ORDER NO.

443 COLLECTION OF DOCUMENTARY EVIDENCE

CHAPTER 24

Collection of Documentary Evidence, Property and Material Objects

Directions to produce a document or thing

435-1. Whenever any Officer in-charge of a Police Station or Officer entrusted with the
investigation of a case considers that the production of any document or other thing
is necessary for the purpose of investigation, such Officer may issue a written
requisition to the person in whose possession or power such document or thing is
believed to be, requiring him to attend and produce it or cause to produce it at a
time and place stated in the order (Section 91 of CrPC).

2. If the statement of the person in whose possession the document or this is, to be
recorded, he should be directed to appear in person and produce such
document or thing. If his statement is unnecessary, such person can be asked to
cause the document or thing produced on his behalf by any other person.

3. If the document or thing is in the possession of an accused, an order for its

production shall not be issued as it contravenes clause (iii) of Article 20 of the
Constitution of India. It should be seized after conducting a search of a place
where such document or thing is kept.

436-1. For documents required from bankers, the procedure given in Bankers Books
Evidence Act 1891 should be followed.

2. According to section 4 of Bankers Books Evidence Act 1891 a certified copy

(with prescribed certificate at the end) of any entry in a bankers book shall in all
legal proceedings be received as prima facie evidence of the existence of such
entry and shall be admitted as evidence of the matters, transactions and
accounts therein.

3. In cases where bank employees are involved in offences like misappropriation,

forgery etc., or other bank frauds, financial or any other offences, the original
records are required for examination by the handwriting expert. The relevant
original records may be requisitioned by making out copies. The copies so made
can be retained by them for banking purposes. Where the examination by hand
writing expert is not needed, and the records are required only for investigation,
requisition should be confined to certified copies of entries which are admissible
as prima facie evidence.

4. Section 8 of the Bankers Book Evidence Act 1891 authorizes the officers not
below the rank of Superintendent of Police specified by the Government under
this section to requisition records or entries which are needed for investigation
into any offence. This requisition should be in Form 56.

Procedure regarding articles/documents in the custody of Postal or Telecom

Departments both Private and Government

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437-1. If any document, letter, telegram, parcel or thing in the custody of Postal or
Telegraph authorities is required, for the purpose of investigation, the
Investigating Officer shall make an application to the District Magistrate or Chief
Judicial Magistrate or Court of Session, and request for orders to the Postal or
Telegraph authorities to deliver such document, letter, telegram, parcel or thing to
the Investigating Officer (Section 92(1) of CrPC). The reference to Posts and
Telegraphs authorities in this section may be interpreted to include Bharat
Sanchar Nigam Limited (BSNL) and any other basic telephone (including WiLL)
service provider or cellular operator whether Private or Government.

2. If any such document, parcel or thing, in the possession of Postal or BSNL

authorities in the opinion of Commissioner of Police or Superintendent of Police,
is wanted for the purposes of investigation, he may require the concerned, to
trace and detain such document, parcel or thing, pending the orders from the
District Magistrate or Chief Judicial Magistrate as mentioned in the sub-order (1)
(Section 92(2) of CrPC).

3. Instructions in the P&T Manual 1982, volume V regarding production of records

in the custody of the post office are reproduced below:

Production of records before police or excise officer

4. Records of a Post Office or mail office should be produced, and information

available in them should be given on the written order of any Police Officer who
is making an investigation under the CrPC, or of any Excise Officer empowered
by a local government or administration to investigate offences under any Excise
Act, but only those entries in the records should be disclosed which relate to the
person or persons charged with the offence under investigation or which are
relevant to that offence. In any other case, the official in-charge of the office
should, without delay, refer for orders to the Head of the Circle, who will decide
whether under Section 124 of the Indian Evidence Act, the information asked for
should be withheld or not.

Note 1: This rule does not authorize the Post Office to hand over the records
unless an order under section 95 of CrPC is obtained by the Police Officer from
the District Magistrate, Chief Metropolitan Magistrate, Court of Sessions or High
Court.

Note 2: The Inspector General, Delhi Police, Special Establishment and his
staff are authorized by law to inspect all official and secret records during a
preliminary enquiry and also at subsequent stages. All records required by them
for the purpose of investigation for production in court, except those in the
custody of Audit Officers, should be made available to them.

5. When the information asked for by a Police or an Excise Officer is not available
in the records of the Office concerned, the Police or the Excise Officer should be
informed accordingly, irrespective of the question whether the information, if
available, might or might not be given.

