Robbery is an aggravated form of theft or extortion with the element of violence of imminent fear. Robbery, if committed by five or more persons, becomes dacoity.

ROBBERY AND DACOITY

Robbery:

1397. (1) Robbery is an aggravated form of theft or extortion with the element of violence of imminent fear. Robbery, if committed by five or more persons, becomes dacoity.

(2) Theft is '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 cases of robbery require 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. 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.

(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.

PREVENTIVE MEASURES

(5) People should be advised to avoid unnecessary exhibition of their jewellery on their person, ii) to be watchful about suspicious movements of persons nearer coming 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 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 depicting the precautionary measures to be taken.

DACOITY

1398. When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons 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'.

1399. Robberies and dacoities can broadly be classified as those committed in (1) fields, (2) houses, (3) highways and (4) running trains.

1400. In nearly all such cases, criminals are armed and when victims protest or resist, force is used.

1401. 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 number 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.

1402. In instances where the complaint is made to the Dalapathi of the Village Defence Party and it does not contain all or any of the particulars mentioned in the preceding order or where the informant could not furnish all these details to the Police when making the first report, the Investigating Officer should ascertain the necessary particulars from the witnesses and record them in the case diary at the earliest opportunity.

1403. (1) After recording the complaint in the First Information Report form, the Station House Officer should despatch express reports to all the authorities mentioned in Order 1216.

(2) It is important that such information should be disseminated to all the neighbouring stations and the District Crime Record Bureau by the quickest means available so that those stations can also take immediate action and the District 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 visit 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 organised 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. Arrangements should be made to check all the vehicles and their inmates on the highways and other roads moving out of the station limits.

(8) Information regarding movement of nomadic groups such as duck breeders, sellers of chandeliers and other articles of interior decoration who are a moving group should be collected if they are seen camping in the limits. They should be thoroughly interrogated and their movements monitored.

(9) Information about the occurrence should be circulated to all the VDP members of 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.

1404. 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 Dhabas or hotels 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 neighbourhood watch committees in the affected areas and involve active citizens;

(10) may instal alarm or siren system wherever found feasible;

(11) activise Village Defence Party if they are functional;

(12) check moving gangs;

(13) check previous offenders involved in serious HBTs, robberies and dacoities;

(14) DSP DCRB in the districts/DCP Crime in other Commissionerates should be made the Nodal officers to keep in close touch with neighbouring districts/States;

(15) the local police should prepare an Action Plan at district level, sub-division 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 mobilise the force deployed for prevention of dacoities;

(16) 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 such as thick plantation of mango or coconut groves, sugarcane fields assisted by dog squads and suitable equipments in terms of proper footwear and torches etc.

1405. The following preventive and other measures may be considered with reference to the occurrence of dacoity;

(1) On the vulnerable routes during night time convoy of vehicles may be escorted by Armed policemen wherever necessary;

(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 communicated quickly to those places 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 and impress 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.

HOUSE-BREAKING

1406. (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 also 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.

1407. 1) 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 (eg) fair, festival or any special occasion for a gathering, dark-night);

(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 valuable 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 to guard against surprise, 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.

(2) 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) heights of the hole from the ground, outside and inside;

(e) exact measurements of the hole, outside and inside;

(f) thickness of the wall where hole was made;

(g) side to which excavated earth was thrown;

(h) details of marks left by the instrument used and inference drawn therefrom as to the nature of the instrument; and

(i) whether the room in which the hole was made was occupied or not at the time.

(3) If admittance was obtained by lock-breaking or lock-opening, the following points should be noted:

(a) type of lock broken;

(b) if opened by key, any indication as to whether the key used was the original or false key and, if the former, how accused obtained possession of it;

(c) If lock was broken, (i) give particulars of marks on it and inference drawn therefrom as to the instrument used and (ii) state if lock is still in working order; and

(d) if the lock is in-tact and hasp or chain wrenched out, state the type of instrument that appears to have been used.

