Introduction

India, with an area of 32,87,782 Sq. Kms and a population of over 1.22 billion, is a union of 28 states and 7 union territories. The powers and responsibilities of the union and states are demarcated in the Constitution of India.

Article 246 of the Constitution distributes the legislative powers between the Parliament and the State Legislative Assemblies. It refers to three lists of subjects given in the Seventh Schedule of the Constitution:

List 1: Union List - includes subjects in respect of which the Parliament has the sole power to make laws.

List 2: State List – includes subjects in respect of which the State legislature has exclusive powers to make laws.

List 3: Concurrent List - consisting of subjects on which both the Parliament and the State Legislatures have concurrent powers to make laws.

Article 246 of the Constitution of India places the police, public order, courts, prisons, reformatories, postal and other allied institutions in the State List. Understanding the criminal justice system is a prelude to understanding the police. It is important to discuss a few important characteristics of the system before explaining the organization and working of the police in India.

The Process of Criminal Justice

The process of criminal justice has the following main steps:

Step- 1: Registration of the First Information Report (FIR)

The process of criminal justice is initiated with the registration of the First Information Report. The FIR is a written document prepared by the police when they receive information about the commission of a cognizable offence.

Step- 2: The police officer proceeds to the scene of crime and investigates the facts of the case. Police investigation mainly includes:

Examination of the scene of crime Examination of witnesses and suspects Recording of statements Conducting searches Seizing property Collecting fingerprint, footprint and other scientific evidence Consulting records and making entries in the prescribed records, like case diary, daily

diary, station diary etc. Making arrests and detentions Interrogation of the accused

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Step-3: After completion of investigation, the officer in charge of the police station sends a report to the area magistrate. The report sent by the investigating officer is in the form of a charge sheet, if there is sufficient evidence to prosecute the accused. If sufficient evidence is not available, such a report is called the final report.

Step-4: On receiving the charge sheet, the court takes cognizance and initiates the trial of the case.

Step- 5: The charges are framed. The procedure requires the prosecution to prove the charges against the accused beyond a shadow of doubt. The accused is given a full opportunity to defend himself.

Step- 6: If the trial ends in conviction, the court may award any of the following punishments:

Fine Forfeiture of property Simple imprisonment Rigorous imprisonment Imprisonment for life Death Sentence

Courts

The Judiciary has the Supreme Court (S.C) at the apex having three-fold jurisdiction namely, original, appellate and advisory. Below the S.C are the High Courts at state level, followed by subordinate courts in the districts. The judiciary in the state functions under the supervision of the High Court. The Constitution empowers the High Courts to issue directions, orders or writs for the enforcement of fundamental rights and for any other purpose.

Supreme Court of India (The apex court)

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High Court (Highest court at the state level)

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Sessions/District Court

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Judicial Magistrates of the First Class/Metropolitan

Magistrate’s Court

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Court of the Judicial Magistrates of the Second Class

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POLICE

Police is the subject of state. Police is one of the most important parts of a Criminal Justice System. Police play an important role in the matters related law and order. The first police force was started 1829 in England. Indian police force was started in 1861. Police prevent and control the crime in the society. Police is one of the main parts of society.

Each State/Union Territory has its separate police force. Despite the diversity of police forces, there is a good deal that is common amongst them. This is due to these main reasons:

1- The structure and working of the State Police Forces are governed by the Police Act of 1861, which is applicable in most parts of the country, or by the State Police Acts modeled mostly on the 1861 legislation.

2- Major criminal laws, like the Indian Penal Code, the Code of Criminal Procedure, the Indian Evidence Act etc are uniformly applicable to almost all parts of the country.

3- The Indian Police Service (IPS) is an All India Service, which is recruited, trained and managed by the Central Government and which provides the bulk of senior officers to the State Police Forces.

History of Gujarat PoliceThe Gujarat Police (ગુજરાત પોલીસ) is the law enforcement agency for the state of Gujarat in India. The Gujarat Police has its headquarters in Gandhinagar, the state capital.

