0
Project
In
The subject of
Administration of Criminal Justice
On the topic of
Evidentiary Value Value of tatements and Articles sei!ed in Administration Administration of Criminal Justice"
Adish V" V" #alarn$ar #a larn$ar Class% econd &ear ''"(
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TIT'E
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Introduction
,
,"
'e-al .e-ime
/
/"
5"
'e-al provisions re-ardin- evidentiary value of the statement recorded by the police in the course of investi-ation under section )1, of the Code of Criminal Procedure2 )34/"
Evidentiary Evidentiary value of statements made durinthe period of investi-ation but not durin- the course of investi-ation
),
"
Evidentiary value of Confessions
)/
1"
6irst Information .eport and Its Evidentiary Value
,0
4"
7yin- 7eclaration and its evidentiary value"
,,
8"
Evidentiary value of Article sei!ed"
,5
3"
Conclusion
/5
9iblio-raphy
/
)
r" *o"
TIT'E
P+" *O"
)"
Introduction
,
,"
'e-al .e-ime
/
/"
5"
'e-al provisions re-ardin- evidentiary value of the statement recorded by the police in the course of investi-ation under section )1, of the Code of Criminal Procedure2 )34/"
Evidentiary Evidentiary value of statements made durinthe period of investi-ation but not durin- the course of investi-ation
),
"
Evidentiary value of Confessions
)/
1"
6irst Information .eport and Its Evidentiary Value
,0
4"
7yin- 7eclaration and its evidentiary value"
,,
8"
Evidentiary value of Article sei!ed"
,5
3"
Conclusion
/5
9iblio-raphy
/
, 9.
INTRODUCTION
Statement
A :ritten document made and si-ned by a :itness2 tellinpolice :hat they $no: about a crime"
)
The act or process process of of statin- or presentin- orally or on paper" ,
Examples:
1. The police police too$ the :itness;s :itness;s 2.
statement "
from statement from
a :itness"
Evidentiary is somethin- constitutin- evidence or havin- the
=uality of evidence and somethin- that relates to the evidence in a particular case" E>amples% 1. A?s statement at the scene of a car :rec$ that one of the
drivers :as speedin- has evidentiary value because it says somethin- about ho: the accident happened" 2. If a judjud-e e hold holds s a hear hearin in- to deci decide de :het :hethe herr or not not a
parti particul cular ar piece piece of evide evidence nce is admiss admissib ible le at trial2 trial2 that that hearin- mi-ht be called an evidentiary hearin-"
)
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II. LEGAL REGIME
Accordin- to ection )1,F)G of the Code of Criminal Procedure2 no statement made by any person to a police oHcer in the course of an investi-ation shall2 if reduced to :ritin-2 be si-ned by the person ma$in- it2 nor shall any such statement or any record thereof2 :hether in a police diary or other:ise2 or any part of such statement or record2 be used for any purpose2 save as hereinafter provided2 at any in=uiry or trial in respect of any oence under investi-ation at the time :hen such statement :as made" #o:ever2 :hen any :itness is called for the prosecution in such in=uiry or trial :hose statement has been reduced into :ritin- as aforesaid2 any part of his statement2 if duly proved2 may be used by the accused2 and :ith the permission of the Court2 by the prosecution2 to contradict such :itness in the manner provided by ection )5 of the Indian Evidence Act2 )84, and :hen any part of such statement is so used2 any part thereof may also be used in the reBe>amination of such :itness2 but for the purpose only of e>plainin- any matter referred to in his crossBe>amination"
5
As per subBsection F,G of ection )1, of the Code2 nothin- in ection )1, of the Code shall be deemed to apply to any statement fallin- :ithin the provisions of
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5
clause F)G of ection /, of the Indian Evidence Act2 )84, or to aect the provisions of ection ,4 of the Indian Evidence Act2 )84,"
The e>planation to ection )1, of the Code provides that an omission to state a fact or circumstance in the statement referred to in subBsection F)G may amount to contradiction if the same appears to be si-niLcant and other:ise relevant havinre-ard to the conte>t in :hich such omission occurs and :hether any omission amounts to a contradiction in the particular conte>t shall be a =uestion of fact"
1
ibi d
6 ibid
Legal
provisions regarding
evidentiary
vale
o! t"e
statement re#orded $y t"e poli#e in t"e #orse o! investigation nder se#tion %&' o! t"e Code o! Criminal (ro#edre) %*+,.