(4) If admittance was obtained by means of a hole in the roof, the following points should be noted:

(a) whether the house is a terraced one or has a tiled or thatched roof;

(b) any indication as to how the accused ascended the roof;

(c) position of the hole, e.g., whether adjoining a beam or in one corner;

(d) whether the room beneath was occupied or not;

(e) whether property was removed from the room above which hole was made;

(f) means employed by the accused to descend into the room below;

(g) how tiles, thatch and such materials removed were disposed of and precautions adopted by the accused to prevent them from falling into room below; and

(h) any other matters of importance requiring special mention.

(5) If admittance was obtained by any other method than those mentioned above, the following points should be noted:

(a) how admittance was gained;

(b) if admittance was gained through windows or ventilators, give particulars to indicate how bars were forced or glasses broken and means adopted by the accused for preventing noise;

(c) If the culprit scaled the wall, (i) state the means employed, e.g., ladder, bamboo or drain pipe and (ii) give particulars of marks, if any, left on the wall;

(d) If admittance was gained through a threshold hole give the height of the basement, its relation to the door and furnish details as in Sub-Order (2) above; and

(e) in cases of admittance obtained by deceitful means or force, give details as ascertained during investigation.

(6) In the case of house-breakings by day, the following points should also be noted:-

(a) Time and place of occurrence;

(b) state the whereabouts of the occupants at the time the offence was committed; and

(c) Duration of the absence by the inmates;

(d) Are 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.

1408. 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) In town and cities apart from questioning the modus operandi criminals, the movement of the rag pickers should be watched;

Should such enquiries 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

1409. (1) Theft of Motor cycles and other motor vehicles are prevalent in cities and towns. Normally theft occurs from the parking lot and from the places where the vehicles are left unprotected.

Broadly, motor vehicles are committed theft of for

a) Joy ride: mislead 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 vehicles are abandoned intact after the purpose for which the vehicle was stolen was served.

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 offences. On stealing the motor vehicles, they are taken to a garage and immediately the color 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 neighboring states for sale. Two wheelers are normally disposed off locally or at rural places where checking by police is not so rigid.

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.

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) when the motor vehicle is left at a parking lot for a longer period the care-taker should be informed about this.

c) Adequate extra locking facility is to be provided.

d) Alarms may also be fitted to the motor vehicles.

(2 ) When ever 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. 

(3) The SHO should maintain a list of a) MV offenders who had earlier operated in their PS limits, neighboring 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.

(4) 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.

(5) 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 marking 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.

(6) Information should also be furnished to the concerned Regional Transport Office to maintain a track for the stolen vehicle particularly when some one applies for the change of ownership.

CYCLE THEFTS

1410. (1) Cycle thefts are prevalent in cities and big towns and are generally committed during busy hours at hostels, cinemas, post Officers, 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 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 often dismantled and fitted with parts belonging to other cycles before they are disposed of by thieves or receivers. 

(2) As a preventive measure, bicycle 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 traps 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.

POCKET-PICKING 

1411. (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. Picket-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 decamp 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 crowd 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) The following are a few among other points to be noted in a case of pocket picking :-

(a) means employed by the culprit, i.e., scissors, knife or a razor blade or merely by hand;

(b) 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;

(c) position of other pockets and their contents which were not touched;

(d) means adopted to distract the victim;

(e) reasons, if any, for believing that the culprit operated singly or had associates.

CASES INVOLVING USE OF FIRE-ARMS

1412. 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.

1413. Instructions regarding use of scientific aids for investigation into fire arm cases have been detailed in Order 1519. Every Investigating Officer should be thorough with those details.

1414. 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 the 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 cartridge 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 powder 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.

COUNTERFEIT COINS

COUNTERFEIT COINS :

1415. (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 imitation 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, procelain 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 COD.

(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 the COD 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.

FORGED CURRENCY NOTES

1416. (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 blocks, 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 openion.

(6) 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.

(7) 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.