The Gujarat Police came into existence after Gujarat's separation from the Greater Mumbai state on 1 May 1960. The Gujarat Police is headed by Director General of Police (DGP). There are four Commissioners' offices are now: Ahmedabad, Vadodara, Rajkot  and Surat. There are seven ranges in the Gujarat

Police: Ahmedabad, Gandhinagar,Vadodara, Rajkot,Junagadh, Surat  and Boarder Range. For police administration the state is further divided into 26 police districts and Western Railway Police.

Gujarat Police has some branches for special tasks: Crime, anti-terrorist squad (ATS) and the Intelligence wing. The Gujarat Police was the first state police to crack the serial bomb blast mystery during 2007-08 in many Indian cities including 2008 Ahmedabad bombings.

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Politicization of Police

In the years following the 2002 Godhra Riots, the Gujarat police is widely perceived as having become "extraordinarily politicized" As of September 2013, there were an unprecedented total of 32 police officers, including six IPS officers who were in jail for the cold-blooded killing of a dozen people in staged "encounters".

On April 24, 2007, DIG Rajnish Rai of Gujarat Police, who was investigating the Sohrabuddin Sheikh murder case, arrested three senior police officers: D G Vanzara, S Pandia Rajkumar and Dinesh MN (Rajasthan cadre). Vanzara was charged as the key executor of the extrajudicial killings. As a DIG, he had been promoted as head of the Anti-Terrorism Squad, normally an IG post.

The deputy home minister under Narendra Modi, Amit Shah, has been indited as the "kingpin and prime accused" in the Tulsiram Prajapati murder case.[7] Modi himself held the portfolio for Home. The BJP minister from Rajasthan, Gulab Chand Katariahas also been charge sheeted in the Prajapati murder.

In September 2013, D. G. Vanzara accused Amit Shah and Narendra Modi of having given the orders to eliminate four people, including Tulsiram Prajapati (for which Shah has been charged with being "kingpin and prime accused".

Rebuke from Courts

The Supreme Court has pulled up the standards of policing in Gujarat in a number of cases. In the Bilkis Bano mass rape and murder case, the Supreme Court observed gross "negligence on the part of the local police" and handed the case to CBI. The CBI discovered that the police had buried several bodies with salt so they might disintegrate faster. Several police personnel were convicted along with the eleven rapists.

In the Naroda Patiya massacre, the Supreme court scolded the Gujarat police for not arresting several accused. Subsequently Modi minister Maya Kodnani was sentenced to 28 years for complicity in the massacre.

Meanwhile, police officers such as Sanjiv Bhatt, Rajnish Rai and R.B.Sreekumar, Rahul Sharma were penalized for doing their jobs.

According to ex Director General of Police, RB Sreekumar, the Gujarat police is in the grip of "Modi-phobia". Another ex-DGP, R N Bhattacharya, has suggested that Gujarat police may have been compliant with Muslim killings during the riots.

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Division of a stateState

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Zone

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Range

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District

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Subdivision

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Circle

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Police Station

An Officer of rank of SP heads the district Police force. A group of districts forms the range, which is looked by an officer of the rank of DIG police. Some states have zones comprising of two or more ranges under the charge of an officer of the rank of IG police.

Each district is divided into sub division. Sub division is under the charge of the rank ASP/DSP. Every division is further divided into number of police stations. Between police station and sub division there are numbers of circles in some states, each circle headed by inspector of police.

Police station is basic unit of police administration in a state. A police station is divided into a number of beats which are assigned to constable for patrolling, surveillance, collection of intelligence etc. In rural area or smaller police stations, the office in charge is usually Sub inspector.

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Organization Structure of Police

Director General of Police (DGP)

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Inspector General of Police (IGP) or (C P)

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Dy. Inspector General of Police (DIGP)

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Superintendent of Police (SP) or (DCP)

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Dy. Superintendent of Police (DSP) or (ACP)

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Inspector of Police (IP)

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Sub Inspector of Police (SIP)

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Assistant Sub Inspector of Police (ASIP)

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Head Constable (HC)

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Constable

Director General of police is the head of the police department. He saw all the management of police and Inspector general is the second highest post of police. There is more than one inspector general under the director general. After that the another posts of police comes. The lowest post of police is Constable.

