104. Decision Investigation of a report of cognizable offence.—

When a report of a cognizable offence is received, the officer-in-charge of the station must decide whether an investigation is desirable. In exercising the discretion allowed by Section 157 (1) (b) of the Code of Criminal Procedure, 1973 (2 of 1974), he should consider whether the case is for the civil rather than for the criminal Courts and whether action by the police is necessary in the interest of .the administration or expedient for the preservation of law and order.

No investigation should be made if the subject-matter of the complaint appears to fall within the scope of Section 95 of the Indian Penal Code, or if the complainant appears to be setting up a technical offence or exaggerating a trivial occurrence in order to obtain the help of the police in prosecuting a quarrel.

No investigation should be made in the following circumstances, except on the order of the Superintendent of Police, in any particular case, or with the concurrence of the Deputy Inspector General, in respect of any particular area :

(1) In cases of petty theft or burglary, unless there is reason to believe that professional criminals have been concerned, or the criminal has been arrested and the complainant desires a prosecution.

(2) In cases under Section 324 and 325 of the Indian Penal Code.

(3) In cases under Section 147 of the Indian Penal Code, unless grievous hurt has been caused or there is danger of a further serious breach of the peace.

(4) In cases under Sections 341 to 344, (unless the confinement continues at the time when the report is made) 454, 347 and 448 of the Indian Penal Code.

(5) In cases under Sections 406 and 420 of the Indian Penal Code, when there is prima facie evidence that case is of a civil nature.

Note.—In all cases of hurt, inflicted with a deadly weapon, the officer-in­charge of the station should consider wheather the circumstances are such as to justify the registration of a case under Section 307 or 308 of the Indian Penal Code. Cases registered under either of these sections must be promptly investigated as a matter of course without waiting for the order of the Superintendent of Police or the report of the medial officer.

105. Process, when a cognizable case will not be investigated.—

Whenever the officer-in-charge of a police station decides that a cognizable case will not be investigated, he must, in order to comply with the provisions of Section 157 (2) of the Code of Criminal Procedure, 1973 (2 of 1974) enter on the original and triplicate copies of the first information report his reasons for not investigating the case. He must also note on the duplicate copy which will be given to the person who has made the report, the fact that no investigation will be made. Whenever he makes or orders an investigation otherwise than on the order of the Superintendent of Police into any case or any of the classes enumerated in Clause (3) of paragraph 104 he must record in the general diary his reasons for doing so.

106. Completion of an Investigation.—

Investigation should ordinarily be carried out and completed on the spot, except in cases falling under Section 157 (1) (a) of the Code of Criminal Procedure, 1973 (2 of 1974). If, however, the scene of the offence is close to the police station, as in towns, and the case is not covered by Section 157 (1) (a) the investigating officer may, after visiting the spot, return to the police station to complete the investigation. Any police officer proceeding on an investigation of a serious offence is permitted by the railway authorities to travel by the first available train, passenger or goods but he may not stop it out of course.

107. Duties of an Investigating Officer.—

An investigating officer is not to regard himself as a mere clerk for the recording of statements. It is his duty to observe and to infer. In every case he must use his own expert observations of the scene of the offence and of the general circumstances to check the evidence of witnesses, and in cases in which the culprits are unknown to determine the direction in which he shall look for them. He must study the methods of local offenders who are known to the police with a view to recognizing their handiwork, and he must be on his guard against accepting the suspicions of witness and complainants when they conflict with obvious inferences from facts. He must remember that it is his duty to find out the truth and not merely to obtain convictions. He must not prematurely commit himself to any view of the facts for or against any person and though he need not go out of his way to hunt up evidence for the defence in a case in which he has satisfactory grounds for believing that an accused person is guilty, he must always give accused persons an opportunity of producing defence evidence before him, and must consider such evidence carefully if produced. Burglary investigations should be conducted in accordance with the special orders on the subject.

108. Steps for Investigating Officer to investigate the case.—

The first step of the investigating officer should be to note in the case diary prescribed by Section 172 of the Code of Criminal Procedure, 1973 (2 of 1974) the time and place at which he has received the information on which he acts and to make in the diary a copy of the first information report. When beginning his investigation he must note in the diary the time and place at which he begins. He should then inspect the scene of the alleged offence and question the complainant and any other persons who may be able to throw light on the circumstances. At an early stage of the investigation he should consult the village crime note-book to learn of any matter recorded there which may have a bearing on the case.

