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CHAPTER - XL
INVESTIGATION OF OFFENCES – APPLICATION OF
PROFESSIONAL TECHNICS AND ACTION PLAN AT THE
REGION LEVEL
ROBBERY AND DACOITY
1831. ROBBERY
(1). Robbery is an aggravated form of theft or extortion with the element of violence
or imminent fear. Robbery, if committed by five or more persons, becomes
dacoity.
(2). Theft’s ‘robbery’, if, in order to commit the theft, or in committing the theft, or
in carrying away or attempting to carry away property obtained by the theft, the
offender, for that end, voluntarily causes or attempts to cause to any person
death or hurt or wrongful restraint or fear of instant death or instant hurt or
instant wrongful restraint.
(3). Extortion is ‘robbery’, if the offender, at the time of committing the extortion, is
in the presence of the person put in fear and commits the extortion by putting that
person in fear of instant death, instant hurt or instant wrongful restraint to that
person or some other person, and, by so putting in fear, induces the person so put
in fear then and there to deliver up the thing extorted.
(4). Among others the following Modus-operandi adopted in committing robbery
requires special attention to be paid for taking as well as assisting the public to
take appropriate preventive measures:-
(i). Intimidating lone pedestrians, scooterists and other vehicle users and
taking away their valuables at the point of knife.
(ii). Snatching chains from women going for shopping, temple or for a walk
etc., the offenders come on motorcycles either with no number plate or
tampered number plate or on stolen vehicles, snatch the chain from the
neck, and disappear quickly.
Note:
Cases of snatching chain from women, though registered under
separate Heads of offence under the Indian Penal code, should be dealt
with like Robbery.
(iii). Under various pretexts and guises offenders manage to gain ingress into
the houses and under the threat of death or bodily harm rob the inmates of
cash and valuables.
1832. PREVENTIVE MEASURES
(1). People should be advised(i) to avoid unnecessary exhibition of their jewellery on
their person, (ii) to be watchful about suspicious movements of persons coming
nearer either on foot or on a by-cycle or on motor vehicle, (iii) raise alarm when
the offender attempts to snatch the chain, in order to attract the attention of
passers by.
(2). People particularly, lonely women at home should be cautioned to be wary of
persons who come with seemingly innocuous purposes, asking for drinking water
or enquiring about address or under the guise of an electric meter reader,
telephone lineman, postman or gas delivery boy, etc
(3). Police should enlighten and educate the public regarding the different modus-
operandi adopted by the offenders to commit robbery, by publishing handbills
containing do’s and don’ts and by exhibiting short documentaries, through the
electronic media indicating the precautionary measures to be taken.
DACOITY
1833. When five or more persons conjointly commit or attempt to commit a robbery, or where
the whole number of person conjointly committing or attempting to commit a robbery, and
persons present and aiding such commission or attempt, amount to five or more, every person so
committing attempting or aiding, is said to commit ‘ dacoity’.
1834. Robberies and dacoities can broadly be classified as those committed in (1) fields, (2)
houses, (3) highways and (4) running trains.
1835. In nearly all such cases, criminals are armed and when victims protest or resist, force is
used.
1836. When a first information of robbery or dacoity is made at a Police Station, the Officer-
in-Charge of the Station, while recording the first information, should record in detail the time,
sequence of events, duration of attack, language spoken by the offenders, weapons carried,
disguises, if any, used, and note in detail the description and numbers of the offenders, the actual
part played by each, the degree of force used by either side and the description and value of each
item of property carried away by the offenders.
1837. While receiving complaint, side by side, immediately the Central Control Room should
be informed of this offence and the officer incharge of the CCR will immediately instruct all
Police Stations to operate the ‘Bravo Scheme’ so that the culprits might be intercepted before
crossing the border.
1838. The Investigating Officer should ascertain the necessary particulars from the witnesses
and record them in the case diary at the earliest opportunity.
(1). After recording the complaint in the First Information Report form, the Station
House Officer should despatch express reports to all the authorities.
(2). It is important that such information should be disseminated to all the
neighbouring stations and the Crime Record Bureau by the quickest means
available so that those stations can also take immediate action and the Crime
Record Bureau, from the information recorded therein, may also be able to guide
the Investigating Officer.
(3). If the criminals are not mentioned by name the Station House Officer should
consult the Crime History of his station for similar prior occurrences and the
criminals responsible for them.
(4). Criminals, who were concerned in previous cases should be immediately checked
and, if they are absent, constables should be deputed to their known places of vist
and their relations, associates and friends. These will be found in their history
sheets.
(5). The Station House Officer should himself proceed to the scene with the required
number of constables for his assistance, and inspect it paying careful attention to
all the details including that of the modus operandi adopted by the criminals.
(6). He should question the victims of the robbery or dacoity and the people of the
neighbourhood. The victims should also be specifically questioned as to the use
of force and injuries, if any, caused by them to the accused.
(7). If it is established that the criminals are not locals, special parties should be
organized at bus stands, railway stations, ferries, choultries, abandoned places and
the surrounding areas inclusive of all hiding places and they should be combed.
The neighbouring Station House Officers should be requested by the quickest
means possible to make similar searches for the criminals in their station limits.
(8). Information regarding movement of nomadic groups such as duck breeders,
sellers of chandeliers and other articles of interior decoration etc., who are a
moving group should be collected if they are seen camping in the limits. They
should be thoroughly checked and their movements monitored.
(9). Information about the occurrence should circulated to all the surrounding villages
with the details of stolen property.
(10). Information with details and descriptive particulars of the property lost should be
sent immediately to the police of nearby towns where the property is likely to be
disposed of.
1839. Whenever a dacoity is reported the following action should be taken immediately:
(1). Posting armed pickets at vulnerable isolated areas/localities;
(2). Checking the movement of suspicious strangers in bus stations/railway stations/
important National Highway Traffic Junctions where arrack/liquor shops are
located;
(3). Checking of inmates staying in hotels in towns and cities at odd hours of day and
night;
(4). Checking known receivers of stolen property;
(5). Form special squads and depute teams of police officers to the border districts
and neighbouring States and maintain liaison and exchange intelligence on a
regular basis;
(6). Intensify beat patrolling in the cities and towns and other outlying areas;
(7). Intensify village beat performance in the rural areas;
(8). Activise neighborhood watch committees and the members of Friends of
Police in the affected areas and involve active citizens;
(9). May install alarm or siren system wherever found feasible;
(10). Check moving gangs;
(11). Check previous offenders involved in serious HBTs, robberies and dacoities;
(12). The local police should prepare an Action Plan at the region level, and circle and
police station level with a view to ensure that the entire police machinery reacts
swiftly to an occurrence of an incident of dacoity and mobilize the force deployed
for prevention of dacoities.
(13). The other regional SPs should also make similar steps to prevent and defect such
crimes.
(14). On receipt of information about occurrence or attempt at dacoities, the search
parties to go on various routes likely to be taken by the culprits;
(15). Most of the dacoity cases that occurred at Puducherry limits in the fast were
committed by the gangs from other States namely Tamil Nadu, Andra and some
northern States like UP/Bihar and hence steps to be taken to liaise with the Police
of other States;
1840. The following preventive and other measures may be considered with reference to the
occurrence of dacoity;
(1). On the vulnerable routes during night time vehicles may be escorted by Armed
policemen wherever necessary in a convoy;
(2). In the affected and vulnerable routes Armed pickets at regular intervals should be
positioned and they should be provided with road blocking equipment, torches,
arms and ammunition and wireless sets;
(3). In the case of state borders, the wireless network of the police station on either
side of the border should be on the same frequency and these police stations
should be provided with transport and a striking force;
(4). The jurisdictional police instead of merely chasing the criminals in one particular
direction should alert all adjoining police stations to verify the movements of
suspicious persons;
(5). To facilitate quick communication, the telephone numbers of people volunteering
to help the police in different areas may be listed out and indicated on the maps in
the police station so that information could be communicate quickly to those
place regarding any occurrence and the need for look out;
(6). Publication of hand bills for motorists and other road users may be considered;
(7). Briefing of bus drivers, lorry drivers, fleet operators, workshopmen, railway
gangmen, railway running staff, hotel and arrack shop keepers impressing upon
them the need to look out for gangs moving at odd hours and report the same
promptly to local police;
(8). Watch should be kept over likely places of stay of the suspicious characters and
suspicious people coming out of late-night film shows in urban and rural areas;
(9). To prevent train robberies and dacoities, armed escorts, when necessary, should
be sent in trains by night.
(10). If there is a fear of women passengers being attacked, the escort should be
directed to travel in the compartment adjacent to the ladies compartment.
1841. HOUSE BREAKING
(1). House – breakings, though a common form of crime, are difficult from the point
of view of detection.