Inspector General of police is in charge of a zone, which comprise few ranges. Dy. Inspector General of Police is in charge of a range, which comprise a group of district. Superintendent of police is in charge of a district. Dy. Superintendent of police is in charge of sub division in

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the district. Inspector of police is the in charge of a police station. Sub Inspector of police is the in charge of a Police Chouki and the other officers are the staff of the police station.

Administrative machinery

 Director General of Police and the police officer Additional Director General of Police (Administration)

 Deputy Administrative Officer - 1 Accounting officer Deputy inspector general of police (planning and modernization)

 Deputy Administrative Officer - 2 Office of the Superintendent (General)

 Additional Director General of Police (Law and Order) Director General of Police (Law and Order)Deputy inspector general of police

 Deputy Superintendent of Police (State Control Room) Deputy Superintendent of Police (Staff Officer) Deputy Superintendent of Police (Traffic State)

 Additional Director General of Police (police reform) Additional Director General of Police (SC / ST)

 Deputy Superintendent of Police (SC / poor classes) (Charge) Additional Director General of Police (Investigation)

 Deputy Superintendent of Police - a few rooms Charge Additional Director General of Police (Intelligence) Additional Director General of Police (Crime and Railways) Additional Director General of Police (armed units) Additional Director General of Police (Training) Commissione, technical services IGP Police, State Crime Records Bureau Commissioner of Police, Ahmedabad City Police Commissioner, vadodara city Commissioner of Police, Surat city The police commissioner, Rajkot city Inspector general of police, Ahmedabad Range

 Superintendent of Police, Ahmedabad (Rural) Superintendent of Police, Kheda Superintendent of Police, Anand

 Deputy inspector general of police, Gandhinagar range Superintendent of Police, Gandhinagar

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 Superintendent of Police, Sabarkantha Superintendent of Police, Gujarat Superintendent of Police, Aravalli

 Deputy inspector general of police, Surat range Superintendent of Police, Vadodara rural Superintendent of Police, Bharuch Superintendent of Police, Gujarat Superintendent of Police, Panchmahal Superintendent of Police, Dahod Police Superintendent direction river Mahi sagar Superintendent of Police, Chota

 Inspector general of police, Surat range Superintendent of Police, Surat Rural Superintendent of Police, Valsad Superintendent of Police, Navsari Superintendent of Police, Dang Superintendent of Police, Surat

 Inspector general of police, Junagadh Range Superintendent of Police, Junagadh Superintendent of Police, Amreli Superintendent of Police, Bhavnagar Superintendent of Police, Porbandar Superintendent of Police, Gir, Somnath Superintendent of Police, train

 Inspector general of police, Rajkot range Superintendent of Police, Rajkot rural Superintendent of Police, Jamnagar Superintendent of Police, Surendranagar Superintendent of Police, Morbi Superintendent of Police, devabhumi Dwarka

 Inspector general of police, border range Superintendent of Police, Kutch - West (Bhuj) Superintendent of Police of Kutch - East (Gandhidham) Superintendent of Police, Patan Superintendent of Police, Banaskantha

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Laws and Regulations

Section Details 107 Rendered Crime114 Abetting fraud120-B Criminal conspiracy124-A Treason143 Illegal Societies147 Riot to punish160 Cruel punished171-six Election shall not be176 Giving of information182 Giving false information188 The server do not comply with the order201 Evidence is missing217 The servant of the law to disregard the command218 State minister wrong record - making the text224 Accused to flee from custody225 The servant duties slip273 Confused with something to sell277 Tousle the lake water292 To Indecent Representation302 Punishment for murder304 Educational homicide304-A Negligence death304-B Dowry death306 Cruel to suicide307 Attempted murder317 Children under the age of twelve shall be exposed318 Abandoned baby to hide debt324 Spontaneously to distress325 Spontaneously to the Passion326 Spontaneously with a terrible weapon of Passion341 Wrongful restraint342 Illegal detention354 Not intend to attack on the prerogative of363 Abduction364 Request for exemption from wealth held hostage kidnapped365 Kidnapped person366 Intended to marry her abduction

