Investigation in Criminal Cases
The police department is entrusted to
scientifically investigate the criminal cases and disclose the reality in fair
manner. The legal system of India is very strong and everyone should salute
police officers and subordinate staff to play to great role in protecting the
interests of public. I can easily recall many cases, in which police department
brought reality in front of public instead of major difficulties on their part.
Today, the sensitive information is being theft by abusing the ‘Right to
Information Act’ and the security of India has become uncertain due to easy
access to confidential information in public domain. Earlier we learned that investment in Crypto-currencies is one form of Cyber Crime and we should not invest in such speculative things.
Various Forms of Crime:
The crime is taking various forms and new methods;
techniques are adopted by the criminals for committing the crime. The detection
of crime also requires new methods and techniques to disclose the new method of
criminals for committing crimes. Even the eye-witness are proved wrong
sometimes during the investigation of the cases. The victims of the cases also
provide incomplete information and become hostile sometimes. The popular cases
sorted out very intelligently by the police are, ‘Babri Masjid Demolition Case’,
‘Arushi Murder Case’, ‘Irshat Jahan Encounter Case’ etc.
Types of Crimes:
The crimes are increasing day by day and
most of the cases are relating to Murder, Sexual offence, Suicide, Narcotics, Rape,
Burglary, Dowry death, Infanticide, Forgery, Robbery, Conspiracy, Assassination,
Kidnapping, Hacking, Terrorism, Bribe, and Theft. Sometimes, the beggars are targeted for criminal activities, but one should always remember that beggars are not begging for the sake of begging.
Crimes in Government Offices:
The Head of Offices, Head of Departments,
and the Senior Officers having access to confidential information; are
entrusted to safeguard the interest of stakeholders whose information is
contained the records of the offices.
(i) Leakage of Sensitive Information:
There are a lot of charge-sheet filed by
police department in courts for passing of sensitive information to
unauthorized persons in return for personal gains. The case of ‘IAS Officer
Ravi Inder Singh’ for charges of criminal conspiracy, destruction of evidence
and bribing a government officer; is a nice case for study.
(ii) Disobey or refusing the orders of the Authority:
The orders of the authority cannot be
refused in case, the orders are strictly to implement the rules and actions
desired for the job. If a superior gives wrong order and asks to do something wrong,
it can be proved a crime later on.
(iii) Using abusive language:
No employee can use abusive language with
the seniors or bosses. If an employee use abusive language and boss considered
it unfair, then the person can also be suspended on the basis of conduct rules.
In order to prove the person using abusive language, his voice can be recorded
and used as an evidence. In case of MTNL, New Delhi; the supreme court comes
with the judgement, ‘using abusive language against a superior at the
work-place is reason enough for dismissal’. In such cases, firstly an internal
enquiry is done to find the person guilty of misconduct; thereafter the
decision can be taken to give punishment as per service rules.
(iv) Use of bribe in official matters:
A case was registered under section 7 PC
Act of 1988, vide case no. 45(A)/2005-DLI on 23rd August 2005 on
written complaint of Sh. Rajeev Kumar Arora; stating that Sh. I.P. Uniyal, JE,
DDA agreed over telephone to accept the bribe of Rs. 15000 (Fifteen Thousands)
with the direction to pay the bribe amount. Thereafter, a trap was laid and
accused persons were caught red handed while demanding and accepting a bribe of
Rs. 15000.
It is general practice now to catch the
corruption government officers or officials demanding bribe through Vigilance
team.
Methods to Detect and Prove Crimes:
(i) Use of informers:
It is very good and old practice of police
department to use informers in disclosing the truth of the case. This method is
very confidential and treated as personal by the officers. Everything is done
with full secrecy.
(ii) Use of Third Degree Method:
In some cases, it becomes necessary to use
third degree method on suspects of the crime, for getting the truth in sorting
out the case. However, the person under suspicion always seek the support of
provisions of ‘benefit of doubt’ from the court to get rid of the case. The
rules and regulations to be followed in cases, are studied by the police
officers and the officers use the resources to sort out the case with their
intelligence.
(iii) Collecting Physical Clues and Evidences:
The police officers are entrusted to
collect the physical clues to disclose the criminals. The police visit the location
where crime is committed and collect the physical clues, pack them, preserve
them, keep them safe to further investigation. The circumstances are studied to
find out the evidences. An officer finds out ‘how the crime is committed’, ‘routes
for approaching the spot point and escaping from there’ and ‘what happened
during the whole event’; to collect the evidences of the crime. The physical
clues collected from the crime-point are required to be kept safe from
tempering.
