पुलिस चोरो को कैसे पकड़ती है ? How police catch hold of thieves?

  पुलिस चोरो को कैसे पकड़ती है ? How police catch hold of thieves?

1. The general myth is that police knows everything about the crime and criminals

2. It is wrong. How far police will be effective in nabbing criminals depends upon the fact that how far police is professionally efficient 

3. For a better policing, it is incumbent that police must know, the area and the people where he is posted.

4. He should know the topography of the police station area and the adjoining areas 

5. He should know the prestigious people, bad elements in his areas 

6. There are certain organisational and functional systems that operate for effective policing

7. Every police station area is divided into so many beats which are headed by head constable supported by 2 or 3 constables

8. It is the primary duty of beat HC to know the area, roads, lanes, rivulates, river, mountain, hilly terrain, posh colonies, slum areas

9. It is the bounden duty of beat HC to apprise himself about the criminals, suspects, bad characters, brothels, liquor shops, drug paddlers and respectable and prestigious people of his beat. And HC briefs regularly SHO about the suspicious activities in his beat and on the intelligence gathered, SHO take preventive action against suspected criminals

10. Every police station has 28 registers, general diary is kept to make entry minute to minute details

11. The other important registers are crime register, criminal classification register, crime classification register and register of absconded and proclaimed offenders (register no.10)

12.  Every village and every beat in the city , a village crime note book is maintained by SHO, it is a confidential document and SHO is responsible for its safe custody, it has 5 parts, the first part depicts the map and general description of the village/ mohalla, in the second part all cognizable offences are entered into , in part three names of ex convicts and suspects or who have bound over section 109 or 110 CRPC, in part four SHO write annual confidential report of every village/mohalla. The annual comments of SHO are supervised by DySP and SP, part five contains history sheets which are opened under the order of SP of the district.

13. When a theft occurs, the utmost importance is given to collecting physical evidence by pressing forensic experts, fingerprints experts and tracking dogs.

14. An FIR is registered against the unknown person under section 457/380 if theft has been committed in night by breaking the house

15. I O search out the suspected and convicted criminals in his area and also in adjoining areas 

16. If theft/burglary has been committed where the stolen goods are costing more than 50 thousand rupees. This case becomes a special report case and I O and SHO have to send the zeist of the occurrence of crime to senior officers. These officers supervise the case on day to day basis and give direction to I O 

17. I O visits the spot of the crime and takes the statements of the witnesses, if anybody had seen thieves after committing crime. Where they had gone, what were their descriptive roles 

18. I O rounds up suspected and convicted criminals in his area and adjoining areas. He also informs the gist of the crime to senior officers and police stations of adjoining areas. A copy is also sent to CID department

19. The forensic experts and fingerprint experts send the physical evidences to forensic department and fingerprint section of CID department respectively for analysis and classification of data

20. Investigation officer tries to pinpoint the time of the occurrence of theft

21.  On the basis of proximate time, tower location is known of all the mobiles which are operational in and around the scene of crime

22. By the process of elimination of active mobiles in and around scene of crime, I O interrogate suspected mobile users and zero in the actual culprit 

23. By the combination of data available from cyber cell and documentary evidences, police discovers thieves and recover stolen goods 

24. Once the culprit is known, stolen goods are recovered and the culprit is arrested.

25.  After the completion of the investigation a charge sheet is produced in the court. The trial starts and if sufficient evidence is available the culprit is convicted 

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अगर आपके मोहल्ले में डकैती हो रहा हो तो आप क्या करेंगे ? If Dacoity is being committed to your Mohalla what will you do ?

 अगर आपके मोहल्ले में डकैती हो रहा हो तो आप क्या करेंगे ?

 If Dacoity is being committed to your Mohalla what will you do ?

1. If dacoits have come into your mohalla, start hue and cry collectively

2. This will give a positive indication and dacoits will flee away

3. If dacoits resist and do not flee away and enter into a house to commit dacoity, the house holder should remain calm and do not resist , do not make any quick or any unexpected movement

4. Assure the dacoits that you will cooperate and take no action that will jeopardise your safety

5. Make mental notes of the dacoits appearance, take note of their features including race, age, height, hair, eye colour, clothing, any scars or tattoos on their body, any weapon, if they have come from a car take note the make and model and plate no. of that car

6. Follow dacoit’s direction, do not offer more than what they asked for

7. Notice what the dacoits do. If any conversation takes between them, do they use any language, then what language they used or the name or nicknames they are using, which place they are touching so that you can tell police about those areas to collect fingerprints

8. Your personal safety is your top priority, if your house is in a isolated area move to an area with people and ask someone to stay with you

9. If you remain in the house, don’t touch anything till the police arrive 

10. If any witness has seen the commission of crime they should stay outside the house till arrival of the police

11. After completion of the inquiry of scene of crime by forensic experts and tracking dog, you get immediately the case registered at nearest police station

12.  You may submit written application before SHO or may narrate the whole incident orally 

13. The FIR must contain, who the accused were, what were their descriptive rolls, which direction they came from and which direction they fled away after commission of the crime, narrate physical features of every accused in FIR, describe in detail, the goods stolen and gave the sketch mark of the stolen goods so that these sketch can be sent to goldsmiths. 