It is only a statement made in the course of an investi-ation that is prohibited from bein- used as evidence" The :ord Mstatement? means narration addressed to a public oHcer by some other person orally or in :ritin-" It includes a confession made to a police oHcer in the course of an investi-ation and any other statement of the accused person" It does not include a statement made to a third person even in the presence of a police oHcer"
4
The :ords Nin course of? import that the statement must be made as a step in a pendin- investi-ation to be used in that investi-ation and do not refer to the period of time bet:een be-innin- and end of investi-ation" The phrase Min the course of an investi-ation? means that the statement has to be made not only after the investi-ation has started2 but as a step in2 or in the conscious prosecution of2 the investi-ation itself"
'ist
of
stolen articles2
search
list2
8
in=uest
report2
map2
identiLcation of persons2 identiLcation of articles2 identiLcation of places2 conduct2 tapeBrecordin- are not
4
ibi d
8 ibid
1
considered as statements" Customs oHcer2 E>cise oHcer2 6orest oHcer and oHcer of .ail:ay Protection 6orce are not police oHcers"
3
Thus2 the bar or prohibition a-ainst the use of a statement made before police oHcer e>tends to% F)G All statements
(1) Confessional or other:ise
(2)
F,G 9y :homsoever made%
(1) 9y any person :hether accused or not
(2) The person ma$in- the statement but
(1)
The statement must be made to a police oHcer
(2) (ust be made in the course of an investi-ation under Chapter
II of the Code of Criminal Procedure"
)0
A statement recorded by the police durin- the investi-ation is not at all admissible in evidence and the proper procedure is to confront the :itness :ith contradictions :hen they are e>amined and then as the investi-atin- oHcer
3
ibid ibid
)0
4
re-ardin- those contradictions" Even a statement of a :itness recorded by the investi-ators durin- the in=uest under ection )45 of the Code of Criminal Procedure :ould be :ithin the inhibition of ection )1,"
))
A statement recorded by the police in the course of investi-ation can be used in a trial if the person ma$in- the statement is e>amined as a prosecution :itness and it cannot be used for any purpose :hatsoever if the person ma$in- the same is e>amined as a defence :itness" The statement can be used for the purpose of contradictin- such FprosecutionG :itness in the manner provided by ection )5 of the Evidence Act" The prosecution also can no:2 :ith the permission of the Court2 use such statements to contradict :itnesses or to confront hostile :itnesses" uch statements can2 ho:ever2 in no case be used for the purpose of corroboration or as substantive evidence"
),
A statement made before a police oHcer durin- the course of investi-ation cannot be used for any purpose :hatsoever2 e>cept :hen it attracts the provisions of ection ,4 or ection /,F)G of the Evidence Act" If2 ho:ever2 such a statement is made by a :itness e>amined by the prosecution2 it may be used by the accused to contradict such a :itness and :ith the permission of the Court2 by the prosecution in accordance :ith ection )5 of
the Evidence Act" If any part of the previous statement is used for contradiction2 any part of the statement can be used in the reBe>amination of the :itness for the only purpose ))
ibid
12
ibid
8
of e>plainin- any matter referred to in his crossBe>amination" The e>pression Mprevious statement? constitutes the entirety of the facts stated by a :itness :hen he :as e>amined on dierent dates by the same investi-atin- oHcer or dierent investi-atinoHcers durin- the course of investi-ation"
)/
MAny part of such statement? :hich has been reduced to :ritinmay in certain limited circumstances be used to contradict the :itness :ho made it" The limitations are%
(1)
Only the statement of a prosecution :itness can be used
(2) Only if it has been reduced to :ritin-
(3) Any part of the statement recorded can be used such part
must be duly proved
(4) It must be a contradiction of the evidence of the :itness in
Courts
(5) It can be used only after the attention of the :itness has been
dra:n to it or to those parts of it :hich it is intended to use for the purpose of contradiction"
)5
The restrictions on the use of previous statements of :itnesses imposed by ection )1, of the Code are conLned in their scope to the use by the parties to the proceedin-s of such statement"
Therefore2 the Court :hile e>aminin- a )/
14 ibid
ibid
3
person as a Court :itness under ection /)) of the Code or as$in- any =uestion of any :itness under ection )1 of the Evidence Act2 may ma$e use of the previous statement of such a :itness and the restrictions put by ection )1, of the Code on the use of previous statements are not applicable in such a case" The bar created by ection )1, has no application in a proceedin- under Article /, or ,,1 of the Constitution or in a civil proceedin- and a statement made before a police oHcer in the course of investi-ation can be used as evidence in such a proceedin- provided it is other:ise relevant under the Evidence Act"
)
A statement made before police oHcer in course of investi-ation cannot be used for contradictin- a defence :itness or a court :itness or
for
corroboratin-
the
statement2
made
by
a