(2). If the complainant knows the exact time of occurrence of the house-breaking, the
Station House Officer should make it a point to note it in the First Information
Report.
(3). The Police Officer registering the case should also ascertain and note the correct
and full details of all the items of property lost with special emphasis on their
marks of identification. In case the person who makes the complaint is not in a
position to furnish the correct details, the Investigating Officer should ascertain
them from witnesses at the earliest opportunity. He will note the correct modus
operandi and the description of offender or offenders, if known, in the First
Information Report.
(4). The Investigating Officer should, before proceeding to the scene, study the Crime
History of the Station including the crime chart, with a view to ascertaining the
criminals likely to have committed the offence. He should fix the scene on the
map and study the past crimes in that area and also crimes of the same modus
operandi within the jurisdictions of the station and neighbouring stations.
1842. The following are some of the points to be given attention to while investigating a case of
burglary;
(a). Special circumstances, if any, concerning the time and date of occurrences for
example fair, festival or any special occasion for a gathering, dark-night etc.
(b). Nature of locality, i.e. dwelling house, office, temple, shop, hospital or school and
its relation to the rest of the village or town;
(c). Whether inmates present;
(d). Class of property attacked;
(e). Class of property removed;
(f). The particulars of the rooms entered by the accused and whether or not the rooms
were occupied at the time;
(g). Whether or not property was removed from the particular room to which the
accused first gained admittance;
(h). Any clue left to indicate whether the accused worked in the dark or by means of a
light, such as match-stick, candle, torch or the electric light;
(i). Particulars of any belongings of the accused left by him at the scene including
beedi, cigarette butts, tools used for the commission of offence etc.,
(j). Any boxes, safes, almirahs or receptacles containing valuables over looked by the
accused and not touched by him, and , if so their location;
(k). Precautions, if any, adopted by the accused during the commission of the offence
such as bolting the doors;
(l). When the property removed was last seen at the place from which it has been
stolen;
(m). The exact position of finger-prints, if any, and steps taken for their preservation;
(n). Number of foot-prints found leading to and from the spot or on the spot, and
deductions drawn therefrom as to the number of culprits involved, directions from
which the accused came and went, and place, if any, where they waited before
they committed the offence and steps taken to preserve the prints and take their
traces or casts;
(o). Means of transport, if any, employed by the accused for the removal of property;
and
(p). Any other clues or matters of importance requiring mention.
1843. If admittance to the house was obtained by means of a hole in the wall, the following
additional points should be noted.
(a). Whether the wall is built of mud, bricks or stone;
(b). Exact location of the hole and its relative position with regard to door, windows,
ventilators or other such openings.
(c). Shape of the hole, to be illustrated by a diagram;
(d). The inmates normally absent during day time, if so, duration of absence. Any
particular precaution employed to guard their house in their absence.
(e). Precautions, if any, taken by the accused or his associates to divert the attention of
neighbours away from the house attacked.
1844. The Investigating Officer must:
(a). Study the modus-operandi adopted by burglars for forcing/attempting to force
entry into the house attacked;
(b). Draw a rough plan of the house looted with its surroundings;
(c). Make a close search for foot-prints or finger-prints or other clues which may
eventually be of use as evidence against the culprits when captured;
(d). Enquire regarding recent visitors to the village or to the house exploited; and
(e). Compile a complete list of property lost with their description and identification
marks if any;
(f). Verify the antecedents of the Modus operandi criminals;
(g). Verify the complicities of local unemployed youths; and
(h). In towns and cities apart from questioning the modus operandi criminals, the
movement of the rag pickers should be watched;
1845. Should such enquires lead to a promising clue as to the identity of the burglars, the
Investigating Officer should, of course, follow it up immediately and work it out to a conclusion.
THEFT
THEFTS OF MOTOR VEHICLES
1846. Theft of Motor cycles and other motor vehicles are prevalent in towns. Normally theft
occurs from the parking lot and from the places where the vehicles are left unprotected and
some times were from the houses;
1847. Broadly, motor vehicles are committed theft for
(a). Joy ride: misled youngsters and urchins steal the vehicles for the pleasure of ride
and on emptying the fuel abandon the vehicles. Such vehicles are normally
recovered intact.
(b). Commission of offence: Motor vehicles are stolen with a view to commit
offences like robbery, chain snatching etc. In some instances vehicles are stolen
to commit kidnapping also. Here again the motor vehicle are abandoned intact
after the purpose for which the vehicle was stolen was served. Stolen two
wheelers are commonly need for illicit transportation of liquor.
(c). Stealing parts and accessories; Motor vehicles are stolen to commit theft of parts
from the vehicles. Stolen vehicles are taken to a secluded place and after
removing parts like tires, stepny, battery, self-starter, stereo systems etc from the
vehicles they are abandoned. In some instances goods trucks are stolen from the
high ways when the drivers are temporarily away. In such cases the offenders
unload the goods elsewhere and abandon the vehicles with parts intact or some
parts removed.
(d). Reselling: Organized gangs operate in this category of offenders. On stealing the
motor vehicles, they are taken to a garage and immediately the colour is changed
and its registered number plate is replaced with a fake number plate and sold in
the market with a fabricated registration certificate. In some cases the engine and
chassis numbers are erased by mechanical means and with fabricated registration
books they are transported to neighbouring states for sale. Two wheelers are
normally disposed off locally or at rural places where checking by police is not so
rigid. In some cases, with the connivance of the employees working in the
Transport Department, the thieves and receivers managed to get forged transport
documents and easily disposed vehicles.
(e). Using them for smuggling purposes: Offenders with or without the changed
registration number plate, use the stolen vehicles particularly cars and trucks for
smuggling of sandal wood; illicitly distilled arrack or any forest products or any
contraband articles, and after the commission of such offences abandon the
vehicles.
1848. As preventive measures, the motor vehicle owners should be advised –
(a). not to leave their motor vehicles on roads and in front of their houses unsecured
or unguarded.
(b). to inform the care taker when the motor vehicle is left at a parking lot for a longer
period.
(c). to provide adequate extra locking facility.
(d). to fit alarms to the motor vehicles.
Note:
The Police on its part should exercise “Bravo Scheme’ as and when necessary.
(1). Whenever a theft of a motor vehicle occurs, it should be reported to the nearest
police station without any loss of time to facilitate the police to take immediate
action in this regard.
(2). The SHO should maintain a list of a) MV offenders who had earlier operated in
their PS limits, neighbouring PS limits and in the city/town. B) list of receivers
c) re-sellers d) garages e) people who indulge in fabrication of RC books f) touts
who operate at the Transport Offices.
(3). He should make it a point to instruct his beat and detective squad men to visit all
the garages in the limit, make note of all the vehicles left for repairs mainly for
repainting and make verification in a routine manner. This goes a long way in
locating the criminals engaged in committing theft of motor vehicles.
(4). Immediately after an offence of motor vehicle theft is reported the SHO should
flash messages to the Police Control Room for onward transmission to all mobile
vehicles and to alert the police stations located on highways bordering the
city/towns for maintaining a watch for the stolen vehicles. While doing so the
SHO should also furnish the Reg.No. colour, any distinguishing identity mark on
the vehicle to facilitate the watchers to locate the vehicle from a distance. Engine
and chassis numbers should also be furnished if available immediately.
(5). Information should also be furnished to the concerned Regional Transport Office
to maintain a watch for the stolen vehicle particularly when some one applies for
the change of ownership or for NOC.
1849. CYCLE THEFTS
(1). Cycle thefts are prevalent in the towns and are generally committed during busy
hours from infront of hotels, cinemas, post offices, banks, hospitals, educational
institutions and at gatherings on occasions of sports and games. In some
instances, cycle thefts also occur at shops and houses where cycles are carelessly
left. Failure to lock the cycles and lack of suitable cycle stands and the token
system are in the main causes for this class of crime. Cycle thefts are generally
committed by individual offenders and the stolen cycles are often taken to distant
places and sold at a low price. Stolen cycles are also dismantled and fitted with
parts belonging to other cycles before they are disposed of by thieves or receivers.
(2). As a preventive measure, bicycles owners should be advised to make a note of the
manufacturer’s number, make, and any other mark of identification, to lock the
cycles when not in use, and to keep them at the stands, if any, in charge of
attendants at public places. The public should be educated in this regard through
cinema slides and by distribution of leaflets.
(3). Periodical maps should be arranged at the places where cycle thefts commonly
take place.
(4). All cycle dealers and repairers must be requested to give the police their whole
hearted co-operation by passing immediate information to the police of any cycle
or its part suspected to be stolen coming to their notice.
