This Report is submitted as a part of Academic Requirements for the

purpose of Continuous Evaluation- II in the subject of Criminal

Law.

UNDER THE SUPERVISION AND GUIDANCE OF:

Prof. Neeraj Gupta
(Assinant Professor of Law)

Submitted by
Deep Hirani (17bbl008)
 Report on Police station visit

I visited Gandhigram (2) police station on 1 st September 2018 in Rajkot, Gujarat. The police
inspector under whom I was briefed about the police station was Mr. Nitesh Rachchh. First
thing what he showed me was the general diary which is kept in the police station, then he
gave reasons that why is the general diary is maintained in all the police station. General
diary is maintained to note down all the important events taking place in the police station,
it is generally online as per latest rules so that it is not edited. The General diary consist of
three columns which are 1) Serial number, 2) Crime registers number and sections
applicable as per the act of the offence, 3) Brief explanation about the description of events
that took place it gives brief details about the parties involved in the act. Thereafter he
briefed me about how does an investigation happen, what all procedures they do before
arresting someone. In arresting also he told me about if a person is drunk then they tell him
to walk, speak few lines and after that they call doctor to take out medical report and while
arresting, they call two or three ‘Panch’ (witness) who are present there and ‘Panchnama’ is
prepared. Once the person is arrested, he is asked about the details of his relatives. The
arrestee is produced before the bail court within the next 24 hours and in the case of
consumption of alcohol medical report is submitted so that it is proof of arrestee arrested
for consuming alcohol. The inspector also briefed me about few section such IPC 506(2) ,
323, 504 and also about G.P.Act( Gujarat Police Act) 135. Then he also briefed me about the
‘Jahernama’ and the powers of Collector and also Police commissioner. Recent “Jahernama”
were about Rent owners and also about Pubg game. After that I requested to show the copy
of the FIR. I was allowed to show the copy of the FIR and he explained what all is written in
the FIR. I was also briefed about the weapons or anything acquired by the police from the
crime scene and after that what is the procedure and how the weapon acquired is taken to
the court & before sending to the court it is sent to FSL that is Forensic Science Laboratory
which is in Gandhinagar, Gujarat to check whether the weapon acquired is actually used or
not and after that it is sent to the court wrapped in white cloth. After doing the procedure if
the police Is unable find evidence more on the crime they seek permission from the court to
give them time to investigate more on the matter. As far as D.K.Basu guidelines are
concerned the police men/women didn’t wear badges only the constables were wearing the
uniform with badges and number. The arrestee is informed that he can see a lawyer, his
relatives are informed about the arrest after the arrest and even before arresting the
arrestee is informed about why he/she is being arrested. As mentioned in Chapter V of the
CrPc, I inquired about the protocol if an arrestee flees from the lock up to which he said that
they inform the nearby police station and the control room in case of such event. And after
that when I asked about the section 156 of the CrPc he said that police officer has the right
to investigate the any cognizable case even without permission from the magistrate and no
questions would be asked to police officer. The police station had 4 lock ups - 2 for men and
2 for women.
 Report on the visit to Executive Magistrate –
SDM
We went to the office of SDM, Kadi. She was a Gujarat Administrative Service officer,
named Ketki Vyas. The SDM has many powers. She has dual powers to work as the head of
executive machinery as well as the of judicial authority. The nature of the crimes in which
SDM takes action are

1). Whenever police finds a person to be habitual offender. He may refer that person in a
confidential cover, whom they may find to be a threat to public order, or a person involved in
seditious act and the act is presumed based on the antecedents. the executive magi. may
conduct a hearing and may give punishment under G.P Act or Cr.P.C as they deem to be fit.

2). Any act by people or group of people that is, people doing unlawful assembly or causing
nuisance to the society may disrupt social order in the area. the mag may prevent such an
assembly either by taking preventive actin of denying permission or may instruct the police to
take action to such an assembly and maintain social order.

3). Act as a impartial supervisor of probe: the function of SDM is to monitor no arbitrariness
is done by the police in the investigation. the SDM directs the police to act as per the laws
and show no biases, partially or favoritism in the probe.

4) The SDM records various statements and certifies the causes of death which may be
prevalent in the case. The SDM here acts based on the discretion and then may send the
reports to the courts.