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376 Punishment for rape377 Punishment for offenses against unnatural379 Punishment for theft380 Mansion open to punishment for theft454 & 380 The day of judgment for burglary457 & 380 Night of punishment for burglary392 Public and punished394 The public and to demand punishment395 Punishment for kidnapping399 In preparation for the raid to punish406 Criminal breach of trust408 The burden of trust411 Punishment for keeping stolen goods419 False name to punish cheating420 Punishment for cheating429 Loss of animals to punish436 Home Fire Loss punish etc.461 close breaking465 Making a false document489-A Take possession of counterfeit notes497 Adultery498-A Torture by the woman's husband or relative of husband500 Defamation506 Put to death threats and punish509 Solely to punish the woman into space511 Discourage crime

Important clauses of the Bombay Police Act

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Section Details 102 Public space setback103 Be a hindrance110 Nasty behavior in public spaces116 public smoking in building prohibition117 About sentence118 Of stray120 Unauthorized entry without reason122 Overnight in giving a satisfactory answer135 Breaking initiatives142 Admission to the person deported within145 Police employee for being absent from duty without reason

Important clauses Gambling Act

Section Details 12 Public with regard to gambling12-A Worli matakana regard to gambling4 & 5 In regards to gambling

Important provisions in different laws

(1) The Police Act

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Relegation to the head of a person , section - 6

Person guilty about relegation , section - 7

Those police duties , Article -66

The power to take over unclaimed property , section 8 of the

Setback on the road to the section from -99 to 104

Public spaces to the dreadful act , section of -10

To behave immodestly in public expenditure, section - 110

Sometimes coming - going to annoy people , section -111

Wanting to be a breach of peace misconduct , section 112 of the

way closer to the act , section 115 of the

Quit building to the public , section -116

A breach of duty. Capital punishment can be up to 110 , section -117, 116 from Section 99

To know about the fear of fires , Section 1 of -1

binding without the right weapon , section 3 of -1

According to the rules, violating , section -131, -33 section

(2) Bombay Prohibition Act

Without a permit intoxicating drink lately of, -131 section, section 33 

Indigenous - having possession of foreign liquor ,Section -66 (1) B,

(3) Arms Act 19 of 9

Fire a weapon without a license (weapon) involves possession of, section - Circular (1 - b) (a)

Buy a weapon without a license from the person, a person without a license to sell firearms , section - the 9 (A) (B)

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FIRST INFORMATION REPORT (F.I.R.)

Constitutional responsibility of the State, Administration of Criminal Justice throughPolice and Judiciary.

Criminal law occupies a predominant place among the agencies of social control and is regarded as a formidable weapon that society has forged to protect itself against anti-social behavior. Criminal Procedure is an inseparable part of the panel law and the effectiveness of the latter depends much upon the proper implementation of the former.The criminal law has been described as one of the most faithful mirrors of the modern society reflecting the fundamental values on which the later rests.Broadly speaking, the investigation of an offence consists of:

1. Proceeding to the place of offence.2. Ascertainment of the facts and circumstances of the case.3. Discovery and arrest of the suspected offender.4. Collection of evidence relating to the commission of the offence which may consist of: -(a) Examination of various persons (including the accused) and the reducing of their statements into writing if the Police officer making the investigation think fit.(b) Search of places or seizure of things considered necessary for the investigation or trial.5. Formation of the opinion as to whether on the materials collected there is a case to place the accused before a magistrate for trial, and if so taking the necessary steps for the same by the filing of charge sheet.The Principal agency for carrying out investigation of offence is the Police, and the Police can proceed to investigate: -(a) On the information received from any person as to the commission of any cognizable offence.(b) Even without any such information, but if they have reason to suspect the commission of any cognizable offence.(c) On receiving any order (to investigate) from any judicial magistrate empowered to take cognizance of any offence under section 190 Cr.P.C.