1850. POCKET-PICKING
(1). Of all crimes, pocket-picking is the easiest to commit. It involves far less labour
and time than any other type of crime. Detection is extremely difficult, except
where red-handed arrests are made, for the obvious reason that the property
involved is mostly cash. Pocket-picking is generally committed in shandies, fairs,
festivals, railway stations, trains, buses and bus stops, banks, post offices, places
of entertainment and other places where crowds gather. Pick-pockets may work
singly or with associates. They are generally decently dressed to escape
suspicion.
(2). The devices adopted by different pick-pockets to divert the attention of their
victims vary. In crowded centres, like a bus stop, pick-pockets may operate in a
bunch. After marking a victim, they close upon him like intending passengers.
One of them dashes against the victim and while the latter turns his face towards
him, another from the gang instantly removes his purse and passes it on to a third,
who decamps with the loot. Sometimes, one of them in trying to board a train or
a bus, causes temporary obstruction to other passengers who are in a desperate
hurry to get in and secure a seat, and his associates who are mixed up in the
crowed do their job with such dexterity that the victim never suspects their design.
The article picked is passed on immediately from one to the other and the last
person who receives it disappears from the scene all in a moment. They later
meet at their den and share the booty. Some pick-pockets use knives, razor blades
or scissors to cut the pockets.
(3). Bag lifting; Bag lifting or articles quietly stolen from bags at the busy and market
areas are common in the town. Female M.O. criminals from the neighbouring
district/State frequently commit these offences. Bag lifting is easily committed in
bus.
1851. The following are a few among other points to be noted in a case of pocket picking:
means employed by the culprit, i.e., scissors, knife or a razor blade or merely by hand;
(a). The type of the garment and the position of the pocket, e.g. jubba, shervani, shirt,
coat, waistcoat, side upper or lower, inner or outer pocket;
(b). Position of other pockets and their contents which were not touched;
(c). Means adopted to distract the victim;
(d). Reasons, if any, for believing that the culprit operated singly or had associates
CASES INVOLVING USE OF FIRE-ARMS
1852. In order to investigate successfully a case where fire-arm has been used, it is very
necessary for the Investigating Officer to have an idea of the types of weapons in common use,
the mode of their functioning and the nature of injuries they are capable of inflicting on the
human body.
1853. Every Investigating Officer should be thorough with the scientific way of investigation
of cases wherein Fire-arm was used.
1854. The following points should be borne in mind while investigating a case involving the
use of fire-arms:-
(1). Never touch the weapon at the scene of crime before its exact location has been
recorded in detail both verbally and by a sketch or photograph.
(2). In developing the finger – prints that may be found on the polished surfaces of the
weapon, note that it should be handled by minimum number of persons with the
maximum amount of care.
(3). Make detailed notes immediately of the condition of the weapon such as the
position of the safety catch and the cartridge case and whether a fired cartridge is
found in the weapon or a defective one is sticking up rendering the weapon
inoperative. If a loaded cartridge is found it should be removed with as little
manipulation as possible and the cartridges so removed should be separately
marked with a label tied to the rim for future identification.
(4). After the loaded cartridge, if any, has been removed, record the name, model and
other particulars of the weapon and any other identifying marks which may
appear on the surface.
(5). It is advisable to close the muzzle end of the weapon immediately on reaching the
scene, for it may later be necessary to take barrel washings to ascertain whether
power has been used.
(6). Look for the presence of wads at and around the scene from where the weapon
was discharged. Where a shot gun was used in a closed place, a room for
instance, the pellets should be looked for in the cushion of chairs, in the door
frames and other places, where they are likely to have embedded themselves. In
an open place with trees around, they are likely to be found embedded in trunks.
In case a weapon with a single projectile was used, search should be made in the
places mentioned above for bullets which might have come out after hitting the
person or which might not have hit him, if more than one shot was fired.
(7). The same hints should be remembered where no weapon is found on the scene.
Here, the recovery of any pellet, wad or such other article may give a definite clue
to the type of weapon used. If bullets with rifle marks are found, the expert will
tell you the exact type of the weapon used, viz., Colt, Webly, etc., from the lands,
groves, twist and pitch of the rifling. The type of weapon can also be determined
by the expert, if a fired cartridge case is recovered from the scene. In these cases,
if the suspected weapon is subsequently traced, the expert will be able to tell
whether that particular weapon discharged the bullet or fired the cartridge. Care
should be taken in transmitting these articles for examination to the expert. The
bullet or the cartridge case should be preserved in a protecting roll of cotton or
similar soft material and placed in pill-box, each item separately. Care should be
taken to see that no additional markings or scratches are caused on the bullet or
cartridge case thus sent. Also, care should be taken in handling weapons where
the accused pleads accidental discharge. Do not try to verify what the accused
says, but send the weapon after packing it carefully to the expert for his detailed
examination.
1855. COUNTERFEIT COINS
(1). A counterfeit coin is one that is not genuine, but resembles, or is apparently
intended to resemble, a genuine coin. As defined in Section 28 of the Indian
Penal Code, a person is said to counterfeit, who causes one thing to resemble
another thing, intending by means of that resemblance to practice deception, or
knowing it to be likely that deception will thereby be practiced. It is not
necessary in counterfeiting that the limitation should be exact.
(2). Counterfeit coins are mainly divided into two classes, namely, cast counterfeits
and struck counterfeits. Cast coins are more common. They are made by pouring
molten metal into a mould made of finely powdered clay, burnt brick powder,
porcelain powder, plaster of paris, cement powdered barytes or similar material;
struck counterfeits are made by striking or pressing metal blanks between a pair
of dies of hard metal (steel or bronze), the designs of which are either engraved by
hand or transferred from a genuine coin. Hand-engraved dies will have many
defects and can easily be detected by a trained eye.
(3). While searching a person or his belongings or house, the Investigating Officer
should look for furnace with blower, moulds or dies for making coins, material
such as finely powdered clay, porcelain pieces, barytes, stones or powder, honey
or molasses or glycerin, metal or wooden collars, finished or unfinished coins, cut
pieces of lugs, pieces of tin, lead, zinc, copper or molten alloy, milling, cutting
and sharping machines, punches for letters and other designs, engraving chisels,
polishing materials crucibles, scales, dividers, compass, funnels and other
miscellaneous instruments such as files, hammers and saws.
(4). The cases of counterfeit coins and currency notes are to be investigated by the
CID.
(5). Such of the materials as the investigating officers require for expert examination,
should be carefully packed and after obtaining orders of the competent
Magistrate, sent to the Mint Master, Bombay, for examination and opinion.
(6). The articles should ordinarily be sent by insured parcel, but where articles are
numerous and bulky, they should be sent in charge of a Police Officer from CID
who should invariably carry his identity card.
(7). While transmitting articles for examination, they should be securely packed,
sealed and sent along with a forwarding letter giving brief history of the
circumstance under which they were recovered, an invoice in duplicate of the
articles, the numbers of which should correspond to the numbers marked on labels
which should be fixed to the sealed packages and the duplicate sample seals.
The nature of the opinion sought for should also be clearly specified in the letter.
(8). The forwarding agency, whenever necessary, should also clearly specify in the
letter referred to in Sub-Order(6) that the articles after examination and analysis
should be returned and they will then be returned accordingly.
1856. FORGED CURRENCY NOTES
(1). Counterfeit currency notes are usually printed from blocks either engraved by
hand or made by process, whereas genuine notes are printed by a special process
in high grade machines in the India Security Press, Nasik.
(2). When a forged currency note received at the office of the Reserve Bank or its
agencies or at a treasury or sub-treasury is sent to the police with a report
detailing the circumstances in which it was received or when any such note is
otherwise received by the police for investigation, the Police should at once seize
the note and undertake an investigation.
(3). During the search of the premises, the Investigating Officer should look for
bundles of currency notes both finished and unfinished, blocks for printing and
obverse and reverse of notes made of copper, zinc or any other metal or alloy,
blocks for printing the watermark, type figures for numbering or a numbering
machine, colours in tins, white paper similar in texture and thickness to genuine
notes and cut to the size of currency notes, a printing machine, printing frames,
glass slabs, wooden block, wax candles, oil, photographic camera, material for
photography, watermark paper, instruments for water marking, plaster of paris
and other miscellaneous articles such as brushes, scales, knives blades, blotting
paper, sand paper, scissors and screw drivers.
(4). The printing and circulation of photo prints or other imitations of currency or
bank notes is an offence under Section 489 E of the I.P.C.
(5). Even though the forgery may appear crude or otherwise, after obtaining, under
Section 457 of the Code of Criminal Procedure, appropriate orders of the
competent Magistrate, arrangements should be made to send the forged note to
the Master, India Security Press for expert opinion.
(7). The procedure herein before laid down for the transmission of counterfeit coins
and other connected articles will apply mutatis mutandis to the transmission of
forged currency notes to the Currency Officer, Chennai.