It is required to note the position of
each thing of the location i.e. doors, windows, other small items available on
the crime-point; and the same if required are packed for scientific
investigation. The photographs are captured for putting inside the case, for
long-term study of the criminal case. Inquiries are held with the people available
at nearby locations to bring the truth. Even the persons who approached the
crime-point before the arrival of police or investigation team; are asked what
they have done before their arrival.
The crime location is studied to know the
routes, vehicles available at that point, documents available there, and position
of dead body.
The police officers visiting the crime-point
only collect the information and record the conversations, speeches of the
witness available there and do not give the same information to other people
standing nearby. In such cases, the disclosure of information can help the
criminals to escape from the reach of the police.
The physical evidences collected from the
crime-point are usually Weapons, Fingerprints, Footprints, Tyre Impression, Skid
Marks, Hair, Fibbers and Fabrics, Glass & Paints, Blood Stains, Body Fluids,
Semen Stain, Tool Marks, Soil & Dust, Marks of Entry and Exit, Trace Marks,
Wounds, Mobile Phones, Cigarette Buds, Torch, Wallet, Guns, Cartridge, Cloth
Piece, Bite Marks, Buttons, Spectacles/Googles, Foot ware, Diary etc.
(iv) Use of Forensic Science:
The police also use forensic science to
detect the crime and reach the criminals. The forensic science helps in
recognizing, identifying, and evaluating the physical evidences, keeping in
view the methods and principles of natural sciences. The forensic laboratories
are used by police department and investigating agencies i.e. Vigilance
Departments, Judiciary, Law Enforcement Agencies to detect the criminal cases.
(v) Using Bio-metric Evidences:
The finger-prints, feet prints, moving
patterns of the feet etc. are the bio-metric evidences used to trace the
criminals. In most of the cases relating to theft and burglary, the bio-metric evidences
are sufficient to trace the criminals. It is well known that the finger prints
are unique, permanent, and inimitable; can best be used to sort out the cases.
The laboratories help in DNA
fingerprinting for the evidence in criminal cases. The DNA fingerprinting is an
un-questionable evidence against the accusation. For DNA fingerprinting, the
sources generally used are Blood, Semen, Saliva, Urine, Hair, Teeth, Bone, Tissue,
Sweat, and Dandruff.
In various criminal cases, only DNA
testing is proved effective to detect the crime like ‘Disputed paternity cases,
‘Sexual Assault’, Baby theft cases’, ‘Trafficking of Human organs’, ‘Dead body
beyond recognition’, ‘Missing Persons’ etc.
(vi) Using Voice Identification Methods:
The voice identification is also used to
sort out the criminal cases. In cases of kidnapping, terrorist threats, and
recent case of ransomware cyber-crime; the voice of criminal required to be
identified for sorting out the case. In bribe cases, the voice can be recorded
by the person and it can be used as an evidence to put the criminal behind the
bars.
The voice is identified on various
parameters such as language spoken, style of talk, use of expressive words,
grammar in used language, intensity of respiratory system of speaker, flow of
speech, tongue activity in speech, loudness in voice, pauses in speaking
sentences etc.
Difficulties in sorting out Criminal Cases:
In most of the cases, the police officers
failed to find out the criminals committing the crime. The practical difficulties
which are beyond the control of police, required to focused and it is must to
ensure better resources to strengthen the power of the police for better law
and order situation:
(i) Using modes of transport to escape:
The first thing came in the mind of the
criminal, is to escape from the police. Today, due to economic development, the
means of transport are easily accessible to the criminals. The criminals try to
escape even from the nation and re-establish themselves in other countries. It
is required to ensure best transportation means in the hands of police officers
to catch the criminals.
(ii) Increasing population in Metro Cities:
The second thing came in mind of
criminals, is to hide themselves from the police. They change their identity
and settle themselves in metro cities. Due to increased population and high
density of population in metro cities, it becomes very difficult to trace such
criminals. The police of metro cities require resources to trace the criminals,
coming from other areas of nation to hide themselves from the police.
(iii) Knowledge and Skills to use Technical Gadgets:
The criminals apply their mind to convict
the crimes and stay far from being traced by the police. Due to inventions and
scientific progress, the criminals are usually technically sound than the
police officers. They are equipped with technical knowledge and use their
knowledge in committing the crimes. The Cyber Cell of Police Department, has
limited resources to trace such criminals. The cyber cell takes the help of
investigating agency which further use tools to detect the crime. It is
required to train the police officers in using forensic science for detecting
the crimes. The role of investigating agencies by using forensic science and investigation
techniques, is increasing to detect the crimes. The press media is also helping
the police department to provide enough clue or proofs to use forensic
investigation in sorting out the cases.
Created 22nd June, 2019
*Copyright © 2019
Dr. Lalit Kumar. All rights reserved.
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