(3) Every inspecting officer shall be Every inspecting officer shall be (3) furnished by the Bureau with a furnished by the Bureau with a certificate of appointment as an certificate of appointment as an inspecting officer and the certificates inspecting officer and the certificates shall, on demand, be produced by the shall, on demand, be produced by the inspecting officer. inspecting officer.
Investigation Investigation Section 2(H) Section 2(H) “investigation investigation” ” includes all the “ includes all the proceedings under this Code for proceedings under this Code for the collection of evidence the collection of evidence conducted by a police officer or conducted by a police officer or by any person (other than a by any person (other than a Magistrate) who is authorized by Magistrate) who is authorized by a Magistrate in this behalf; a Magistrate in this behalf;
Investigation Investigation Para 6.10 of Enforcement Para 6.10 of Enforcement Manual Manual 1. On detection of the violation, immediate action On detection of the violation, immediate action 1. shall be taken by BO to initiate investigations BO to initiate investigations shall be taken by for collection of the necessary evidence for the for collection of the necessary evidence for the purpose of taking prosecutive prosecutive action. An . An purpose of taking action attempt shall be made to collect the evidence, attempt shall be made to collect the evidence, documentary and material, with best possible documentary and material, with best possible linkage between the two, to establish the linkage between the two, to establish the violation and to pin down the person who has violation and to pin down the person who has actually contravened the Law. The evidence actually contravened the Law. The evidence must be collected without and delay to avoid must be collected without and delay to avoid losing it. losing it. 2. The onus of proving the violation lies with the The onus of proving the violation lies with the 2. prosecution. The evidence, therefore has to be The evidence, therefore has to be prosecution. legally tenable. . legally tenable
Inquiry Inquiry Section 2(G) Section 2(G) “inquiry inquiry” ” means every “ means every inquiry, other than a trial, inquiry, other than a trial, conducted under this Code conducted under this Code by a Magistrate or Court; by a Magistrate or Court;
Complaint Complaint Section 2(D) Section 2(D) “complaint complaint” ” means any allegation means any allegation “ made or in writing to a Magistrate, made or in writing to a Magistrate, with a view to his taking action with a view to his taking action under this Code, that some person, under this Code, that some person, whether known or unknown, has whether known or unknown, has committed an offence, but does but does committed an offence, not include a police report. not include a police report.
Inquiry into Complaint Inquiry into Complaint Section 202(I) Section 202(I) Any Magistrate, on receipt of a complaint of Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take an offence of which he is authorized to take cognizance or which has been made over to cognizance or which has been made over to him under section 192, may, if he thinks fit, him under section 192, may, if he thinks fit, postpone the issue of process against the postpone the issue of process against the accused, and either inquire into the case either inquire into the case accused, and himself or direct an investigation to be himself or direct an investigation to be made by a police officer or by such other made by a police officer or by such other person as he thinks fit, for the purpose of , for the purpose of person as he thinks fit deciding whether or not there is sufficient deciding whether or not there is sufficient ground for proceeding. ground for proceeding. …Contd
(3) If an investigation under (3) If an investigation under sub- -section (1) is made by a section (1) is made by a sub person not being a police person not being a police officer, he shall have for that officer, he shall have for that investigation all the powers investigation all the powers conferred by this code on an conferred by this code on an officer in charge of a police officer in charge of a police station except the power to except the power to station arrest without warrant. . arrest without warrant
Steps in Investigation Steps in Investigation To ascertain and record the facts To ascertain and record the facts a) a) concerning the commission of concerning the commission of crime. crime. To identify criminal and his To identify criminal and his b) b) accomplices if any; accomplices if any; To arrest and apprehend criminals; To arrest and apprehend criminals; c) c) To secure, preserve and evaluate To secure, preserve and evaluate d) d) evidence ; and evidence ; and To put evidence in court in a legal To put evidence in court in a legal e) e) and presentable form. and presentable form. …Contd
Steps in Inquiry Steps in Inquiry 1) Collection of information 1) Collection of information 2) Planning raids 2) Planning raids 3) Police help 3) Police help 4) Preservation of crime scene 4) Preservation of crime scene 5) Recording of crime scene 5) Recording of crime scene 6) Sketching the crime scene 6) Sketching the crime scene 7) Photograph of the crime scene 7) Photograph of the crime scene 8) Search of Evidence 8) Search of Evidence 9) Seizure of exhibits 9) Seizure of exhibits 10) Recording of documentary/oral evidence 10) Recording of documentary/oral evidence 11) Drafting of Complaints 11) Drafting of Complaints 12) Administrative/legal sanction/approval 12) Administrative/legal sanction/approval 13) Filing of complaint to the court 13) Filing of complaint to the court 14) Follow up action 14) Follow up action
Collection of Information Collection of Information Consumer Consumer 1) 1) Consumer Association Consumer Association 2) 2) Non- - Govt. Organization Govt. Organization Non 3) 3) Informers Informers 4) 4) Departmental surveys/Inspections Departmental surveys/Inspections 5) 5) Competitors in Business Competitors in Business 6) 6) Business Firms Business Firms 7) 7) State and Centre intelligence agencies State and Centre intelligence agencies 8) 8) State Police State Police 9) 9) Anonymous Caller Anonymous Caller 10) 10) Departmental Employees Departmental Employees 11) 11) News papers/Journals News papers/Journals 12) 12) Exhibitions/displays in market Exhibitions/displays in market 13) 13) Raids by sister agencies Raids by sister agencies 14) 14) Consumer Courts Consumer Courts 15) 15)
Confidentiality of Information Confidentiality of Information Section 30 Section 30 Any information obtained by an Any information obtained by an inspecting officer or the Bureau from inspecting officer or the Bureau from any statement made or information any statement made or information supplied or any evidence given or from supplied or any evidence given or from inspection made under the provisions of inspection made under the provisions of this Act shall be treated as confidential: : this Act shall be treated as confidential Provided that nothing in this section Provided that nothing in this section shall apply to the disclosure of any shall apply to the disclosure of any information for the purpose of information for the purpose of prosecution under this Act. prosecution under this Act.