(8). It is undesirable to waste time over investigations which are not likely to produce
results and it is better to concentrate upon cases which give hopes of success.
(9). The same principle should be applied and followed in cases in which the
appearance of forged notes is reported direct to the Police Station by a member of
the public.
1857. FRAUD AND FORGERY
(1). Fraud involves deception and deceiving has been explained as causing to believe
what is false or misleading as to facts, or leading in to error. Therefore, wherever
there is a showing as true what is false or misleading into error by intentional
concealment of facts or positive mis-representation, there is deception and fraud.
(2). The conventional types of cheating have given way to modern methods of
cheating as the area of cheating has widened due to the modern dimension
available as a result of progress of science.
(3)(i). Financial Corporations crop up suddenly announcing higher interests to the
investments made and this offer attracts a large number of gullible clients, who
invest their money in such financial companies. The companies initially pay up
the interest at the promised intervals and gain the confidence of the investors and
after the accumulation of a substantial amount of money, wind up their activities
and disappear.
(ii). The Police have to keep a strict vigil on the activities of such companies and
once their intentions are known and are suspect, they have to take appropriate
preventive measures before the offenders disappear with the money invested. But
when once the offence is committed the Police have to investigate into the case
and establish the ingredients of Section 420 IPC by examining the victims in
detail.
(4). Similarly some individuals float fake business companies and announce the sale
of valuable articles in easy installments with some initial deposits. The
incredibly attractive terms announced should alert the Police who should probe
into the activities of such companies and take all possible actions to prevent
cheating. The Police should have the professional capacity to distinguish between
a bonafide business activity and take business activity started with an intention of
cheating.
(5). There are organised groups as well as individuals who take advantage of the
ambitions of the gullible seekers of jobs abroad and indulge in creating forged
passports and other documents and make their clients part with large sums of
money. The victims who are ultimately left in the lurch realize that they have
been cheated. The Police should keep an eye on the activities of such persons and
organisations who may come to light through the advertisements that they issue or
through the complaints made by the victims.
(6). Land deal is another area of cheating where organized groups as well as
individuals sell land belonging to others with forged records. They encroach
upon the land belonging to the Government or Corporation or individuals and
create false records of claims. These problems have the potential of creating law
and order situation also as the land grabbers always have the support of the
rowdy and goonda elements. Police have to be vigilant and assist the concerned
in tackling this problem by identifying the culprits and taking action against them.
(7). (i) The copyright enforcement is another new area where Police have a role to play.
The main offence in the area is piracy which is an illegal activity. The problem of
piracy has been caused by the rapid advancement of technology. There are
mainly three types of piracy, namely, piracy of printed materials, piracy of sound
recording and piracy of films.
(ii). In order to protect the copyright the Copyright Act 1957 was enacted. It was
amended in 1984 where anti-piracy provisions were incorporated. In the amended
law the infringement of copyright has been made a cognizable and non-bailable
offence.
(iii). Whenever a complaint of infringement of the copyright Act is made, all details
should be elicited from the complainant and a case registered. A raid may be
conducted at the premises where such infringements have been reported. A
search has to be conducted in the premises in accordance with the provisions of
law. Care should be taken to prevent the evidence being destroyed. Investigation
should be conducted to find out the source of the said infringement.
(8). As science has progressed criminals also have upgraded their methods of
perpetrating offences and the areas of offences also have widened. With the
advent of computers, computer crimes also have come into the picture. Computer
can be used for conveniences as well as for committing fraud. There are
offenders who knowingly uuse computers, computer system and computer net
work for the purpose of devising or executing any scheme or artifice to defraud,
obtaining money, property or services by means of fraudulent preferences,
representations or promise, using the property or services with out authorization
or committing theft. Though this class of crime have yet taken roots, this is going
to be the future crime which will have to be given utmost attention. To detect
such crimes a thorough comprehension of the working of the computer is
necessary. The Investigating Officers should have a fair knowledge of the
working of the computers. It has become essential for the Investigating Officers
to get acquainted with the softwares and their applications, the languages used
and the manipulations that are possible.
(9). Under the pretext of conducting ‘ chit fund’ unauthorizedly, many persons gain
wrongfully by deceitful means. The culprits of such cases shall be dealt with
under section 420 IPC.
(10). The methods and possibilities of cheating are innumerable. Cheats find ways and
means to be one step ahead of the Police. But the Police have to frustrate their
efforts by their superior knowledge and scientific methods of investigation. In all
the cases of cheating it is important to prove the ingredients of cheating and
proper evidence should be collected for this purpose through meticulous
investigation.
1858. FORGERY
(1). Forgery has been defined as making any false document or part of a document
with intent to cause damage or injury to the public or to any person or to support
any claim or title or to cause any person to part with property, or to enter in to any
express or implied contract or with intent to commit fraud or that may be
committed. Though forgery in its simple form is not cognizable, the police are
very often called upon to investigate forgery in conjunction with other cognizable
offences or under the orders of a court.
(2). The ingredients to prove the offence of forgery are;
(a). the making of a false document part of it;
(b). such making should be with intent
(i). to cause damage or injury to the public or any person, or
(ii). to support any claim of title, or
(iii). to cause any person to part with property, or
(iv). to enter into any express or implied contract, or
(v). to commit fraud or that fraud may be committed.
(3). To constitute the offence of forgery the simple making of a ‘false document’ is
sufficient. What amounts to the making of a ‘false document’ is explained in
Section 464 IPC.
(4). Instructions regarding the examination of questioned documents are contained in
Orders 1502 to 1533 with which every Investigating Officer should be familiar.
1859. POISONS AND POISONNING
(1). A poison is a substance which when administered by mouth, by intravenous,
intra-muscular or subcutaneous injection or by any other means proves injurious
to health or life.
(2). Poisoning in the living may be acute or chronic. In acute poisoning, symptoms at
variance with the normal state of the individual appear suddenly, whereas in
chronic poisoning, they do so gradually because of the administration of small
doses of the poison on each occasion.
(3). The Investigating Officers should acquaint themselves with the various kinds of
poisons commonly administered to persons in this country and their effects on the
human system, so that their investigations may proceed on correct lines.
POISONS COMMONLY USED FOR CRIMINAL PURPOSES: ARSENIC AND
ARSENIC COMPOUNDS
1860. They are practically tasteless and odourless and can, therefore, be administered without
arousing suspicion, if mixed in a suitable vehicle. Their effects are not immediate and the
symptoms produced are often most deceptively similar to those produced by gastrointestinal
disease.
1861. SODIUM NITRITE
(a). It is a while salt used by weavers in the dyeing of clothes in villages and is sold
without restriction.
(b). The symptoms are giddiness, headache, nausea, vomiting, diarrhea, muscular
weakness, breathlessness, unconsciousness with convulsions and death.
1862. OPIUM
(a). Owing to its bitter taste, its characteristic smell and its dark brown colour, it is
very rarely used as a homicidal poison for adults although it is used to eliminate
infants.
(b). Opium is obtained from the juice of the unripe capsules of white poppy. It is a
highly complex substance containing about twenty-five alkaloids, chief of which
is morphine.
(c). The symptoms appear in half to one hour after the poison has been taken, and
there is increased mental stimulation, loquacity, restlessness or even
hallucinations. Soon the person feels sleepy though he can be roused in early
state. Pupils are contracted and the skin is warm and moist. At later stages, the
patient is in deep unconsciousness from which he cannot be roused. The muscles
are relaxed and the body is cold and clammy; face is pale; lips, earlobes and
finger tips become livid (bluish colour) and the lower jaw drops. Pupils are
contracted to pin-point, smell of opium is present in breath, respiration becomes
slow and laboured and this is followed by death.
PESTICIDES
1863. Pesticides have become one of the common poisons for the commission of suicide or
murder and therefore, Investigating Officer should also look for the symptoms of pesticide
poisoning in his investigation.
SYMPTOMS OF POISONING
1864. When a Police Officer has to decided whether any action is necessary in a suspected
poisoning case, the following is a guide for forming a reasonable presumption that poisoning has
occurred, if one or more of the following symptoms are or have been noticed.
(a). Vomiting, frequently accompanied with purging and abdominal pain;
(b). Coma, i.e., a very deep sleep from which the subject cannot apparently be
aroused;
(c). Tingling of the skin, tongue and throat; and
(d). Delirium and clutching at imaginary objects.
1865. There may be such other symptoms as general or, partial paralysis, dilation or contraction
of the pupils of the eyes, difficulty in breathing and blue colour in the face and finger tips.
1866. It must be remembered that there are diseases which may produce symptoms similar to
those of poisoning but, in cases of poisoning:
(a). the symptoms usually appear suddenly and generally when the patient is in good
health;
(b). the symptoms commonly make their appearance after the patient has taken food,
drinks, medicine, etc.;
(c). several persons who have taken the same food or drink show similar symptoms.
