inquest proceedings-Where are these initiated - proceedings different from normal

investigation?

Meaning of Inquest Proceedings:

An inquest proceeding is an inquiry conducted primarily to ascertain the cause of an

unnatural death (such as suicide, homicide, accident, death under suspicious circumstances).

Relevant Law under New System:

• Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) corresponds to earlier
Section 174 CrPC.

Under BNSS, when an officer-in-charge of a police station receives information regarding the
unnatural death of a person, an inquest report must be prepared.

Where are these Initiated:

• Deaths under suspicious circumstances.

• Suicides.

• Deaths due to accidents.

• Dowry deaths (within 7 years of marriage).

• Deaths in police custody.

• Deaths in mental asylums or detention homes.

The officer will immediately inform the nearest Executive Magistrate empowered to hold
inquests and proceed to the spot to prepare a report.

Procedure:

• Examination of the scene of occurrence.

• Preparation of a report describing injuries, weapons, circumstances.

• Recording statements of witnesses present.

• Sending the body for post-mortem examination if required.

Difference from Normal Investigation:

What is FIR? How is it lodged? Explain its importance in investigation.

Meaning:

A First Information Report (FIR) is the earliest recorded information that sets the criminal
law into motion concerning a cognizable offence.

Relevant Law under New System:

• Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) corresponds to the
old Section 154 CrPC.

How it is lodged:

• Information relating to the commission of a cognizable offence is given orally or in writing

to the officer-in-charge of the police station.
• If given orally, it must be reduced to writing, read over to the informant, and signed by
them.

• Entry into a designated record (electronic records also permissible).

• A free copy of the FIR must be given to the informant immediately.

Importance in Investigation:

• FIR initiates criminal investigation.

• Helps to fix the earliest version of facts.

• Prevents embellishment and manipulation later.

• Forms the basis for collection of evidence.

• Important for defense as well during trial.

• Supports speedy justice delivery as per BNSS objectives.

. What is dying declaration, how is it written? Should it be signed by the subscriber and
attested by some person/officers?

Meaning:

A dying declaration is a statement made by a person regarding the cause of their death or
circumstances resulting in it, who believes death to be imminent.

Relevant Law under New System:

• Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) corresponds to earlier Section
32(1) of the Indian Evidence Act.

How it is written:

• Preferably recorded by a Magistrate.

• If Magistrate not available, police officer, doctor, or any responsible person can record it.

• Should be in the declarant’s own words without alteration.

• Must record mental fitness certificate if doctor available.

• Signature/thumb impression of the declarant should be obtained if possible.

Attestation:

• The dying declaration should be:

• Signed/thumb-marked by the declarant.

• Attested preferably by the Magistrate or medical officer.

• Witnesses can also attest if available (especially in case of police recording).

Judicial View:

• A dying declaration can form sole basis for conviction if it is trustworthy and free from
doubts.

. Explain the following quoting the relevant provisions of law

(a) Tikri Pehra

• Traditional rural system where villagers organize community patrols at night.

• It continues under Police Regulations and Village Security Schemes.

• Based on local law and rules (not directly under BNSS, but police regulation manuals).

• Ensures prevention of thefts, dacoities in rural areas.

(b) Beat System

• System where police officers are assigned specific geographical areas (“beats”) for regular
patrolling.
• Aimed at crime prevention and community policing.

• Recognized under State Police Manuals and operationalized in line with BNSS emphasis on
community participation.

• Helps maintain visible police presence.

(c) Surveillance of Bad Characters

• Bad characters/habitual offenders are kept under strict watch.

• Under State Police Rules and preventive provisions of BNSS (like preventive arrest and
surveillance).

• Helps prevent crimes before occurrence.

• Techniques include regular reporting, questioning, monitoring of movement.

(d) Custody of History Sheets

• History sheets contain criminal records of repeat offenders.

• Maintained in police stations under directions from State Police Manuals.

• Updated periodically based on offender’s activities.

• Helps police plan preventive measures and close monitoring.

Rights of Arrested Persons – NHRC/D.K. Basu Guidelines

1. Right to Inform Relatives or Friends:

• The arrested person must be allowed to inform a friend, relative, or well-wisher about the
arrest and place of detention immediately.

