Prosecution Under Prosecution Under The BIS Act, 1986 The BIS Act, - - PowerPoint PPT Presentation

Prosecution Under Prosecution Under The BIS Act, 1986 The BIS Act, 1986

a

Presentation by

• Dr. K.P. Singh, IPS

IG, Haryana Police Academy Madhuban

4, February, 2009 NITS BIS, Noida

Lecture Scheme Lecture Scheme

• OFFENCES

OFFENCES

• PUNISHMENT

PUNISHMENT

• SCHEME OF PROSECUTION

SCHEME OF PROSECUTION

• INVESTIGATION OF OFFENCES

INVESTIGATION OF OFFENCES

• POWERS OF INVESTIGATING OFFICER

POWERS OF INVESTIGATING OFFICER

• COLLECTION OF INFORMATION

COLLECTION OF INFORMATION

• CONFIDENTIALITY OF INFORMATION

CONFIDENTIALITY OF INFORMATION

…Contd

Lecture Scheme Lecture Scheme

• SEARCH & SEIZURE

SEARCH & SEIZURE

• COLLECTION OF EVIDENCE

COLLECTION OF EVIDENCE

• ADMISSIBLE EVIDENCE

ADMISSIBLE EVIDENCE

• TRIAL

TRIAL

• PROTECTION FOR ACTION TAKEN

PROTECTION FOR ACTION TAKEN IN GOOD FAITH IN GOOD FAITH

• DIFFICULTIES

DIFFICULTIES

Offences Offences

Section 11 Section 11

► ► No person shall use, in relation to any

No person shall use, in relation to any article or process, or in the title of article or process, or in the title of any any patent patent, or in any , or in any trade mark trade mark or

• r

design the design the Standard Mark Standard Mark

• r any
• r any

colourable colourable imitation imitation thereof thereof, except , except under a under a licence licence. .

► ► No person shall, notwithstanding that

No person shall, notwithstanding that he has been granted a he has been granted a licence licence, use in , use in relation to any article or process the relation to any article or process the Standard Mark or any Standard Mark or any colourable colourable imitation thereof unless such imitation thereof unless such article article

• r process conforms to the Indian
• r process conforms to the Indian

Standard. Standard.

Section 12 Section 12

No person shall, except in such cases and No person shall, except in such cases and under such conditions as may be under such conditions as may be prescribed, use without the previous prescribed, use without the previous permission of the Bureau, permission of the Bureau,-

• a)

a)

• any

any name which so nearly resembles the name which so nearly resembles the name of the Bureau name of the Bureau as to deceive or likely as to deceive or likely to deceive the public or which contains the to deceive the public or which contains the expression expression “ “Indian Standard Indian Standard” ”

• r

any

• r

any abbreviation thereof; or abbreviation thereof; or b) b)

• any mark or trade mark in relation to any

any mark or trade mark in relation to any article

• r

process containing the article

• r

process containing the expressions expressions “ “ Indian Standard Indian Standard” ” or

• r “

“Indian Indian Standard Specification Standard Specification” ” or any abbreviation

• r any abbreviation
• f such expressions.
• f such expressions.

Offences Offences

Offences Offences

Section Section-

• 14

14

If the If the Central Government Central Government, after , after consulting the Bureau, is of the consulting the Bureau, is of the

• pinion

that it is necessary

• f
• pinion

that it is necessary

• f

expedient so to do, expedient so to do, in the public in the public interest, interest, it may, by order published in it may, by order published in the Official Gazette, the Official Gazette,-

• notify any article or process of any

notify any article or process of any scheduled industry which shall scheduled industry which shall conform to the Indian Standard; and conform to the Indian Standard; and

• Direct the use of the

Direct the use of the Standard Mark Standard Mark under a under a licence licence as compulsory on as compulsory on such article such article or process.

• r process.

Offences Offences

Section Section-

• 15

15

(1) (1) The Bureau may, by

The Bureau may, by order,

• rder,

grant, renew, suspend

• r

grant, renew, suspend

• r

cancel a cancel a licence licence in such manner in such manner as may be determined by as may be determined by regulations. regulations.

(2) (2) The grant or renewal of the

The grant or renewal of the licence licence under sub under sub-

• section (1)

section (1) shall be subject to such shall be subject to such conditions and on payment of conditions and on payment of such fees such fees as may be as may be determined by regulations. determined by regulations.

Punishment Punishment

Section Section -

• 33

33

► ►

Any person who contravenes the Any person who contravenes the provisions of provisions of section 11, or section 12 section 11, or section 12

• r section 14 or section 15
• r section 14 or section 15 shall be

shall be punishable with imprisonment for a punishable with imprisonment for a term which may extend to term which may extend to one year or

• ne year or

with fine may extend to fifty thousand with fine may extend to fifty thousand rupees, or with both. rupees, or with both.

► ►

Any court trying a contravention under Any court trying a contravention under sub sub-

• section (1) may direct that any

section (1) may direct that any property in respect of which the property in respect of which the contravention has taken place shall be contravention has taken place shall be forfeited to the Bureau forfeited to the Bureau. .

Scheme of Prosecution Scheme of Prosecution

Section Section-

• 34

34

► ►

No court shall take cognizance of any No court shall take cognizance of any

• ffence punishable under this Act save
• ffence punishable under this Act save
• n a complaint
• n a complaint made by or under the

made by or under the

authority of the Government or authority of the Government or Bureau Bureau or by any officer empowered

• r by any officer empowered

in this behalf by the Government or the in this behalf by the Government or the Bureau, or Bureau, or any consumer

any consumer

• r any
• r any

association association recognized in this behalf

recognized in this behalf by the Central of State Government. by the Central of State Government.

Prosecution Prosecution for Criminal offences for Criminal offences

• FIR case (S. 154

FIR case (S. 154-

• 173

173 Cr.PC Cr.PC) )

• Complaint Case (S. 200

Complaint Case (S. 200-

• 203

203 Cr.PC Cr.PC) )

Prosecution Prosecution for Criminal offences for Criminal offences

Section Section – – 4 4

• All offence under the Indian Penal Code shall

All offence under the Indian Penal Code shall be investigated, inquired into, tried, and be investigated, inquired into, tried, and

• therwise dealt with according to the
• therwise dealt with according to the

provisions of the provisions of the Cr.PC Cr.PC. .

• All offences under any other law shall be

All offences under any other law shall be investigated, inquired into, tried, and investigated, inquired into, tried, and

• therwise dealt with according to the
• therwise dealt with according to the Cr.PC

Cr.PC, , but subject to any enactment for the time but subject to any enactment for the time being in force regulating the manner or place being in force regulating the manner or place

• f investigating, inquiring into, trying or
• f investigating, inquiring into, trying or
• therwise dealing with such offences.
• therwise dealing with such offences.