109. Entries of the case diaries.—

The case diary must contain the particulars required by Section 172 of the Code of Criminal Procedure, 1973 (2 of 1974) in sufficient detail to enable the supervising officer to appreciate the facts. Variations in the statement of the complainant from the first information report and the substance of supplementary statement, if any, should be recorded.

The investigating officer is not bound to reduce in writing any statement made to him in the course of an examination under Section 161 of the Code of Criminal Procedure, 1973 (2 of 1974). But if he does so, he shall make a separate record of the statement of each such person whose statement he records. The statement shall be recorded in the first person and shall contain such detail as are likely to be helpful in the prosecution of the case.

The law contemplates that the statement, if recorded, must be recorded separately. It will, therefore, not be sufficient compliance of the law if it is merely recorded that a witness substantiates, corroborates or verifies the statement of the complainant or another witness and as such the use of such phrases should be avoided.

The statement of the accused person must, however, be recorded in full. When investigation is closed for the day, the time and place at which it is closed must be noted, and throughout the investigation the diary must be sent daily to the Superintendent on all days on which any proceedings are taken. If the investigating officer is not himself in charge of station, the diary must be sent through the officer-in-charge except when this will cause delay. All changes of investigating officer must be recorded in it. If more officers than one are investigating the same case independently at the same time each should keep a separate diary. The provisions of Sections 162 and 173 of the Code of Criminal Procedure, 1973 (2 of 1974) must be carefully studied. In petty cases a very short case diary will ordinarily be sufficient.

110. Proceedings after arrests of a suspected person.—

The stage of the proceedings at which the investigating officer arrests a suspected person Section 44 of the Code of Criminal Procedure, 1973 (2 of 1974) is left to his discretion; he may watch a suspect, but may not restrict his movements without arresting him nor compel him to remain in attendance as a witness.

111. Search conducted by a police officer.—

A police officer about to conduct a search under the Code of Criminal Procedure or any other law must, before entering the place to be searched satisfy the owner, or occupier of the premises, if present, and the witnesses called under Section 100 (4) to (8) of the Code of Criminal Procedure, 1973 (2 of 1974), that neither he nor any other member of the search party, including the informer if present, has anything incriminating concealed about his person. No informer should be allowed to enter a place which is to be searched unless it is impossible to dispense with his assistance. Searches made under the Arms Act, Excise Act, Section 19 of the Opium Act (I of 1878) or Code of Criminal Procedure, 1973 (2 of 1974), may be made by day or night. Searches under the Salt Act (XII of 1882) and Section 14 of the Opium Act (I of 1878), may be made only by day.

112. Inquiries from a person.-

Persons from whom inquiries are made by the police should not be unnecessarily harassed or detained. If any person summoned under Section 100 or 160 of the Code of Criminal Procedure, 1973 (2 of 1974) requests that the period of his attendance be put on record, the investigating officer shall comply by making an entry on the foil and counterfoil of the order form No. 7.

113. Inquiries from public or railway servants.-

Inquiries in which public or railway servants are concerned either as accused or witnesses should be so conducted as to interfere as little as possible with their official duties. Although Section 66 of the Code of Criminal Procedure, 1973 (2 of 1974) does not compel a police officer to give notice to the official superiors of such servants when requiring them either sunder Section 100 (4) to (8) to attend as witnesses before Courts or under Section 160, be given; and no police or railway servant should ordinarily be required to leave his duties for the purpose of an investigation until reasonable opportunity has been allowed to his official superior to arrange for his relief. 

Police officer should attend Court on the dates fixed for their appearance. Absence from Court should not be taken lightly. The controlling officers granting permission to their subordinates to attend court should ensure that summonses are returned to the Court well before the date of hearing. The Superintendents of Police will maintain a register in which will be entered the names of the officials who did not attend court on the dates fixed. These names will be entered on the basis of reports received from Courts. The Superintendents of Police will immediately call for the explanation of the defaulting officer and will submit a copy of the explanation to the Court concerned for information within 15 days of the receipt of such complaint. If the explanation is not submitted within this period, the Court will report the matter to the District Magistrate for necessary action. Entries in this register must be taken into account at the time of recording annual remarks. It will be the duty of the Deputy Inspector General of Police to examine the register at the time of their inspections.