2. Right to Legal Aid:

• The arrested person has the right to consult and be defended by a legal practitioner of their
choice.
3. Right to be Informed of Grounds of Arrest:

• The person must be clearly informed of the reasons for arrest and the charges against them.

4. Right to Medical Examination:

• Medical examination must be conducted at the time of arrest and every 48 hours during
detention to prevent custodial torture.

5. Right to Produce Before Magistrate:

• The arrested individual must be produced before a magistrate within 24 hours of arrest
(excluding journey time).

6. Preparation of Arrest Memo:

• A memo of arrest must be prepared at the time of arrest, attested by at least one witness and
signed by the arrested person.

7. Right Against Custodial Violence:

• No torture, coercion, or inhuman treatment is allowed during interrogation or custody.

8. Entry in Diary:

• Time, date, and place of arrest must be entered into the diary maintained at the police
station.

9. Right to See the Memo of Arrest:

• The person arrested is entitled to see the arrest memo and acknowledge it.

10. Display of Rights:

• All police stations must display the rights of arrested persons prominently.
Guidelines for Arrest by a Police Officer

1. Identification of Police Officer

• The police officer making the arrest must bear clear identification with their name and
designation visible.

• A memo of arrest must be prepared at the time of arrest.

2. Memo of Arrest

• A memo of arrest must be prepared.

• It must be attested by at least one witness, who may be a family member or a local
respectable person.

• The memo must also be signed by the arrested person.

3. Right to Inform

• The arrested person has the right to inform a friend, relative, or well-wisher about the arrest
and the place of detention.

4. Medical Examination

• A medical examination must be conducted at the time of arrest.

• The arrested person must be medically examined every 48 hours during detention by a
doctor on the panel.

5. Production before Magistrate

• The arrested person must be produced before the nearest Magistrate within 24 hours of
arrest (excluding travel time).

6. Entry in Police Records

• The arrest, place of detention, and related information must be entered into the police
station diary and case diary.

7. Legal Representation

• The arrested person must be informed of their right to consult a legal practitioner during
interrogation.

8. No Unnecessary Restraint

• Only reasonable force must be used during arrest.

• Handcuffs should not be used routinely unless the person is a hardened criminal or there is a
danger of escape.

9. Rights to be Communicated

• The police officer must inform the arrested person, in a language they understand, of their
rights, reasons for arrest, and entitlement to bail (if applicable).

10. Display of Arrest Rights

• Rights of arrested persons must be displayed in every police station and at all detention
centers.

Relevant Laws:

• Section 35, 36 and 37 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

• D.K. Basu vs State of West Bengal (1997) Supreme Court Judgment

• NHRC (National Human Rights Commission) Guidelines

a. First action by IO after reaching crime scene:

• Secure the crime scene to prevent disturbance or tampering of evidence.

• Record initial observations.

• Ensure safety of any victims if alive.

• Start preparing a Crime Scene Memo (Panchnama).

b. Chain of Custody:

• It refers to the documented and unbroken transfer of evidence.

• It ensures that evidence collected at the scene reaches the court without tampering, loss, or
substitution.

• Every transfer of custody must be documented.

c. Importance of Preparing Site Plan in Investigation:

• Helps in reconstructing the crime scene later.

• Establishes the location of evidence, positions of people, and sequence of events.

• Site plan with measurements and directions is essential for court proceedings.

d. What IO should do if investigation not completed in 24 hours after arrest:

• As per BNSS Section 187 (similar to old CrPC Section 167), if investigation cannot be
completed within 24 hours, IO must produce the accused before Magistrate and seek remand.

e. Golden Hour in Crime Scene Investigation:

• “Golden Hour” is the critical time immediately after a crime.

• Actions taken during this time (preserving evidence, recording statements) are crucial for
solving the case.

• Delay can result in loss of evidence.

a. Case Diary – Relevant Provisions:

• BNSS Section 191 (old CrPC 172).

• IO must maintain a case diary with details like time of investigation, witnesses examined,
places visited, recoveries made, etc.

• Helps Magistrate and superior officers in understanding investigation progress.

b. Test Identification Parade (TIP) – Procedure:

• Conducted to help a witness identify an accused whom they had seen at the time of the
crime.

• Held in jail or safe premises under Magistrate supervision.

• Accused is mixed with look-alikes.