1867. There are, however, exceptions to these guides and in all cases, the local Medical Officer
should be consulted. Should be consulted.
1868. In Investigating a case of suspected poisoning the following line of procedure may prove
of considerable assistance to the Investigating Officer:-
(1). Enquire about the appearance of the symptoms and their characters.
(2). Should there exist reasonable grounds for suspicion, the victim be better removed
to a hospital or a nursing home where he can be under close observation far
removed from his usual surroundings.
(3). The Investigating Officer should under no circumstances undertake the
administration of the first-aid if he is not well acquainted with the subject, but he
should strive to obtain medical aid at the earliest opportunity rather than make the
case more complicated by his interference.
(4). When the symptoms do not conform to ordinary illness and when, in spite of
appropriate treatment they persist, the environment of the victim and the conduct
of his attendants should be carefully watched. Services of a reliable and
dependable consultant should be utilized.
(5). Ascertain:
How long after the taking of food, drink or medicine the symptoms appeared:
(a). Whether the symptoms were intermittent or increasing steadily; and
(b). What was the previous state of health of the victim.
(6). Explanations or remarks made by the victim or other persons regarding the onset
of the symptoms should carefully be noted.
(7). If food is suspected to have been poisoned, enquiries should be made to find out
whether any person or persons, other than the one affected has or have been
similarly affected more or less simultaneously.
(8). Search the premises of the victim and the suspect for the poison likely to have
been employed. This should be done without any loss of time so that the culprit
or his associates may not be able to remove the poison before the police could
secure it.
(9). Examine the vomiting, if any, paying particular attention to its colour. Coffee
brown colour with garlic or onion-like odour is an indication of phosphorus
poisoning. Black vomits may be due to sulphuric acid, greenish to hydrochloric,
and yellow to nitric or chromic acid. While vomit turning to black in day light
indicates the administration of silver nitrate. Sharp ammoniacal smell is due to
ammonia and vinegar like odour to acetic acid. Bluish-green vomit is
characteristic of copper sulphate. Whenever vomited material is found in
connection with a case of suspected poisoning, it should invariably be taken
possession of and preserved.
(10). Food, drink or medicine suspected to have any connection with the case should
also be collected and forwarded for analysis. Urine should be treated likewise.
(11). Remnants of the suspected poison and if the stomach had been washed, the
washing also should be preserved and sent.
(12). In vases of poisoning by an obscure vegetable poison, such as a local plant, a
specimen of the plant, with its leaves and flowering parts intact, should be
collected and sent for investigation and identification along with the information
as to its name in the local language and any other information concerning it.
(13). In every case of death from suspected poisoning, a post-mortem examination is
necessary. An examination of the alimentary tract alone is insufficient and a
thorough examination of all parts of the body is necessary both to determine the
presence or absence of disease and to ascertain the remote effects of the poison.
During the examination, the viscera should be taken out and preserved for
dispatch to the Chemical Examiner.
(14). The chief value of a post-mortem examination in case of suspected poisoning,
apart from securing visceral matters for chemical analysis, lies (a) in finding out
whether the appearances correspond to or are at least compatible with poisoning,
and (b) in disclosing the presence or absence of disease or other natural cause of
death. It should be borne in mind that the post-mortem appearances produced by
a poison are not always the same and even the most characteristic appearances
may be completely absent in some cases. It should also be noted that death may
have occurred from a poison even where the deceased person was suffering from
a serious, or even fatal disease.
(15). Examination for poisons is a very elaborate affair involving a great deal of time
and trouble, especially where accurate information is not provided by the
forwarding officer regarding the particulars of the case. The provision of such
information will, to a large extent, facilitate the examination and disposal of the
case by the Chemical Examiner.
(16). In some cases, enquiries are made whether the quantity of poison present in the
stomach and intestines would be sufficient to cause the death of a human being.
In this connection, one should bear in mind the obvious; but not always
recognized, fact that it is not the part of the poison found post-mortem in the
stomach and intestines which causes the victim’s death, but the part Which has
been absorbed into the system. If, therefore, the victim has lived long enough to
absorb all the poison, none will be found in the alimentary tract. Methods of
quantitative determination do not exist for many organic poisons, such as
oleander or madar juice, and it is not, therefore, possible to state the quantity of
the poison present in such cases.
(17). In cases of suspected poisoning, investigation must be taken up promptly and
continued vigorously, without waiting for a report from the Chemical Examiner.
All efforts must be made from the beginning to gather evidence in the case, and as
soon as the Chemical Examiner’s report is received, a final disposal should be
given. Superior officers should closely supervise all investigations made by the
subordinate staff in such cases.
OFFENCES AGAINST ANIMALS
1869. The body of an animal, which has died under suspicious circumstances or in respect of
which an offence is reasonably believed to have been committed, as well as any living animal
regarding which a cognizable offence resulting in serious injury to such animal is reasonably
believed to have been committed, should be sent to the nearest veterinary dispensary / hospital
for post-mortem or other examination and to issue certificate. No fees will be charged by the
Veterinary Inspectors/Asst. Surgeons in charge of such dispensaries / Hospitals.
KIDNAPPING FOR RANSOM
1870. This is an offence where action has to be taken under section 364 A IPC. Kidnapping
for ransom is an offence of serious nature which affects the society financially as well as
emotionally. This creates panic in the society if it is not detected immediately. Gangs and
individuals kidnap either the children or adults of rich families and demand a huge sum of money
keeping in view the financial status of the families concerned.
1871. In such cases ransom is demanded through telephone calls generally and the police
should have the wherewithal to trace the caller with the assistance of the telecommunication
department and by using scientific methods. It is very important to see that no bodily harm
comes to the kidnapped and this can be generally achieved by maintaining a hopeful dialogue
with the caller. These cases call for sustained efforts on the part of the Investigating Officer and
demands perseverance and complete devotion. All out effort should be made to detect such
cases quickly within a reasonable period of time.
RAPE AND UNNATURAL OFFENCES
RAPE
1872. According to the definition in Section 375 IPC, a man is said to commit ‘ rape’ who has
sexual intercourse with a woman under any of the five circumstances described below:
(a). against her will;
(b). without her consent;
(c). with her consent, when her consent has been obtained by putting her in fear of
death or of hurt;
(d). with her consent, when the man knows that he is not her husband and that her
consent is given because she believes that he is the man to whom she is or
believes herself to be lawfully married;
(e). with or without her consent, when she is under sixteen years of age.
1873. There should be actual penetration of the penis into the vulva, although there be no
emission of semen, to constitute the offence. Even when the signs of virginity are in no way
interfered with and there is no physical evidence either, still, if there be the slightest penetration
according to medical evidence, the offence of rape has been committed.
1874. Rape can be committed on any woman, whatever her age or character may be, except in
the relationship of husband and wife as mentioned in the exception under Section 375 IPC.
1875. When coitus is forced on a woman against here will and consent, there must normally be
the evidence of resistance from her. Such resistance may be borne out by the tearing of clothes
and injuries to the accused. In trying to overcome physical resistance, the accused may also
inflict injuries, bruises and scratches on the body, and injuries to the sexual parts of the victim.
But, they may not be present, if the victim is held by another while she is ravished or is forced to
submit on account of fear of life or threat of injuries, or is dragged with a view to render her
incapable of physical resistance. Injuries to the victim may also not be present in instances of
rape on young girls as they are physically incapable of resisting a grown-up male.
1876. Reasons for these offences are:
(a). animal passion and want of self-control,
(b). belief that venereal disease is cured by sexual intercourse with a virgin,
(c). to disgrace a family.
1877. False complaints of rape are sometimes made for the following reasons:
(a). A prostitute or woman of low morals may be induced to make a false accusation
due to revenge.
(b). She may do it at times herself to extort money.
(c). A woman accustomed to clandestine visitors may come up with a story of rape, if
she was by chance detected.
1878. The Investigating Officer must make careful enquiries to find out if the statement of the
victim is sufficiently corroborated by other independent evidence. Corroboration may be by
direct or circumstantial evidence, which should, in addition to confirming that the offence was
committed, establish that the accused committed it.
1879. The following are some of the points to be noted while investigating a case of rape:
(1). In the case of the victim:
(a). Age, and whether the victim reported the matter immediately to her relations or
neighbours;
(b). The character of the woman;
(c). Whether she is healthy and physically strong and if so, whether one person could
have committed rape on her;
(d). The place where the offence was committed and whether her cries could reach
some one in the vicinity;
(e). Tearing of clothes;
(f). Whether she was dragged;
(g). Injuries to the body and their nature and position;
(h). Presence of marks on external clothing when the offence is alleged to have been
committed outside a house;
(i). Presence of semen or blood stains on her persons or on the clothes;
(j). Injuries to private parts and presence of blood;
(k). In the case of young and unmarried girls, presence of or rupture of hymen; if the
latter whether it was recent, and signs of recent defloration;
(l). Infection of venereal disease the accused may be suffering from;
(m). The condition of pubic hair, whether mixed semen or blood; and
(n). The presence of hair similar to that of the accused in or near the vagina or other
parts of the body or on the clothes.