114. Plan of the scene of occurrence should be made by I.O.-

A plan of the scene of occurrence should be made by the investigating officer in every case of murder, dacoity or important burglary and in any other case in which such a plan will help a Court or a supervising police officer to a proper understanding of the facts. If the investigating officer is unable to prepare a plan with the necessary accuracy, he should if possible, have one made by a Patwari. A plan should always be signed by the person making it.

115. Dying declaration of seriously injured person to be recorded immediately.-

The officer investigating a case in which a person has been so seriously injured that he is likely to die before he can reach a dispensary where his dying declaration can be recorded, should himself record the declaration at once in the presence of two respectable witnesses, obtaining the signature or mark of the declarant and witnesses at the foot of the declaration.  

116. Identification parade of suspects.-

In all cases in which there is any likelihood that suspects will at any stage have to be paraded for identification by witness, the investigating officer must take steps from the very beginning of his investigation to ensure that witnesses are given no opportunity of seeing the suspects before identification proceedings are held. Such proceedings should whenever possible, be postponed until they can be held in the jail under the provisions of the Manual of Government Orders and Paragraph 31 of these regulations, for the due observance of which, as far as the police are concerned, the Public Prosecutor will then be responsible. When identification proceedings cannot be held in the jails, own to there being no sufficient evidence on which the suspects can be arrested for any other reason, the instructions referred to above must be followed by the investigating officer as far as they can be made applicable. In such cases the proceedings should take place before a Magistrate, as they would if they were held in the jails or if no magistrate is available before two respectable and impartial persons who should be asked to satisfy themselves that the proceedings are fair both to witnesses and to accused. In any case of importance, when no Magistrate is available to conduct identification proceedings not held in the jails, a gazetted police officer should arrange to attend.

117. Identification of articles of property recovered from suspects:-

In important cases the practice of having articles of property, recovered from suspects and suspected to be stolen, mixed up with other articles of a similar nature when the property is shown to complainants for identification may often be followed with advantage. In such cases precautions should be taken similar to those laid down for observance in the case of identification parades of accused persons, the person before whom the identification is held must be above suspicion, and it will be essential to prove that neither the property suspected, nor that with which it has been mixed could have been seen by the witnesses beforehand.

118. Cognizable offence done by a person in a second state of mind get no relaxation by the police.-

When it is established that a person has committed an act which would be a cognizable offence if done by a person in a second state of mind, it is not for the police to determine whether a defence can be made out on the ground of insanity. This question will be determined by the Court. The accused should be sent for trial and his mental condition should be mentioned in the diary.

119. Process for confession recorded by the Magistrate.-

When a confession is to be recorded under Section 164 of the Code of Criminal Procedure, 1973 (2 of 1974), the Magistrate should be asked to put question to the person making it with a view to eliciting as many details as possible by which its truth can be verified. Unless independent corroborative evidence can be obtained of its truth in material particulars, it will be of little use in Court. The primary use of true confession is to determine the future line for the investigations.

120. Who can record the confession.—

Every confession which a person in police custody wishes to make shall be recorded by the highest Magistrate other than the District Magistrate who can be reached in a reasonable time. Only Magistrates of the first class and Magistrate of the second class specially empowered by the local Government are authorized to record confession. Confessions in important cases of dacoity, and in other serious cases whenever possible, should be recorded by the District Magistrate or by a Magistrate of standing, preferably the Joint Magistrate, without regard to the part of the district in which the case occurred.

121. Remand for police custody.—

A remand to police'Custody should not be applied for or given unless the officer making the application is able to show definite, and satisfactory grounds. A general statement that the accused may be able to give further information should not be accepted. Applications for remand to police custody must be made through the Superintendent of Police or gazetted police officer incharge of a sub-division, and may be addressed only to Magistrates of the Status required by Section 167 of the Code of Criminal Procedure, 1973 (2 of 1974). Suspects must not be made over by the police to zamindars or other non-officials for the purpose of inducing confessions.

122. Completion of Investigation and submission of final report or charge sheet should be as soon as possible.—

(i) An investigation should be completed as soon as possible and when complete the investigating officer must comply with the provisions of Section 161-171 and 173 of the Code of Criminal Procedure, 1973 (2 of 1974). The report prescribed by Section 173 must under that section be submitted by the officer incharge of the police station under intimation to the Superintendent of Police and should be in the form of charge- sheet (Police Form No. 339), if the case is sent for trial and in the form of final report (Police Form No. 340), if the case is not sent for trial. The charge-sheet with the final diary in the cases shall be submitted to the Court through the Circle Officer and die Public Prosecutor and should reach the Court within four weeks of the date of lodging of the first information report in summons and warrants cases and eight weeks in Sessions cases. None of the Circle Officer and the Public Prosecutor should normally retain the charge-sheet for more than a week and the latter should submit it to the Court concerned within the time-limit prescribed. The prescribed time-limit should not be allowed to exceed except for very special reasons.