prosecution :itness in the Court" ection )1, forbids the use of police statements of prosecution :itnesses for comparin- them :ith one another" *o inference can be dra:n a-ainst the veracity of the :itnesses because of similarity of lan-ua-e in statements relatin- to the same incident" A material contradiction bet:een Court version of a :itness and his previous statement made to the police2 merits careful consideration in determinin- :hether the :itness is truthful and reliance could be placed on his evidence" The reason for the prohibition of the use of the
statements made to the police durin- the course of the investi-ation for the purpose of corroboration is that the police
)
ibid
) 0
cannot be trusted for recordin- the statements correctly and as they are often ta$en do:n in a hapha!ard manner in the midst of a cro:d and confusion"
)1
If a person :hose statement is recorded by the police in the course of the investi-ation is called as a defence :itness2 his previous statement before the police cannot be used for contradictin- him because it :ould be improper to allo: a :itness to be contradicted by a record prepared by the opposite party" The contents of panchanamas :ould not come :ithin the ban under ection )1, of the Code and such previous statements could be le-itimately used for corroboration under ection )4 of the Evidence Act" Omissions are bound to be there but only those omissions in the police statement of a prosecution :itness can be used for the purpose of contradiction as can be deemed by necessary implication to be included in the e>press recorded statement2 *o other omission can be permitted to be used as a contradiction2 ho:ever important it mi-ht be"
)4
ection )1,F,G of the Code of Criminal Procedure provides that the restrictions imposed on the use of the statements recorded by the police in course of the investi-ation shall not apply in respect of the statements fallin- under ection /,F)G of the Evidence Act2
i"e"2 dyin-
declarations
and
in
respect
of
statements fallin- under ection ,4 of the Evidence Act" The provisions of ection )1,F,G of ibid
17 ibid
) )
the Code of Criminal Procedure in so far as they are related to ection ,4 of the Evidence Act2 do not oend a-ainst Article )5 of the Constitution of India"
)8
The distinction bet:een persons in custody and persons not in custody in the conte>t of admissibility of statements made by them concernin- the oence char-ed is a real distinction bet:een
the
t:o
classes
and
the
distinct
rules
about
admissibility of statements made by them are not hit by Article )5 of the Constitution"
)3
ibid
19 ibid
) ,
Evidentiary vale o! statements made dring t"e period o! investigation $t not dring t"e #orse o! investigationimposed on the use
The restrictions
of statements before police oHcer applicable only to such statements as are made to the police oHcer durin- the course of investi-ation" The :ords Min the course of? imply that the statement must be made as a step in a pendin- investi-ation" Any
other
statement2
thou-h
made
durin-
the
time
investi-ations :ere -oin- on2 is not hit by the prohibitory rule of ection )1, of the Code of Criminal Procedure" Therefore2 such a statement can be used for corroboratin- or contradictinpurposes accordin- to the normal rules of evidence contained in ections )4 and )5 of the Evidence Act"
,0
:ho :as assaulted sent a tele-ram to the police2 and the police inspector :ent to the place and recorded a statement from the complainant and this statement is not considered as a statement to the police oHcer in the course of an investi-ation as the investi-atin- oHcer obtained the statement of a person but not the investi-atin- oHcer recorded the statement"
,)
In 9alesh:ar
.ai v" tate of 9ihar2 it has been held that it :as admissible as an admission as to the motive of the accused under ection ,) of the Evidence Act2 :hen an anonymous letter :as :ritten by the accused to the police oHcer complainin- about the act of a
Cho:$idar2 :ho :as ultimately murdered by the accused"
,, ,)
ibid
22 20
ibid
Ibid"
) /
Evidentiary vale o! Con!essions
CO*6EIO* 7eLnition% B The term NconfessionQ is no:here deLned" 9ut tephen?s deLnition of NconfessionQ :hich included admission Nsu--estin- the inference that he committed the crimeQ and :hen :as acted upon by most Courts for a very lon- time :as modiLed by the Privy Council holdin- that only a direct ac$no:led-ment of -uilt should be re-arded as confession" In2 PAKA'A *A.A&A*
,/
,5
In this case2 'O.7 ATKI* observed that% NA confession must either admit in terms the oence2 or at any rate substantially all the facts :hich constitute the oence" An admission of a -ravely incriminatin- fact2 even a conclusively incriminatin- fact2 is not in itself a confession2 for e>ample2 an admission that the accused is the o:ner of and :as in recent possession of the $nife or revolver :hich caused death :ith no e>planation of any other man?s possession"Q Inculpatory and E>culpatory confession%B The confession to somethin- :ron- or :hich involves the accused of any -uilt is inculpatory confession" And2 the confession :hich absolves the
accused of any -uilt is e>culpatory confession"
23
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24
AI. )3/3 P"C" 54
) 5
6orm of Confession%B A confession may occur in any form" It may be made to the court itself2 :hen it :ill be $no:n as judicial confession or to anybody outside the court2 in :hich case it is called an e>traBjudicial confession" It may even consist of conservation to oneself2 :hich may be produced in evidence if overheard by another"
,1
6or e>ample2 in ahoo v" tate of R"P"
,4