Investigation of Offences Investigation of Offences

Section Section-

• 25

25

(1) The Bureau may appoint as many (1) The Bureau may appoint as many inspecting

• fficers

as may be inspecting

• fficers

as may be necessary for the purpose

• f

necessary for the purpose

• f

inspecting whether any article or inspecting whether any article or process in relation to which the process in relation to which the Standard Mark has been used Standard Mark has been used conforms to the Indian Standard or conforms to the Indian Standard or whether the Standard Mark has been whether the Standard Mark has been properly used in relation to any article properly used in relation to any article

• r process with or without
• r process with or without licence

licence, and , and for the purpose of performing such for the purpose of performing such

• ther functions as may assigned to
• ther functions as may assigned to

them. them.

…Contd

Investigation of Offences Investigation of Offences

Powers of Inspecting Officers Powers of Inspecting Officers

S.25(2) S.25(2) -

• Subjects to any rules made under

Subjects to any rules made under this Act, an inspecting officer shall this Act, an inspecting officer shall have power to have power to-

• inspect any operation carried on in

inspect any operation carried on in connection with any article or process connection with any article or process in relation to which the Standard Mark in relation to which the Standard Mark has been used; and has been used; and

• take samples of any article or of any

take samples of any article or of any material or substances used in any material or substances used in any article or process, in relation to which article or process, in relation to which the Standard Mark has been used. the Standard Mark has been used.

…Contd

(3) (3) Every inspecting officer shall be Every inspecting officer shall be furnished by the Bureau with a furnished by the Bureau with a certificate

• f

appointment as an certificate

• f

appointment as an inspecting officer and the certificates inspecting officer and the certificates shall, on demand, be produced by the shall, on demand, be produced by the inspecting officer. inspecting officer.

Investigation Investigation

Section 2(H) Section 2(H)

“ “investigation investigation” ” includes all the includes all the proceedings under this Code for proceedings under this Code for the collection

• f

evidence the collection

• f

evidence conducted by a police officer or conducted by a police officer or by any person (other than a by any person (other than a Magistrate) who is authorized by Magistrate) who is authorized by a Magistrate in this behalf; a Magistrate in this behalf;

Investigation Investigation

Para 6.10 Para 6.10 of Enforcement

• f Enforcement

Manual Manual

1.

• 1. On detection of the violation, immediate action

On detection of the violation, immediate action shall be taken by shall be taken by BO to initiate investigations BO to initiate investigations for collection of the necessary evidence for the for collection of the necessary evidence for the purpose of taking purpose of taking prosecutive prosecutive action

• action. An

. An attempt shall be made to collect the evidence, attempt shall be made to collect the evidence, documentary and material, with best possible documentary and material, with best possible linkage between the two, to establish the linkage between the two, to establish the violation and to pin down the person who has violation and to pin down the person who has actually contravened the Law. The evidence actually contravened the Law. The evidence must be collected without and delay to avoid must be collected without and delay to avoid losing it. losing it. 2.

• 2. The onus of proving the violation lies with the

The onus of proving the violation lies with the prosecution.

• prosecution. The evidence, therefore has to be

The evidence, therefore has to be legally tenable legally tenable. .

Inquiry Inquiry

Section 2(G) Section 2(G) “ “inquiry inquiry” ” means every means every inquiry, other than a trial, inquiry, other than a trial, conducted under this Code conducted under this Code by a Magistrate or Court; by a Magistrate or Court;

Complaint Complaint

Section 2(D) Section 2(D)

“ “complaint complaint” ” means any allegation means any allegation made or in writing to a Magistrate, made or in writing to a Magistrate, with a view to his taking action with a view to his taking action under this Code, that some person, under this Code, that some person, whether known or unknown, has whether known or unknown, has committed an offence, committed an offence, but does but does not include a police report. not include a police report.

Inquiry into Complaint Inquiry into Complaint

Section 202(I) Section 202(I)

Any Magistrate, on receipt of a complaint of Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take an offence of which he is authorized to take cognizance or which has been made over to cognizance or which has been made over to him under section 192, may, if he thinks fit, him under section 192, may, if he thinks fit, postpone the issue of process against the postpone the issue of process against the accused, and accused, and either inquire into the case either inquire into the case himself or direct an investigation to be himself or direct an investigation to be made by a police officer or by such other made by a police officer or by such other person as he thinks fit person as he thinks fit, for the purpose of , for the purpose of deciding whether or not there is sufficient deciding whether or not there is sufficient ground for proceeding. ground for proceeding.

…Contd

(3) (3) If an investigation under If an investigation under sub sub-

• section (1) is made by a

section (1) is made by a person not being a police person not being a police

• fficer, he shall have for that
• fficer, he shall have for that

investigation all the powers investigation all the powers conferred by this code on an conferred by this code on an

• fficer in charge of a police
• fficer in charge of a police

station station except the power to except the power to arrest without warrant arrest without warrant. .

Steps in Investigation Steps in Investigation

a) a)

To ascertain and record the facts To ascertain and record the facts concerning the commission

• f

concerning the commission

• f

crime. crime.

b) b)

To identify criminal and his To identify criminal and his accomplices if any; accomplices if any;

c) c)

To arrest and apprehend criminals; To arrest and apprehend criminals;

d) d)

To secure, preserve and evaluate To secure, preserve and evaluate evidence ; and evidence ; and

e) e)

To put evidence in court in a legal To put evidence in court in a legal and presentable form. and presentable form.

…Contd

Steps in Inquiry Steps in Inquiry

1) Collection of information 1) Collection of information 2) Planning raids 2) Planning raids 3) Police help 3) Police help 4) Preservation of crime scene 4) Preservation of crime scene 5) Recording of crime scene 5) Recording of crime scene 6) Sketching the crime scene 6) Sketching the crime scene 7) Photograph of the crime scene 7) Photograph of the crime scene 8) Search of Evidence 8) Search of Evidence 9) Seizure of exhibits 9) Seizure of exhibits 10) Recording of documentary/oral evidence 10) Recording of documentary/oral evidence 11) Drafting of Complaints 11) Drafting of Complaints 12) Administrative/legal sanction/approval 12) Administrative/legal sanction/approval 13) Filing of complaint to the court 13) Filing of complaint to the court 14) Follow up action 14) Follow up action

Collection of Information Collection of Information

1) 1)

Consumer Consumer

2) 2)

Consumer Association Consumer Association

3) 3)