(ii) As soon as possible but in any case not later than a month of the expiry of each quarter, the Superintendent of Police shall submit to the District Magistrate, in the prescribed form and in duplicate, a quarterly list of cases in which charge- sheet could not be submitted within the prescribed time-limit of 4/8 weeks. The District Magistrate will forward it to the Range Deputy Inspector General of Police endorsing the other copy with his comments to the Commissioner of the Division. The Range Deputy Inspector General of Police will thereupon compile in the prescribed form, a statement of delayed cases and submit it to the Inspector General of Police who will forward the same to Government in Home Department (Police A) with his comments.

(iii) The final report must in all cases be submitted through the Superintendent of Police.

(iv) The information as the result of investigation must, as required by Section 173 (i) (b), Criminal Procedure Code, 1973 (2 of 1974) be sent by the officer in charge of the police station to the complainant if any in Police Form No. 47, at the time he submits the charge-sheet or the final report, as the case may be.

123. Previous convictions should be recorded in charge sheet.—

Particulars as to any previous convictions of an accused should be noted in Column 7 of the charge-sheet. If the accused resides in another police station of the same district, the officer-in-charge of that station should be asked to give details of previous convictions (if any) and to send them to the Public Prosecutor direct if time is short.

124. Complaint of cognizable or non-congnizable offence before the Magistrate.—

When any complaint of an offence, cognizable or non-cognizable of which a Magistrate has taken cognizance under Section 190 (a) of the Code of Criminal Procedure, 1973 (2 of 1974), is referred by him under Section 202 to the police for investigation, the Superintendent of Police or the gazetted police officer-in-charge of the sub-division must satisfy himself before forwarding the complaint to the police station concerned that the provisions of Section 200 and 202 of the Code of Criminal Procedure, 1973 (2 of 1974) have been fully observed. No case in which the statement of the complainant has not been taken on oath by the Magistrate under Section 200 or in which the Magistrate has not, under Section 202 recorded his reasons for holding that police investigation is necessary can legally be sent to the police for investigation. All such cases and all cases in which, the reasons recorded for sending the complaint to the police are prima facie invalid should be brought to the notice of the District Magistrate by the Superintendent of Police before any further action is taken. Investigation which the police are justifiably ordered by Magistrates to make into complaint case under Section 202 should be made as promptly as circumstances allow; but in so far as it is question of finding time for such investigations, cases which are registered and investigated by the police under section 197 (1) of the Code of Criminal Procedure, 1973 (2 of 1974) will ordinarily take precedence of complaint cases which are sent to them by Magistrates.

125. Process of Investigation when an Indian is killed by British soldiers.—

All tases in which there is any reason to suspect that an Indian has been killed, or wounded by British soldiers must be investigated by the Superintendent of Police himself unless a magisterial inquiry is made by an officer of not less than four year's standing as a Justice of the Peace. (Compare also Paragraph 357 of these regulations).

126. No analysis of the work of Investigating Officers.—

Any analysis of the work of investigating officers by the application of statistical tests is objectionable and encourages dishonesty. The Superintendent of Police should impress on officers of all ranks subordinate to him that their efficiency will not be judged by statistical tests, but by the manner in which they perform their duties.

127. Production of records of post office before the police.—

The following instructions have been given by Government to the Postal Department (see Police Gazette of March 18,1891):

"Production of records before the police" :

Records of a post 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 Code of Criminal Procedure : but only those entries in the records should be disclosed which relate to the person or persons accused of the offence under investigation, or which are relevant to that offence. In any other case the Postmaster should, without delay, refer for orders to the Postmaster-General, who will decide whether or not under Section 124 of Indian Evidence Act (1 of 1872), the information asked for should be withheld.

Note.—When the information asked by a police officer is not available in the records of the post office, the police officer should be informed accordingly, irrespective of the question whether the information, if available, might not be given under the forgoing rule.

128. Process when there is an outbreak of thefts from goods trains.—

In any locality in which there is an outbreak of the thefts from goods trains the Superintendent of the Government Railway Police will inform the Superintendents of Police of the districts concerned and conserted measures will be taken.