The accused :ho :as char-ed :ith the murder of his dau-hterBinBla: :ith :hom he :as al:ays =uarrellin- :as seen on the day of the murder -oin- out of the home2 sayin- :ords to the eect% NI have Lnished her and :ith her the daily =uarrels"Q The statement :as held to be a confession relevant in evidence2 for it is not necessary for the relevancy of a confession that it should be communicated to some other person" .ecordin- of Confessions and tatements ection )15 of Cr"PCB .ecordin- of confessions and statementsB F)G Any (etropolitan (a-istrate or Judicial (a-istrate may2 :hether or not he has jurisdiction in the case2 record any confession or statement made to him in the course of an investi-ation under this Chapter or under any other la: for the time
, ,1 on
27
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)
in force2 or at any time after:ards before the commencement of the in=uiry or trial % Provided that any confession or statement made under this subsection may be also recorded audioBvideo electronic means in the presence of the advocate of the person accused of an oence% Provided further that no confession shall be recorded by the police oHcer on :hom any po:er of a (a-istrate has been conferred under any la: for the time bein- in force"S (2) The (a-istrate shall2 before recordin- any such confession2
e>plain to the person ma$in- it that he is not bound to ma$e a confession and that2 if he does so2 it may be used as evidence a-ainst him and the (a-istrate shall not record any such confession unless2 upon =uestionin- the person ma$in- it2 he has reason to believe that it is bein- made voluntarily" (3) If at any time before the confession is recorded2 the person
appearin- before the (a-istrate states that he is not :illin- to ma$e the confession2 the (a-istrate shall not authori!e the detention of such person in police custody" (4) Any such confession shall be recorded in the manner provided
in ection ,8) for recordin- the e>amination of an accused
person and shall be si-ned by the person ma$in- the confession and the (a-istrate shall ma$e a memorandum at the foot of such record to the follo:in- eect%B
) 1
NI have e>plained to FnameG that he is not bound to ma$e a confession and that2 if he does so2 any confession he may ma$e be used as evidence a-ainst him and I believe that this confession :as voluntarily made" It :as ta$en in my presence and hearin-2 and :as read over to the person ma$in- it and admitted by him to be correct2 and it contains a full and true account of the statement made by him" (5) Any statement Fother than a confessionG made under subB
section F)G shall be recorded in such manner hereinafter provided for the recordin- of evidence as is2 in the opinion of the (a-istrate2 best Ltted to the circumstances of the case and the (a-istrate shall have po:er to administer oath to the person :hose statement is so recorded" (6) The (a-istrate recordin- a confession or statement under this
section shall for:ard it to the ma-istrate by :hom the case is to be in=uired into or tried"
,8
cope and application This section empo:ers any (etropolitan or Judicial (a-istrate :hether or not he has jurisdiction in the case to record any confession or statement of a person made in the course of investi-ation by the police2 or F:hen the investi-ation has been concludedG at any time after:ards but before the commencement of the in=uiry or trial" It applies only to the statements recorded in the investi-ation under Ch" ),
UhaL Ahmed
,3
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limited to the period before the in=uiry or trial U.amsaran2 .ishi v" tate of 9ihar
/0
/)
S
upreme Court on section )15 of Cr"P"C" B upreme Court enunciated the follo:in- principles :ith re-ard to section )15Cr"P"C% 1.
The provisions of ection )15 Cr"P"C" must be complied :ith
not only in form2 but in essence" 2.
9efore proceedin- to record the confessional statement2 a
searchin- en=uiry must be made from the accused as to the custody from :hich he :as produced and the treatment he had been receivin- in such custody in order to ensure that there is no scope for doubt of any sort of e>traneous inuence proceedinfrom a source interested in the prosecution" 3.
A (a-istrate should as$ the accused as to :hy he :ants to
ma$e a statement :hich surely shall -o a-ainst his interest in the trial" 4.
5.
The ma$er should be -ranted suHcient time for reection" #e should be assured of protection from any sort of
apprehended torture or pressure from the police in case he declines to ma$e a confessional statement"
/0
31 AI. )35 * 4,
AI. )3 Pat 5, % )3 Cr'J )/44
) 8
6.
A judicial confession not -iven voluntarily is unreliable2
more so2 :hen such a confession is retracted2 the conviction cannot be based on such retracted judicial confession" 7.
*onBcompliance of ection )15 Cr"P"C" -oes to the root of
the (a-istrate?s jurisdiction to record the confession and renders the confession un:orthy of credence" 8.
7urin- the time of reection2 the accused should be
completely out of police inuence" The judicial oHcer2 :ho is entrusted :ith the duty of recordin- confession2 must apply his judicial mind to ascertain and satisfy his conscience that the statement of the accused is not on account of any e>traneous inuence on him" 9.
At the time of recordin- the statement of the accused2 no
police or police oHcial shall be present in the open court" 10.
Confession of a coBaccused is a :ea$ type of evidence"
11.
Rsually the Court re=uires some corroboration from the
confessional statement before convictin- the accused person on such a statement"
/,
Evidentiary Value of Confession /,
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1.
