2. Oral enquiries should be registered in a diary.
3. The true copy should be certified by DSP rank official.

162

Statements to police not to be signed: Use of statements in evidence.

Statements to police should be signed only the deponent and certified in the presence of Government appointed advocate

163

No inducement to be offered.

Inducement made by police official should also be recorded in the register.

164

Recording of confessions and statements.

Recording of confession and statements should be done only at the premises of Magistrate’s Court duly witnessed

164A

Medical examination of the victim of rape.

Rape victim should be examined only by a lady doctor not less than a Civil Surgeon rank and her report should contain all the details specified in this proviso and must depose before the court as the first prosecution witness.

165

Search by Police Officer.

Search procedures should be oriented only towards the Prime Accused all parties related to the crime. Under no circumstances the searching Police officer should take any other person directly or indirectly related to the crime to be taken to the police station for any inquiry or interrogation at the preliminary stage. Legal obligation of the Prosecution to summon others, if needed for inquiry so that no innocent is harassed by the police in the name of search or inquiry.

166

When officer in charge of Police station may require another to issue search-warrant.

Search warrant procedures should not cause any harassment or assault or torture by the police. The concerned police officer should be held personally liable for causing damage to life and property

167

Procedure when investigation cannot be completed in twenty-four hours.

If the Investigation could NOT be completed in 24 hours the accused should be summoned before the Magistrate submitting all documents and Medical report alongwith the reasons for delay and apply for remand procedures for the Judge to decide.

168

Report of investigation by subordinate Police officer.

Report of Investigation by the Subordinate Police officer should be complete on all respects and should contain all material facts and evidences duly signed and witnessed by the parties.

169

Release of accused when evidence deficient.

When evidence is deficient the complainant and the accused should be summoned before the Magistrate and record his submissions and affidavit and requisite bonds. Police authorities’ along with the Law Officers of the Court should take up for disposal of the complaints based on available facts on hand.

170

Cases to be sent to Magistrate, when evidence is sufficient.

All original case documents including copies of statutory registers, bonds, affidavits, statements, etc should be signed by the parties concerned duly verified by advocates on both sides with regard to applicability of the relevant provisos of Criminal Laws to the case and submitted before the Magistrate with a set of copy delivered to all persons who executed the documents.

171

Complainant and witnesses not to be required to accompany police officer and not to be Subjected to restraint.

Compliance of this proviso should be strictly adhered and any violation would be subject to suitable disciplinary action against the erring police officer besides suspension of service. Non-execution or refusal of signing bond by the Complainant and witnesses should be mentioned before the Judicial Magistrate by the prosecution and the former can make submission for the reasons thereof before the Judge directly.

172

Diary of proceedings in investigation

Proceedings in Investigation should be electronically transmitted into the HQ Server under the registered login id of the police official who should also ensure proper maintenance of hardcopy records of case documents and annexures, etc.

173

Report of police officer on completion of investigation.

Once investigation process is completed the police officer should ensure uploading of all softcopies of all case documents into the HQ Server through data entry into a standard application software under a secured login id. The System should generate a unique Case ID and be noted on the physical copies of the case diary duly sealed and submitted to Magistrate.

174

Police to enquire and report on suicide, etc.

Police on receipt of information about any incident should accompany a Government doctor alongwith two or more respectable inhabitants of the neighbourhood to visit the scene of crime or accident or assault or the place suicide committed and body found. They must note down all details of the victim on the spot and submit directly to the Police station with a copy directly to the District Police HQ.

175

Power to summon persons.

Power to summon any person including the prime accused, accomplices and witnesses thereon should be entrusted only to the next higher police official of the Police Station based on prima facie facts and evidences received from the complainant

176

Inquiry by Magistrate into cause of death.

Magistrate should certify the correct Cause of Death based on his assessment by application of his mind on the basis of the medical-legal facts based on videography conduct of autopsy reports submitted by the Govt. doctors.