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  • 11-Crm - Guideline For Increasing Con Rate

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    11-Crm- Guideline for Increasing Con Rate

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    6 views7 pages

    11-Crm - Guideline For Increasing Con Rate

    Uploaded by

    Mahesh Devaru

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 7
    Diller of the Dievetce Gener) 5 “+ vee] 2H GRoB1O ieee 84 | i & 42, Nrupattninga rh Daugshes No: CRMAV2 4 /2017 Office of the Director General and Inspector General of Police, Karnataka State, Bengaluru-01, Date: -G7-2017 CiRctIAR Sub; Guidelines for increasing the conviction rate, “Ref: Seminar of Police, Juticiary dnd Proveeutioa * to enhance the rate of convietlon on 10% dune 2017, One day Seminar was organized by the Police Department along with the Prosecution and the Judiciary. The thetic of the Seminar was to improve the cenvictlon rate. Hon'ble Chief Justice of Kamstaka, Justice 8.x. Mukherjee, inwagurated the Scmainer on 10/06/2017 at the Office of the, Director General S Inspector General of Police, Karnasaia Suete, Nrupathunge Road, Bengelant {nthe seminer, various issues like commen errers in investigation of criminal cose wk special relerences to SC/ST (PA) Act Canes, NDPS Act, FOCSO, offences against wonen and property oflenges, common tistakes in Sieg charge shects, witness management and deposition In Courts, ow pace of isposal in Courts and way forward to imprave conviction. were discusncd, ! HE woe whine . & The abstract of the points tha; were discussed to improve the investigation are a8 failo jag be 2988 (DPS) 1 Pavshotro; ae are to 1, Mandatory Provisions of Section-41, 42, 43, 50 of NDFS Act should be strictly complied with, 2. Always loca] Parchas must be taken as Mahager witnesses. Stocle Panchas should bs avoided. 4. In the NDPS cases. report should be sent to Superior Olficers within 42, hours ws per section 57 of NDPS Act, 4. FSLexpert report should be obtained within 15 days, 5 Jnwestigating Officers should meci the Public Frosccutors and discuss before submitting charge shects in the NDPS cases. 6. Search” in NOPS cases should de carried our in the presence of a Gazetted afficer. 7. Notice for personal acarch to neeused shenld be ieaued by 10. 8, Crime No. and Property Form Ne. should net be mentioned on chile affixed on the articies since case is not yet registered a the time of seizure, 9 Scarch and seizure officer should only give a report of Scimure te Police Station and not to investigate the entire case, ‘Scheduled Castes and the Scheduled Tribes (Prevention of Attwocitieg) Ack 191 3 2. IRs should be registered immediately on receiving the complaint. The reasons for delay in lodging the camplaint, should be abtained from complainant. 2. LO, should visit the spor or scene of Occurrence a4 early a8 possible without delay. . To record the Statement of the Witnesses withaut delay. ‘Spot makazar should be conducted in the presence of local Panchay Otherwise 1.0 ha ro explain why he has not taken the local persons a¢ witneenes. 5. Je the Panchonama 1.0. has 1 mention te deta of the scene of ‘Occurrence and collect the materiale. 6. Attention should be paid to avoid witnesses who may tim hostile in future 7. 1.0. srust examine and record the etaternent of independent witacsses of other caste alse, 8. These common instructions should also be followed in tne Investigation of SC/ST Casca ° Only DY.SF/ACP, should investigate and take up the ‘“investigat comnediately, it is mandatory under Sec 7 of SC/ST [PA} Rules. Bo poe pee \ae 1 S.P./DCP should issue the authorization on the same day of registration of the case. ©) 1.0, should obtain perrai case every 30 days. d) Need not wubmit charge shectsis all the cases registered. Protection of Children from Sonaiel Offeneee Act, {POCEO] Common Errors in Investigation cf POCSO casea and Atrrocities ugrinst Women end Children. jon fer extension of we Investigation of the 1, Delay in regietration of FIRs, Resson for delay not mentioned in column Ae. 2. Only Woman Police Officer shauld sevard the complaint of the victim of rape or sexual avseult in cases, which ig mandatory u/s.154{1) of CrPC. 3, Clear opinion should be obtained (rom the Medical Oficer where the victim {complainant} is able to epealr and concious enough to make @ statement, 4. if in the opinion of the Medien) officer the statement of victim is ‘aflrmative he shuld be requested to be present at the time of recording of staterncat” 8, Victim and accused should be subjected for Medical Examination, without delay. 