A confession is substantive evidence a-ainst its ma$er2 so
that it has been duly recorded and suers from no le-al inLrmity2 it :ould suHce to convict the accused :ho made the confession2 thou-h as a matter of prudence2 the Court e>pects some corroboration
before
actin-
upon
it"
Even
then
sli-ht
corroboration :ould suHce" 2. 9ut before actin- upon a confession2 the Court must be
satisLed that it is voluntary and true" 1.
//
Voluntaries depend upon :hether there :as any threat2
inducement or promise" 2.
Its truth is to be jud-ed in the conte>t of the entire
prosecution case2B:hether it Lts into the proved facts and does not run counter to them"
/5
If these t:o conditions are satisLed2 it becomes the most portent piece of evidence a-ainst the ma$er" 1. The confession :ould not ordinarily be considered the
basic
for
conviction" #o:ever2
it is
admissible
and
conviction may also be based upon it if it is found truthful and voluntary and in a -iven case some corroboration is necessary" Confession :hich is not retracted even at the
sta-e of trial and even accepted by the accused in the statement under ibid
34 ibid
, 0
section /)/ Cr"P"C" can be fully relied upon" o2 the conviction based thereon to-ether :ith other circumstantial evidence is sustainable" 2. The accused in his statement under section /)/ Cr"P"C" or
durin-
crossBe>amination
never
su--ested
that
his
statement under section )15 Cr"P"C" is false" Alle-ation of presence of police oHcers at the time of recordin- the confession :as :ithout any material" .e=uirement of section )15F,G Cr"P"C" have been complied :ith" uch a confession statement :as Lt to be accepted"
/
irst In!ormation Report and Its Evidentiary /ale
6irst Information .eport Commonly $no:n as 6"I". is Lrst and foremost important step to set the criminal la: in motion" Thou-h the term 6"I". is no:here mentioned in the code of criminal procedure but information -iven under ection )5 of Cr"pc is popularly $no:n as 6"I"."
/1
Provision of section )5 ma$es possible that any person a:are of the commission of any co-ni!able oence may -ive information to the police and may2 thereby set the criminal la: in motion" uch information is to be -iven to the oHcer in char-e of the police station havin- jurisdiction to investi-ate the oence" The information so received shall be recorded in such
form and manner /
Ibid"
36
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as under provided in ection )5"This section is intended to ensure the ma$in- of an accurate record of the information -iven to the police"
/4
An analysis of ")5 brin-s out the follo:in- points% F)GThe information is to be -iven to an oHcer in char-e of a police station havin- jurisdiction for investi-atin- the case U")5 F)GS" F,GIf the information is -iven orally to such oHcer2 it shall be reduced to :ritin- by the oHcer himself or under his direction Us")5 F)GS" F/GThe information "if -iven in :ritin-2 or if reduced to :ritin- as aforesaid2 shall be si-ned by the Informant U")5 F)GS" F5GThe information as ta$en do:n in :ritin- shall be read over to the Informant U")5 F)GSS" FGThe substance of the information is then to be entered by the Police oHcer in a boo$ $ept by him in the prescribed form U")5 F)GS" This boo$ is called tation 7iary or +eneral 7iary F"55 of the Police Act")81)G" F1GThe informant then shall forth:ith be -iven a copy of the information as recorded in the aforesaid manner U")5 F,GS"
/8
Evidentiary Value 37 Ibid"
38 ibid
, ,
The evidentiary value of 6I. is far -reater than that of any other statement
recorded by
the
police durin-
the
course of
investi-ation" It is settled principle of la: that a 6I. is not a substantive piece of evidence2 that is to say2 it is not evidence of the facts :hich it mentions" #o:ever2 its importance as conveyin- the earliest information re-ardin- the occurrence cannot be doubted"
/3
Thou-h the 6I. is not substantive evidence2 it can be used to corroborate the informant under ")4 of the Indian Evidence Act2 )84,2 or to contradict him under ")5 of the said Act2 if the Informant is called as a :itness at the time of trial as held in case of #asib v@s tate of 9ihar"
50
Dying De#laration and its evidentiary vale "
The upreme Court in Srinder 0mar /s. State o! 1aryana has discussed the la: relatin- to the evidentiary value of a dyindeclaration and :hether such a piece of evidence can be the sole factor for convictin- an accused" The Court has referred and relied on a number of judicial precedents and summed up the le-al position as under" 9efore considerin- the acceptability of dyin- declaration2 it :ould be useful to refer the le-al position"
5)
/3 50
Ibid"
UF)34,G5CC 44/S
41
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, /
In ham han$ar Kan$aria vs" tate of (aharashtra upreme Court held as
5,
2 the
under% This is a case :here the basis of conviction of the accused is the dyindeclaration" The situation in :hich a person is on deathbed is so solemn and serene :hen he is dyin- that the -rave position in :hich he is placed2 is the reason in la: to accept veracity of his statement" It is for this reason the re=uirements of oath and crossBe>amination are dispensed :ith" 9esides2 should the dyindeclaration be e>cluded :ill result in miscarria-e of justice because the victim bein-enerally the only
it
eye:itness in a serious crime2 the e>clusion of the statement :ould leave the court :ithout a scrap of evidence" Thou-h a dyin- declaration is entitled to -reat :ei-ht2 it is :orth:hile to note that he accused has no po:er of crossBe>amination" uch a po:er is essential for elicitin- the truth as an obli-ation of oath could be" This is the reason the court also insists that the dyindeclaration should be of such a nature as to inspire full conLdence of the court in its correctness" The court has to be on -uard that the statement of deceased :as not as a result of either tutorin- or promptin- or a product of ima-ination" The court must be further satisLed that the deceased :as in a Lt state of mind after a clear opportunity to observe and identify the assailant" Once the court is
satisLed
that the
declaration
:astrue and voluntary2 undoubtedly2 it can base its conviction :ithout any furth er corroboration" It cannot be laid do:n as an absolute rule of la: that the dyin5,
F,001G )/ CC )1
, 5
declaration cannot form the sole basis of conviction unless it is corroborated" The rule re=uirin- corroboration is merely a rule of prudence"
5/
Evidentiary vale o! Arti#le sei2ed.