Exception: This rule does not apply to the production of telegraph message
drafts which should only be produced under the rules on the subject in the Posts

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and Telegraphs Manual, Volume XI. (If the production of such documents is
required, the procedure prescribed in Section 92 of CrPC, will have to be
followed).

Inspection of Records of Criminal Courts by the Police

438. Rules 204 to 208 of the Criminal Rules of practice issued by the High Court of
Andhra Pradesh during 1990 for inspection of Records of Criminal Courts are
reproduced below for guidance of Police Officers:

1. Rule 204: Inspection by Officers of the Police or the Excise Department and
Public Prosecutor: Whenever it appears to any officer of the police or the
Excise Department not below the rank of Sub-Inspector, that an inspection of the
records of any criminal trial or appeal will facilitate detection or prevention of any
crime or it is desired for examination of the conduct of Officers connected with
the case or whenever the inspection of such records is desired by the Public
Prosecutor or Assistant Public Prosecutor, in the exercise of his duty as such
Officer or Prosecutor as the case may be, he may apply to the Sessions Judge
or Presiding Officer of the Court in which the records are lodged for permission
to inspect the same.

2. Rule 205: Procedure on application: The application referred to in the

preceding rule shall be made in writing and shall contain a description of the
records and shall state the purpose for which the inspection is sought, and the
Sessions Judge or Magistrate may grant or refuse the application, recording the
reasons for refusal and shall communicate a copy thereof to the Officer
concerned, or to the Public Prosecutor, as the case may be. If the application is
granted, the Sessions Judge or Magistrate shall make arrangements for
permitting the inspection to be conducted in accordance with Rule 206.

3. Rule 206: Conduct of Inspection: Every inspection of records under these rules
shall be conducted by an Officer of the Police or the Excise Department not
below the rank of Sub-Inspector, or, if the inspection is granted on the application
of a Public Prosecutor or Assistant Public Prosecutor, then by the Public
Prosecutor or Assistant Public Prosecutor himself. It shall take place within the
precincts of the Court in which the records are lodged and in the presence of an
Officer of the Court who shall be deputed by the Sessions Judge or Magistrate
for the purpose, and no record or part of a record shall be removed by the
inspecting Officer from the precincts of the Court.

4. Rule 207: Inspection by Public Prosecutor, Andhra Pradesh: The Public

Prosecutor, Andhra Pradesh, if he wishes to inspect the original records of
Criminal Courts should request the High Court through the Registrar.

5. Rule 209: Taking extracts: An Officer inspecting records under these rules can
take extracts therefrom, if he considers it necessary to do so.

Inspection and obtaining of documents in the custody of audit (including Posts and
BSNL) offices

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439-1.
G.O.Ms.No. 3771, Home, dt
25.9.1951, 3083, Home, dated
22.8.1951 and 2527, Home (Pol.A),
dated 29.9.1955; Govt. Endtt.
3797/56-1, Home, dated 31.8.1956;
69/56-1, Home, (Pol.A), dt
21.11.1956 and 47807/57-1, Home,
(Pol.A), dated 25.5.1957
Investigating Police Officer will be given all facilities to inspect within the
respective offices the original documents in the custody of audit offices. They will
also have facilities to take out copies of such documents (including photostat
copies). Even where an original document has to be shown to a witness during
the process of investigation, it will be possible in many cases to have this carried
out at the audit office.

2. Where the investigating Officer inspects the original documents, he shall sign
and record the date of his perusal or inspection on the record so inspected or
perused and thereafter request for the photocopies. The photocopies can be
used in the investigation. He shall also handover a letter to the head of the office
to have the original documents in his custody under lock and seal. The expenses
for taking out the photocopies will be met by the concerned office.

3. In a case where an investigating officer finds it necessary to have the original

documents in the possession of an audit office examined by the handwriting or
fingerprint expert, the Director General of Police will request the Accountant-
General to hand over the documents, in original, directly to the investigating
officer, who may use them for identification purposes and also have them
examined by the Director, APFSL/Director, Finger Print Bureau.

4. The above orders also apply to documents, in the possession of the audit offices
of the Posts or Telecom Department.

5. Police officers are strictly forbidden to resort to the use of Sections 91 and 92 of
CrPC, to secure original documents from audit offices.

Points to be borne in mind while making search

440-1. Ordinarily search of closed places is to be made with a warrant.

2. Searches without warrant may be made only in urgent cases and that too during
investigation.

3. The procedure laid down in section 100 Cr.P.C. should be strictly followed while
making searches of closed places with or without warrant. Otherwise the searches
may become illegal.