Right to Information and Right to Information and Confidentiality of Information Confidentiality of Information Section- - 8(G) 8(G) Section Information, the disclosure of Information, the disclosure of which would endanger the life or which would endanger the life or physical safety of any person or physical safety of any person or identify the source of information identify the source of information or assistance given in confidence or assistance given in confidence for law enforcement or security for law enforcement or security purposes; purposes;
Planning Raids Planning Raids Credibility of Information Credibility of Information • • Raccy Raccy • • Composition of Raiding Party Composition of Raiding Party • • Time of Raid Time of Raid • • Confidentiality Confidentiality • • Transport Transport • • Administrative approval Administrative approval • • Fixing targets for member of the raiding party Fixing targets for member of the raiding party • • Police help for protection Police help for protection • • Disclose identity and authority Disclose identity and authority • • Quick action Quick action • • Avoid altercation/discussion Avoid altercation/discussion • • Surveillance over surroundings Surveillance over surroundings • • Timely retreat Timely retreat • • Report to the Police Report to the Police • • Report to the Seniors Report to the Seniors • • Acknowledgement of help Acknowledgement of help • •
Police Help Police Help • Section 23 Police Act, 1861 Section 23 Police Act, 1861 • • Written request for Police help Written request for Police help • • Confidentiality of Raid Confidentiality of Raid • • Written order for the S.H.O for help Written order for the S.H.O for help • • Co Co- - ordination with the S.P. ordination with the S.P. • • Acknowledgement Acknowledgement •
Preservation Preservation of of Crime scene Crime scene
Crime scene Crime scene Recording Recording of of
crime scene crime scene Sketching Sketching the the
Photograph Photograph crime scene crime scene of of
Search for Evidence Search for Evidence Section - -26 26 Section ► ► If the inspecting officer has reason to If the inspecting officer has reason to believe that any article or process in believe that any article or process in relation to which the contravention of relation to which the contravention of section 11 or section 12 has taken place section 11 or section 12 has taken place are secreted in any place, premises or are secreted in any place, premises or vehicles, he may enter into and search vehicles, he may enter into and search such place, premises or vehicle for such such place, premises or vehicle for such article or process. article or process. ► Where, as a result of any search made ► Where, as a result of any search made under sub- - section (1), any article or under sub section (1), any article or process has been found in relation to which process has been found in relation to which contravention of section 11 or section 12 contravention of section 11 or section 12 has taken place, he may seize such article has taken place, he may seize such article and other things which, in his opinion, will and other things which, in his opinion, will be useful for, or relevant to, any be useful for, or relevant to, any proceeding under this Act: proceeding under this Act: …Contd
Provided that where it is not practicable Provided that where it is not practicable to seize any such article or thing, the to seize any such article or thing, the inspecting officer may serve on the inspecting officer may serve on the owner an order that he shall not owner an order that he shall not remove, part with, or otherwise deal remove, part with, or otherwise deal with, the article or things except with with, the article or things except with the previous permission of the the previous permission of the inspecting officer. inspecting officer. Code of (3) The provision of the Code of (3) The provision of the Criminal Procedure, 1973, relating to Criminal Procedure, 1973, relating to searches and seizures shall, so far as searches and seizures shall, so far as may be, apply to every search or seizure may be, apply to every search or seizure made under this section. made under this section.
Personal Search Personal Search Section- - 51 51 Section ► Whenever a person is arrested by a ► Whenever a person is arrested by a police office under a warrant which police office under a warrant which does not provide for the taking of does not provide for the taking of bail, or under a warrant which bail, or under a warrant which provides for the taking of bail but provides for the taking of bail but the person arrested cannot furnish the person arrested cannot furnish bail, and bail, and whenever a person is arrested whenever a person is arrested without warrant, or by a private without warrant, or by a private person under a warrant and cannot person under a warrant and cannot legally be admitted to bail or is legally be admitted to bail or is unable to furnish bail. unable to furnish bail. …Contd Contd …
the officer making the arrest or, when the officer making the arrest or, when the arrest is made by a private person, the arrest is made by a private person, the police officer to whom he makes the police officer to whom he makes over the person arrested, any search over the person arrested, any search such person, and place in safe custody such person, and place in safe custody all articles, other than necessary all articles, other than necessary wearing- -apparel, found upon him and apparel, found upon him and wearing where any article is seized from the where any article is seized from the arrested person, a receipt showing the arrested person, a receipt showing the articles taken in possession by the police articles taken in possession by the police officer shall be given to such person. officer shall be given to such person. (2) Whenever it is necessary to cause a (2) Whenever it is necessary to cause a female to be searched, the search shall female to be searched, the search shall be made by another female with strict be made by another female with strict regard to decency. regard to decency.