(2). Some times the blood of the offender will have been deposited in the nail beds of the
raped girl. It may, therefore, be necessary to examine the nails of the victim and if, in any event,
blood is deposited there, it may be necessary to request the doctor to clip the finger-nails,
preserving the blood stains for purposes of comparison with the blood of the accused.
Note:
The examination of private parts and the removal of semen or any hair from the vagina
and public hair must be got done by a Medical Officer and should under no
circumstances be attempted by the Investigating Officer.
(3). In the case of accused:
(a). age, physical development and capacity;
(b). injuries to his person, face, neck, and particularly in the neighbourhood of
genitals;
(c). tearing of clothes;
(d). presence of blood or semen stains on his person or cloths or public hair;
(e). injuries to the male organ,
(f). presence of venereal disease detected in the examination of the woman;
(g). presence of hair similar to that of the woman ravished;
(h). cresentic nail marks on the accused either on the face or on other parts.
Note
The examination of private parts for injuries, presence of blood, semen or hair and
evidence of a venereal disease should, of course, be done by a Medical Officer.
1880. The determination of blood groups may prove to be of invaluable help in the detection of
rape cases. DNA test is the latest technique which gives unequivocal results. Hence wherever
this facility is available it should be availed.
UNNATURAL SEXUAL OFFENCES
1881. Unnatural offence, as defined in Section 377 of the I.P.C is carnal intercourse against the
order of nature with a man, woman or animal. As in rape, penetration, however slight, is
necessary to constitute the offence.
1882. Sodomy is anal intercourse between two males or between a man and a woman Mostly,
young boys are victims of such unnatural carnal connection. These offences are common but are
rarely brought to notice. There are also eunuchs who are fond of appearing in women’s costume,
and ostensibly live by singing, but habitually trade in sodomy as passive agents.
1883. A case under Section 377 I.P.C can be charged on the basis of the evidence of the victim,
if it is not of a doubtful nature but it should be borne in mind that it is easy to make an allegation
of the nature and very difficult to refute. It is, therefore, note safe to act on the uncorroborated
testimony of the victim alone. The version of the victim should be corroborated by independent,
direct or circumstantial evidence. For instance, stains of semen may constitute important
circumstantial evidence in these cases. Evidence of the Medical Officer, who has examined the
victim soon after the offence committed, is important.
1884. The following are some of the points to be ascertained while investigating these cases:-
(1). Injuries to the body, such as scratches and bruises on fact, neck and hands;
(2). Stains of semen on person or clothing;
(3). Presence of semen in the anus, particularly in young children.
(4). Injuries to, or in the neighbourhood of anus;
(5). Laceration of rectal mucus membrane;
(6). Infection of venereal disease in the active agent; and
(7). Presence of the hair of the passive agent on the offender, and vice versa
1885. It is very important that the Investigating Officer should, in cases of rape and unnatural
offences, send without loss of time by the quickest means possible, the victim and the accused to
the Medical Officer for prompt examination and treatment. Clothing and other articles with
semen or blood stains in their possession must be seized, carefully packed and dispatched to the
Chemical Examiner for analysis and report.
GANG AND CONSPIRACY CASES
GANG CASES
1886. The successful handling of a gang case usually involves a prolonged investigation during
which the services of the Investigating Officer will not be available for other work. Its
prosecution is also a very lengthy and difficult task. If the prosecution happens to rely upon an
approver, the length and difficulty of the task are further increased. Gang cases under Sections
400 and 401 I.P.C need normally be undertaken only when it is not possible to break up a
criminal gang by prosecution for specific offences and action under the preventive sections.
When a gang case is unavoidable, the services of an officer of the Criminal Investigation
Department should ordinarily be requisitioned in order to make the Station House Officer
available for ordinary duties.
1887. The evidence of an approver on the activities of the gang is often the basis of prosecution
in gang cases. But is seldom advisable to grant a pardon to the ring leader or organizer of a gang
and, when two or more suspects make confessional statements., the accused selected for pardon
should ordinarily not be a prominent member. Section 306 Cr.P.C. now applies to all offences
punishable with imprisonment which may extend to seven years as well as to offences tribal
exclusively by the Court of Sessions or the Court of a Special Judge appointed under the
Criminal Law amendment Act, 1952. A pardon can be granted by the Chief Judicial Magistrate
or a Metropolitan Magistrate at any stage of the investigation or inquiry into or the trail of the
offence, and by the Magistrate of the first class inquiring into or trying the offence at any stage
of the inquiry or trial.
1888. It must be remembered that an approver is deemed unworthy of credit unless his
testimony is corroborated in material particulars, and the verification of his statement should be
directed towards securing this corroboration.
1889. The essential points to be proved in a gang case are:
(a). That the persons proceeded against have associated themselves to form a gang
(not necessarily a wandering gang) and
(b). That the object of the association was the habitual commission of dacoities,
robberies or thefts, as the case may be.
(c) The essence of the offence is criminal association apart from any specific offence
committed in pursuance of such association.
1890. The association of the persons prosecuted is best proved by:
(i). Evidence of relationship by blood or marriage among the persons prosecuted.
(ii). Evidence of joint conviction in previous cases;
(iii). Evidence that certain members of the gang were jointly proceeded against or
bound over under the preventive sections; and
(iv). Evidence of their frequent meeting or contact.
(d). The object of the association, i.e., the habitual commission of crime, is best
proved by;
(i). Evidence of the commission of offences in the area in which the members
of the gang reside;
(ii). Evidence of specific offences committed jointly by members of the gang;
(iii). The recovery of property stolen in a single case from several members of
the gang;
(iv). Evidence of the simultaneous absence from their homes of members of the
gang coincident with the occurrence of offences in the neighbourhood;
(v). Evidence of the cessation of crime in the affected area after the arrest of
the gang; and
(vi). Joint conviction of members of the gang in previous case.
1891. The principal Investigating Officer should be put into the witness box at an early stage
of the case to describe how the evidence has been got together and sifted.
1892. All gang cases and all important conspiracy cases whose ramification extend to several
districts should be investigated by the C.I.D. When a gang case is to be charged, the
memorandum of evidence must be carefully prepared, sifting the available evidence to show the
number of instances in which each accused is involved, the nature of evidence against each of
them and the names of witnesses who depose against each of them.
CONSPIRACY
1893. Criminal conspiracy is the hatching of a common plan by two or more persons to do, or
cause to be done, an illegal act or a legal act by illegal means. The offence of criminal
conspiracy consists only in the various constituents agreeing to do an unlawful act or a lawful act
by unlawful means. Hence the gist of the offence of criminal conspiracy is an agreement
between the accused persons. In instances where the alleged conspiracy is for the purpose of
committing an offence, such agreement itself would amount to a criminal conspiracy. It is not
necessary that each conspirator should know or be aware of every act of the others. It is often
difficult to prove agreement by direct evidence, unless there be an approver in the case and or the
investigating Officer has been able to get at the correspondence of the conspirators regarding the
offence. But it is mostly by circumstantial evidence relating to the sequence of events, conduct,
meetings, and contacts of the accused that the agreement among them is sought to be proved.
1894. The authority for dealing with conspirators for illegal acts committed in furtherance of
the common object is provide in Sections 34 to 38 I.P.C. Under Section 34, when a number of
persons are involved in a criminal act in furtherance of their common intention, each of them is
liable for the act in the same manner as if it was done by him alone. If one of the accused with
the common intention and common object has been merely present without participating in the
offence which is actually committed, he cannot escape from the constructive liability under
section 148 of the I.P.C. Section 35n emphasizes that each participant should have the
knowledge that the various acts are done with a criminal intention. This section safeguards
innocent persons used as tools by conspirators. Section 36 deals with designs to accomplish a
criminal object partly by criminal act and partly by criminal omission. Section 37 of the I.P.C.
lays down that when a crime is committed by means of several acts, whoever intentionally co-
operates in the commission of the offence by doing any one of those acts either alone by himself
or along with other is liable for the complete crime. Section 38 of the I.P.C. provides that where
several persons are engaged or concerned in the commission of a criminal act, they may be guilty
of different offences by means of that act.
