INTERNAL ASSIGNMENT II

SEMESTER V
THE CODE OF CRIMINAL
PROCEDURE

NAME: BEE BEE ZAINAB

PRN: 16010126466
CLASS/DIVISION: IIIRD YEAR/E
WORD COUNT: 1800
Question 1:

What is an FIR? Critically analyse and comment upon the investigation conducted by
the police in the present instance in light of the relevant provisions of CRPC.

First Information Report

FIR is the First Information Report about a cognizable offence (offence with more than 3
years imprisonment punishment). Every case can have only one FIR, sometimes two or more
complaints might be recorded for a single offence. In such cases, the statement which is first
in the point of time is termed as FIR.

It must have following points covered in the statement like What offence was committed,
Where was is it committed, When was it committed, by whom it was committed, In what way
it was committed, In case of body offence, Who was injured/dead? In case of property
offence, what property was stolen?

The FIR can be registered at any police station. The officer cannot refuse to record the
complaint. If it is not from his jurisdiction, he has to forward it to the concerned Police
station for further Investigation.

It is registered as per the provision of Section 154 Criminal Procedure Code, which entitles
the complainant for the free copy of the FIR immediately. If the complaint is oral, the officer
has to reduce it into writing. A copy of the FIR is also submitted in the local court having the
jurisdiction within 24hrs of registration.

Police Investigation in the Present Case

Police plays a crucial role in combating crime, preserving peace, maintaining public order.
They basically play a dual role while maintaining law and order of any state.

“Investigation”, according to the Code, includes all proceedings under it for the collection of
evidence conducted by a police officer or by any person (other than a Magistrate) who is
authorized by a Magistrate in this behalf. [Section 2 (h)]

Investigation consists of steps taken by a police officer other than a Magistrate to ascertain
whether any offence has been committed at all and, if so, by whom and what is the evidence
on which the prosecution can be based. Investigation can also be made by a person specially
authorized by a Magistrate to do so. The case is only started if investigation by the police
reveals that an offence has been committed by the accused, otherwise not.

Here in the present case, the investigation began when the missing complaint was filed by
Kamini’s husband. The Police investigated the family members and later it extended towards
Priya Kapoor i.e. the secretary of Mrs. Kamini who handed over important documents and
there was also the money transaction receipts of Kamini and Accused No.1 which created a
suspicion and hence the police learnt that it could be a case of murder leading to enquire
Aloknath. He gave all the required statements which was recorded in the magistrate.

The concept of ‘Principles of Natural Justice (PNJ)’ contains the following two core points

1. Nemo in propria causa judex, esse debet i.e., no one should be made a judge in
his/her own case, or the rule against bias.

2. Audi alteram partem i.e., hear the other party, or the rule of fair hearing, or the rule
that no one should be condemned unheard.

No system of law can survive without these two basic pillars. PNJ is considered as basic
human rights because it attempts to bring justice to the parties naturally. Violation of PNJ is
tantamount to violation of Article 14 of Constitution of India i.e., equality before law.

Thus, the procedure in Article 21 “must be right, just and fair” and not arbitrary, fanciful or
oppressive, otherwise, it would be no procedure at all and the requirement of Art. 21 would
not be satisfied.1

Therefore, Jai Singhania was the investigating officer who forced Accused No.3 (Aloknath)
which is against the principle of natural justice as explained above.

Question 2:

What is the evidence on record in the present case? Comment upon the significance of
the evidence so collected by the police during the investigation highlighting its role
during the trial.

1
Maneka Gandhi v UOI
Evidence, thus defined, is not the only medium of proof; in addition to it, there are a number
of other matters like the demeanour of a witness, which the Court has to take into
consideration when forming its conclusion. The definition of ‘evidence’ has to be read with
word “proved” when determining what ‘evidence’ within the Act. The confession of an
accused person is not evidence in the ordinary sense of the term, as defined in this section,
though it has to be given due consideration in deciding a case.

Similarly, the confession of a co-accused has to be regarded as amounting to evidence in a

general way, because whatever is considered by the Court is evidence; circumstances which
are considered by the Court as well as probabilities do amount to evidence in that generic
sense. Thus, though confession may be regarded as evidence in that generic sense, the fact
remains that it is not evidence as defined by S. 3 of the Actin Haricharan Kurmiv. State of
Bihar.2

The evidence on record mainly includes : Inquest panchnama, Post Mortem Report,
Statement of Witnesses and Video Clipping recorded by Shyam Patil.