Search of Premises Search of Premises Section- -100 100 Section Whenever any place liable to search or (1) Whenever any place liable to search or (1) inspection under this Chapter is closed, inspection under this Chapter is closed, any person residing in, or being in any person residing in, or being in charge of, such place, shall, on demand charge of, such place, shall, on demand of the officer or other person executing of the officer or other person executing the warrant, and on production of the the warrant, and on production of the warrant, allow him free ingress thereto, warrant, allow him free ingress thereto, and afford all reasonable facilities for a and afford all reasonable facilities for a search therein. search therein. (2) If ingress into such place cannot be so If ingress into such place cannot be so (2) obtained, the officer or other person obtained, the officer or other person executing the warrant may proceed in executing the warrant may proceed in the manner provided by sub- -section (2) section (2) the manner provided by sub of section 47. of section 47. …contd
Search of Premises Search of Premises Section- -100 100 Section (3) Where any person in or about such place is (3) Where any person in or about such place is reasonably suspected of concealing about his reasonably suspected of concealing about his person any article for which search should be person any article for which search should be made, such person may be searched and if such made, such person may be searched and if such person is a woman, the search shall be made by person is a woman, the search shall be made by another woman with strict regard to decency another woman with strict regard to decency (4) Before making a search under this Chapter, (4) Before making a search under this Chapter, the officer or other person about to make it the officer or other person about to make it shall call upon two or more independent and shall call upon two or more independent and respectable inhabitants of the locality in which respectable inhabitants of the locality in which the place to be searched is situate or of any the place to be searched is situate or of any other locality if no such inhabitant of the said other locality if no such inhabitant of the said locality is available or is willing to be a witness locality is available or is willing to be a witness to the search, to attend and witness the search to the search, to attend and witness the search and may issue an order in writing to them or and may issue an order in writing to them or any of them so to do. any of them so to do. …contd
Search of Premises Search of Premises Section- -100 100 Section (5) The search shall be made in their presence, (5) The search shall be made in their presence, and a list of all things seized in the course of and a list of all things seized in the course of such search and of the places in which they such search and of the places in which they are respectively found shall be prepared by are respectively found shall be prepared by such officer or other person and signed by such officer or other person and signed by such witnesses; but no person witnessing a such witnesses; but no person witnessing a search under this section shall be required to search under this section shall be required to attend the Court as a witness of the search attend the Court as a witness of the search unless specially summoned by it. unless specially summoned by it. (6) The occupant of the place searched, or some (6) The occupant of the place searched, or some person in his behalf, shall, in every instance, person in his behalf, shall, in every instance, be permitted to attend during the search, and be permitted to attend during the search, and a copy of the list prepared under this section, a copy of the list prepared under this section, signed by the said witnesses, shall be signed by the said witnesses, shall be delivered to such occupant or person. delivered to such occupant or person. …contd
Search of Premises Search of Premises Section- -100 100 Section (7) When any person is searched under (7) When any person is searched under sub- -section (3), a list of all things taken section (3), a list of all things taken sub possession of shall be prepared, and a possession of shall be prepared, and a copy thereof shall be delivered to such copy thereof shall be delivered to such person. person. (8) Any person who, without reasonable (8) Any person who, without reasonable cause, refuse or neglects to attend and cause, refuse or neglects to attend and witness a search under this section; witness a search under this section; when called upon to do so by an order in when called upon to do so by an order in writing delivered or tendered to him, writing delivered or tendered to him, shall be deemed to have committed an shall be deemed to have committed an offence under section 187 of the Indian offence under section 187 of the Indian Penal Code (45 of 1860) Penal Code (45 of 1860)
Search Search Section 47 (2) Section 47 (2) If ingress to such place cannot be obtained If ingress to such place cannot be obtained under sub- -section (1), it shall be lawful in section (1), it shall be lawful in under sub any case for a person acting under a warrant any case for a person acting under a warrant and in any case in which a warrant may and in any case in which a warrant may issue, but cannot be obtained without issue, but cannot be obtained without affording the person to be arrested an affording the person to be arrested an opportunity of escape, for a police officer to opportunity of escape, for a police officer to enter such place and search therein, and in in enter such place and search therein, and order to effect an entrance into the place, to order to effect an entrance into the place, to break open any outer or inner door or break open any outer or inner door or window of any house or place, whether that , whether that window of any house or place of the person to be arrested or of any other of the person to be arrested or of any other person, if after notification of his authority person, if after notification of his authority and purpose, and demand of admittance and purpose, and demand of admittance duly made, he cannot otherwise obtain duly made, he cannot otherwise obtain admittance: admittance:
Search Search Section 187 I PC Section 187 I PC Omission to assist servant when Omission to assist servant when bound by law to give assistance bound by law to give assistance Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, Intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both: (Non Cognizance , Bailable)
Search Warrant Search Warrant Section 93(1) Section 93(1) where the Court considers that the where the Court considers that the C. C. purposes of any inquiry, trial or purposes of any inquiry, trial or other proceeding under this Code other proceeding under this Code will be served by a general search or will be served by a general search or inspection, inspection, - it may issue a search – –warrant; and warrant; and - it may issue a search the person to whom such warrant is the person to whom such warrant is directed, may search or inspect in directed, may search or inspect in accordance therewith and the accordance therewith and the provisions hereinafter contained. provisions hereinafter contained.