6. Lady Medical Officer only has to examine the woman and female child Vietim. 7, Statement before Medica! officer heipe, if the injured person dies and the ‘Statement is converted into Dying Declaration u/s 32 of Evidence Act, &, Details ike name of the hespltal, ward number and bed should be mentioned in the statement of complainant, 9. FIR should be registered with proper sections in Molestation and Rape Cases, as per Criminal Law and Amendment Act, 2013. iSections Ike 1PC 354 A to D and 376 A ta E and POCSO Act.) 10,Jnformation about registration of caace under POCSO Act, should be piven to Child Welfare Committee. ULConsent of victim must De obtained for medical exarinauion and ‘presence of parente/relatives shauld be ensured, 42.Any delay should be properly explained and recorded. 13.Age proof of victims and accused should be obtained LAvictims should net bo exposed or seen by the accused during invertigation /irlal of cases, nade 826 [264 COMMON ERRORS DURING PANCHANAMA & SEIZURE OF ARTICLES: 1. The following points to be noted while preparing Panchonama, = Panchanamna to be written at Une scene af crime only & not it police ation. + The details of property seized ta be mentioned and in the PF memo, also in seizure Panchanama. = The lacts of taking photos at the spot must be mentioned in pot penchanams. e + "The festurer of the property size, its coleur, ete. must be mentioned fn the aeimare Punchonams. 2, Drawing of cunning panchanama st dilferent places to be avoided. 3. PSL officers to be sumumoned lo the acene of crime. 4 Clothes worn by victim and accused 10 be scizod in sexual assault and rape cases, 5. Follow standard procedures while sending the blood stained clothes oF other materiale to FSI. 6. Articice used for committing an offence to be seized which are evailable fat sezne of offence. 7. Further opinion trom the medical officer relating to material uaed to commit an offence (Rope, saree, Knife, wire, poison bows ete.) 10 be obtained. 8, Valuables of victim (DP Act and 304{6) IPC cases) to be recovered. 9. Source of Acid, In Acid Attacl cases (26 A & B) to be detected. 10.Blectronic Evidences abould be certified ax per Sec. 6508) of TE Act, ON 24 .T THE TIME OF B poet 1, File the charge ahect within the stipuleted time. 2. Specify the part clearly played by each actuacd in the offence where there late mallple accuses ard alsa the offence actually committed should Clearly and distinctly be mentioned, 3. The nature af injury and weapen seized should be clearly mentioned as per Scction 27 of Evidence Act, 4. To incorporate the wound certificate details in the statement and as well as to mention in. the charg: coiuma (nail, bite marka etc. 5, To got the wound certificate of actual injuries of the victim. 6. in ‘the caves of hobituel affendero, to mention previout crimes committed and conviction, (as per KPM 1854 (25. 7. To submit charge sheet to the _caurt after the verification and seratiny by superior officers as well as the concemed Public Prosecator. (PM 1585) 8, Inchision/deletion of secused persons should be done with substantial vortoboretion in witness etatement or circumstantial evidence. 4 Property Offences, Otfenese Relating to movable Propertice, Theft, Robbery, Dacotty: 6-226 | toy 9. Must inciude Experts report in the charge shest. 10.Point 1 be noted thet the prosecution permission is not required to Proseeute Government Employees, as per Sco 18 of Criminal Law Amendment Act 1. ‘Test Identifcation Parade of accused in Robbery & Decolty cases should be conducted, 2. Teet identideation parade ia not necessary, if the victim has previously seen the accused prior to the incident even though he/she may nat be Jenowing his name and the victim is with the

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