The SDM is in most cases the appellate for the action taken by the Executive magistrates
under them. The preventive actions are listed under section 107-116. The actions which are
taken by the Executive Magistrates based on the police that the person accused being the
habitual offender may indulge in a crime again. They are recommended by the police. These
powers are available to the executive magistrate under the Gujarat Police Act, 2017.
Executive magistrate takes the cases of prohibition of sale of liquor and sale of liquor.

In case of curfew the District Magistrate are to be also imposed by the Executive Magistrate
as the preventive against breach of public peace under CrPc.144. Under section 116(3) he
may in case of necessity where he believes that the prevention of a breach of the peace or
disturbance of the public tranquility or the commission of any offence is necessary as an
immediate measure he may direct a person complained against to execute an ad-interim bond
with or without surety for keeping the peace or maintaining good behavior until the
completion of the enquiry. They also the power of the judiciary to judge the cases against the
habitual offender of liquor trading. The SDM also told us about the work as there are 8 police
stations in the Kadi Sub division and the SDM is the head of all the police stations. Their
duty is to check and visit the police station at least one in the year.
Apart from these we also visited the Sub jail in Kadi. The jail is operated under the SDM and
the accused is kept in these sub jail under the charge sheet. The state of the jail was like the
other jail. The jail had more inmates then the sanctioned strength and even the security was
also not proper because main who are guarding the jail were less.

The Functions of the SDM are followed by the SDM as per the law but the overburdening of
the work of the SDM who happens to also do the duty of the Revenue Officer makes it not
possible to carry each and every duty with due diligence. The Magistrate almost does all the
functions and in and all were discussed and it was great learning experience. `
 Report on the Visit to Metropolitan Magistrate

We went to the Court of Metropolitan Magistrate. The court is situated in Ahmedabad on the
Gheekanta area, Bhadra. We went there with the help of Advocate Yogendra Thakore, who
introduced us to the M.S. Sayed. After meeting the magistrate, he described that police
commence investigation of after doing the registration of the First Information Report (FIR).
After that he described the role of judicial magistrate, as Ahmedabad is a metropolitan city
there will be a metropolitan magistrate, the functions and role would be same of judicial
magistrate. The judicial magistrate deals with all the initial stage, whether not he is competent
or not to try the case. The Role of judicial magistrate are: -
1. Alternate forum to report the crime.
2. Supervisor of investigation process
3. Protector of liberty of arrestee
4. Cognizance and committal of cases
5. Discharge Proceeding.

1). Alternate forum to report the crime: - The magistrate Mr. Amlani said that if a person
has grievance that the police station is not registering his FIR under Section 154 Cr.P.C, then
he can approach the Superintendent of Police under Section 154(3) Cr.P.C. by an application
in writing. Even if that does not yield any satisfactory result in the sense that either the FIR is
still not registered, or that even after registering it no proper investigation is held, it is open to
the aggrieved person to file an application under Section 156 (3) Cr.P.C. before the learned
Magistrate concerned. If such an application under Section 156 (3) is filed before the
Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper
investigation to be made, in a case where, according to the aggrieved person, no proper
investigation was made.

2). Supervisor of investigation process: - The judicial magistrate is the supervisor of the
investigation process, as in the case of the non-cognizable offences police investigate in to
the offence only after obtaining the order for investigation from the judicial magistrate.
During the course of investigation, if any person arrested in the police custody, the
investigation is to be completed within 24 hours and if that is not completed then the
jurisdiction is taken by judicial magistrate, whether he has the power to try the case or not.
The object of requiring the accused to be produced before the magistrate is to enable him to
decide the whether remand is necessary or not. As per the Section 167(5) of the Cr.P.C if the
case it triable by the magistrate & the investigation is not concluded within the period of six
months from the date on which the accused was arrested, then the magistrate shall make a
order to stop the further investigation beyond the period of six months is necessary. The
Section 164 of the CR.P.C authorizes the magistrate to record confession of the accused and
statements by the witnesses, any magistrate or metropolitan magistrate can record them.
3). Protector of liberty of arrestee: - The Judicial Magistrate is also the protector of the
arrested person, as the Cr.P.C has provided the rights of the person arrested by the police.
Magistrate has to verify, by questioning the person arrested and produced before him as to