Search by Police Officer Search by Police Officer Section 165 Section 165 (1) Whenever an officer Whenever an officer- -in in- -charge of a police charge of a police (1) station or a police officer making an station or a police officer making an investigation has reasonable grounds for reasonable grounds for investigation has believing that anything necessary for the believing that anything necessary for the purposes of an investigation into any offence purposes of an investigation into any offence which he is authorized to investigate may be which he is authorized to investigate may be found in any place within the limits of the found in any place within the limits of the police station of which he is – –charge, or to charge, or to police station of which he is which he is attached, and that such thing which he is attached, and that such thing cannot in his opinion be otherwise obtained cannot in his opinion be otherwise obtained without undue delay, such officer may, after after without undue delay, such officer may, recording in writing the grounds of his belief recording in writing the grounds of his belief and specifying in such writing, so far as and specifying in such writing, so far as possible, the thing for which search is to be possible, the thing for which search is to be made, search or cause search to be made search or cause search to be made, , made, for such thing in any place within the limits for such thing in any place within the limits of such station. of such station.
Principles of Investigation Principles of Investigation • Patience Patience • • Preparation Preparation • • Procedure Procedure • • Prosecution Prosecution • • Pairavi Pairavi • • Protection Protection •
Collection of Evidence Collection of Evidence …contd
Evidence Section – 3 Evidence means and includes (i) Oral evidence i.e. statement made by a witness in relation to matter before the court. (ii) Documentary evidence i.e. documents produced before the court for inspection. > The definition is inclusive and not complete. There are other things also to which the court take notice in the court proceedings like Case Property, Question asked by the judge, Report of local commission etc.
Evidentiary Value Means value attached to a thing by the court as an evidence. Court can attach value to a thing as an evidence only when 1. It is Relevant (R) 2. It is Admissible (A) 3. It is given by a Witness (W)
What is Relevant ? Relevant means (i) Connected and (ii) Admissible • All relevant facts may not be admissible • A relevant fact may not be admissible by reason of i) Public Policy (Privileged Communication) ii) Constitutional Validity (Article 20 (3) iii) Legal declarations (S. 24 & 25 IEA) • Only those relevant facts are admissible which are declared so in sections from S.5 – 55 of IEA
Witness (i) Competent to depose (Insanity etc.) (ii) Can understand the question and give its rational answer.
Fundamental Rules of Evidence (i) Best evidence should be given in each case. Direct evidence is the best evidence. (i) Evidence must be confined to relevant fact (ii) Hearsay evidence should not be admitted. but There is one exception to the above 3 rules and i.e. expert opinion u/s 45 IEA
Expert’s Opinion S. 45 When opinion of third person is relevant When the court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting or finger impression, the opinion upon that point, of persons specially skilled in such foreign law, science or art or in questions as to impressions are relevant facts. Such person are called experts.
Expert’s Opinion S. 293 Cr.PC Reports of certain Govt. Scientific experts admissible per se The report of certain Govt. Scientific experts may be used as evidence in proceeding under the Cr.PC. Such report is admissible as evidence per se. The Govt. Scientific expert may not be called in the court for deposition. He may depute his assistant also to give evidence in the court on his report unless specifically directed by the court for personal appearance in the court for deposition. Such government scientific experts are listed in section 293 (4) and they are - (a) Chemical examiner or Asstt. Chemical examiner to Govt. (b) Chief Inspector of Explosive (c) Director FPB (d) Director, Haffkeine Institute Bombay (e) Director, DD, AD of CFSL or State FSL (f) Serologist to the Govt. It does not mean that only above named experts are the only experts. It only means that their evidence/report is admissible per se in the court. Other experts have to come personally to depose in the court and their report per se is not admissible.
Who is an expert ? An expert is one who has acquired special knowledge, skill or experience in any science, art, trade or profession; such knowledge may have been acquired by practice, observation or careful studies.
Who is an expert ? 1. Collector Jabalpur v. A.Y. Jahangir (AIR) 1971 MP 32. A person having special knowledge of market value of land by experience is an expert. 2. Section 53 Cr.PC – A registered medical practiceinner (R.M.P.) is an expert
Evidentiary Value of Expert Opinion 1. Las society of India V Fertilize & Chemicals Travancore Ltd, (AIR 1994 Ker 308) Expert opinion is not necessarily binding on the court 2. U. Jhansi Lakshmi Bai V J Venkatesware Rao (1993) 3 ALT 446 Mere opinion of the expert can not over ride the positive evidence of the attesting witness 3. Forest Range Officer V P. Mohammad Ali (AIR 1994 SC 120) Expert opinion was only the opinion evidence. It is weak evidence. It require corroboration. It does not help court in interpretation …contd
Evidentiary Value of Expert Opinion 4. S Gopal Reddy V State of AP (1996) 4 SCC 596 Evidence of an expert is a weak type of evidence and is not a conclusive proof. It is not safe to rely upon the same without seeking corroborate When there is contradiction between oral evidence 5. and expert opinion, the oral evidence would prevail Expert opinion requires corroboration to form the 6. basis of conviction
Pre requisite of expert evidence Before expert opinion can be admitted, two things must be proved (i) Subject is such that expert opinion is necessary i.e. a subject matter of science, art, foreign law, identification of handwriting and finger print etc as defined in S. 45 IEA (ii) Witness in question is an expert (Parat V Bissessar ILR 39 Cal 245)
Search and Seizure Search and Seizure Para 6.10.2.3. Para 6.10.2.3. Procedure/Guidelines for Procedure/Guidelines for Actual Process of Search Actual Process of Search and Seizure and Seizure
Protection for action taken Protection for action taken in good faith in good faith Section- -31 31 Section All members, officers and other All members, officers and other employees of the Bureau shall be employees of the Bureau shall be deemed, when acting or deemed, when acting or purporting to act in pursuance of purporting to act in pursuance of any of the provisions of this Act, any of the provisions of this Act, to be public servants within the to be public servants within the meaning of section 21 the Indian meaning of section 21 the Indian Penal Code. Penal Code. …Contd
No suit, prosecution or other legal No suit, prosecution or other legal proceeding shall lie against the proceeding shall lie against the Government or any officer of the Government or any officer of the Government or any member, officer Government or any member, officer or other employee of the Bureau for or other employee of the Bureau for anything which is in good faith anything which is in good faith done or intended to be done under done or intended to be done under this Act or the rules or regulations this Act or the rules or regulations made there under. made there under.