DEFINITION

FIR has not been defined in the Cr.P.C. In fact is the information relating to the commission of a cognizable offence that reaches the officer –in –charge of the Police Station first in point of time.F.I.R. is a very valuable document. It is of utmost legal importance , both form the point of view of the prosecution and the defence. F.I.R. constitutes the “foundation “ of the case in the

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first instance and whole of the case is built on it . If the foundation is week , then the prosecution case will tumble down . If on the other hand , is strong if will endure the attacks of the accused and his counsel.On receipt of such information the S.H.O. of the Police Station is legally required to draw up a regular F.I.R. in from prescribed by the State Government vide Sec. 154 Cr.P.C. When any information disclosing a cognizable offence is laid before the officer–in – charge of Police Station , he has no option but to register the case on the basis thereof.

Sec.154 Cr.P.C.

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer 1/c of a Police Station, shall be reduced to writing by him or under his direction, and be read over to the informer, and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the statement Government may prescribe in this behalf.(Daily diary register)(2) A copy of the information as recorded under sub.Sec.(1)shall be given forthwith, free of cost to the informer.The substance of the report be entered in Daily Diary Register also. A copy of the F.I.R. as recorded shall be given forth-with to the complainant free of cost. The provision of Standing Order No. 140 and instructions in this regard is attached hereto as Annexure-I & II.The most uncommon practice of sending away a complainant who wishes to make an oral report to go and bring a written one should be strongly discouraged. The SHO must be made to fulfill his responsibility in this regard.Each F.I.R. should bear a consecutive number in the order of it arrival at the Police Station. This number runs for a year. Not more than four copies are prepared at a time.

WHO CAN LODGE F.I.R.

(1) Complainant who is an aggrieved person or some body on his behalf.(2) By any person who is aware of the offence (a) as an eye witness and (b) as an hearsay account.(3) Provided the person in possession of the hearsay is required to subscribe his signature to it and mention the source of his information so that it does not amount to irresponsible rumor. The rule of law is, if general law is broken any person has a right to complain whether he has suffered an injury or not.(a) By the accused himself. (4) The information is only by a medical certificate or doctor’s ruqqa about arrival of injured, then he (S.H.O.) should enter it in daily diary and go to hospital for recording detailed statement of injured.

Section 156 Cr.P.C.

U/Sec.156, Cr.P.C 1973 an officer in charge of Police Station is empowered to investigate any cognizable offences which occurs within his jurisdiction and under section 157 Cr.P.C. he is also empowered to depute a subordinate officer not being below such rank as the state Govt. may by general or special orders prescribed in this behalf to proceed to the spot, to

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investigate the factors and circumstances of cases and, if necessary, to take measures fro the discovery and arrest of the offender. The instruction issued from Police Headquarters and photocopy of the news clipping of Indian Express dated 9/10/99 regarding jurisdiction ofF.I.R “on territorial bar on lodging FIR” is attached with Annexure-111.

F.I.R. ON TELEPHONE

Legally a case should not be registered (a) as there is always a doubt about its authenticity (b) as it does not satisfy the test of Sec. 154 Cr. P.C. being not an oral statement reduced into writing: read over, admitted correct and signed by the informer. Message to the Police on telephone that an injured person was lying amount to FIR (Sukharam Vs. State of Maharashtra (1969) 3 SCC, 730.

F.I.R. ON TELEGRAM

On receipt of telegram in railways case may be registered. Normally enquiry should be made and on receipt of an original telegram, which contains the thumb, impression of signatures case may be registered.

Sec. 177 IPC

“Furnishing false information”“Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows of has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both”.Or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, of with fine, of with both”.

Sec. 167 IPC

“Public servant disobeying law, With intent to cause injury to any person”.“Whoever, being a public servant, and being, as such public servant, charged with the preparation of translation of any document , frames of translates that document in a manner which he knows or believes to be incorrect, in-tending thereby to cause of knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a ter4m which may extend to ;three years, ;of with fine, of with both”.