Non Non-

• Govt. Organization
• Govt. Organization

4) 4)

Informers Informers

5) 5)

Departmental surveys/Inspections Departmental surveys/Inspections

6) 6)

Competitors in Business Competitors in Business

7) 7)

Business Firms Business Firms

8) 8)

State and Centre intelligence agencies State and Centre intelligence agencies

9) 9)

State Police State Police

10) 10)

Anonymous Caller Anonymous Caller

11) 11)

Departmental Employees Departmental Employees

12) 12)

News papers/Journals News papers/Journals

13) 13)

Exhibitions/displays in market Exhibitions/displays in market

14) 14)

Raids by sister agencies Raids by sister agencies

15) 15)

Consumer Courts Consumer Courts

Confidentiality of Information Confidentiality of Information

Section 30 Section 30

Any information

• btained

by an Any information

• btained

by an inspecting officer or the Bureau from inspecting officer or the Bureau from any statement made or information any statement made or information supplied or any evidence given or from supplied or any evidence given or from inspection made under the provisions of inspection made under the provisions of this Act shall be treated as confidential this Act shall be treated as confidential: : Provided that nothing in this section Provided that nothing in this section shall apply to the disclosure of any shall apply to the disclosure of any information for the purpose

• f

information for the purpose

• f

prosecution under this Act. prosecution under this Act.

Right to Information and Right to Information and Confidentiality of Information Confidentiality of Information

Section Section-

• 8(G)

8(G)

Information, the disclosure of Information, the disclosure of which would endanger the life or which would endanger the life or physical safety of any person or physical safety of any person or identify the source of information identify the source of information

• r assistance given in confidence
• r assistance given in confidence

for law enforcement or security for law enforcement or security purposes; purposes;

Planning Raids Planning Raids

• Credibility of Information

Credibility of Information

• Raccy

Raccy

• Composition of Raiding Party

Composition of Raiding Party

• Time of Raid

Time of Raid

• Confidentiality

Confidentiality

• Transport

Transport

• Administrative approval

Administrative approval

• Fixing targets for member of the raiding party

Fixing targets for member of the raiding party

• Police help for protection

Police help for protection

• Disclose identity and authority

Disclose identity and authority

• Quick action

Quick action

• Avoid altercation/discussion

Avoid altercation/discussion

• Surveillance over surroundings

Surveillance over surroundings

• Timely retreat

Timely retreat

• Report to the Police

Report to the Police

• Report to the Seniors

Report to the Seniors

• Acknowledgement of help

Acknowledgement of help

Police Help Police Help

• Section 23 Police Act, 1861

Section 23 Police Act, 1861

• Written request for Police help

Written request for Police help

• Confidentiality of Raid

Confidentiality of Raid

• Written order for the S.H.O for help

Written order for the S.H.O for help

• Co

Co-

• ordination with the S.P.
• rdination with the S.P.
• Acknowledgement

Acknowledgement

Preservation Preservation

• f
• f

Crime scene Crime scene

Recording Recording

• f
• f

Crime scene Crime scene

Sketching Sketching the the crime scene crime scene

Photograph Photograph

• f
• f

crime scene crime scene

Search for Evidence Search for Evidence

Section Section -

• 26

26

► ►

If the inspecting officer has reason to If the inspecting officer has reason to believe that any article or process in believe that any article or process in relation to which the contravention of relation to which the contravention of section 11 or section 12 has taken place section 11 or section 12 has taken place are secreted in any place, premises or are secreted in any place, premises or vehicles, he may enter into and search vehicles, he may enter into and search such place, premises or vehicle for such such place, premises or vehicle for such article or process. article or process.

► ►

Where, as a result of any search made Where, as a result of any search made under sub under sub-

• section (1), any article or

section (1), any article or process has been found in relation to which process has been found in relation to which contravention of section 11 or section 12 contravention of section 11 or section 12 has taken place, he may seize such article has taken place, he may seize such article and other things which, in his opinion, will and other things which, in his opinion, will be useful for,

• r

relevant to, any be useful for,

• r

relevant to, any proceeding under this Act: proceeding under this Act:

…Contd

Provided that where it is not practicable Provided that where it is not practicable to seize any such article or thing, the to seize any such article or thing, the inspecting officer may serve on the inspecting officer may serve on the

• wner an order that he shall not
• wner an order that he shall not

remove, part with, or otherwise deal remove, part with, or otherwise deal with, the article or things except with with, the article or things except with the previous permission

• f

the the previous permission

• f

the inspecting officer. inspecting officer. (3) The provision

• f

the (3) The provision

• f

the

Code of Code of Criminal Procedure, Criminal Procedure, 1973, relating to

1973, relating to searches and seizures shall, so far as searches and seizures shall, so far as may be, apply to every search or seizure may be, apply to every search or seizure made under this section. made under this section.

Personal Search Personal Search

Section Section-

• 51

51

► ►

Whenever a person is arrested by a Whenever a person is arrested by a police office under a warrant which police office under a warrant which does not provide for the taking of does not provide for the taking of bail, or under a warrant which bail, or under a warrant which provides for the taking of bail but provides for the taking of bail but the person arrested cannot furnish the person arrested cannot furnish bail, and bail, and whenever a person is arrested whenever a person is arrested without warrant, or by a private without warrant, or by a private person under a warrant and cannot person under a warrant and cannot legally be admitted to bail or is legally be admitted to bail or is unable to furnish bail. unable to furnish bail.

… …Contd Contd

the officer making the arrest or, when the officer making the arrest or, when the arrest is made by a private person, the arrest is made by a private person, the police officer to whom he makes the police officer to whom he makes

• ver the person arrested, any search
• ver the person arrested, any search

such person, and place in safe custody such person, and place in safe custody all articles,

• ther

than necessary all articles,

• ther

than necessary wearing wearing-

• apparel, found upon him and

apparel, found upon him and where any article is seized from the where any article is seized from the arrested person, a receipt showing the arrested person, a receipt showing the articles taken in possession by the police articles taken in possession by the police

• fficer shall be given to such person.
• fficer shall be given to such person.

(2) Whenever it is necessary to cause a (2) Whenever it is necessary to cause a female to be searched, the search shall female to be searched, the search shall be made by another female with strict be made by another female with strict regard to decency. regard to decency.

Search of Premises Search of Premises

Section Section-

• 100

100

(1) (1)Whenever any place liable to search or

Whenever any place liable to search or inspection under this Chapter is closed, inspection under this Chapter is closed, any person residing in, or being in any person residing in, or being in charge of, such place, shall, on demand charge of, such place, shall, on demand

• f the officer or other person executing
• f the officer or other person executing

the warrant, and on production of the the warrant, and on production of the warrant, allow him free ingress thereto, warrant, allow him free ingress thereto, and afford all reasonable facilities for a and afford all reasonable facilities for a search therein. search therein.

