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0

Project

In

The subject of

Administration of Criminal Justice

On the topic of

Evidentiary Value of tatements and Articles sei!ed in

Administration of Criminal Justice"

Adish V" #alarn$ar

Class% econd &ear''"(



)

r" *o" TIT'E P+" *O"

)" Introduction ,

," 'e-al .e-ime /

/"

'e-al provisions re-ardin- evidentiaryvalue

of the statement recorded by thepolice in

the course of investi-ation undersection )1,

of the Code of Criminal Procedure2)34/"

5"

Evidentiary value of statements madedurin- ),

the period of investi-ation but notdurin- the

course of investi-ation

" Evidentiary value of Confessions )/

1"

6irst Information .eport and ItsEvidentiary ,0

Value

4"

7yin- 7eclaration and its evidentiaryvalue" ,,

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 tellin-

police :hat they $no: about a crime" )

The act or process of statin- or presentin- orally or on paper" ,

Examples:

1. The police too$ the :itness;s statement "

2. <e have a si-ned 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 jud-e holds a hearin- to decide :hether or not a

particular piece of evidence is admissible at trial2 that

hearin- mi-ht be called an evidentiary hearin-"/

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http://www.merriam-webster.com/dictionary/stating









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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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4 by Apil Khanal Evidentiary value of statement recorded by the policein the course of

investi-ation

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http://www.shareyouressays.com/119416/evidentiary-value-of-the-statement-recorded-by-the-police-in-the-course-of-investigation-section-162-of-crpc












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 havin-

re-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

ibid

6ibid









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" 8

'ist of stolen articles2 search list2 in=uest report2 map2

identiLcation of persons2 identiLcation of articles2 identiLcation of

places2 conduct2 tapeBrecordin- are not









4ibid

8ibid



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)<hether reduced into :ritin- or not"

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)0ibid



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-atin-

oHcers durin- the course of investi-ation" )/

MAny part of such statement? :hich has been reduced to :ritin-

may 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 inCourts

(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

)/ibid

14ibid



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 periodo! investigation $t

not dring t"e #orse o! investigation- The restrictions

imposed on the use

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 contradictin-

purposes accordin- to the normal rules of evidence contained in

ections )4 and )5 of the Evidence Act" ,0 <here a person

: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" ,,

20 ibid

,)ibid

22

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* <A(I v" E(PE.O.,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" ,

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)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








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27 AI. )311 "C" 50



)

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

S and is

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)4

limited to the period before the in=uiry or trial U.amsaran2 /0

.ishi v" tate of 9ihar /)

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 proceedin-

from 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. The ma$er should be -ranted suHcient time for reection"

5. #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"









/0AI. )35 * 4,

31 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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)3

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 portentpiece 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

34ibid



,0

section /)/ Cr"P"C" can be fully relied upon" o2 theconviction 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"

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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 Value37Ibid"

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 dyin-

declaration 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)





http://stpl-india.in/SCJFiles/2011_STPL(Web)_926_SC.pdf





http://stpl-india.in/SCJFiles/2011_STPL(Web)_926_SC.pdf




/3Ibid"

50UF)34,G5CC 44/S

41 http%@@:::"academia"edu@)0/531)@7yin-W7eclarationWB

WEvidentiaryWValueWTheW'a: visited on )5B))B,0)/ at 8%/0 p"m



,/

In ham han$ar Kan$aria vs" tate of (aharashtra 5,

2 theupreme Court held as

under% This is a case :here the basis of conviction of theaccused is the dyin-

declaration" 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 dyin- declaration be e>cluded it

:ill result in miscarria-e of justice because the victim bein--enerally the only

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 dyin-

declaration 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 dyin-

5, 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:in-

probable 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 WEvidentiaryWValueWTheW'a: visited on )B))B,0)/ at 4%/0 p"m55 Prof" Paranjape" *" V"2 Criminolo-y and Penolo-y2 7elu>e Edition ,0082Central '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 Ibid"54Ibid""



,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-ister2the 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

58http%@@cbi"nic"in@aboutus@manuals@ChapterW)/"pdf visited on )B))B,0)/at 8%/0" P"m

49 Ibid"



,4

je:ellery and cash :hose identity is re=uired to be 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

:hose identity is not re=uired to be established2 should be

deposited in the *ationali!ed 9an$ in a Current Account operable

jointly by the P of the 9ranch and the (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

reference and further necessary action for disposal of 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

9ranches" 7ata entry in (al$hana ubB(odule in the 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-e of the (al$hana shall place the ei!ed

Property .e-ister before the uperintendent of Police 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-e of the (al$hana shall prepare a monthly

statement of

0Ibid" 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 should scrutini!e it

and issue necessary directions" #e shall countersi-n 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 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 durin-

the course of investi-ation or trial and hence these 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 (al$hana ubB (odule" Any item2 so re=uired2 may be

temporarily issued only after ma$in- the necessary data entries

in the said (odule" imilar entries :ould be made once these are

received bac$" <henever the (al$hana ubB(odule is not









: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" 53Ibid"



,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

<henever inspection of documents $ept in the (al$hana is

permitted by a Court2 the 'a: OHcerBinBchar-e of (al$hana or

the P of the 9ranch should ma$e an OHcer responsible for

supervisin- such inspection" uch desi-nated OHcer shall be

responsible for ensurin- safety of all the documents" In important

cases2 even t:o or more OHcers could be nominated for bein-

present at the time of inspection" Persons conductin- inspection

should be searched and not allo:ed to carry anythin- by :hich

he 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

<henever a ne: OHcer ta$es char-e of the (al$hana or is

made temporary inchar-e in case of (al$hana Inchar-e -oin- on

leave or duty2 he should chec$ each item and submit a certiLcate

to that eect2 to the Inchar-e 'a: OHcer after due chec$in- and

veriLcation" In case2 any discrepancy or shorta-e is noted2 the

same should be brou-ht to the notice of 'a: OHcerBIn char-e of

(al$hana and the P of the 9ranch" 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

1Ibid"

4Ibid"

58Ibid"



/,

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 relatin-

to 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 is3

Ibid"60Ibid"



//

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,

Ibid"

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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