 Under inquest panchnama which is important aspect for the trial as that is when the
police came to know about the dead body of Mrs. Kamini which was buried by
accused no.1, no.2, and no.3. The inquest panchnama was prepared on spot and two
locals Mr. Omkar Gaitonde and Mr. Sanam Patil were the Panch witnesses for the
purpose of inquest panchnama. At the time of the trial the investigation done by the
police is recorded in the inquest panchnama and will make a clear picture as in how
well the police has investigated in the particular case.

 In the post mortem report it was found that the body is of a female between the ages
of 30-40 and is died an unnatural death. There were two wounds on the body.
Wound no. 1 is a fracture to the hyoid bone and thyroid cartilage. The wound is
located on the neck. Wound no. 2 is a hairline fracture on the tibia (Medial
Malleoulus) of the left ankle. It is a minor stress fracture. There is formation of new
tissue around the wound, indicating that it is an old injury. Wound no. 1 is caused by
unnatural causes whereas Wound no. 2 is natural. Wound no. 1 is caused due to an
external force or pressure upon the neck. Even though there are multiple injuries on
the body, only the fracture of the hyoid bone and thyroid cartilage was lethal enough

2
A.I.R. 1964 S. C. 1184
 to cause death. The cause of death to was asphyxia due to strangulation. The report is
very important for the trial because it contains all the reasons due to which the death
of the victim has been caused.

 There were mainly two evidences brought forward by the Defense in the form of two
witnesses, Mr. Ravi Salunkhe, Head Constable and Mr. Shyam Patil, Tea delivery boy
and the video recorded by Shyam Patil, of the Investigating Officer Jai Singahnia,
using unethical and illegal methods of interrogation to coercing the witness (Aloknath
Kale) to give a statement. The statements given by these two witnesses along with the
video clipping completely annulled the case of the prosecution. The very confession
made by the accused, Aloknath Kale was questioned by the court, stating that the
confession made by Mr. Kale was not a voluntary confession but it was obtained
through coercion and force by Mr. Jai Singhania, Investigating Officer by resorting to
illegal methods of interrogation.

Question 3:

Critically analyse the arrest of the accused in the present case in light of the relevant
provisions of CRPC.

In Indian Criminal procedural law, CrPc 1973, chapter V (Section 41 to 60) talks about
Arrest of a person but ironically has not defined arrest anywhere. Then what is “Arrest”?
Arrest means the apprehension of a person by legal authority resulting in deprivation of his
liberty. An arrest consists of taking into custody of another person’s authority empowered by
law for the purpose of holding or detaining him to answer a criminal charge and preventing
the commission of the criminal offense. In Criminal Law, there is a principle that
“Presumption of innocence unless proven guilty”. So, an arrest of a person doesn’t make him
guilty. He has a right to be treated with ‘humanity, dignity and respect’.

In this case the police officers dependent on Aloknath and some evidences. Later went to
arrest the Mathur Couple, there was no reasonable complaint which had been lodged against
them or any credible information which has been received which makes it a mandatory arrest.
In the case of State vs. Bhera3 1997, it was held that the reasonable suspicion and creditable

3
1997 CriLJ 1237
information must relate to define averments which must be considered by the PO himself
before he could arrest any person. CRPC provides wide powers to the police for arresting a
person. Such powers have been provided with the proper safeguards otherwise it will be
harmful for the society.

It would be prudent for a Police Officer in the interest of protection of the constitutional
rights of a citizen and perhaps in his own interest that no arrest should be made without a
reasonable satisfaction reached after some 11 investigation as to the genuineness and bona
fides of a complaint and a reasonable belief both as to the person’s complicity and even so as
to the need to effect arrest. Denying a person of his liberty is a serious matter. The
recommendations of the Police Commission merely reflect the constitutional concomitants of
the fundamental right to personal liberty and freedom.

Although, there have been many safeguards provided by the code and Constitution of India as
mentioned above but the fact remain that the power of arrest is being wrongly and illegally
used in large no. of cases all over the country. An arrest has a diminishing and demoralizing
effect on the personality. He is outraged, alienated and becomes hostile. But there needs to be
a balance between security of the state on one hand and individual freedom on the other hand.
There need to be some checks on this power and more awareness needs to be created among
the people about their rights so that balanced system can be formed.
BIBLIOGRAPHY:

Books:

 The Code Of Criminal Procedure by Ratanlal & Dhirajlal

 The Code Of Criminal Procedure,1973 (bare act)

Websites:

 http://www.manupatra.co.in/
 www.scconline
 https://indiankanoon.org