Trial Trial Section- - 34 34 Section (2) No court inferior to that of a No court inferior to that of a (2) Metropolitan Magistrate or a Metropolitan Magistrate or a Judicial Magistrate of the Judicial Magistrate of the first class specially empowered first class specially empowered in this behalf shall try offence in this behalf shall try offence punishable under this Act. punishable under this Act.
Difficulties Difficulties Section- -37 37 Section The Central Government may, by The Central Government may, by notification in the Official Gazette, notification in the Official Gazette, make rules for carrying out the make rules for carrying out the purpose of this Act. purpose of this Act. the conditions subject to which the conditions subject to which (a) (a) inspecting officer may exercise his inspecting officer may exercise his powers under sub- -section (2) of section (2) of powers under sub section 25; section 25; any other matter which is to be, or any other matter which is to be, or (b) (b) may be, prescribed, or in respect of may be, prescribed, or in respect of which provision is to be, or may be, which provision is to be, or may be, made by rules. made by rules.
Cheating Cheating Section 415 Section 415 Whoever, by deceiving any person Whoever, by deceiving any person fraudulently or dishonestly induces the fraudulently or dishonestly induces the person so deceived to deliver any property person so deceived to deliver any property to any person, or to consent that any to any person, or to consent that any person shall retain any property, or person shall retain any property, or intentionally induces the person so deceived intentionally induces the person so deceived to do or omit to do anything which he to do or omit to do anything which he would not do or omit if he were not so would not do or omit if he were not so deceived, and which act of omission causes deceived, and which act of omission causes or is likely to cause damage or harm to that or is likely to cause damage or harm to that person in body, mind, reputation or person in body, mind, reputation or property, is said to “ “cheat cheat” ” property, is said to Explanation- - A dishonest concealment of Explanation A dishonest concealment of facts is a deception within the meaning of facts is a deception within the meaning of this section. . this section
Section 415 Section 415 I llustration I llustration (b) A, by putting a counterfeit mark (b) A, by putting a counterfeit mark on a article, intentionally deceives Z on a article, intentionally deceives Z into a belief that article was made by into a belief that article was made by a certain celebrated manufacturer, a certain celebrated manufacturer, and thus dishonesty induces Z to buy and thus dishonesty induces Z to buy and pay for the article . A cheats. and pay for the article . A cheats. (c) (c) A, by exhibiting to Z a false A, by exhibiting to Z a false sample of an article, intentionally sample of an article, intentionally deceives Z into believing that the deceives Z into believing that the article corresponds with the sample, article corresponds with the sample, and thereby dishonestly induces Z to and thereby dishonestly induces Z to buy and pay for the article. A cheats. buy and pay for the article. A cheats.
Other Offences Other Offences • Section 467 IPC (Forgery) Section 467 IPC (Forgery) • • Section 471 IPC Section 471 IPC • (Using forged documents) (Using forged documents) • Copy Right Act Copy Right Act •
Section 38 Cr.P.C Section 38 Cr.P.C When a warrant is directed to a When a warrant is directed to a person other than a police person other than a police officer, any other person may aid officer, any other person may aid in the execution of such warrant, in the execution of such warrant, if the person to whom the if the person to whom the warrant is directed be near at warrant is directed be near at hand and acting in the execution hand and acting in the execution of the warrant. of the warrant.
Notice for Search Notice for Search FORM No. 25.23 (1) (a) FORM No. 25.23 (1) (a) ________ Police Station ________ District Notice of ________ Police Station ________ District Notice of search in the case of __________ FIR No. __________ search in the case of __________ FIR No. __________ dated ______ offence dated ______ offence Section 165/166 Cr.P.C Section 165/166 Cr.P.C Date and Place of Name, parentage, Articles to be Reasons for which Date and Place of Name, parentage, Articles to be Reasons for which search search residence and caste residence and caste searched for searched for the search to be the search to be of the person to be of the person to be made made searched searched 1 2 3 4 1 2 3 4 Sd/- Signature of office-in-charge Endorsement in case the officer causing search to made is unable to conduct on person I hereby authorize _________________ to conduct the search as I am unable to conduct it in person for the following reasons:- Signature of Investing Officer.