1895. In Section 107 of the Indian Penal code, which defines abetment, the words ‘engages
with one or more person or persons in any conspiracy’ are used. Therefore, all the accused to a
criminal conspiracy are liable at least as abettors. Under explanation 5 to Section 108 of the
I.P.C., it is not necessary to the commission of abetment by conspiracy that an abettor should
concert the offence with the accused who actually commits it. It is sufficient if he engages in the
conspiracy, in pursuance of which the offence is committed. Section 109 I.P.C. prescribes that
whoever abets any offence shall, if the act abetted is committed in consequence of the abetment,
for the punishment of which no express provision is made in the I.P.C., be punished with the
punishment provided for the offence. Sections 120-A and 120-B, I.P.C. deal with conspiracy
and provide for the punishments.
1896. Cases involving offences under Section 120-B of the I.P.C should be handled by well-
equipped legal personnel who can simplify the issues and present the prosecution cases in a
proper way. Where convictions can be secured on simpler charges, which can be definitely
proved, he charge under Section 120-B of the I.P.C. should not be added as a routine measure.
ROAD ACCIDENT CASES
1897. Whenever a road accident causing death or bodily injury to any person or involving
damage (excluding trivialities) is either reported or otherwise brought to the notice of the police,
the Station House Officer concerned shall, after prompt enquiry, send a report without delay to
the Superintendent of Police (Traffic) through the usual channel.
1898. Superintendent of Police (Traffic) should include in his administration report an analysis
of the causes of the road accidents in his jurisdiction in the year. He should also send a monthly
crime Review Report to the Senior Superintendent of Police and the Inspector General of
Police for discussion during the crime Review meeting.
Note:
Each accident causing death or personal injury is counted as one accident only
irrespective of the number of persons killed or injured thereby. An accident in which
more than one vehicle is involved is also counted as one accident only. Accident in
which only the driver or the rider is injured or killed are also to be included.
1899. The investigation of Road Accident Cases will comprise of examination:
(i). At the scent of accident;
(ii). Of injured person or dead boy;
(iii). Of the suspected vehicle;
(iv). Of the driver of the vehicle.
EXAMINATION OF THE SCENE OF ACCIDENT
1900. The place should be isolated till the examination is complete. Note the exact position of
bodies of victims and the vehicle. Take photographs where necessary from different angles of
the scene before removal of bodies and the vehicle.
Search for:
(a). Skid Marks – Note their length, prepare a sketch giving details of various
measurements.
(b). Tyre impressions – For determining their make, condition, size and the direction
of movement.
(c). Dirt and debris from impact – For comparison with the dirt from the under
surface of the suspected vehicle.
(d). Chipped flakes of paint and enamels – For comparison with samples from the
suspected vehicle.
(e). Fragments of glass – Pieces of glass from damaged headlights, mirrors, windows
or window screen must be collected to determine the type of vehicle involved in
the accident and also connecting a suspected vehicle found with broken wind
screens or headlights, etc.
(f). Broken equipments – Such as pieces of metals from broken bumpers –door-
handle – radiator – emblem, which may have been detached.
(g). Fabric – Small fragments of cloth or fibers of garments torn away should be
collected.
(h). Blood, hair tissues – These will indicate as to what else to look for in a suspected
vehicle.
1901. A SKETCH OF THE SCENE SHOULD INVARIABLY BE PREPARED
SHOWING –
(a). Point of impact
(b). Track marks of vehicles concerned in the accident.
(c). Position of the vehicles of the accident.
(d). Width of the road and nature of road surface (whether metalled or tarred or
otherwise).
(e). Visibility –whether the road at the accident spot is a straight road or with bends,
presence of fog if any and such other details to be noted.
(f). Gradient of the road at the scene of accident.
(g). Skid marks and brake impressions.
(h). Position on the road of glass or other debris.
(i). Width and nature of the katcha position of the road and roadside land.
(j). Dimensions of vehicles involved.
(k). If visibility is observed by hedges, fences, poles etc. and if so, measurements
thereof.
(l). Any fixed objects (e.g. telegraph, telephone or electric poles) which might have a
bearing on the accident or which might help to fix the exact position on the road
of vehicles and injured.
(m). road directions, traffic, signs and their location.
(n). Compass points, if any,
(o). Position and direction of the dead body or injured.
(p). Position of blood stains,
(q). Lighting facility with the location of street lights.
1902. EXAMINATION OF INJURED PERSON OR DEAD BODY.
(1). An attempt should be made to find out-
(a). Whether the injury was caused by a direct or glancing impact.
(b). Whether the injuries were due to crushing effect of weight of the vehicle.
(c). Whether the body was dragged along.
(d). Whether the person was lying on the road when hit.
(e). When the person fell down from a vehicle.
(f). Whether the injury was by parts projecting under the vehicles, such as axle. etc.
(g). The speed of the vehicle at the time of the impact.
(h). Any physical disabilities of the injured or deceased, cataract, deafness, epileptic,
fits etc.
(2). Preserve any foreign matter present in the wound; note carefully marks, such as tyre
marks, grill marks, if no the person or his clothing.
(a). Take samples of blood and urine of the deceased, if any.
(b). Take sample of hair from the head of the deceased, if any,
(c). Take out any foreign matter found on clothing and note loss of buttons and signs
of tears, etc.
(d). Preserve clothing of the deceased or injured.
(e). Clothing should be searched for flakes of glass, traces of paints, traces of metal,
blood or any other stains, dirt and debris which should be carefully preserved.
Such clothing should be dried naturally and not by using heat, before packing.
1903. EXAMINATION OF SUSPECTED VEHICLE
(1). The suspected vehicle should be protected from other interference and should not
be cleaned.
(2). Search for finger prints should be made first.
(3). If glass ware is broken it should be taken possession of and sent to the expert for
examination
(4). Specimen sample of paint and enamel should be taken and sent to an expert for
examination along with any paint found at the scene of occurrence.
(5). Foreign objects including paints and debris found on the suspected vehicle should
carefully collected.
(6). The inside of the vehicle should also be searched for presence of material from
the other vehicles involved having been thrown inside through the window, etc.
at the time of impact.
(7). Broken portion of the vehicle found at the scene or on the route should be
preserved for comparison. These should also be photographed, if possible.
(8). Stains of blood, et. Should be scraped and collected. Hairs and fibers sticking to
the vehicle should also be collected.
(9). Sometimes pattern marks of clothing of the victim are produced on the area of
impact. These should be photographed.
(10). Dents and scratches can provide valuable clues to find out the nature of impact
and should be closely examined.
(11). The presence on the vehicle of vegetation and soil typical of the scene will fix its
identity.
(12). The understructures should be examined for evidence of contact with the victim.
(13). Mechanical examination by the Motor Vehicle Inspector should be done to find
out defects.
EXAMINATION OF DRIVER
1904. The Diver of the vehicle should be examined for drunkenness, disease or any bodily
infirmity which affects his driving.
1905. FIRE ACCIDENT CASES
(1). A spontaneous combustion or a suspected incendiaries may be origin of fire.
(2). Before commencing an investigation consult the Fire Brigade Officers, if any and listen
to their suggestions.
(3). Direct your inquiries on the following important points
(a). Seat of fire – i.e., where did the fire start?
(b). Time of fire– i.e., when did the fire start?
(c). Cause of fire-i.e., why did the fire start?
(4). As regards the seat of fire, note that-
(a). The person who saw the fire first may give some valuable information regarding
the point of the origin of fire by locating the place where he saw the flames or
smoke coming out:
(b). the person who raised the alarm may give such information;
(c). the fireman in attendance may give a detailed account of-
(i). the progress of the fire
(ii). the spot where the fire was most intense when the Fire Brigade
arrived.
(c). The manner of distribution of inflammable materials in the premises may suggest
the seat of fire;
(d). The detailed examination of the damage caused to the structure of the building
may be useful in locating the point of origin;
(e). The place where the fire was most intense might indicate that the place was the
seat of fire;
(f). The removal of debris may give an indication as to the seat of fire;
(g). While removing the debris do not fail to make a search
(i). for any foreign materials.
(ii). for evidence left by the fire-raiser, as the position of such materials may
not only indicate the point of ignition but also the solution to the cause of
fire.
(5). As regards the time of fire, it may perhaps be obtained by noting the following points;
(i). The time when the premises was locked vacated and stoppage of the wall clock
etc.,
(ii). The breakdown of the electric system in the premises;
(iii). The volume, spread of fire in its early stages and the quantity of material burnt;
(iv). The report of any explosion;
(v). The report of cries of distress of animals heard by neighbours;
(vi). Weather conditions at the time;
(vii). The type of premises set on fire;
(viii). The type of industry carried on at the premises;
(ix). The quantity, condition and inflammability of the material stored; and
(x). Any other important factors.
