Tuesday, February 28, 2023

Fundamentals of Code of Criminal Procedure, 1973 Part IV

Fundamentals of Code of Criminal Procedure, 1973

Part IV

 

Types of Police Reports

 

Police reports are different according to the incidents. Types of police reports include:

 

·        Arrest reports: An arrest report, also known as an arrest record, outlines claims or charges levelled against a person. Upon the arrest of a suspect, usually by a representative of the court who signed the arrest warrant, the arrest report comprises a victim's accusations about a perpetrator as well as all of the information from the first report of the occurrence. Fingerprint information may also be included in arrest records, as well as the amount of bail set by the court.

 

·        Investigative reports: A police investigator or another investigating officer may undertake an investigation when a case is begun by submitting a police report. While the Right to Information Act (RTI) makes certain police information available to the public, forensic reports are not made public in order to avoid impeding an alleged suspect's trial. Insurance firms and private detectives, for example, can undertake their own investigations in addition to the police. Yet, the authorities are not looking into these accusations. Traffic updates A police traffic report describes the violation committed by a motorist and the offence acknowledged by him, as well as his personal information, name, licence number, tag number, and automobile model number.

 

·        Supplemental police reports: When a police report has to be altered, an officer might request an extra report that includes the updated or corrected information. The reporting officer may accidentally omit information or wrongly type an error in the original report. In the event of a nighttime collision, any images taken by the officer at the time do not clearly display the specifics of the accident. The additional supplementary pages are added to the first report and marked as the original report; no changes may be made to the initial report.

 

·        Witness reports: During police interviews with witnesses to traffic accidents or crimes, officers record remarks on their reports. These witness reports support the initial event or injury report, although they are often handled in various methods. The original witness report also includes a large blank section of a witness form for handing out a report regarding a traffic accident or injury report. A witness will frequently write their account on a blank piece of paper. In the event of an accident or injury, witness reports must be submitted following an interview with the victim.

 

·        Administrative reports: Police personnel and corporate business connection organisations must keep administrative records equivalent to non-police firms. Such reports may include statistical information on detention, tasks, budget items, and other daily activities. When a victim or a member of the public seeks information under the Right to Information Act (RTI), the request is recorded in an administrative report and made available by a police department officer.

 

·        Internal affairs reports : An officer is frequently compelled to file an inquiry into internal affairs as part of the law enforcement department's check-and-balance accountability. On internal affairs reports, these inquiries are recorded as charges of misbehaviour. Each accusation yields one of four results: sustained (the accusation is proven); unsustained (the charge lacks adequate evidence to support or refute it); unfounded (the event did not occur or was not based on facts discovered during the investigation); or exonerated (the alleged incident did occur in fact, but the action of the officer was considered to be reasonable and lawful).

 

Investigation [2(h)]

The term "investigation" is defined under Section 2(h) of the Code of Criminal Procedure. Investigation comprises any processes under this Code for the acquisition of evidence performed by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this regard. The investigation of an offence consists of:

·        Proceeding to the spot.

·        Ascertainment of facts and circumstances of the case.

·        Discovery and arrest of the suspect.

·        Collection of evidence which may include:

·        Examination of persons concerned and reducing their statement to writing.

·        Search and seizure of places and things respectively considered necessary.

Case Law Discussed: In the case of Rupan Deol Bajaj v. K.P.S. Gill (AIR 1996 SC 309) If the magistrate believes that the accused was wrongfully freed, he has the authority to take notice of the matter and direct that the accused be tried for the same offence. But, if he decides to dismiss the case and the complainant has filed a 'protest petition,' the magistrate has the authority to take action. In this instance, a senior police officer slapped a senior lady IAS officer on the backside at a party in the sight of an exclusive gathering, and the Magistrate accepted the final report, filed by the police in the case initiated by the lady officer under Section 144, without giving explanations. As a result, the Supreme Court overturned the ruling and reinstated the case, instructing the Magistrate to proceed with the case notwithstanding the complainant's concerns under Section 210 of the CrPC.

 

 

 

 

 

 


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