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SIKKIM POLICE MANUAL Vol.II SIKKIM POLICE MANUAL VOL - II Volume II First compiled in 2013 by SIKKIM POLICE Gangtok - 737101 Sikkim Website: www.sikkimpolice.nic.in Designed & Printed by REPROMAN 1st Floor, Mani Bhawan, 123 Church Road, Siliguri - 734001 (WB) Tel: +91 353 - 2431258 Fax: +91 353 - 2530645 Email: [email protected] Volume II CONTENTS VOL II Chapter 23 Police Stations, Functions and Management Regulation Subject Page 23.1 Introduction 1 23.2 Police Station Detachments 2 23.3 Meaning and objectives of Beats 4 23.4 Organisation of Rural/Town Beats 5 23.5 Information gathering and other duties of Beat Constables 7 23.6 Details of Information to be gathered on each important item 8 23.7 Beat Area Policing 11 23.8 Checking of Beats 12 23.9 Duties of supervising officers in relation to Beats 13 23.10 Roads and Highway Patrols 13 23.11 Procedure on return of police officers from patrolling or Beat or 13 other service 23.12 Records pertaining to Beats 14 23.13 Point Books 17 23.14 Notice Board and Police Station Name Board 17 23.15 Station Security and Guards 18 23.16 Rotation of duties and Reliefs 18 23.17 Dissemination of Intelligence 18 23.18 Schedule of Training and Instruction 19 23.19 Allocation of Duties 19 23.20 Travelling allowance/food arrangement on deployment 22 23.21 Grant of Leave and Leave Report 22 23.22 Kit Inspection 22 23.23 Development of skills - specialization and self-improvement 23 III Sikkim Police Manual Regulation Subject Page 23.24 Shramdan 26 23.25 Public Relations 26 23.26 Care and custody of Arms and Ammunition 29 23.27 Cash chests of other departments 30 23.28 Lathies and Fire Arms 30 23.29 Fire Fighting Equipment 30 23.30 Necessity of prompt dissemination of information 30 23.31 Criminal Intelligence and Information 31 23.32 Report of probable presence of habitual criminals 31 23.33 Criminal Investigation Gazette (CIG) 31 23.34 Communication of intelligence to areas beyond the State 32 23.35 Deployment of Plain Clothes Men 33 23.36 Roll Call 33 23.37 Duty Roster 33 23.38 Check posts 33 23.39 Armed Outposts 35 23.40 Station House Officer 36 23.41 Other Sub-Inspectors 40 23.42 Asst. Sub-Inspector 40 23.43 Head Constable (General) 41 23.44 Constables (General) 43 Chapter 24 Police Station Records and Registers 24.1 Introduction 47 24.2 Police Station Records & Registers 48 24.3 Use of Integrated Investigation Forms 73 IV Volume II Regulation Subject Page Chapter 25 Registration of Crime and First Information Report 25.1 Introduction 75 25.2 First Information Report (FIR) 75 25.3 FIR - Whom to be sent 77 25.4 Express Reports 78 25.5 Registration of cases reported at police stations other 78 than the jurisdiction police station 25.6 Registration of cases when station limits of 81 occurrence are doubtful 25.7 FIR – its value 81 25.8 Salient points to be remembered in registering and 81 dispatching FIR Chapter 26 Powers and duties of Investigating Officers to investigate Cognizable and Non-cognizable crime 26.1 Power to investigate cognizable and non-cognizable offences 85 26.2 Examination of the scene of offence 86 26.3 Protection of Crime Scene 86 26.4 Recording of the Crime Scene 88 26.5 Sketching the Crime Scene 91 26.6 Crime Scene Observation Notes 99 26.7 Searching the Crime Scene for Physical Evidence 100 26.8 Types of physical evidence normally encountered 104 26.9 Instructions for lifting, packing and forwarding 105 physical evidence 26.10 Chain of custody of physical evidence 108 V Sikkim Police Manual Regulation Subject Page Chapter 27 Collection of Evidence 27.1 Introduction 111 27.2 Nature of Evidence 111 27.3 Types of Evidence 111 27.4 Oral evidence 111 27.5 Admission of police officers on duty to visit jails 112 27.6 Recording of statements of witnesses 113 27.7 Dying declaration 113 27.8 Recording of statements of witnesses and 115 confessions of accused by a Magistrate 27.9 Confessional statements made to the police 115 27.10 Recording the Confessional Statements 115 27.11 Tendering of pardon 116 27.12 Documentary Evidence 117 27.13 Documents required from Bankers 117 27.14 Procedure regarding articles/documents in the custody of 118 Postal or Telecom Departments both Private and Government 27.15 Inspection of Records of Criminal Courts by the Police 119 27.16 Inspection and obtaining of documents in the custody of 119 audit (including Posts and BSNL) offices 27.17 Expert evidence 119 27.18 Circumstantial evidence 120 27.19 Identification 121 27.20 Salient Points of Identification 121 27.21 Identification by Photographs 123 27.22 Identification through Finger and Foot impressions 123 27.23 Previous Conviction or Acquittal 123 27.24 Identification of Property 124 VI Volume II Regulation Subject Page 27.25 Case Diary 124 27.26 Nature & Importance of Case Diary 124 27.27 Contents