Order under section 100 (4) Cr.P.C, requiring attendance Order under section 100 (4) Cr.P.C, requiring attendance of a witness at a search of a witness at a search FIR No. ____ dated ________ Section ______ FIR No. ____ dated ________ Section ______ Police Station ________ Police Station ________ To _____________ To _____________ WHEREAS it is necessary to make a search in the above WHEREAS it is necessary to make a search in the above Mentioned case of the house/shop of _____ situated ____ in Mentioned case of the house/shop of _____ situated ____ in ______ therefore I, ______ Call upon you to attend at the ______ therefore I, ______ Call upon you to attend at the aforesaid _____ at _________ to witness the search. aforesaid _____ at _________ to witness the search. _______________________________________________ _______________________________________________ N.B.- - Failure to attend without reasonable cause is punishable Failure to attend without reasonable cause is punishable N.B. under section 187, IPC. under section 187, IPC. Dated Dated Signature and Signature and designation of the officer designation of the officer conducting the search. conducting the search.
Form of search list prescribed by section 100 Cr.P.C. Form of search list prescribed by section 100 Cr.P.C. FORM No. 25.23 (1) (c) FORM No. 25.23 (1) (c) FI R No. FI R No. Dated Dated Police Station Police Station The house of ______, son of _______ caste _______ resident of village llage The house of ______, son of _______ caste _______ resident of vi _______, was searched in the presence of the under mentioned witness ness _______, was searched in the presence of the under mentioned wit and the following articles were recovered and taken into possession by ion by and the following articles were recovered and taken into possess the police on the statement and indication of _________, son of the police on the statement and indication of _________, son of _______, caste _______, village ______, accused in the above mentioned tioned _______, caste _______, village ______, accused in the above men case.* case.* * Cross out if not applicable * Cross out if not applicable Article Article Place from which recovered Place from which recovered 1. 1. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6. Name and signature Signature and designation of Name and signature Signature and designation of of the witness of the witness the officer conducting the the officer conducting the search. search.
Queries Queries 1 1 Whether search & seizure operation is necessary to Whether search & seizure operation is necessary to build up enforcement case or can be filed based on build up enforcement case or can be filed based on the evidence collected during discreet investigations. the evidence collected during discreet investigations. If it is so, which types of evidences are required for If it is so, which types of evidences are required for filing the case? filing the case? Answer:- - Section 200, 202 Section 200, 202 Answer:
Section - -200 200 Section A Magistrate taking cognizance of an A Magistrate taking cognizance of an offence on complaint shall examine upon offence on complaint shall examine upon oath the complainant and the witnesses oath the complainant and the witnesses present, if any, and the substance of present, if any, and the substance of such examination shall be reduced to such examination shall be reduced to writing and shall be signed by the writing and shall be signed by the complainant and the witnesses, and by complainant and the witnesses, and by the Magistrate: the Magistrate: Provided that, when the complaint is Provided that, when the complaint is made in writing , the Magistrate need not made in writing , the Magistrate need not examine the complainant and the examine the complainant and the witnesses- - witnesses (a) If a public servant acting or purporting (a) If a public servant acting or purporting to act in the discharge of his official to act in the discharge of his official duties or a Court has made the duties or a Court has made the complaint; complaint;
Inquiry into Complaint Inquiry into Complaint Section 202(I) Section 202(I) Any Magistrate, on receipt of a complaint of Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take an offence of which he is authorized to take cognizance or which has been made over to cognizance or which has been made over to him under section 192, may, if he thinks fit, him under section 192, may, if he thinks fit, postpone the issue of process against the postpone the issue of process against the accused, and either inquire into the case either inquire into the case accused, and himself or direct an investigation to be himself or direct an investigation to be made by a police officer or by such other made by a police officer or by such other person as he thinks fit, for the purpose of , for the purpose of person as he thinks fit deciding whether or not there is sufficient deciding whether or not there is sufficient ground for proceeding. ground for proceeding. …Contd
(3) If an investigation under sub If an investigation under sub- - (3) section (1) is made by a person section (1) is made by a person not being a police officer, he shall not being a police officer, he shall have for that investigation all the have for that investigation all the powers conferred by this code on powers conferred by this code on an officer in charge of a police an officer in charge of a police station except the power to arrest except the power to arrest station . without warrant . without warrant
Queries Queries 2 2 Whether case of misuse of ISI Mark can Whether case of misuse of ISI Mark can be filed based on FIR filed with Police be filed based on FIR filed with Police authorities? authorities? Answer:- - Section 420, 467 & 471 IPC Answer: Section 420, 467 & 471 IPC
Cheating Cheating Section 415/ 420 Section 415/ 420 Whoever, by deceiving any person Whoever, by deceiving any person fraudulently or dishonestly induces the fraudulently or dishonestly induces the person so deceived to deliver any property person so deceived to deliver any property to any person, or to consent that any to any person, or to consent that any person shall retain any property, or person shall retain any property, or intentionally induces the person so deceived intentionally induces the person so deceived to do or omit to do anything which he to do or omit to do anything which he would not do or omit if he were not so would not do or omit if he were not so deceived, and which act of omission causes deceived, and which act of omission causes or is likely to cause damage or harm to that or is likely to cause damage or harm to that person in body, mind, reputation or person in body, mind, reputation or property, is said to “ “cheat cheat” ” property, is said to Explanation- - A dishonest concealment of Explanation A dishonest concealment of facts is a deception within the meaning of facts is a deception within the meaning of this section. . this section
Section 415 Section 415 I llustration I llustration (b) A, by putting a counterfeit mark (b) A, by putting a counterfeit mark on a article, intentionally deceives Z on a article, intentionally deceives Z into a belief that article was made by into a belief that article was made by a certain celebrated manufacturer, a certain celebrated manufacturer, and thus dishonesty induces Z to buy and thus dishonesty induces Z to buy and pay for the article . A cheats. and pay for the article . A cheats. (c) (c) A, by exhibiting to Z a false A, by exhibiting to Z a false sample of an article, intentionally sample of an article, intentionally deceives Z into believing that the deceives Z into believing that the article corresponds with the sample, article corresponds with the sample, and thereby dishonestly induces Z to and thereby dishonestly induces Z to buy and pay for the article. A cheats. buy and pay for the article. A cheats.