(2) (2) If ingress into such place cannot be so

If ingress into such place cannot be so

• btained, the officer or other person
• btained, the officer or other person

executing the warrant may proceed in executing the warrant may proceed in the manner provided by sub the manner provided by sub-

• section (2)

section (2)

• f section 47.
• f section 47.

…contd

Search of Premises Search of Premises

Section Section-

• 100

100

(3) Where any person in or about such place is (3) Where any person in or about such place is reasonably suspected of concealing about his reasonably suspected of concealing about his person any article for which search should be person any article for which search should be made, such person may be searched and if such made, such person may be searched and if such person is a woman, the search shall be made by person is a woman, the search shall be made by another woman with strict regard to decency another woman with strict regard to decency (4) Before making a search under this Chapter, (4) Before making a search under this Chapter, the officer or other person about to make it the officer or other person about to make it shall call upon two or more independent and shall call upon two or more independent and respectable inhabitants of the locality in which respectable inhabitants of the locality in which the place to be searched is situate or of any the place to be searched is situate or of any

• ther locality if no such inhabitant of the said
• ther locality if no such inhabitant of the said

locality is available or is willing to be a witness locality is available or is willing to be a witness to the search, to attend and witness the search to the search, to attend and witness the search and may issue an order in writing to them or and may issue an order in writing to them or any of them so to do. any of them so to do. …contd

Search of Premises Search of Premises

Section Section-

• 100

100

(5) The search shall be made in their presence, (5) The search shall be made in their presence, and a list of all things seized in the course of and a list of all things seized in the course of such search and of the places in which they such search and of the places in which they are respectively found shall be prepared by are respectively found shall be prepared by such officer or other person and signed by such officer or other person and signed by such witnesses; but no person witnessing a such witnesses; but no person witnessing a search under this section shall be required to search under this section shall be required to attend the Court as a witness of the search attend the Court as a witness of the search unless specially summoned by it. unless specially summoned by it. (6) The occupant of the place searched, or some (6) The occupant of the place searched, or some person in his behalf, shall, in every instance, person in his behalf, shall, in every instance, be permitted to attend during the search, and be permitted to attend during the search, and a copy of the list prepared under this section, a copy of the list prepared under this section, signed by the said witnesses, shall be signed by the said witnesses, shall be delivered to such occupant or person. delivered to such occupant or person.

…contd

Search of Premises Search of Premises

Section Section-

• 100

100

(7) When any person is searched under (7) When any person is searched under sub sub-

• section (3), a list of all things taken

section (3), a list of all things taken possession of shall be prepared, and a possession of shall be prepared, and a copy thereof shall be delivered to such copy thereof shall be delivered to such person. person. (8) Any person who, without reasonable (8) Any person who, without reasonable cause, refuse or neglects to attend and cause, refuse or neglects to attend and witness a search under this section; witness a search under this section; when called upon to do so by an order in when called upon to do so by an order in writing delivered or tendered to him, writing delivered or tendered to him, shall be deemed to have committed an shall be deemed to have committed an

• ffence under section 187 of the Indian
• ffence under section 187 of the Indian

Penal Code (45 of 1860) Penal Code (45 of 1860)

Search Search

Section 47 (2) Section 47 (2)

If ingress to such place cannot be obtained If ingress to such place cannot be obtained under sub under sub-

• section (1), it shall be lawful in

section (1), it shall be lawful in any case for a person acting under a warrant any case for a person acting under a warrant and in any case in which a warrant may and in any case in which a warrant may issue, but cannot be obtained without issue, but cannot be obtained without affording the person to be arrested an affording the person to be arrested an

• pportunity of escape, for a police officer to
• pportunity of escape, for a police officer to

enter such place and search therein, and enter such place and search therein, and in in

• rder to effect an entrance into the place, to
• rder to effect an entrance into the place, to

break open any outer or inner door or break open any outer or inner door or window of any house or place window of any house or place, whether that , whether that

• f the person to be arrested or of any other
• f the person to be arrested or of any other

person, if after notification of his authority person, if after notification of his authority and purpose, and demand of admittance and purpose, and demand of admittance duly made, he cannot otherwise obtain duly made, he cannot otherwise obtain admittance: admittance:

Search Search

Section 187 I PC Section 187 I PC

Omission to assist servant when Omission to assist servant when bound by law to give assistance bound by law to give assistance

Whoever, being bound by law to render

• r furnish assistance to any public servant

in the execution of his public duty,

Intentionally omits to give such assistance,

shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees,

• r with both:

(Non Cognizance , Bailable)

Search Warrant Search Warrant

Section 93(1) Section 93(1)

C. C.

where the Court considers that the where the Court considers that the purposes of any inquiry, trial or purposes of any inquiry, trial or

• ther proceeding under this Code
• ther proceeding under this Code

will be served by a general search or will be served by a general search or inspection, inspection,

• it may issue a search

it may issue a search – –warrant; and warrant; and the person to whom such warrant is the person to whom such warrant is directed, may search or inspect in directed, may search or inspect in accordance therewith and the accordance therewith and the provisions hereinafter contained. provisions hereinafter contained.

Search by Police Officer Search by Police Officer

Section 165 Section 165

(1) (1) Whenever an officer

Whenever an officer-

• in

in-

• charge of a police

charge of a police station

• r

a police

• fficer

making an station

• r

a police

• fficer

making an investigation has investigation has reasonable grounds for reasonable grounds for believing believing that anything necessary for the that anything necessary for the purposes of an investigation into any offence purposes of an investigation into any offence which he is authorized to investigate may be which he is authorized to investigate may be found in any place within the limits of the found in any place within the limits of the police station of which he is police station of which he is – –charge, or to charge, or to which he is attached, and that such thing which he is attached, and that such thing cannot in his opinion be otherwise obtained cannot in his opinion be otherwise obtained without undue delay, such officer may, without undue delay, such officer may, after after recording in writing the grounds of his belief recording in writing the grounds of his belief and specifying in such writing, so far as and specifying in such writing, so far as possible, the thing for which search is to be possible, the thing for which search is to be made, made, search or cause search to be made search or cause search to be made, , for such thing in any place within the limits for such thing in any place within the limits

• f such station.
• f such station.