of Case Diary 125 27.28 The First Case Diary 125 27.29 Details & Description 125 27.30 Copies of Case Diary 126 27.31 The Concluding Case Diary 126 27.32 Role & Responsibility of the Subsequent IOs 126 27.33 Action when Case is transferred to CID 126 27.34 Case Diary in Inquest Case 127 27.35 Progress of Trial to be recorded 127 27.36 Use of Case Diary for Seeking Remands etc 127 27.37 Investigation Abroad and Letters Rogatory 127 27.38 Comprehensive guidelines for Investigation Abroad, 128 issue of Letters Rogatory, extradition request issued by Government of India 27.39 Format and the contents of the Letters Rogatory 135 27.40 Extradition 136 27.41 Position in India 137 Chapter 28 Arrest, Custody, Bail, Remand & Search 28.1 Power of arrest 139 28.2 Arrest Precautions 139 28.3 Conditions necessitating Arrest 140 28.4 Arrest of Children and Women 141 28.5 Rights of Arrested persons (Cr.P.C. Sec. 50, 50A) 141 28.6 Direction to subordinates to arrest 142 VII Sikkim Police Manual Regulation Subject Page 28.7 Requirements laid down by CrPC and Police Act (section 63) 142 should be observed in all cases of arrest or detention 28.8 Guidelines for a Police Officer in making an arrest 143 28.9 Search of the arrested person by the Police 144 28.10 Treatment of the arrested persons 145 28.11 Police Custody 145 28.12 Arrest Reports 146 28.13 Procedure when arrests relate to Government employees, 146 armed forces personnel etc. 28.14 Look out notices/circulars 149 28.15 Red Corner notice 150 28.16 Extradition 150 28.17 Police lock-ups and treatment of persons in custody 153 28.18 Use of handcuffs 154 28.19 Sick prisoners 155 28.20 Scale of accommodation for prisoners 156 28.21 Confinement of other department prisoners in lockup 156 28.22 Escape from Custody 157 28.23 Bail 157 28.24 Remand of arrested accused 159 28.25 Police custody 159 28.26 Searches 160 28.27 Powers of Search 160 28.28 Procedure for Search 161 28.29 Precautions for Conducting Searches 161 28.30 Custody of Property 163 28.31 Disposal of Property if Court declines to take possession 163 28.32 Live-Stock 163 VIII Volume II Regulation Subject Page 28.33 Disposal of the Property coming into the hands of the Police 164 28.34 Recovery of stolen property otherwise than on house 164 search record of material facts 28.35 Reciprocal arrangements between countries for assistance 164 Chapter 29 Scientific Aids to Investigation 29.1 Introduction 165 29.2 Institutions providing Scientific Investigative Aids 166 to the Investigating Officers 29.3 Test houses and test laboratories and other technical 167 institutes available for assistance in criminal cases 29.4 Physical Evidence and its role in Crime Investigation 183 29.5 Crime Scene Processing and Physical Evidence Collection 191 29.6 Recording the Crime Scene 191 29.7 Searching the Crime Scene for Physical Evidence 191 & Role of the Investigating Officer 29.8 Principles and Laws governing Forensic Science 192 29.9 Duties and responsibilities of expert 194 (I.O. when expert is not visiting the scene of crime) 29.10 Ballistics 195 29.11 Biology 197 29.12 Bio-medical 200 29.13 Chemistry 201 29.14 Computer Forensics 203 29.15 DNA 204 29.16 Documents 208 29.17 Forensic Engineering 211 29.18 Narcotics 213 IX Sikkim Police Manual Regulation Subject Page 29.19 Physics 214 29.20 Polygraph 218 29.21 Serology 219 29.22 Toxicology 223 29.23 Quick Check List for the Investigating Officers to ascertain 227 what type of samples to be collected in different types of crimes and which section of FSL handles the analysis 29.24 Miscellaneous Police Equipment for Technical Support 228 29.25 Utility Contexts of Police Equipment 229 29.26 The Maintenance Contexts 232 Chapter 30 Final Disposal and Completion of Investigation 30.1 General 233 30.2 Disposal of cases 234 30.3 Report u/s 173(2) Cr.PC 236 30.4 Charge-sheets 236 30.5 Absconders and Proclaimed Offenders 237 30.6 Juvenile offenders 238 30.7 Conditions for initiation of prosecution 238 30.8 Final Reports 240 30.9 Reopening of the Case 241 30.10 Prosecution of complainant in false cases 241 30.11 Withdrawal of cases - Procedure 241 X Volume II Regulation Subject Page Chapter 31 Prosecution of Cases 31.1 Introduction 243 31.2 Functions and duties of the Prosecutors 244 31.3 Consultation with the Prosecutors 246 31.4 Office of the Court Inspectors 247 31.5 Commencement of Prosecution 248 31.6 Examination of witnesses in Court 248 31.7 Duties of Investigating Officers & Senior Officers 252 31.8 Giving Evidence in Court by Police Officers 253 31.9 Enhancement of Punishment 254 31.10 Prosecution of Witnesses for Perjury 255 31.11 Abscondence of Accused 255 31.12 Examination of Medical Officers 256 31.13 Summoning of Experts 256 31.14 Arguments and Summing up of the Cases 257 31.15 Privilege in Respect
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