Sec. 218 IPC

“Public servant framing incorrect record of writing with intent to Save person from punishment or property from forfeiture”.“Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record of writhing in a manner which he knows to be incorrect, with intent to cause, of knowing it to be likely their that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or

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knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture of other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, of with fine, of with both”.If the informer gives false report, he is liable to be prosecuted u/s 182 or 211 IPC which are as follows:

Sec. 182 IPC

“False information with intent to cause public servant to use his power to ;the injury of another person”.“Whoever gives to; any public servant any information which he knows or believes to be false, intending thereby to cause, of knowing it to be likely that he will thereby cause, such public servant”-(a) To do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or(b) To use the lawful power of such public servant to the injury or annoyance of any Person.Shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which fine which may extend to one thousand rupees, or with both

Sec.211 I PC

“False charge of offence made with intent to injure”.“Whoever, with intent cause injury to any person, Institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”.And if such criminals proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life or imprisonment for life or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;A Refusal to write F. I.R. is punishable departmentally for burking and legally U/s 166/217 IPC which are as follows: -

Sec. 166 IPC

“Public servant disobeying law , with intent to cause injury to any person”.“Whoever , being a public servant , knowingly disobeys any direction of law as to the way in which he is to conduct himself as such public servant , intending to cause , or knowing it to be likely that he will , by such disobedience , cause injury to any person , shall be punished with simple imprisonment , for a term, which may extend to one year , or with fine or with both”.

Sec. 217 IPC

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“Public servant disobeying direction of law with intent to save Person from punishment property from forfeiture”.“ Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law. Shall be punished with imprisonment of either description for a term which may extend to two years, with fine, or with both”.

ESSENTIALS OF F.I.R.

11Ws while recording FIR.1) W -- what information has come to convey2) W -- what capacity3) W -- Who committed crime.4) W -- Whom against crime committed5) W -- When (Time)6) W -- Where (Place)7) W -- Why (Motive)8) W -- Which may (actual occurrence)9) W -- Witnesses.10) W -- What was taken away.11) W -- What traces were left by the accused

OBJECT OF THE F.I.R.

To make a complaint to the Police to set the criminal law in motion. Its secondary though equally important object is to obtain early information of an alleged criminal activity.

DELAY IN LODGING F.I.R.

The longer the delay , the stronger the suspicion. That the case is false wholly or in material particulars, so the delay should satisfactorily be explained.(1) Care should always be taken that the names of witness are mentioned in F.I.R. If the names of P.Ws, do not appear in it and they are examined later on , the presumption is that they were not present at the spot and have been procured later on .(2) Care should be taken that all the material facts are mentioned in FIR (as much available at that time).(3) Names of the accused persons should occur in F.I.R. and their parts also (If information is available at that time)(4) It is not necessary to up or cite all the P.Ws. in court.

REASONS OF DELAY

Note Reasons of the delay on the part of complainant is mentioned as “DOC”. Reasons of the delay on the part of Police /is mentioned as “DOP”.

1. Physical condition of the informer (DOC).

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2. Psychological condition of the informer (DOC).3. Natural calamities (Both).4. Distance of place of occurrences (Both)5. Ignorance of law of informer. (DOC).6. Late detection of commission of crime (DOC).7. Due to threat, promise and undue influence (DOC).8. Economic & social reasons (DOC).9. Dispute over the jurisdiction of Police Station (DOP).10. Uncertainty of place of occurrence due to continuous offence (DOP).11. Shortage of staff (DOP).12. Unavoidable departmental formalities (including delay due to opinion of experts) (DOP) Reasons of delay should be explained in the FIR.

F.I.R. BY AN ACCUSED PERSON:

Sometimes it so happens that accused after commission of crime goes to Police Station and lodges an F.I.R., the procedural legal provision as well as the Indian Evidence Act are mentioned as under: -1. Sec. 162 Cr.P.C. does not hit such F.I.R.2. Sec. 25 Indian Evidence Act, is applicable if the statement is in the nature of confession but is relevant u/s 21 of the Indian Evidence Act ..3. Sec.25 of the Indian Evidence Act “No confession made to a Police officer shall be proved as against a person accused of any offence may it be before or after investigation.4. If the information is non – confessional, it is admissible against the accused as an admission U/S 18 /21 of the Indian Evidence Act and is relevant.5. For corroborating the statement of the maker under section 157 of the Indian Evidence Act.6. For contradiction of the evidence of person giving the information U/S 145 of the Indian Evidence Act.7. For refreshing informers conduct U/S 159of the Indian Evidence Act.8. For impeaching the credit of an informer U/S 155 of the Indian Evidence Act.9. For Proving the informers conduct U/S 8 of the Indian Evidence Act.10. U/S 32 (1) of Indian Evidence Act (Dying declaration)11. U/S 6 Evidence Act when the injuries are being caused in the presence of SHO in a Police Station .12. U/S 160 Evidence Act when the informer fails to recall his memory the facts, but he is sure the facts were correctly reported in the FIR at the time he wrote it, read it.13. FIR is a public document prepared U/S 154 Cr.P.C. and a certified copy of it can given in evidence U /S 77 of Indian Evidence Act.14. The FIR by an accused person cannot be treated as an evidence against any co accused, as It was lodged by the accused and not by a witness

COMPARISON CHART OF F.I.R. IS AND F.I.R. IS NOT (Sec. 154 Cr.P.C.)

F.I.R. IS

1. Information relating to cognizable crime2. Give to the officer –in-charge of Police Station.3. First in Time.4. Written or oral.

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F.I.R. IS NOT

1. Rumor, gossip or hearsay.2. Telegram.3. Telephonic message.4. Information not given to officer-in- charge of Police Station.5. Anonymous communication.

From the above, the following ingredients can be made out: -(1) It must be information relating to the commission of a cognizable offence.(2) It must be give to an officer –in –charge of a Police Station.(3) It must be reduced to writing, if given orally.(4) It should be appended by the signature of the informer ( Refusal to sing the report is punishable u/s 180 IPC).(5) It should be read over to the informer.(6) The gist of the information should be entered in the Station General Diary.(7) A copy should be given forthwith free of cost to the informer. Informer must be produced in the court to proved and corroboration of it.

DO’S AND DON’TS

DO’S

FIR should be lodged immediately. It should be recorded in first person. Attitude / Behaviors to wards the victim should be sympathetic. Technical words should be avoided and as far possible language of the informer /

complainant should be used. Written complaint should be taken. But complainant should be discreet to give written statement. Written statement should be duly signed or thumb imprisoned. Only a report of cognizable offence should be lodged in FIR. Authentic information should be mentioned in the FIR. Place, Date & Time of occurrence should be mentioned in the FIR. Arrived & Departure of the informer should be mentioned in the FIR as well as Daily

Dairy Register. Delay, if any, in registering the case should be covered in FIR. 11 “Ws” Should be strictly followed. Description & Role of every accused involved in the Commission of offence should

be covered in FIR. Kind of physical damage & property destroyed should be mentioned. Weapon of offence and observation of Scene of crime should be mentioned in the

FIR. Telephone number, if any, of the complainant should also be mentioned. Four copies of FIR should be prepared simultaneously by carbon paper process. FIR should be lodged in neat & clean handwriting and be kept in safe custody being a

permanent record. A copy of FIR should be sent to MM concerned immediately A copy of FIR should be provided to the complainant free of cost.

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DO NOT’S:

Complainant should not be puzzled. Hares language should not be used. Aggression should be avoided. Unnecessary details should be avoided. Over-writing /scoring should be avoided. Offence should not be minimized. Do not forget to take thumb impression or signature of the informer. FIR should not be lodged on the basis of telephone telegram or hearsay rum our

without verifying the facts and getting the signature of the informer/ complainant.

FINAL FATE OF F.I.R. IN COGNIZABLE OFFENCE.

When there is sufficient evidence a CHAALLAL is prepared,. When there is insufficient evidence , F.I.R. is declared as UNTRACE. When FIR is found to be false or is transferred to other Police Station on point of

jurisdiction, it is decided as CANCELLED. After registering the FIR the contents of the FIR can not be changed. Only High Court

can quash the FIR u/s 482 Cr. P.C

WHAT ACTION SHOULD BE TAKEN IN NON- CONGNIZABLE OFFENCE

The information regarding non-cognizable offence be lodged in Daily Dairy Register.