Principles of Investigation Principles of Investigation

• Patience

Patience

• Preparation

Preparation

• Procedure

Procedure

• Prosecution

Prosecution

• Pairavi

Pairavi

• Protection

Protection

Collection of Evidence Collection of Evidence

…contd

Evidence

Section – 3

Evidence means and includes (i) Oral evidence i.e. statement made by a witness in relation to matter before the court. (ii) Documentary evidence i.e. documents produced before the court for inspection. > The definition is inclusive and not complete. There are

• ther things also to which the court take notice in the court

proceedings like Case Property, Question asked by the judge, Report of local commission etc.

Evidentiary Value

Means value attached to a thing by the court as an evidence. Court can attach value to a thing as an evidence only when 1. It is Relevant (R) 2. It is Admissible (A) 3. It is given by a Witness (W)

What is Relevant ?

Relevant means

(i) Connected and (ii) Admissible

• All relevant facts may not be admissible
• A relevant fact may not be admissible by reason of

i) Public Policy (Privileged Communication) ii) Constitutional Validity (Article 20 (3) iii) Legal declarations (S. 24 & 25 IEA)

• Only those relevant facts are admissible which are

declared so in sections from S.5 – 55 of IEA

Witness

(i) Competent to depose (Insanity etc.) (ii) Can understand the question and give its rational answer.

Fundamental Rules of Evidence

(i) Best evidence should be given in each case. Direct evidence is the best evidence. (i) Evidence must be confined to relevant fact (ii) Hearsay evidence should not be admitted. but There is one exception to the above 3 rules and i.e. expert opinion u/s 45 IEA

Expert’s Opinion

• S. 45 When opinion of third person is relevant

When the court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting or finger impression, the opinion upon that point, of persons specially skilled in such foreign law, science or art or in questions as to impressions are relevant facts. Such person are called experts.

Expert’s Opinion

• S. 293 Cr.PC

The report of certain Govt. Scientific experts may be used as evidence in proceeding under the Cr.PC. Such report is admissible as evidence per se. The

• Govt. Scientific expert may not be called in the court for deposition. He may

depute his assistant also to give evidence in the court on his report unless specifically directed by the court for personal appearance in the court for

• deposition. Such government scientific experts are listed in section 293 (4) and

they are - (a) Chemical examiner or Asstt. Chemical examiner to Govt. (b) Chief Inspector of Explosive (c) Director FPB

(d) Director, Haffkeine Institute Bombay

(e) Director, DD, AD of CFSL or State FSL (f) Serologist to the Govt. It does not mean that only above named experts are the only experts. It only means that their evidence/report is admissible per se in the court. Other experts have to come personally to depose in the court and their report per se is not admissible. Reports of certain Govt. Scientific experts admissible per se

Who is an expert ?

An expert is one who has acquired special knowledge, skill or experience in any science, art, trade or profession; such knowledge may have been acquired by practice, observation or careful studies.

Who is an expert ?

• 1. Collector Jabalpur v. A.Y. Jahangir (AIR) 1971 MP 32.

A person having special knowledge of market value of land by experience is an expert.

• 2. Section 53 Cr.PC – A registered medical

practiceinner (R.M.P.) is an expert

Evidentiary Value of Expert Opinion

• 1. Las society of India V Fertilize & Chemicals Travancore Ltd,

(AIR 1994 Ker 308)

Expert opinion is not necessarily binding on the court

• 2. U. Jhansi Lakshmi Bai V J Venkatesware Rao (1993) 3 ALT 446

Mere opinion of the expert can not over ride the positive evidence of the attesting witness

• 3. Forest Range Officer V P. Mohammad Ali (AIR 1994 SC 120)

Expert opinion was only the opinion evidence. It is weak

• evidence. It require corroboration. It does not help court

in interpretation …contd

4. S Gopal Reddy V State of AP (1996) 4 SCC 596

Evidence of an expert is a weak type of evidence and is not a conclusive proof. It is not safe to rely upon the same without seeking corroborate

5.

When there is contradiction between oral evidence and expert opinion, the oral evidence would prevail

6.

Expert opinion requires corroboration to form the basis of conviction

Evidentiary Value of Expert Opinion

Pre requisite of expert evidence

Before expert opinion can be admitted, two things must be proved

(i) Subject is such that expert opinion is necessary i.e. a subject matter of science, art, foreign law, identification of handwriting and finger print etc as defined in S. 45 IEA (ii) Witness in question is an expert (Parat V Bissessar ILR 39 Cal 245)

Search and Seizure Search and Seizure

Para 6.10.2.3. Para 6.10.2.3.

Procedure/Guidelines for Procedure/Guidelines for Actual Process of Search Actual Process of Search and Seizure and Seizure

Protection for action taken Protection for action taken in good faith in good faith

Section Section-

• 31

31

All members, officers and other All members, officers and other employees of the Bureau shall be employees of the Bureau shall be deemed, when acting

• r

deemed, when acting

• r

purporting to act in pursuance of purporting to act in pursuance of any of the provisions of this Act, any of the provisions of this Act, to be public servants within the to be public servants within the meaning of section 21 the Indian meaning of section 21 the Indian Penal Code. Penal Code.

…Contd

No suit, prosecution or other legal No suit, prosecution or other legal proceeding shall lie against the proceeding shall lie against the Government or any officer of the Government or any officer of the Government or any member, officer Government or any member, officer

• r other employee of the Bureau for
• r other employee of the Bureau for

anything which is in good faith anything which is in good faith done or intended to be done under done or intended to be done under this Act or the rules or regulations this Act or the rules or regulations made there under. made there under.

Trial Trial

Section Section-

• 34

34

(2) (2) No court inferior to that of a No court inferior to that of a

Metropolitan Magistrate Metropolitan Magistrate or a

• r a

Judicial Magistrate of the Judicial Magistrate of the first class first class specially empowered

specially empowered in this behalf shall try offence in this behalf shall try offence punishable under this Act. punishable under this Act.

Difficulties Difficulties

Section Section-

• 37

37

The Central Government may, by The Central Government may, by notification in the Official Gazette, notification in the Official Gazette, make rules for carrying out the make rules for carrying out the purpose of this Act. purpose of this Act.

(a) (a)

the conditions subject to which the conditions subject to which inspecting officer may exercise his inspecting officer may exercise his powers under sub powers under sub-

• section (2) of

section (2) of section 25; section 25;

(b) (b)

any other matter which is to be, or any other matter which is to be, or may be, prescribed, or in respect of may be, prescribed, or in respect of which provision is to be, or may be, which provision is to be, or may be, made by rules. made by rules.