14. Narrate whether they had typical marks on their body? What clothing they had worn? Names or nicknames they were using in their conversation, styles of hair, what kind of weapon they were holding? everything should be narrated in FIR

What What is dacoity?

1. Dacoity is a robbery committed by 5 or more persons under section 395 IPC

2. If dacoits have killed the householder or anybody in the course of dacoity, then case will be registered under section 396 IPC, the punishment for this section is death or life imprisonment

3. If during the course of dacoity dacoits uses deadly weapon then section 397 IPC will slapped

4. If deadly weapon is not used then section 398 will be slapped

5. For the preparation of dacoity, section 399/402 is used

6. Robbery is either theft or extortion (section 390 IPC)

7. Theft is robbery, if while committing theft offender causes or attempt to cause to any person death, hurt or wrongful restrain

8. Extortion is robbery if offender put that person in fear of instant death or instant hurt or instant wrongful restrain

9. Theft is constituted when there are 5 elements - movable property, without consent, dishonest intention, taking property from one place to another and taking property out of the possession of another person

When dacoits have been caught and stolen goods have been recovered?

1. Will have to identify the stolen goods. The executive magistrate will organise identification parade

2. If you fail to identify stolen goods, the accused will get acquitted, no challan will be produced in the court.

3. So you have to identify the stolen goods before the executive magistrate and then during the trial, so that, accused can be convicted 

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When a thief enters your house what will you do? अगर आपके घर में चोर घुस गया हो तो आप क्या करेंगे ?

 अगर आपके घर में चोर घुस गया हो तो आप क्या करेंगे ?

When a thief enters your house what will you do?

There may be 2 situations

• You did not wake up and thief has taken away precious goods from your house

• When thief was committing theft you have woken up and tried to catch hold him but the thief threatened you to shoot down and flew away

• If you did not wake up and thief had stolen all the precious goods, you should not touch those items like Almirah, boxes

• They may have fingerprint upon these items

• Forensic experts must be called in to collect physical evidences from scene of crime and tracking dog must be pressed into service

• The entire area should be cordoned off, nobody should be allowed to enter in the areas where the theft has been committed

• Police should be intimated immediately about the commission of crime 

• An FIR should be lodged in the concerning police station giving description of stolen goods 

• FIR should include, how the crime was committed, where is the location of crime, when crime was committed, who committed the crime, what were stolen goods and receipt of purchasing of goods if available.

• Descriptive roll of thieves

• A copy of FIR must be taken from SHO

• If SHO doesn’t register the crime, he should approach to SP with written application describing the details of the commission of the crime

• FIR can be lodged orally or in writing 

• It must be signed over by complainant, Refusal to sign over FIR will be met by punishment under section 180 of IPC

• The contents of FIR must be read over to the complainant 

• FIR is a public document under 77 of evidence act, no tempering of FIR can be allowed and would meet with punishment under law

• FIR can only be cancelled by High Court and Supreme Court 

          

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If a false case is registered against you, what will you do?

 

1. Take anticipatory bail u/s 438 crpc

2. If you are arrested then take regular bail u/s 437 and section 439 crpc

3. If charge sheet is produced by the police in the court against you, file write petition in HC for quashing false FIR

4. Write petition can be filed u/s 482 crpc in HC alleging the abuse the process of law to secure ends of justice

5. If the charge sheet has been filed in the court produce write petition u/s 227 for discharging from the offence

6. If trial has started in the session court, move an application for acquittal u/s 232 crpc  

7. Grounds for filing writ petition u/s 482 crpc 

1. No occurrence of crime

2. Baseless allegation 

3. No reasonable ground

4. Barred by limitation act

HC issues two types of writs 

1. Mandamus against a police officer prohibiting him to take further action

2. prohibition - subordinate court will be directed to stop criminal proceedings 

9. Remedies available after being acquitted from the falsely implicated case

1. u/s 182 of ipc, punishment is 6 months with fine of rs.1000 or with both

2. u/s 211 ipc, where the punishment may extend to 7 years and fine if falsely implicated case has punishment of death or life imprisonment or imprisonment for 7 years

10. Provision of compensation for accusation without reasonable cause u/s 250 crpc

11. Remedies available against Police officer for negligently or deliberately lodging false FIR

1. u/s 167 ipc, for framing incorrect documents, punishable for 3 years

2. u/s 218 ipc, for framing incorrect record with the intend to save person from punishment

3. u/s 220 ipc, for commitment of trial or confinement by a person having authority who knows that he is acting contrary to law

4. u/s 19 cpc, or u/s 500 ipc, to sue the police officer under defamation 

12. According to s 3 (2) (1) of SC/ST act. If false and fabricated evidence is prepared against the member of sc/st then the person will be sued for fabrication of evidence and if fabrication relates to offence which is punishable to death, fabricator will be punished to death. 

13. According to s 3 (2) (2) of SC ST act. If offence is punishable with imprisonment for 7 years the fabricated would be punished from 6 months to 7 years or upwards

Conclusion

1. Registrations of falsely implicated cases have been frequent features in our society. 

2. Effective measures must be taken to arrest the frequency of such malicious criminal/civil cases

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