The police also conduct search and sei!ures" The search and sei!ures should not be unreasonable" They may be conducted by police :ith or :ithout a :arrant" In case a search is conducted on a :arrant issued by a (a-istrate it must invariably2 contain the follo:in- details% (1)
The information as to the statement of facts sho:inprobable cause that a crime has been committed"
(2)
A speciLcation of a place or places to be searched"
(3)
A reasonable time limit :ithin :hich it may be conducted" 55
The police can also conduct a search :ithout :arrant :hen it is incidental to be a la:ful arrest or :here the object of search is a mobile vehicle :hich can =uic$ly be removed out of police jurisdiction or :hen the accused has consented to it" The burden of provin- the consent 2 ho:ever lies upon the prosecution" Absence of coercion or duress is suHcient to establish that the suspect freely consented to the search"
5
43 http%@@:::"academia"edu@)0/531)@7yin-W7eclarationWB 55 WEvidentiaryWValueWTheW'a: visited on )B))B,0)/ at 4%/0 p"m Prof" Paranjape" *" V"2 Criminolo-y and Penolo-y2 7elu>e Edition ,0082 Central 'a: Publication" 45
Ibid"
,
In case the search involves interference :ith the privacy of person concerned2 the police must obtain a search :arrant from a competent court" Ordinarily2 search must be made in day time in presence of t:o independent :itnesses of the locality :ho are not connected :ith the police" An ille-al search may lead to t:o serious conse=uences2 namely2 it may either lead to a civil or criminal action a-ainst the police or it may result into ac=uittal of the accused"
51
The le-al provisions relatin- to search and sei!ures are so framed so as to maintain a balance bet:een the security of persons on the one hand and the protection to police in dischar-in- its duty properly on the other" Thus durin- the course of investi-ation the police is empo:ered to ma$e search2 order production of documents2 sei!e any suspicious property2 call :itnesses2 re=uire them to attend court and arrest persons suspected or havin- committed crime2 :ithout :arrant" After the investi-ation a police report is prepared upon :hich proceedin-s are instituted before a (a-istrate" The la: re=uires that every investi-ation should be completed :ithout undue delay" *evertheless2 delays do occur in the process of investi-ation for one reason or the other"
54
In all cases2 :here any records or articles are ta$en into
possession durin- the course of investi-ation :ithout formal search2 a proper recovery memo in prescribed form attested by t:o respectable :itnesses and the person from :hom the records or articles are ta$en possession of should invariably be 51 54
Ibid" Ibid""
, 1
prepared on the spot and each of the documents or articles should be -ot initialed and numbered by the persons producin- it and the :itnesses to preclude any chan-es or substitution"
58
Re#ords o! Sei2ed (roperty Deposited in Mal3"ana
As soon as any property is sei!ed2 the Investi-atin- OHcer should hand over the property alon- :ith a copy of the sei!ure memo to the OHcerBinBchar-e of the (al$hana :ho :ill ma$e an entry in the (al$hana ubB(odule or ei!ed Property .e-ister" Entries in the (al$hana ubB(odule or ei!ed Property .e-ister should be made chronolo-ically and blan$ spaces should not be left for enterin- subse=uent sei!ures in the case" ei!ure of cash Fincludin- trap moneyG2 je:ellery and other valuables :ill also be entered in this re-ister" In case2 entries are made in the re-ister2 the same pertainin- to the cash should be made in red in$" All such money and valuables :ill be deposited :ith the (al$hana by the Investi-atin- OHcer in the Lrst instance in sealed covers and :ill be entered in the (al$hana .e-ister by the OHcerBinB char-e of the (al$hana"
53
After that2 the sealed cover :ill be reBsealed in bi--er covers or in small bo> in the presence of r"PP or any other 'a: OHcer for safe custody in a safe@loc$er" A record of sealin- of the covers or the bo>es2 as the case may be and their contents :ill be made in
the (al$hana .e-ister and :ill be si-ned by the OHcer in char-e of the (al$hana and the r"PP or any other 'a: OHcer" Valuable 58
http%@@cbi"nic"in@aboutus@manuals@ChapterW)/"pdf visited on )B))B,0)/ at 8%/0" P"m
49
Ibid"
, 4