(8) 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.

REPORTS TO CURRENCY OFFICER

1417. (1) In every instance a report should be sent to the Currency Officer, Bangalore, immediately on the appearance of a forged note, whether the forgery be new or old. The report should give the following particulars.

(i) series, number of notes and circles; 

(ii) denomination and value; 

(iii) from whom and under what circumstances received and date of receipt;

(iv) designation of officer receiving the note; 

(v) reasons for not registering a case, if a case has not been registered; and

(vi) any other particulars including whether process made, handmade, altered, etc.

(2) The note seized should be sent to the Currency Officer by the investigating officer of the COD along with the report, except when the note is required for investigation, in which case the note should be forwarded to the Currency Officer after the investigation and disposal of the case with a copy of the judgment or final report, as the case may be, quoting the number and date of the original report sent to him. 

FRAUD AND FORGERY

1418. I. (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 dimensions 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 they 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 instalments 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 fake 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 realise 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 they issue or through the complaints made by the victims.

6) Land deal is another area of cheating where organised 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 have always have the support of the rowdy and goonda elements. Police have to be vigilant and assist the concerned department in tackling this problem by identifying the culprits and taking action against them.

7) (i) The copyright enforcement is the 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 use computers, computer system, 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 authorisation or committing theft. Though this class of crime have not yet taken roots, this is going to be the future crime which will have to be given at most 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) 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.

II 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 expenses 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 or 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.

POISONS AND POISONING

1419. (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 in India for Criminal Purposes:

ARSENIC AND ARSENIC COMPOUNDS:

1420. (1) They are practically tasteless and odourless and can, therefore, be administered without arousing suspicion, if mixed in a suitable vehicle. Its effects are not immediate and the symptoms produced are often most deceptively similar to those produced by gastrointestinal disease.

SODIUM NITRITE

(2) (a) It is a white salt used by weavers in the dyeing of clothes in villages and is sold without restriction.

(b)The symptoms are giddiness, headache, nausea, vomiting, diarrhoea, muscular weakness, breathlessness, unconsciousness with convulsions and death.

OPIUM

(3) (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 destroy 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

(4) 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

When a Police Officer has to decide 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.

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.

1421. 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. 

1422. There are, however, exceptions to these guides and in all cases, the local Medical Officer should be consulted.

1423. 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 utilised.

(5) Ascertain:

(a) How long after the taking of food, drink or medicine the symptoms appeared;

(b) Whether the symptoms were intermittent or increasing steadily; and

(c) 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. White 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 cases 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 despatch 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.

Every Police Officer should make himself familiar with Order 1395.

OFFENCES AGAINST ANIMALS

1424. 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

1425. 1) 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 commensurate with the financial status of the families concerned.

2) 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

1426. (1) 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.

(2) 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.

(3) 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.

(4) When coitus is forced on a woman against her 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.

5) 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.

1427. 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.

1428. 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.

1429. 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, if so, by whom;

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 with 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 pubic 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 pubic 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.

1430. The determination of blood groups may prove to be of invaluable help in the detection of rape cases.

UNNATURAL SEXUAL OFFENCES

1431. (1) 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.

1432. 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 a few eunuchs who are fond of appearing in women's costume, and ostensibly live by singing, but habitually trade in sodomy as passive agents.

1433. 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, not 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.

1434. 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 face, 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.

1435. 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 despatched to the Chemical Examiner for analysis and report.

GANG AND CONSPIRACY CASES

GANG CASES

1436. (1) 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 free the Station House Officer for the ordinary duties.

(2) The evidence of an approver on the activities of the gang is often the basis of prosecution in gang cases. But it is seldom advisable to grant a pardon to the ring leader or organiser 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 triable 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 trial of the offence, and the Magistrate of the first class inquiring into or trying the offence at any stage of the inquiry or trial.

(3) 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.

