INVESTIGATIONINVESTIGATION

SKILLSSKILLS

TIME OF INVESTIGATION

• INVESTIGATION PRECEDES ANY ENQUIRY/ DEPARTMENTAL PROCEEDINGS OR TRIAL

DISCREET VERIFICATION• CONDUCTED BEFORE/PRECEDES

OPEN INVESTIGATION OR FIELD ENQUIRY;

• CONDUCTED JUST TO CONFIRM WHETHER MISCONDUCT HAS BEEN CONDUCTED OR NOT;

• CONDUCTED DISCREETLY (CAUTIOUSLY);

• SUSPECT & UNCONCERNED PERSONS SHOULD NOT COME TO KNOW :-–IF FOUND FALSE OR MOTIVATED, THE

SUSPECT OFFICER SHOULD NOT BE DEMOTIVATED, DEMORALIZED, DEFAMED, APPREHENSIVE OR DEFIANT;

–IF FOUND TRUE OR HAVING SUBSTANCE THEN EVIDENCE MAY NOT BE TAMPERED WITH

PURPOSE OF INVESTIGATION

Collection of Evidence both oral & physical (documentary & articles

PURPOSE OF ENQUIRY/DEPTT . PROCEEDING OR TRIAL

Evaluation of Oral & documentary evidence collected on the Scale of ‘ Rule of Evidence’ & ‘Principles of Natural Justice’

RULE OF EVIDENCE OF ORAL ENQUIRY/ DEPARTMENTAL ENQUIRY/DEPARTMENTAL PROCEEDINGS/DISCIPLINARY PROCEEDINGS

• PREPONDERANCE OF PROBABILITY THE STANDARD IS MET IF THE PROPOSITION IS MORE LIKELY TO BE TRUE THAN NOT TRUE. EFFECTIVELY, THE STANDARD IS SATISFIED IF THERE IS GREATER THAN 50 PERCENT CHANCE THAT THE PROPOSITION IS TRUE.

NATURAL JUSTICE• that nobody should be a judge of his own cause and

• secondly nobody should be condemned unheard i.e. without giving him the reasonable opportunity to defend himself

NOMENCLATURESCollection of Evidence

• Investigation;

• Field Enquiry;

• Vigilance Enquiry;

• Vigilance Case

• Preliminary Enquiry (PE)

Evaluation of Evidence

• Oral Enquiry;

• Departmental Enquiry (DE)

• Departmental Proceedings

• Disciplinary proceedings

• Regular Departmental Action (RDA)

INVESTIGATION SKILLS• CORRELATION / INTERFACE BETWEEN

ORAL & PHYSICAL EVIDENCE;

• AUTHENTICITY OF PHYSICAL EVIDENCE ( DOCUMENTS & ARTICLES ) THROUGH ‘ ORAL EVIDENCE’

• GETTING FACTS AND CIRCUMSTANCES PROVE THROUGH ORAL EVIDENCE WHERE NO CORROBORATORY OR DOCUMENTARY EVIDENCE AVAILABLE

• PROOF OF ALL FACTS BY ORAL EVIDENCE EXCEPT CONTENTS OF DOCUMENTS OR ELECTRONIC RECORD (S. 59 IEA,1872)

• ORAL EVIDENCE MUST BE DIRECT (S.60 IEA,1872)–WHO SAW;

–WHO HEARD;

–WHO PEPRCEIVED BY SENSE

–WHO HOLD OPINION

• CONTENTS OF DOCUMENT BY PRIMARY OR SECONDAY EVIDENCE (s.61 IEA,1872)

• PRIMARY EVIDENCE MEANS ORIGINAL DOCUMENTS (s.62 IEA,1872)

• SECONDAY EVIDENCE MEANS CERTIFIED COPIES; MECHANICAL COPES; NORMAL COPIES OR ORAL ACCOUNTS

WHAT IS INVESTIGATION• SEC. 2(h) CR.P.C.SEC. 2(h) CR.P.C.

INVESTIGATION INCLUDES ALL THE INVESTIGATION INCLUDES ALL THE PROCEEDINGS UNDER CR. P. CPROCEEDINGS UNDER CR. P. C. FOR . FOR COLLECTION OF EVIDENCE COLLECTION OF EVIDENCE CONDUCTED BY A CONDUCTED BY A POLICE OFFICER POLICE OFFICER OR BY ANY PERSON (OTHER THAN OR BY ANY PERSON (OTHER THAN A MAGISTRATE) WHO IS A MAGISTRATE) WHO IS AUTHORIZED BY A MAGISTRATE AUTHORIZED BY A MAGISTRATE IN IN THE SAID BEHALF.THE SAID BEHALF.