4. As far as possible independent witnesses of that locality should be taken in

searches. In case of deviation, reasons must be stated.

5. Every decency must be observed while making searches.

6. Before making a search the I.O. and the witnesses should search themselves to
ensure that nothing is brought with them to implant.

7. Females should be employed to search the persons of females.

8. The seizures made from the persons should be listed separately from the seizures
made from the place.

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9. A copy of the list of seizures should be furnished to the person present at the place
under acknowledgment.

10. Whenever a subordinate is deputed for search, the authorisation must be in writing.

11. Whenever a search is to be made in other jurisdiction, and by the SHO there, the
requisition should be by SHO or police officer not below the rank of SI.

12. The search proceedings shall be rendered in Form 57 and seizures list prepared in
Form 58 & 59.

Search for wrongfully confined persons

441. In case of wrongful confinement, the Police Officers do not have powers for
conducting search of the confined place without search warrant. The Police Officers
have to obtain a search warrant under section 97 CrPC. So is the case in respect
of a woman or a female child under the age of 18 years, kidnapped or abducted for
any unlawful purposes. Search warrant has to be obtained under section 98 CrPC
to search and secure her presence. The Commissioner of Hyderabad, u/s 49 of the
Hyderabad City Police Act may issue a search warrant to search a place in
Hyderabad and Secunderabad limits where a person is wrongfully confined. The
person rescued from wrongful confinement shall be produced before Magistrate.

Disposal of the Property coming into the hands of the Police

442. Form 60 should be used for sending property to the Magistrate. Three copies of the
form should be prepared by means of carbon paper. The triplicate should be
retained in the station and the remaining two copies sent to the Magistrate with the
property. When the duplicate copy is received back from the Magistrate, with his
orders thereon, it should be pasted in the book. The Investigating Officer shall write
a case diary for despatch of the property to the court and for the endorsement
made by the Magistrate on the duplicate copy of Form 60.

443. The instructions regarding the panchnama for the recovery of the property as a
result of the confession made to the Police by the accused and the property
found in consequence of a confessional statement made to the police by one of
several accused is given in Order 433.

Recovery of stolen property otherwise than on house search - record of material facts

444. When any property is recovered by a Police Officer otherwise than on a formal
search of premises, a contemporaneous record of the facts relating to such recovery
may be prepared by him in Form 60 and attested by witnesses present at the time of
such recovery. This record shall be sent to the Magistrate without any delay. The
record so made is admissible in evidence to corroborate the testimony of the police
officer who prepared it or may be used to refresh his memory. The signature of the
attesting witnesses may be used in evidence only to corroborate the statement of

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the Police Officer that they were present at the time of the recovery of the property
and attested the record prepared by him.

Reciprocal arrangements for assistance and procedure of attachment and forfeiture of

property with other countries

445. Chapter 7-A CrPC consisting of sections 105-A to 105-L deals with the provisions
and procedure for seizure, arrest, production of documents needed for
investigation as well as forfeiture of properties derived from crime. The nature of
assistance, enquiries, investigation and action to be taken in respect of requests
received from other countries in that State are also detailed herein.

Custody of property

446-1. According to Section 451 of CrPC, when any property, regarding which any offence
appears to have been committed or which appears to have been used for the
commission of any offence is produced before any criminal court during any inquiry
or trial, the court may make such order, as it thinks fit for the proper custody of such
property pending the conclusion of the inquiry or trial. If the property is subject to
speedy or natural decay or if it is otherwise expedient so to do, the court may, after
recording such evidence as it thinks necessary, order it to be sold or disposed. This
section provides for the interim custody of property.

2. Livestock: The seizure of livestock by the police in criminal cases shall be forthwith
reported to the Magistrate for orders under Section 457 of CrPC. Pending the
orders of the Magistrate regarding its disposal, the livestock shall remain in the
custody of the police, but they may deliver it to the charge of the Village Secretary
or to its owner to be produced when required.

3. Police not to receive property without orders as to disposal: When a Magistrate

G.O. Ms. 2545,
has taken over property from the police; they should not receive it back without
Home, dated
11.6.1940
orders as to its disposal.

4. Unclaimed property: It shall be the duty of police officer to take charge of all
unclaimed property. The receipt of unclaimed property should be entered in the GD
and the property forwarded to the Magistrate with Form-60 immediately. The
disposal of such property shall be as per the orders of the Magistrate.

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