(4) The essential points to be proved in a gang case are:

(i) that the persons proceeded against have associated themselves to form a gang(not necessarily a wandering gang) and

(ii) that the object of the association was the habitual commission of dacoities, robberies or thefts, as the case may be.

(b)The essence of the offence is criminal association apart from any specific offence committed in pursuance of such association.

(c) 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 cases.

(5) 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.

(6) 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

1437. 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 (under section 120 B IPC). 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 beaware 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.

1438. The authority for dealing with conspirators for illegal acts committed in furtherance of the common object is provided 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 149 of the I.P.C. Section 35 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 acts 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. provide 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.

1439. (1) 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.

(2) 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, the charge under Section 120-B of the I.P.C. should not be added as a routine measure.

ROAD ACCIDENT CASES

1440. (1) 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, prepare a report in Form No. 148 in duplicate and forward the original without delay to the Superintendent through the usual channel, the duplicate being retained in the station.

(2) As soon as a report in Form No. 148 is received in the District Police Office, the details will be recorded in a separate register in Form No. 149.

(3) From this register, a monthly return shall be prepared by each Superintendent in Form No. 149 and sent to the Commissioner for Transport, Bangalore, the Regional Transport Officer and the District Magistrate and to the Director General.

(4) The Superintendents shall send an annual in Form No. 150 to the Director-General who shall send a consolidated annual report to the Government.

(5) Superintendent should include in his administration report an analysis of the causes of the road accidents in his jurisdiction in the year.

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.

The instructions contained in Sub-Orders (1) to (5) of Order No. 1437 will mutatis mutandis apply to Bangalore City Police.

1441. Investigation will comprise of examination:

(i) At the scene 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:

1442. (1) 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.

(2) 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.

(3) 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. 

EXAMINATION OF INJURED PERSON OR DEAD BODY:

1443. )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 on the person or his clothing.

(3) Take samples of blood and urine of the deceased, if any.

(4) Take sample of hair from the head of the deceased, if any,

(5) Take out any foreign matter found on clothing and note loss of buttons and signs of tears, etc.

(6) Preserve clothing of the deceased or injured.

(7) 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.

EXAMINATION OF SUSPECTED VEHICLE

1444. (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 be 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, etc. should be scraped and collected. Hairs and fibres 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

1445. The Driver of the vehicle should be examined for drunkenness, disease or any bodily infirmity which affects his driving.

FIRE ACCIDENT CASES

1446. (1) A spontaneous combustion or a suspected incendiarism may be the origin of fire.

(2) Before commencing an investigation -

(a) 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.

d) the manner of distribution of inflammable materials in the premises may suggest the seat of fire ;

e) the detailed examination of the damage caused to the structure of the building may be useful in locating the point of origin;

f) the place where the fire was most intense might indicate that the place was the seat of fire;

g) the removal of debris may give an indication as to the seat of fire ;

h) 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 community, 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's 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.

1447. 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.

1448. 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, fibres 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.

1449. 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.

yl�}�om�,��*variant: normal; font-weight: normal; letter-spacing: normal; orphans: 2; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-size-adjust: auto; -webkit-text-stroke-width: 0px; background-color: rgb(255, 255, 255); ">EXAMINATION OF SUSPECTED VEHICLE

1444. (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 be 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, etc. should be scraped and collected. Hairs and fibres 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

1445. The Driver of the vehicle should be examined for drunkenness, disease or any bodily infirmity which affects his driving.

FIRE ACCIDENT CASES

1446. (1) A spontaneous combustion or a suspected incendiarism may be the origin of fire.

(2) Before commencing an investigation -

(a) 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.

d) the manner of distribution of inflammable materials in the premises may suggest the seat of fire ;

e) the detailed examination of the damage caused to the structure of the building may be useful in locating the point of origin;

f) the place where the fire was most intense might indicate that the place was the seat of fire;

g) the removal of debris may give an indication as to the seat of fire ;

h) 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 community, 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's 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.

1447. 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.

1448. 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, fibres 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.

1449. 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.