Queries Queries 3 3 Independent witness is necessary during Independent witness is necessary during search & seizure operation. Whether police search & seizure operation. Whether police personnel can be considered as independent personnel can be considered as independent witnesses? witnesses? Answer:- - YES YES Answer:
Queries Queries 4 4 If during search & seizure operation the If during search & seizure operation the owner or the person available refuses to sign owner or the person available refuses to sign seizure memo, what course of action is seizure memo, what course of action is required to be followed during the search & required to be followed during the search & seizure operation. seizure operation.
Queries Queries 5 5 If during search & seizure operation the premise If during search & seizure operation the premise is locked from inside or it is not being opened and is locked from inside or it is not being opened and the manufacturing activities are going on, what the manufacturing activities are going on, what actions can be taken under these circumstances actions can be taken under these circumstances under the provision of Cr. PC? under the provision of Cr. PC? Answer:- - Section 26 (3) BIS Act, Read with Section 26 (3) BIS Act, Read with Answer: Sections 100 (1) & (2) And Section 47 Sections 100 (1) & (2) And Section 47 (2) of Cr.P.C (2) of Cr.P.C
Code of (3) The provision of the Code of (3) The provision of the Criminal Procedure, Criminal Procedure, 1973, 1973, relating to searches and seizures relating to searches and seizures shall, so far as may be, apply to shall, so far as may be, apply to every search or seizure made every search or seizure made under this section. under this section.
Search of Premises Search of Premises Section- -100 100 Section Whenever any place liable to search or (1) Whenever any place liable to search or (1) inspection under this Chapter is closed, inspection under this Chapter is closed, any person residing in, or being in any person residing in, or being in charge of, such place, shall, on demand charge of, such place, shall, on demand of the officer or other person executing of the officer or other person executing the warrant, and on production of the the warrant, and on production of the warrant, allow him free ingress thereto, warrant, allow him free ingress thereto, and afford all reasonable facilities for a and afford all reasonable facilities for a search therein. search therein. (2) If ingress into such place cannot be so If ingress into such place cannot be so (2) obtained, the officer or other person obtained, the officer or other person executing the warrant may proceed in executing the warrant may proceed in the manner provided by sub- -section (2) section (2) the manner provided by sub of section 47. of section 47.
Search Search Section 47 (2) Section 47 (2) If ingress to such place cannot be obtained If ingress to such place cannot be obtained under sub- -section (1), it shall be lawful in section (1), it shall be lawful in under sub any case for a person acting under a warrant any case for a person acting under a warrant and in any case in which a warrant may and in any case in which a warrant may issue, but cannot be obtained without issue, but cannot be obtained without affording the person to be arrested an affording the person to be arrested an opportunity of escape, for a police officer to opportunity of escape, for a police officer to enter such place and search therein, and in in enter such place and search therein, and order to effect an entrance into the place, to order to effect an entrance into the place, to break open any outer or inner door or break open any outer or inner door or window of any house or place, whether that , whether that window of any house or place of the person to be arrested or of any other of the person to be arrested or of any other person, if after notification of his authority person, if after notification of his authority and purpose, and demand of admittance and purpose, and demand of admittance duly made, he cannot otherwise obtain duly made, he cannot otherwise obtain admittance: admittance:
Queries Queries 6 6 If, during search & 'seizure operation, all the If, during search & 'seizure operation, all the persons available at the place of offence persons available at the place of offence escape, what procedure under Cr.PC Cr.PC should should escape, what procedure under be followed for seizing the material and be followed for seizing the material and preparing the seizure memo? preparing the seizure memo?
Queries Queries 7 7 During the search & seizure operation, can During the search & seizure operation, can the entire manufacturing machinery be seized the entire manufacturing machinery be seized as a part of evidence for proving the offence as a part of evidence for proving the offence on part of the offender? on part of the offender? Answer:- - YES Answer: YES
Queries Queries 8 8 If the offender refuses to open the If the offender refuses to open the godown in which spurious material is godown in which spurious material is stored, what provisions are available under stored, what provisions are available under Cr.P.C to seize such material? Cr.P.C to seize such material? Answer:- - Same as query no. 5 Same as query no. 5 Answer:
Queries Queries 9 9 During the search & seizure operation, tools / During the search & seizure operation, tools / equipments of using BIS Standard Mark, such as, equipments of using BIS Standard Mark, such as, printing machine, roller, metal parts are seized printing machine, roller, metal parts are seized but no material is available, would it be possible but no material is available, would it be possible to file a case against the offender? to file a case against the offender?