WHAT IS THE DUTY OF INVESTIGATION

– Duty of the Investigating officer Duty of the Investigating officer is is not merely not merely to booster up a to booster up a prosecution case with such an prosecution case with such an evidence as may evidence as may enable a court to enable a court to record a conviction record a conviction but to bring but to bring out the out the real unvarnished truthreal unvarnished truth..

–Jamuna V/s State of Bihar (1974 Jamuna V/s State of Bihar (1974 Cr.L.J. 890)Cr.L.J. 890)

THE INVESTIGATION,THEREFORE, THE INVESTIGATION,THEREFORE, HAS; HAS;

to be to be truthful.truthful. to be to be unbiased.unbiased. No No pre-conceived notions pre-conceived notions (presumed & (presumed & predecided mind).predecided mind).

Aimed at to reveal the Aimed at to reveal the total truth total truth of the of the incident.incident.

It It thus also thus also falls in line of falls in line of Industry,Industry, ImpartialityImpartiality ,IntegrityIntegrity

THE OPEN INVESTIGATION APPROACH

• RECORDING OF THE ALLEGATIONS

• PREPARATION OF A PLAN/LINE OF INVESTIGATION

• COLLECTION OF DOCUMENTS

• IDENTIFICATION OF THE WITNESSES

• EXAMINATION OF THE WITNESSES

• SEEKING OF EXPERT ADVICE

• PREPARATION OF A FINAL SUMMING UP REPORT

• LEGAL VETTING

• EMPHASIS ON FIELD-ORIENTED INVESTIGATION RATHER THAN DESK-BOUND INVESTIGATION

• EMPHASIZING MAINLY ON CORRESPONDENCE WITH VARIOUS PERSONS/AGENCIES FOR THE PURPOSE OF OBTAINING REQUIRED DOCUMENTS AND SECURING PRESENCE OF WITNESSES ADOPT A PREDOMINANTLY FIELD-ORIENTED APPROACH

COLLECTION OF EVIDENCE

–ScrutinizeScrutinize the Documents closely, the Documents closely,

–Prepare Prepare Scrutiny Report Scrutiny Report – keeping in view – keeping in view the the ingredients of misconduct ingredients of misconduct under under investigation.investigation.

–The The Supervisory Officers also to study Supervisory Officers also to study documents and the Scrutiny Reports.documents and the Scrutiny Reports.

–ExamineExamine relevant witnesses. relevant witnesses.

–Further seizure Further seizure of documents, if necessary.of documents, if necessary.

–EXAMINE THE ACCUSED AND VERIFY HIS EXAMINE THE ACCUSED AND VERIFY HIS DEFENCE. DEFENCE.

EXAMINATION OF WITNESSES

• NO DRAFT STATEMENTNO DRAFT STATEMENT..

• STATEMENT SHOULD BE WRITTEN STATEMENT SHOULD BE WRITTEN IN THE IN THE PRESENCE OF THE PRESENCE OF THE WITNESSES WITNESSES AND READ OVER TO AND READ OVER TO THEM.THEM.

• IF POSSIBLE, GET THE IF POSSIBLE, GET THE CORRECTIONS,CORRECTIONS, IF ANY, DONE IF ANY, DONE BY BY THE THE WITNESS HIMSELF.WITNESS HIMSELF.

• FOR THAT PURPOSE THE FOLLOWING 11 WS NEED TO BE KEPT IN MIND :-

•  • 1st W :What information is conveyed ?

• 2nd W :In what capacity ?• :(Whether as an eyewitness or hearsay).• 3rd W : :Who ... Who committed misconduct ?• 4th W : :Whom ... against whom crime is committed

?• 5th W :When ? (Time).• 6th W : Where ? (Spot)• 7th W : :Why ? (Motive)• 8th W :Which way, i.e. how ?

• 9th W : Witness or in whose presence.

• 10th W: What was taken away by the misconduct, e.g., any article etc.

• 11th W: What traces were left by the accused, i.e., any article, belongings, foot marks, finger marks, etc.

FINAL STEPS

• INVESTIGATION REPORT:INVESTIGATION REPORT: WELL WELL DRAFTED DRAFTED – PRECISE AND TO THE – PRECISE AND TO THE POINT COVERING ALL THE POINT COVERING ALL THE INGREDIENTS OF MISCONDUCTINGREDIENTS OF MISCONDUCT

• PROPER LIST OF PROPER LIST OF WITNESSES.WITNESSES.

• PROPER LIST PROPER LIST OF DOCUMENTSOF DOCUMENTS..

THANK YOU

JAI BHARAT