je:ellery and cash cash :hose identity is re=uired re=uired to be established established in the Court2 must be $ept in the loc$er of a *ationali!ed 9an$2 :hich should be hired by the 9ranch for Joint operation by the 9ranch P and the (al$hana Inchar-e of the 9ranch" The cash :hos :hose e iden identi tity ty is not not re=ui e=uirred to be esta establ blis ishe hed2 d2 shou should ld be deposited in the *ationali!ed 9an$ in a Current Account operable jointly by the P of the 9ranch and the (al$hana (al$hana Inchar-e and a remar$ to the said eect must be made a-ainst the relevant entries in the (al$hana .e-ister@ubB(odule of C.I(E for ready refer eferen ence ce and and furt furthe herr nece necess ssar ary y acti action on for for disp dispos osal al of the the properties so sei!ed by C9I"
0
.ecord of sei!ed property shall be maintained in the (al$hana ubB(odule of C.I(E or in the prescribed form in all the C9I 9ranch 9ranches" es" 7ata 7ata entry entry in (a (al$h l$hana ana ubB( ubB(od odul ule e in the Crimes Crimes (odule shall be made by the (al$hana inchar-e on realBtime basis" This (odule must be actively utili!ed by the 9ranch for dayBtoBday handlin- of documents@material objects $ept in the (al$hana" This record :ill be maintained year :ise" It :ill sho: the items carried over from the previous year in the (al$hana"
)
The OHcerBinBchar OHcerBinBchar-e -e of the (al$hana (al$hana shall place the ei!ed Prop Propert erty y .e-iste e-isterr befor before e the uper uperin inten tende dent nt of Polic Police e of the 9ranch once in t:o months for his chec$ and inspection" The uperintendent of Police should chec$ the sealed covers or bo>es
containin- sei!ed money or valuables once in a month at least" The OHcerBinBchar OHcerBinBchar-e -e of the (al$hana (al$hana shall prepare prepare a monthly statement of 0
Ibid"
51
Ibid"
, 8
sei!ed property pendin- in the (al$hana at the end of the month throu-h (al$hana ubB(odule of C.I(E"
,
The 'a: OHcer loo$in- after the (al$hana (al$hana should scrutini!e it and and issu issue e
nece necess ssar ary y dir directi ection ons" s" #e shal shalll cou counter ntersi si-n -n the the
statement after satisfyin- himself that all the properties entered in the record are available and no unBrecorded property has been $ept in the (al$hana" #e :ill ta$e rectiLcation steps in case any discrepancy discrepancy is noticed" #e is also re=uired to carry out a detailed inspection every three months" #e may also carry out additional surprise inspections" In addition2 the P of the 9ranch should physically chec$ the (al$hana in January and July each year to ensure that the properties in the (al$hana are available as per the (al$hana (odule or .e-ister"
/
Items or documents $ept in the (al$hana may be re=uired durinthe course course of inve investi sti-at -ation ion or trial trial and and hence hence these may may be issued to the 'a: OHcer and Investi-atin- OHcer handlin- the trial case" A provision has been made for such issue and receipt in (a (al$ l$ha han na ubB ubB (o (odu dule le"" Any Any item item22 so re=ui e=uirred2 ed2 may be temporarily issued only after ma$in- the necessary data entries in the said (odule" imilar entries :ould be made once these are recei eceive ved d bac$ bac$""
:or$in-2 a Temporary Issue .e-ister in the follo:in- form :ill be maintained for $eepin- a record of items issued to the 'a: ,
Ibid"
53
Ibid"
, 3
OHcer and investi-atin- OHcer handlin- the case" The status of temporarily issued items :ill be revie:ed every month by the 'a: OHcerBinBchar-e of the (ala$hana" In case2 it is felt that a document@item has been pendin- :ith an OHcer for a lon- time2 he may be as$ed to return the same" The 9ranch P may also e>ercise necessary supervision in this re-ard by revie:in- such temporarily issued items at least once a month and ta$e steps to -et these documents@ items bac$ if these are no lon-er re=uired by the concerned OHcerFsG"
5
In case the property is produced in the Court or before an En=uiry OHcer conductin- 7epartmental en=uiry as an e>hibit2 the 'a: OHcer@Presentin- OHcer concerned should send a report to the (al$hana Inchar-e" imilarly2 in cases :here property has been -iven to the IOs for bein- returned to the parties concerned2 the IOs should submit the ac$no:led-ment of the party concerned before the (al$hana Inchar-e at the earliest" If for some reasons2 the property could not be returned to the party2 it should be promptly returned to the (al$hana Inchar-e" The return of property to the concerned parties :ill be monitored by the 'a: OHcerB inBchar-e of the (al$hana on every fortni-ht" The records of properties ta$en out of (al$hana :ould be maintained throu-h a prescribed invoice -enerated
throu-h (al$hana ubB(odule or in a printed proB
5
Ibid"
/ 0