Cheating Cheating

Section 415 Section 415

Whoever, by deceiving any person Whoever, by deceiving any person fraudulently or dishonestly induces the fraudulently or dishonestly induces the person so deceived to deliver any property person so deceived to deliver any property to any person, or to consent that any to any person, or to consent that any person shall retain any property,

• r

person shall retain any property,

• r

intentionally induces the person so deceived intentionally induces the person so deceived to do or omit to do anything which he to do or omit to do anything which he would not do or omit if he were not so would not do or omit if he were not so deceived, and which act of omission causes deceived, and which act of omission causes

• r is likely to cause damage or harm to that
• r is likely to cause damage or harm to that

person in body, mind, reputation

• r

person in body, mind, reputation

• r

property, is said to property, is said to “ “cheat cheat” ” Explanation Explanation-

• A dishonest concealment of

A dishonest concealment of facts is a deception within the meaning of facts is a deception within the meaning of this section this section. .

Section 415 Section 415

I llustration I llustration

(b) (b) A, by putting a counterfeit mark

A, by putting a counterfeit mark

• n a article, intentionally deceives Z
• n a article, intentionally deceives Z

into a belief that article was made by into a belief that article was made by a certain celebrated manufacturer, a certain celebrated manufacturer, and thus dishonesty induces Z to buy and thus dishonesty induces Z to buy and pay for the article . A cheats. and pay for the article . A cheats.

(c) (c)

A, by exhibiting to Z a false A, by exhibiting to Z a false sample of an article, intentionally sample of an article, intentionally deceives Z into believing that the deceives Z into believing that the article corresponds with the sample, article corresponds with the sample, and thereby dishonestly induces Z to and thereby dishonestly induces Z to buy and pay for the article. A cheats. buy and pay for the article. A cheats.

Other Offences Other Offences

• Section 467 IPC (Forgery)

Section 467 IPC (Forgery)

• Section 471 IPC

Section 471 IPC (Using forged documents) (Using forged documents)

• Copy Right Act

Copy Right Act

Section 38 Cr.P.C Section 38 Cr.P.C

When a warrant is directed to a When a warrant is directed to a person

• ther

than a police person

• ther

than a police

• fficer, any other person may aid
• fficer, any other person may aid

in the execution of such warrant, in the execution of such warrant, if the person to whom the if the person to whom the warrant is directed be near at warrant is directed be near at hand and acting in the execution hand and acting in the execution

• f the warrant.
• f the warrant.

Notice for Search Notice for Search

FORM No. 25.23 (1) (a) FORM No. 25.23 (1) (a)

________ Police Station ________ District Notice of ________ Police Station ________ District Notice of search in the case of __________ FIR No. __________ search in the case of __________ FIR No. __________ dated ______ offence dated ______ offence Section 165/166 Cr.P.C Section 165/166 Cr.P.C

4 4 3 3 2 2 1 1 Reasons for which Reasons for which the search to be the search to be made made Articles to be Articles to be searched for searched for Name, parentage, Name, parentage, residence and caste residence and caste

• f the person to be
• f the person to be

searched searched Date and Place of Date and Place of search search

Sd/- Signature of office-in-charge Endorsement in case the officer causing search to made is unable to conduct on person I hereby authorize _________________ to conduct the search as I am unable to conduct it in person for the following reasons:- Signature of Investing Officer.

Order under section 100 (4) Cr.P.C, requiring attendance Order under section 100 (4) Cr.P.C, requiring attendance

• f a witness at a search
• f a witness at a search

FIR No. ____ dated ________ Section ______ FIR No. ____ dated ________ Section ______ Police Station ________ Police Station ________ To _____________ To _____________ WHEREAS it is necessary to make a search in the above WHEREAS it is necessary to make a search in the above Mentioned case of the house/shop of _____ situated ____ in Mentioned case of the house/shop of _____ situated ____ in ______ therefore I, ______ Call upon you to attend at the ______ therefore I, ______ Call upon you to attend at the aforesaid _____ at _________ to witness the search. aforesaid _____ at _________ to witness the search. _______________________________________________ _______________________________________________ N.B. N.B.-

• Failure to attend without reasonable cause is punishable

Failure to attend without reasonable cause is punishable under section 187, IPC. under section 187, IPC. Dated Dated Signature and Signature and designation of the officer designation of the officer conducting the search. conducting the search.

Form of search list prescribed by section 100 Cr.P.C. Form of search list prescribed by section 100 Cr.P.C.

FORM No. 25.23 (1) (c) FORM No. 25.23 (1) (c)

FI R No. FI R No. Dated Dated Police Station Police Station

The house of ______, son of _______ caste _______ resident of vi The house of ______, son of _______ caste _______ resident of village llage _______, was searched in the presence of the under mentioned wit _______, was searched in the presence of the under mentioned witness ness and the following articles were recovered and taken into possess and the following articles were recovered and taken into possession by ion by the police on the statement and indication of _________, son of the police on the statement and indication of _________, son of _______, caste _______, village ______, accused in the above men _______, caste _______, village ______, accused in the above mentioned tioned case.* case.* * Cross out if not applicable * Cross out if not applicable

Article Article Place from which recovered Place from which recovered

1. 1. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6. Name and signature Name and signature Signature and designation of Signature and designation of

• f the witness
• f the witness

the officer conducting the the officer conducting the search. search.

Queries Queries

1 1

Whether search & seizure operation is necessary to Whether search & seizure operation is necessary to build up enforcement case or can be filed based on build up enforcement case or can be filed based on the evidence collected during discreet investigations. the evidence collected during discreet investigations. If it is so, which types of evidences are required for If it is so, which types of evidences are required for filing the case? filing the case?

Answer: Answer:-

• Section 200, 202

Section 200, 202

Section Section -

• 200

200

A Magistrate taking cognizance of an A Magistrate taking cognizance of an

• ffence on complaint shall examine upon
• ffence on complaint shall examine upon
• ath the complainant and the witnesses
• ath the complainant and the witnesses

present, if any, and the substance of present, if any, and the substance of such examination shall be reduced to such examination shall be reduced to writing and shall be signed by the writing and shall be signed by the complainant and the witnesses, and by complainant and the witnesses, and by the Magistrate: the Magistrate: Provided that, when the complaint is Provided that, when the complaint is made in writing , the Magistrate need not made in writing , the Magistrate need not examine the complainant and the examine the complainant and the witnesses witnesses-

• (a) If a public servant acting or purporting

(a) If a public servant acting or purporting to act in the discharge of his official to act in the discharge of his official duties

• r

a Court has made the duties

• r

a Court has made the complaint; complaint;

Inquiry into Complaint Inquiry into Complaint

Section 202(I) Section 202(I)

Any Magistrate, on receipt of a complaint of Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take an offence of which he is authorized to take cognizance or which has been made over to cognizance or which has been made over to him under section 192, may, if he thinks fit, him under section 192, may, if he thinks fit, postpone the issue of process against the postpone the issue of process against the accused, and accused, and either inquire into the case either inquire into the case himself or direct an investigation to be himself or direct an investigation to be made by a police officer or by such other made by a police officer or by such other person as he thinks fit person as he thinks fit, for the purpose of , for the purpose of deciding whether or not there is sufficient deciding whether or not there is sufficient ground for proceeding. ground for proceeding.