• Witness is asked to pick out the accused without any hint.

c. Extra Judicial Confession and Confession Before Police Officer:

• Extra judicial confession: Confession made to any person (not police) voluntarily.

• Confession before police: Generally inadmissible as per Section 22 of BNSS (like Section
25 of Indian Evidence Act).

• Only confession made before Magistrate (under Section 183 BNSS) is admissible.

d. Scene of Crime – Its Preservation:

• Secure perimeter with barriers or tapes.

• Prevent entry of unauthorized persons.

• Record condition, temperature, smells, objects.

• Photograph/videograph scene before moving anything.

Management of Police Lock-up Duties and SOPs

Management of Police Lock-up:

• Police lock-ups are temporary holding areas before producing an accused before a
Magistrate.

• Proper management is essential to prevent human rights violations.

Standard Operating Procedures (SOPs):

1. Daily Inspection:

• Officer-in-Charge must inspect lock-ups every shift.

• Ensure no unauthorized persons are present.

2. Medical Check-up:

• Arrested persons must be medically examined at the time of entry.

• Regular check-ups should be done, especially for sick or injured persons.

3. Separate Custody:

• Male, female, and juvenile detainees must be kept separately.

• Facilities must be adequate for privacy and hygiene.

4. Prohibition on Torture:

• No physical abuse or coercive interrogation inside the lock-up.

• CCTV cameras must be installed as per Supreme Court orders (Paramvir Singh Saini v.
Baljit Singh, 2020).

5. Food and Water:

• Detainees must be provided clean drinking water and proper food.

• Food must be inspected for quality.

6. Record Maintenance:

• All entries related to detention (entry, release, medical needs) should be recorded.

7. Communication Rights:

• Arrested person must be allowed to inform a family member/legal aid.

Measures for Health and Safety:

• Sanitation facilities must be clean.

• Emergency medical aid should be immediately available.

• No overcrowding should be allowed.

: Custodial Violence and Custodial Death

Custodial Violence:

• Use of force or torture by police on persons in custody.

• Includes physical abuse, mental harassment, illegal detention.

Custodial Death:

• Death of an individual while in police/judicial custody, often due to torture, negligence, or

foul play.

Guidelines and Procedure (NHRC & Supreme Court):

1. DK Basu Guidelines (1997):

• Immediate information to next of kin on arrest.

• Arrest memo signed by two witnesses.

• Medical examination every 48 hours.

• Production before Magistrate within 24 hours.

2. NHRC Guidelines for Custodial Death:

• Immediate intimation to NHRC within 24 hours.

• Post-mortem must be video-graphed.

• Magistrate inquiry under Section 176 BNSS (old CrPC Section 176).
• Independent investigation (CBI or CID if needed).

3. Judgments:

• Nilabati Behera vs. State of Orissa: Compensation awarded for custodial death.

• Paramvir Singh Saini Case (2020): Installation of CCTV in all police stations and lock-ups.

Procedure in Case of Custodial Death:

• Registration of FIR.

• Judicial/Magistrate inquiry mandatory.

• Post-mortem by a panel of doctors.

• Video recording of entire investigation.

• Compensation to victim’s family if foul play found.

Pre-trial Disposal of Narcotics and Contraband

Legal Provisions:

• NDPS Act, 1985 Section 52A deals with pre-trial disposal of seized narcotic drugs and
psychotropic substances.

• As per law, large quantities must not be stored for long due to security and risk.

Procedure:

1. Seizure memo prepared at time of seizure.

2. Samples of seized material drawn in presence of Magistrate.

3. Samples properly sealed and sent to Forensic Science Laboratory (FSL) for chemical
examination.

4. Application to Magistrate for early disposal.

5. Magistrate directs inventory preparation, photographs and certification.

6. Remaining bulk quantity disposed of (e.g., incineration) as per authorized procedure.

Judgments:

• Union of India v. Mohanlal (2016):

• Supreme Court emphasized strict compliance of Section 52A to avoid pilferage and
tampering.

• Karnail Singh v. State of Haryana (2009):

• Delay in disposal can raise doubts about evidence integrity.

Critical Analysis:

• Proper disposal ensures security and avoids misuse.

• Failure to comply with disposal provisions can lead to acquittal due to doubts in evidence.

• However, safeguards must ensure that accused’s rights to challenge evidence remain
protected through properly drawn samples.