(6). As regards the cause of fire, the common causes may be
(a). Spontaneous combustion;
(b). Defects of electric or gas services;
(c). Sparks:
(i). sparks from an engine from a nearby Railway:
(ii). sparks caused by the impact of two hard substances;
(iii). frictional sparks produced by machines ordinarily involving no electric
power;
(iv). concentrated sun rays;
(v). cigarette. beedi ends, lighted matches, etc;
(vi). chemical action;
(vii). bacterial action;
(viii). explosion
(7). Make a thorough examination of
(a). Electric installations:
(b). Gas taps and fittings;
(c). Oil stoves and lamps: and
(8). Consult, if necessary, experts from gas and electricity undertakings.
1906. The following are some of the circumstances which may give rise to suspicion and
indicate that the fire is of an incendiary origin:
(a). The presence of unusual objects or foreign materials at the seat of fire;
(b). The presence of unusual objects or foreign materials leading to the seat of fire;
(c). The presence of volatile and of inflammable material in the building such as
petrol, kerosene, etc., not ordinarily stored in the burnt premises;
(d). The simultaneous starting of fires in different parts of the same building without
any apparent natural reason;
(e). When the unburnt stock and burnt debris do not represent the quantity and quality
of the goods alleged to have been destroyed by the fire;
(f). Destruction of valuable documents and books required for audit.
(g). The ferocity of the fire in its early stages and the direction of its spread.
(h). Smoke and smell.
1907. WHEN FIRE IS MALICIOUS, SEARCH FOR
(i). Samples connecting the suspect with the scene of fire, e.g., fingerprints, foot-
prints tyre marks. When approach to the scene is made by a vehicle broken
window, forced window instruments marks, fibers and hair, blood from cut-
wound and any foreign matter.
(ii). Samples of solid debris, e.g., traces of igniter or partly burnt matches, wires or
any questioned object , any other burnt object which by its shape may suggest that
it is foreign to the environment, and may have served in some manner as igniter,
and
(iii). Inflammable fluids.
1908. It should be noted that the above hints are only illustrative and by no means exhaustive
and they should in the main be followed in the investigation of fire accident cases.
OPERATION OF “BRAVO SCHEME”
1909. In order to prevent the crime which causes concern in the mind of common public a
preventive scheme has been prepared analyzing various factors in the commission of crimes like
motor vehicle theft, snatching and robbery and any other heinous crimes it is essential to send
pickets at border areas of Puducherry. The scheme will be given code name Scheme “Bravo”.
The scheme “ Bravo” Will also help to check anti-social elements who are likely to indulge in
illegal activities in this territory.
(1). To check all out going vehicles, to trace the vehicle and to apprehend criminals
involved in the crime.
(2). To check all incoming vehicles to prevent anti-social elements entering in the
region for committing any cognizable crime.
(3). To prevent criminals who try to escape after committing heinous crimes on motor
vehicles.
(4). To display the Registration numbers of stolen vehicles at all the border check
posts of Puducherry.
(5). To alert the check posts of Tamil Nadu Police immediately through Control
Room.
(6). To inform highway mobile patrolling party in the area of adjoining border.
(7). To maintain law and order in the area.
(i). After getting information from control room (INDIA-50) about implementation of
Scheme “Bravo” the following pickets / barricades / check posts will be made operational
immediately, without loosing time by concerned Police Station. The check posts will carry
wireless set with them for effective communication.
Name of Road Check Posts Call Sign.
ECR Road toward
Chennai
Pillaichavady (Kalapet PS limit) Bravo-1
Villupuram Road 1. Moolakulam (Reddiyarpalayam
PS limit)
2. Moolakadai junction (Villianur PS
limit)
3.Madagadipet Junction
Bravo-2
Bravo – 3
Bravo – 4
(Thirubuvanai PS limit)
Tindivanam Road Check post near Govt. Guest House ,
Gorimedu. (D’Nagar PS limit)
Bravo – 5
Mailam Road Sedarapet junction(Sedarapet OP
limit)
Bravo – 6.
Cuddalore Road 1. Marappalam junction
(Mudaliarpet PS limit)
2.Abishegapakkam junction
(Thavalakuppam PS limit)
3. Kannikoil junction
(Kirumampakkam PS limit)
Bravo – 7
Bravo – 8
Bravo - 9
Other Important
Junctions
1. Karikkalampakkam junction
(Villianur PS limit)
2. Kariyamanikkam junction
(Nettapakkam PS limit)
3. Siruvanthadu junction (Madukarai
OP limit)
4. Pathukannu junction (Villianur PS
limit)
5. Thirukkanur market junction
(Thirukkanur PS limt)
Bravo- 10
Bravo – 11
Bravo – 12
Bravo – 13
Bravo – 14
Vazhudavur Road Kurumbapet Check Post
(Mettupalayam PS limit)
Bravo - 15
Total = 15 Check Posts in Puducherry.
(ii) In addition to the above mentioned 15 check posts the following check posts in the
jurisdiction of Tamil Nadu Police will also be informed by the Central Control Room (ie)
INDIA (50) and by concerned Police Station where the crime has been committed.
ECR Road towards Chennai : 1. Anumandai Check post (Marakkanam PS
limit Tamilnadu)
2. Utthandi Check Post (Neelankarai PS limit –
Tamilnadu)
Villupuram Road : Kandamangalam PS (Tamil Nadu)
Tindivanam Road : Kiliyanur PS (Tamil Nadu)
Mailam Road : Vanur PS (Tamil Nadu)
Cuddalore Road : Reddichavady PS (Tamil Nadu)
(iii) In addition to communication through wireless by Central Control Room and concerned
Station House Officer, the check posts can be informed telephonically also by the control room
as well as by the concerned SHO on the following telephone numbers:
Aumandai Check Post - Phone: 954147 – 230501
Utthandi Check Post - Mobile: 98942 – 92020
Mobile: 98402 – 92020
Tamil Nadu Road Development Corporation - Fax : 044 - 24493998
(iv) Deployment of CCR Vehicles: Six CCR vehicles deployed in different parts of
Puducherry will immediately take position at the picket points and will assist the local staff
posted at the pickets. The CCR vehicles should inform the Control Room immediately after
taking the position. The response time of the CCR vehicles should be very quick. The
following CCR vehicles will take position at the below mentioned picket points.
MOBILE NO PICKETS TO REPORT AT
Mobile – 1
Pillaichavady check post
Mobile – 2 D’Nagar check post (near Guest House)
Mobile – 3 Kurumbapet check post
Mobile – 4 Pathukannu junction check post
Mobile – 5 Kannikoil junction check post
Mobile – 6 Madagadipet junction check post
v). The telephone numbers and call signs of the Highway Patrolling Vehicles of Tamil Nadu
Police are as follows:
Sl. Area of Border Call Sign Mobile Phone No.
1. Pondy to Villupuram Highway Patrolling Mobile – 17 94433 – 87731
2. Pondy to Tindianam Highway Patrolling Mobile – 12 94433 – 87730
3. Pondy to Cuddalore Highway Patrolling Mobile – 18 94433 – 87724
4. Pondy to ECR towards
Chennai (Anumandai
Toll Gate)
Tamil Nadu Road Development
Corporation
98942 - 92020
1910. INSTRUCTIONS TO BE FOLLOWED WHILE IMPLEMENTING SCHEME
“BRAVO”.
(1). As soon as any heinous crime is committed in Puducherry area the matter will be
informed to SSP(L&O) and concerned SP by Control Room (INDIA 50).
(2). Immediately the SSP will assess the situation and if felt necessary the Scheme
“Bravo” will be ordered immediately in entire Puducherry through control Room.
(3). On getting information from Control Room all concerned SHO will send pickets
immediately as mentioned in point no.(i) without loss of any time.
(4). All SHO should ensure that pickets should take place within 5 minutes of
announcement of the scheme. Any delay in putting pickets will be viewed very
seriously. The SHO should mobilize maximum force for the above purpose.
(5). The pickets will immediately inform the Control Room after taking the position
and will start checking the suspicious vehicles.
(6). While checking vehicles and interrogating suspects it should be kept in mind that
no harassment should be caused to innocent people.
(7). The good work done by the particular check post will be rewarded suitably.
(8). All SHOs will ensure to arrange some barricades / drop gates at the border.
(9). The list of stolen vehicles in Puducherry should be displayed at all check posts
for taking necessary action.
(10). All SHOs and Circle Inspectors of Puducherry region will be on alert and deploy
maximum force in their jurisdiction to ensure preventive action.
(11). The Superintendent of Police, PAP will send 10 PCs and one officer to report at
P.S. Villianur immediately after the Scheme is launched.
(12). All concerned SPs will supervise the arrangements in their area.
(13). The scheme will be closed after getting instructions from the undersigned.
(14). The SHOs of border Police Stations have to cultivate good liaison with
neighbouring border stations.
(15). Other SHOs should also be alert and immediately place pickets in their respective
jurisdiction for checking of vehicles and movement of bad characters.
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