1. Whether arrestee is produced within twenty four hours from the time of his arrest

2. Whether arrestee is harassed during the period between the arrest and production
before the court
3. Whether the arrestee is informed of the grounds and reasons for his arrest
4. Whether the factum of the arrest is informed to the relatives of the accused
5. Whether there is any unnecessary restraint than required
6. Whether the arrested is in need of any medical examination

4) Cognizance and committal of cases: - The magistrate said that have been exploring
the meaning of this term from time to time. The word “cognizance” has no or
significance in criminal Law or procedure. Taking cognizance does not involve any
formal action, or indeed action of any kind, but occurs, as soon as a Magistrate, applies
his mind to the suspected commission of an offence for the purpose of proceeding to
take subsequent steps towards inquiry or trial. There may be circumstances where the
Magistrate applies his mind to the facts placed before him, not with an intention to
proceed with any kind of inquiry or trial and in such circumstances it cannot be said
that he has taken cognizance of the offence.

Section 190 of the Cr.P.C describes the three modes in which a magistrate can
take cognizance of the offence

(1) on receiving a complaint of facts which constitute such offence

(2) on police report as defined under section 2 ( r ) of the Cr.P.C,

(3) upon any information from any person other than a police officer, or upon his
knowledge, that such an offence has been committed.

Section 192 of the Cr.P.C. provides for taking of cognizance of the offences by
the Chief Judicial Magistrate. Section 193 of the Cr.P.C. states that the Sessions
Court can take cognizance of an offence only when the case is committed to it by
a Magistrate.

He said that if the offence is exclusively triable by the Court of Sessions, the
Magistrate has to commit the case to the Court of Sessions under section 209 of
the Cr.P.C The Magistrate has to ensure whether section 207 of the Cr.P.C is to
be complied with and notify the Public Prosecutor of the court to which the case
is to be committed. The Magistrate committing the case is under an obligation to
send the record of the case and the material objects to the Court of Sessions.

5) Discharge Proceeding: - The Judicial Magistrate also has the power over the discharge
proceedings. The Magistrate is required to hear the accused as as the prosecution to decide
whether framing of the charges against the accused is appropriate or not. After that if the
magistrate thinks that the charges will be groundless the accused shall be discharged. In cases
instituted than on a police report the magistrate considers that the no case against the accused
has been made out which if claimed, would warrant his conviction, the accused shall be
discharged by the magistrate. There is no provision given in the cases triable in the Summons
case and in cases of Summary trials. Still the power can be exercised by the Magistrate the
stage of explaining the substance of the accusation to the accused under section 251 of the
Cr.P.C.
The Procedure for recording the statements: -

The Magistrate records confessions of the accused and the statements of the
witnesses. Any Magistrate or Metropolitan Magistrate can record them. The
confession of the accused is considered to be a vital piece of evidence against the
maker, a number of rules are prescribed for recording of the confessions of the
accused. The Magistrate recording the confession shall be satisfied that the
confession is being made by the accused voluntarily and without any inducement
or coercion.

If the Magistrate finds that the confession is not being made voluntarily he need
not record the confession. The Magistrate who is recording confession informed
the accused that he is not bound to make any confession and in case if he chooses
to make confession that will be used as evidence against him. The Magistrate
prepared a memorandum to be appended to the confession recorded by him,
incorporating his satisfaction regarding voluntariness of the accused in making
the confession and that he has informed the accused about using the confession
against him as evidence.

While recording the confession the Magistrate takes care that no police officer is
present in the court. The confession is to be recorded as per the procedure for
recording the statement of the accused mentioned in section 281 of the Cr.P.C. In
practice it is always the police who file the application before the Chief Judicial
Magistrate for recording the confession by a Judicial Magistrate and the Chief
Judicial Magistrate makes over the application to the Judicial Magistrate who has
no jurisdiction to try the case in which the confession of the accused is to be
recorded.

Magistrate records the statement of the witnesses. Prior to the statement an Oath
is also administered to the witness making a statement under section 164 of the
Cr.P.C and it shall not be administered to the accused making the confession. The
statement of the witness is to be recorded in the manner the evidence of a witness
is to be recorded.

The process of the recording of statement had many observers in the lobby and
the witness may at times be unaware of the