Queries Queries 10 10 In case the manufacturer is not pinned, In case the manufacturer is not pinned, whether search & Seizure operation can be whether search & Seizure operation can be conducted at the dealer who is supplying conducted at the dealer who is supplying spurious material to get evidence against the spurious material to get evidence against the manufacturer? manufacturer? Answer:- - YES YES Answer:
Queries Queries 11 11 If the dealer / trader / shopkeeper who is If the dealer / trader / shopkeeper who is supplying spurious ISI marked material does supplying spurious ISI marked material does not reveal the source of procurement or the not reveal the source of procurement or the manufacturer's name and address, can a case manufacturer's name and address, can a case be filed under BIS Act against the dealer / be filed under BIS Act against the dealer / trader / shopkeeper? trader / shopkeeper? Answer:- - YES (Section 11 BIS Act and YES (Section 11 BIS Act and Answer: 420 IPC, 179 IPC) 420 IPC, 179 IPC)
Queries Queries 12 12 Whether any action or search & seizure Whether any action or search & seizure operation can be conducted by BIS on the operation can be conducted by BIS on the manufacturer producing goods without ISI manufacturer producing goods without ISI mark when he is not permitted to do so as the mark when he is not permitted to do so as the product being, manufactured has been brought product being, manufactured has been brought through Quality Control Order under Section 14 through Quality Control Order under Section 14 of the BIS Act? of the BIS Act? Answer:- - YES (BIS Act & IPC) YES (BIS Act & IPC) Answer:
Queries Queries 13 13 Whether BIS Inspecting Officer is Whether BIS Inspecting Officer is permitted to conduct search & seizure permitted to conduct search & seizure operation for violation of section 14 of operation for violation of section 14 of the BIS Act? the BIS Act? Answer:- - YES (Section 25(2) YES (Section 25(2) Answer:
Investigation of Offences Investigation of Offences Powers of Inspecting Officers Powers of Inspecting Officers S.25(2) - -Subjects to any rules made Subjects to any rules made S.25(2) under this Act, an inspecting officer under this Act, an inspecting officer shall have power to- - shall have power to inspect any operation carried on in inspect any operation carried on in • • connection with any article or process connection with any article or process in relation to which the Standard Mark in relation to which the Standard Mark has been used; and has been used; and take samples of any article or of any take samples of any article or of any • • material or substances used in any material or substances used in any article or process, in relation to which article or process, in relation to which the Standard Mark has been used. the Standard Mark has been used. …Contd
(3) Every inspecting officer shall be Every inspecting officer shall be (3) furnished by the Bureau with a furnished by the Bureau with a certificate of appointment as an certificate of appointment as an inspecting officer and the certificates inspecting officer and the certificates shall, on demand, be produced by the shall, on demand, be produced by the inspecting officer. inspecting officer.
Queries Queries 14 14 Whether there is a bar in carrying out Whether there is a bar in carrying out investigation or collection of evidence after investigation or collection of evidence after the search & seizure operation and before the search & seizure operation and before filing the case within the limitation period? filing the case within the limitation period? Answer:- - NO NO Answer:
Queries Queries 15 15 Whether after filing the complaint before the Whether after filing the complaint before the designated court, fresh evidence can be designated court, fresh evidence can be brought before the court during the brought before the court during the proceedings under Cr. PC? proceedings under Cr. PC? Answer:- - YES (Section 311 & 319) YES (Section 311 & 319) Answer:
Section 311 Cr.P.C Section 311 Cr.P.C Any court may, at any stage of any Any court may, at any stage of any inquiry, trial or other proceeding inquiry, trial or other proceeding Power to summon under this Code, summon any under this Code, summon any material witness, person as a witness, or examine person as a witness, or examine or examine person present any person in attendance, through any person in attendance, through not summoned, as a witness, or not summoned, as a witness, or recall and re- -examine any person examine any person recall and re already examined; and the Court already examined; and the Court shall summon and examine or recall shall summon and examine or recall and reexamine any such person if and reexamine any such person if his evidence appears to it to be his evidence appears to it to be essential to the just decision of the essential to the just decision of the case. case.
Section 319(1) Cr.P.C Section 319(1) Cr.P.C Where, in the course of any Where, in the course of any inquiry into, or trial of, an offence, inquiry into, or trial of, an offence, it appears from the evidence that it appears from the evidence that any person not being the accused any person not being the accused has committed any offence for has committed any offence for which such person could be tried which such person could be tried together with the accused, the together with the accused, the Court may proceed against such Court may proceed against such person for the offence which he person for the offence which he appears to have committed. appears to have committed.
Queries Queries 16 16 Whether the complaint officer can Whether the complaint officer can be changed at any stage of be changed at any stage of proceedings? proceedings? Answer:- - YES YES Answer:
Queries Queries 17 17 Whether exemption to complaint officer Whether exemption to complaint officer for appearances before the court can be for appearances before the court can be granted or obtained from the designated granted or obtained from the designated court? court? Answer:- - YES YES Answer:
Queries Queries 18 18 What kind of details a seizure What kind of details a seizure memo should contain to avoid any memo should contain to avoid any ambiguity? ambiguity?
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