…Contd

(3) (3) If an investigation under sub If an investigation under sub-

• section (1) is made by a person

section (1) is made by a person not being a police officer, he shall not being a police officer, he shall have for that investigation all the have for that investigation all the powers conferred by this code on powers conferred by this code on an officer in charge of a police an officer in charge of a police station station except the power to arrest except the power to arrest without warrant without warrant.

.

Queries Queries

2 2

Whether case of misuse of ISI Mark can Whether case of misuse of ISI Mark can be filed based on FIR filed with Police be filed based on FIR filed with Police authorities? authorities? Answer: Answer:-

• Section 420, 467 & 471 IPC

Section 420, 467 & 471 IPC

Cheating Cheating

Section 415/ 420 Section 415/ 420

Whoever, by deceiving any person Whoever, by deceiving any person fraudulently or dishonestly induces the fraudulently or dishonestly induces the person so deceived to deliver any property person so deceived to deliver any property to any person, or to consent that any to any person, or to consent that any person shall retain any property,

• r

person shall retain any property,

• r

intentionally induces the person so deceived intentionally induces the person so deceived to do or omit to do anything which he to do or omit to do anything which he would not do or omit if he were not so would not do or omit if he were not so deceived, and which act of omission causes deceived, and which act of omission causes

• r is likely to cause damage or harm to that
• r is likely to cause damage or harm to that

person in body, mind, reputation

• r

person in body, mind, reputation

• r

property, is said to property, is said to “ “cheat cheat” ” Explanation Explanation-

• A dishonest concealment of

A dishonest concealment of facts is a deception within the meaning of facts is a deception within the meaning of this section this section. .

Section 415 Section 415

I llustration I llustration

(b) (b) A, by putting a counterfeit mark

A, by putting a counterfeit mark

• n a article, intentionally deceives Z
• n a article, intentionally deceives Z

into a belief that article was made by into a belief that article was made by a certain celebrated manufacturer, a certain celebrated manufacturer, and thus dishonesty induces Z to buy and thus dishonesty induces Z to buy and pay for the article . A cheats. and pay for the article . A cheats.

(c) (c)

A, by exhibiting to Z a false A, by exhibiting to Z a false sample of an article, intentionally sample of an article, intentionally deceives Z into believing that the deceives Z into believing that the article corresponds with the sample, article corresponds with the sample, and thereby dishonestly induces Z to and thereby dishonestly induces Z to buy and pay for the article. A cheats. buy and pay for the article. A cheats.

Queries Queries

3 3

Independent witness is necessary during Independent witness is necessary during search & seizure operation. Whether police search & seizure operation. Whether police personnel can be considered as independent personnel can be considered as independent witnesses? witnesses?

Answer: Answer:-

• YES

YES

Queries Queries

4 4

If during search & seizure operation the If during search & seizure operation the

• wner or the person available refuses to sign
• wner or the person available refuses to sign

seizure memo, what course of action is seizure memo, what course of action is required to be followed during the search & required to be followed during the search & seizure operation. seizure operation.

Queries Queries

5 5

If during search & seizure operation the premise If during search & seizure operation the premise is locked from inside or it is not being opened and is locked from inside or it is not being opened and the manufacturing activities are going on, what the manufacturing activities are going on, what actions can be taken under these circumstances actions can be taken under these circumstances under the provision of Cr. PC? under the provision of Cr. PC? Answer: Answer:-

• Section 26 (3) BIS Act, Read with

Section 26 (3) BIS Act, Read with Sections 100 (1) & (2) And Section 47 Sections 100 (1) & (2) And Section 47 (2) of Cr.P.C (2) of Cr.P.C

(3) The provision of the (3) The provision of the Code of

Code of Criminal Procedure, Criminal Procedure,

1973, 1973, relating to searches and seizures relating to searches and seizures shall, so far as may be, apply to shall, so far as may be, apply to every search or seizure made every search or seizure made under this section. under this section.

Search of Premises Search of Premises

Section Section-

• 100

100

(1) (1)Whenever any place liable to search or

Whenever any place liable to search or inspection under this Chapter is closed, inspection under this Chapter is closed, any person residing in, or being in any person residing in, or being in charge of, such place, shall, on demand charge of, such place, shall, on demand

• f the officer or other person executing
• f the officer or other person executing

the warrant, and on production of the the warrant, and on production of the warrant, allow him free ingress thereto, warrant, allow him free ingress thereto, and afford all reasonable facilities for a and afford all reasonable facilities for a search therein. search therein.

(2) (2) If ingress into such place cannot be so

If ingress into such place cannot be so

• btained, the officer or other person
• btained, the officer or other person

executing the warrant may proceed in executing the warrant may proceed in the manner provided by sub the manner provided by sub-

• section (2)

section (2)

• f section 47.
• f section 47.

Search Search

Section 47 (2) Section 47 (2)

If ingress to such place cannot be obtained If ingress to such place cannot be obtained under sub under sub-

• section (1), it shall be lawful in

section (1), it shall be lawful in any case for a person acting under a warrant any case for a person acting under a warrant and in any case in which a warrant may and in any case in which a warrant may issue, but cannot be obtained without issue, but cannot be obtained without affording the person to be arrested an affording the person to be arrested an

• pportunity of escape, for a police officer to
• pportunity of escape, for a police officer to

enter such place and search therein, and enter such place and search therein, and in in

• rder to effect an entrance into the place, to
• rder to effect an entrance into the place, to

break open any outer or inner door or break open any outer or inner door or window of any house or place window of any house or place, whether that , whether that

• f the person to be arrested or of any other
• f the person to be arrested or of any other

person, if after notification of his authority person, if after notification of his authority and purpose, and demand of admittance and purpose, and demand of admittance duly made, he cannot otherwise obtain duly made, he cannot otherwise obtain admittance: admittance:

Queries Queries

6 6

If, during search & 'seizure operation, all the If, during search & 'seizure operation, all the persons available at the place of offence persons available at the place of offence escape, what procedure under escape, what procedure under Cr.PC Cr.PC should should be followed for seizing the material and be followed for seizing the material and preparing the seizure memo? preparing the seizure memo?