forma to be maintained in triplicate" The 'a: OHcerBinBchar-e of (al$hana and sP should ensure that these invoices are used for transmittin- property"
Inspe#tion o! Do#ments
could
dama-e
or destroy
the
documents"
Rnder
no
circumstances he should be permitted to carry any match stic$s2 ci-arette li-hters2 in$ or ball point pens etc" #e may be permitted only to carry :hite papers and pencils for ma$in- notes if they so desire"
The
OHcerBinBchar-e of (al$hana supervisin-
the
inspection should maintain a re-ister in :hich details of the orders for inspection of document2 and description of documents :hose inspection has been permitted should be
Ibid"
/ )
entered" This re-ister :ill be seen and si-ned by the 'a: OHcerB inBchar-e of the (al$hana or the P of the 9ranch"
1
The OHcerBinBchar-e of the (al$hana in each 9ranch :ill be responsible for the security of the articles $ept therein" #e may be provided :ith the assistance of an Armed +uard2 :herever feasible and necessary" The uperintendent of Police should pay fre=uent visits to the (al$hana to ensure that necessary precautions a-ainst Lre2 :ater seepa-e or any other dama-e to articles are ta$en"
4
8
Orders o! Corts to $e o$tained regarding sei2ed (roperty
All properties sei!ed durin- investi-ation under the provisions of
the Cr"P"C" should invariably be for:arded to the Court in order to obtain orders under 1 4
Ibid"
Ibid"
58 Ibid"
/ ,
ection 54 Cr"P"C" for their custody durin- the pendency of the case" *o case property relevant to the trial should be retained by C9I after the trial of the case has commenced unless it has been so ordered by the Court of competent jurisdiction"
3
File of Seizure Memos
A complete Lle of photocopies of sei!ure memos should be maintained for the purpose of chec$in- the ei!ed Property .e-ister" The number and date of sei!ure in connection :ith a case should be entered in the Crime .e-ister in red in$" These memos and the ei!ed Property .e-ister should be e>amined by the enior Public Prosecutor of the 9ranch durin- his biBmonthly inspection of the (al$hana"
10
Disposal of Properties
The return of property to parties concerned should be done throu-h proper invoices :ith supportin- entries in the (al$hana .e-ister of the Invoice *o" +"7" particulars" Properties relatinto cases recommended for suitable action may be disposed of after -ivin- information to the 7epartment concerned as mentioned in the chapter pertainin- to the Preliminary En=uiry"
As re-ards property relatin- to disciplinary cases in :hich the punishment imposed is 3
Ibid"
60
Ibid"
/ /
re-arded as ade=uate2 action may be ta$en to dispose of the property after ascertainin- from the 7epartment that no appeal has been Lled by the 7elin=uent OHcer a-ainst the punishment a:arded" In case an appeal is Lled the property :ill be disposed of after the appeal is decided"
1)
7elay in the disposal of properties in cases :hich have been closed should be avoided and the uperintendent of Police should ensure that such properties are disposed of :ithin ) days after the Lnal orders are passed by the Court on the Closure .eport"
1,
The enior PP or PP must invariably inspect the (al$hana every three months and record an inspection note :hich should be seen by the uperintendent of Police :ho may -ive suitable directions to them and@or to the (al$hana Inchar-e on the lines mentioned above"
1/
1)
Ibid" 1,
Ibi d"
63 Ibid"
/ 5
Conclusion
The procedure as laid do:n in the Criminal Procedure Code that ma$es the statements made by a person to a police oHcer in the course of investi-ation inadmissible in the Court of 'a: is a commandable and applaudable step@procedural safe-uard" If this safe-uard :as not installed in the Criminal Procedure Code than the Police in their over!ealous nature :ould have tormented the accused inmates to e>tract confessions and admissions :hich they :ould :ithout the coercion never admit to" o also the value
-iven
to
other
statements
li$e
confessions2
dyin-
declarations2 6"I". is a appreciable step"
The le-al provisions relatin- to search and sei!ures are so framed so as to maintain a balance bet:een the security of persons on the one hand and the protection to police in dischar-in- its duty properly on the other" The po:ers -iven to the police to conduct searches and to sei!e articles :hich they feel are needed to prove the fault of the accused is an important po:er in the arsenal of the police" This po:er if ri-htly used can help the police to e>pose various crimes :hich sometime occur beyond the safety of houses" /
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