Complainant be advised & briefed property to approach the Court.

Police officer cannot interfere/ investigate into the Non-cognizable cases without the order of the court.

A copy of DD entry duly signed should be provided to complainant free of cost.

If order regarding investigation into non – cognizable cases is received then the procedure should be

adopted as in the cognizable cases.

Orders of the court should be obtained to arrest the Non cognizable cases after the investigation.

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Information of duty of the officer in the police station

NO. Department Responsibility

1. 1st PI and2nd PI

Both are responsible for investigation crime related 1 to 5 and also related to inquiry

2. P.S.O.Responsible in the absence of PI, accepting the applications, Registering FIR, offender into lock-up and also for the maintaining the registry that called as station diary. ( 3 shift work)

3. Investigation squared

To take complaint and registering the crime and investigating it. (3 shift work)

4. N.C. Table Samoans or warrant fulfillment with court duty also registering chapter case and maintain record

5. Registry-officer From all city’s Postal incoming-out going responsibility

6. Writer head Account Salary Sleep of the all officer works in the police station.

7. Writer head misilinious

Part 1 to 5 of the 6 and Register related to prohibition and to maintain assets, charge-sheet and to presenting into Court

8. M.O.B. BranchOpening the MCR card of who involved in the property related Offenders also information of deported person and to maintain history records.

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Observation

The police station in which we visited is located in Near Drive In Cinema, thaltej. This police station covers the area of Vastrapur. Two or three cases registered in this police station in a day. There is a board in which the poster of criminals with their details is printed. A notice board for officer’s direction is also located. Different registers are maintained for different things. If a complaint is comes then try to find the truth that the complaints is true or false.

As we entered in the police station, there is a ground floor which consisted of following section.

Duty officer table Male lockup Female lockup R.T.I ARMORY Muddamaal prohibition Muddamaal general Senior PI office PI office

On the first floor consisted of the following section:

Visitor’s Room Investigation Room Passport Account Misillinious Non Congnizable Record Room Registry Office M. O.B Crime Room

Duty officer is a person who lodges the FIR and tells the respective officer about the report. He maintains the daily diary and puts entry in them. In case of cognizable offence, he lodges

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FIR (First Information report) while an NCR (Non Cognizable Repot) is filled in case of non cognizable offences. He also maintains the various file documents and records.

There are separate lock-ups for male and female. A proper sanitation facility is there. Rooms have sanitation facilities but no switchboards or fans, nails or any sharp edges which might help to commit suicide or harem themselves in any form.

There are RTI department who has responsible of investigating various criminal cases and finding the clue and searching the better proof which is mainly importation to solving the cases.

Armory room which consisting the various weapons to be used in the emergency situation and it is also important to keep in the better safe place as well, there are muddamaal prohibition and general room as well, it is used to keep the material who received in the various police raid. It is one of the most important parts of a police station. This room is a place where the various types of items collected for example- shoes, clothes, weapons, or other things. These items collected from the place of crime. These items are maintained for further trial. These items send to Forensic labs for testing.

Senior Police Inspector and Police inspector consisting the room in the ground floor.

In this visit of police Station, it is important to understood the basic structure of the police station. There are two Inspectors of police in this police station, one who is a senior in that. Now the police stations become advanced. All the data of police record saved in computer.

FIR also loading in computerized form for the record. There are some Help line No. of some senior officers in the reception and there is a notice board in which the daily notice is written for the officers.

There is a notice board of the title “COP OF THE MONTH”. This consist the best person of the police station during the period of the month wo has done the outstanding work to control the criminal activity in the society. The awards title is ‘PRERNA PATAL AWARD’ which has given to ‘Rakeshsinh Ramvirsinh’ batch no: 9544 for the month of December 2013.

The response from the police department was appreciable and sincere thanks for allowing to visit the police station during the period of research and allowing to make a clinical report on the police station.

There are various important documents related to police station has attached at last in this research.

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Format copy of various Important Documents used in Police station

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