Queries Queries

7 7

During the search & seizure operation, can During the search & seizure operation, can the entire manufacturing machinery be seized the entire manufacturing machinery be seized as a part of evidence for proving the offence as a part of evidence for proving the offence

• n part of the offender?
• n part of the offender?

Answer: Answer:-

• YES

YES

Queries Queries

8 8

If the offender refuses to open the If the offender refuses to open the godown godown in which spurious material is in which spurious material is stored, what provisions are available under stored, what provisions are available under Cr.P.C to seize such material? Cr.P.C to seize such material? Answer: Answer:-

• Same as query no. 5

Same as query no. 5

Queries Queries

9 9

During the search & seizure operation, tools / During the search & seizure operation, tools / equipments of using BIS Standard Mark, such as, equipments of using BIS Standard Mark, such as, printing machine, roller, metal parts are seized printing machine, roller, metal parts are seized but no material is available, would it be possible but no material is available, would it be possible to file a case against the offender? to file a case against the offender?

Queries Queries

10 10

In case the manufacturer is not pinned, In case the manufacturer is not pinned, whether search & Seizure operation can be whether search & Seizure operation can be conducted at the dealer who is supplying conducted at the dealer who is supplying spurious material to get evidence against the spurious material to get evidence against the manufacturer? manufacturer?

Answer: Answer:-

• YES

YES

Queries Queries

11 11

If the dealer / trader / shopkeeper who is If the dealer / trader / shopkeeper who is supplying spurious ISI marked material does supplying spurious ISI marked material does not reveal the source of procurement or the not reveal the source of procurement or the manufacturer's name and address, can a case manufacturer's name and address, can a case be filed under BIS Act against the dealer / be filed under BIS Act against the dealer / trader / shopkeeper? trader / shopkeeper? Answer: Answer:-

• YES (Section 11 BIS Act and

YES (Section 11 BIS Act and 420 IPC, 179 IPC) 420 IPC, 179 IPC)

Queries Queries

12 12

Whether any action or search & seizure Whether any action or search & seizure

• peration can be conducted by BIS on the
• peration can be conducted by BIS on the

manufacturer producing goods without ISI manufacturer producing goods without ISI mark when he is not permitted to do so as the mark when he is not permitted to do so as the product being, manufactured has been brought product being, manufactured has been brought through Quality Control Order under Section 14 through Quality Control Order under Section 14

• f the BIS Act?
• f the BIS Act?

Answer: Answer:-

• YES (BIS Act & IPC)

YES (BIS Act & IPC)

Queries Queries

13 13

Whether BIS Inspecting Officer is Whether BIS Inspecting Officer is permitted to conduct search & seizure permitted to conduct search & seizure

• peration for violation of section 14 of
• peration for violation of section 14 of

the BIS Act? the BIS Act?

Answer: Answer:-

• YES (Section 25(2)

YES (Section 25(2)

Investigation of Offences Investigation of Offences

Powers of Inspecting Officers Powers of Inspecting Officers

S.25(2) S.25(2) -

• Subjects to any rules made

Subjects to any rules made under this Act, an inspecting officer under this Act, an inspecting officer shall have power to shall have power to-

• inspect any operation carried on in

inspect any operation carried on in connection with any article or process connection with any article or process in relation to which the Standard Mark in relation to which the Standard Mark has been used; and has been used; and

• take samples of any article or of any

take samples of any article or of any material or substances used in any material or substances used in any article or process, in relation to which article or process, in relation to which the Standard Mark has been used. the Standard Mark has been used.

…Contd

(3) (3) Every inspecting officer shall be Every inspecting officer shall be furnished by the Bureau with a furnished by the Bureau with a certificate

• f

appointment as an certificate

• f

appointment as an inspecting officer and the certificates inspecting officer and the certificates shall, on demand, be produced by the shall, on demand, be produced by the inspecting officer. inspecting officer.

Queries Queries

14 14

Whether there is a bar in carrying out Whether there is a bar in carrying out investigation or collection of evidence after investigation or collection of evidence after the search & seizure operation and before the search & seizure operation and before filing the case within the limitation period? filing the case within the limitation period?

Answer: Answer:-

• NO

NO

Queries Queries

15 15

Whether after filing the complaint before the Whether after filing the complaint before the designated court, fresh evidence can be designated court, fresh evidence can be brought before the court during the brought before the court during the proceedings under Cr. PC? proceedings under Cr. PC?

Answer: Answer:-

• YES (Section 311 & 319)

YES (Section 311 & 319)

Section 311 Cr.P.C Section 311 Cr.P.C

Any court may, at any stage of any Any court may, at any stage of any inquiry, trial or other proceeding inquiry, trial or other proceeding under this Code, summon any under this Code, summon any person as a witness, or examine person as a witness, or examine any person in attendance, through any person in attendance, through not summoned, as a witness, or not summoned, as a witness, or recall and re recall and re-

• examine any person

examine any person already examined; and the Court already examined; and the Court shall summon and examine or recall shall summon and examine or recall and reexamine any such person if and reexamine any such person if his evidence appears to it to be his evidence appears to it to be essential to the just decision of the essential to the just decision of the case. case.

Power to summon material witness,

• r examine person

present

Section 319(1) Cr.P.C Section 319(1) Cr.P.C

Where, in the course of any Where, in the course of any inquiry into, or trial of, an offence, inquiry into, or trial of, an offence, it appears from the evidence that it appears from the evidence that any person not being the accused any person not being the accused has committed any offence for has committed any offence for which such person could be tried which such person could be tried together with the accused, the together with the accused, the Court may proceed against such Court may proceed against such person for the offence which he person for the offence which he appears to have committed. appears to have committed.

Queries Queries

16 16

Whether the complaint officer can Whether the complaint officer can be changed at any stage of be changed at any stage of proceedings? proceedings? Answer: Answer:-

• YES

YES

Queries Queries

17 17

Whether exemption to complaint officer Whether exemption to complaint officer for appearances before the court can be for appearances before the court can be granted or obtained from the designated granted or obtained from the designated court? court?

Answer: Answer:-

• YES

YES

Queries Queries

18 18

What kind of details a seizure What kind of details a seizure memo should contain to avoid any memo should contain to avoid any ambiguity? ambiguity?

Queries Queries

19 19

In case the seized material, left under In case the seized material, left under superdari superdari as per sub as per sub-

• rule 2 of section 26 of

rule 2 of section 26 of BIS Act, is disposed of by the offender, BIS Act, is disposed of by the offender, what action can be taken under Cr.P.C ? what action can be taken under Cr.P.C ?