Police Diaries Crime Detection Criminal Investigation Prosecution | 2021

PREFACE

The police have always been a crucial component of state administration, with the maintenance of law and order serving as a cornerstone of democratic governance. The primary duties of the police can be summarized as follows:

• Enforcement of law
• Maintenance of law and order
• Prevention and detection of crimes
• Investigation of criminal cases
• Production of undertrial prisoners before courts
• Post-sentence management

With advancements in science and technology, criminal investigation has evolved from being an art to a systematic and technologically driven process. To establish guilt, it is essential that the methods and procedures used to gather evidence are fair and lawful. Consequently, it is vital for the police to remain well-versed in the procedures prescribed by law for criminal investigations. The fundamental responsibility of the police is to safeguard the life, liberty, and property of citizens, a duty that underpins the criminal justice system.

Police investigations form the foundation of the criminal justice process, encompassing all proceedings under the Code of Criminal Procedure for collecting evidence, conducted by police officers or other authorized individuals. The manner in which these investigations are carried out significantly impacts the justice system. Errors or malpractice in evidence collection can lead to miscarriages of justice, while the thorough and impartial pursuit of truth ensures that the guilty are prosecuted and the innocent protected.

The police must conduct investigations fairly, collecting all evidence—whether it supports or contradicts the suspect's guilt. The overarching goal is to protect society, ensuring that laws and procedures are designed to apprehend and punish the guilty efficiently, without causing undue harm to the innocent. Investigating officers must remain knowledgeable about modern scientific principles and adhere to legal procedures to achieve this objective.

As prescribed in Section 172 of the Code of Criminal Procedure, the investigating officer’s first step is to document the time and place of receiving information in the Case Diary, along with a copy of the First Information Report (FIR). The officer must then inspect the scene of the alleged offense, interview the complainant and other relevant persons, and record any variations or supplementary statements.

The purpose of the Police Diary is to keep the Magistrate and Superintendent of Police informed about crimes reported at the station. Proper maintenance and regular entries demonstrate the impartiality of the investigation, inspiring confidence in the judicial process. Section 172(1) of the Cr.P.C. outlines two parts of the Police Diary:

1. Details of steps taken during the investigation, including timelines and places visited.
2. Statements and circumstances ascertained during the investigation.

The Court may refer to the Police Diary during inquiries or trials to ensure the investigation was conducted appropriately. While the diary is not admissible as evidence, it can guide the Court in summoning witnesses or incorporating relevant material for a fair decision under Section 172(3).

The primary duty of the police is to collect evidence to determine whether the accused has committed an offense. The evidence must be sufficient to prove the offense and submitted to the Magistrate for cognizance.

This book addresses practical and procedural challenges in criminal investigations, providing insights into courtroom developments and resolving complexities in trial conduct. Its comprehensive approach and user-friendly format make it a valuable resource. A detailed Subject Index is included for ease of reference.

May this book serve as a helpful guide to the police, prosecution agencies, and the Bar in navigating the intricacies of criminal investigations and legal proceedings.