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CONTENTS
CHAPTER 1
CHAPTER 2
CHAPTER 3
CHAPTER 4
CHAPTER 5
CHAPTER 6
CHAPTER 7
CHAPTER 8
CHAPTER 9
CHAPTER 10
CHAPTER 11
CHAPTER 12
CHAPTER 13
CHAPTER 14
CHAPTER 15
CHAPTER 16
CHAPTER 17
CHAPTER 18
CHAPTER 19
CHAPTER 20
CHAPTER 21
CHAPTER 22
CHAPTER 23
CHAPTER 24
CHAPTER 25
CHAPTER 26
CHAPTER 27
FOREWORD
MOTTO, MISSION AND VISION
Constitution and Organization of the CBI
Anti-Corruption Division
Special Crimes Division
Economic Offences Division
Targets, Priorities and Programme of Work
Functions and Responsibilities of Senior Officers
Functioning of Investigating Branches/Units
Complaints and Source Information
Preliminary Enquiries
Regular Cases
Case Diaries and Progress Reports
Arrests, Custody, Bail and Remand
Searches and Seizures
General Instructions regarding Investigation & Enquiries
Obtaining Documents from Audit Offices and Examination
of Disputed Documents by G.E.Q.D
Technical Assistance in Investigation
Directive on Investigation of Cases by S.P.E. and
Facilities/Cooperation to be extended by Administrative
Authorities
Cyber Crimes
Final Reports, SP’s Reports and Comments of Superior
Officers
Departmental Action
Directorate of Prosecution (Legal Division)
Prosecution
Analysis of Court Judgements and filing of Appeals,
Revisions etc.
Policy Division
Interpol and Coordination Wing
Command Centre
Central Forensic Science Laboratory (CBI)
05 - 39
40 - 41
42 - 43
44 - 46
47 - 50
51 - 64
65 - 72
73 - 78
79 - 84
85 - 93
94 - 98
99 - 107
108 -118
119 - 132
133 - 139
140 - 166
167 - 179
180 - 185
186 - 193
194 - 205
206 - 213
214 - 221
222 - 226
227 - 236
237 - 242
243 - 246
247 - 265
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FOREWORD
The previous CBI (CRIME) Manual was published in 1991. Since then, the forces of
liberalization and globalization have rapidly transformed our society, economy, politics, the
whole country and the world in ways we had never imagined. Today, technology has come to
pervade every aspect of our life and the working environment. Paralleling this globalization
movement has been the globalization of crime. Criminals are adapting new technology and
exploiting liberal policies to perpetrate crime with greater speed, accuracy and
anonymity.
In such a scenario, it has become imperative for the CBI to adapt itself to the fastchanging environment. Higher standards of investigation and prosecution can only be
sustained if we focus our attention on the development of new skills relevant to the techno-driven
society. With this in mind, we have consulted some of the most experienced and wisest persons
involved in working of the Criminal Justice System to compile a new set of “Standard
Operating Procedures” for the CBI. The changes brought about by the Vineet Narain
Judgement of the Supreme Court in 1997, Information Technology Act, 2000, Central Vigilance
Commission Act, 2003, Securities and Exchange Board of India Act, 1994, and a host of other
laws, have been taken into consideration while re-drafting the CBI Manual. The establishment
of the CBI Academy, the Directorate of Prosecution, the Command Centre and Regional
Training Centres in CBI have added new dimensions to the working of the organization.
Today, the CBI has the legal mandate and the capability to investigate and prosecute crime and
criminals not only throughout India, but even abroad.
The functional and geographical expansion of CBI has led to a revision of the
jurisdiction of its Branches/Regions and Zones. New sets of instructions relating to emerging
areas of concern like Economic Offences and Cyber Crimes have been added. Protocols for
using the Technical Units and Command Centre have been laid down. These are likely to
improve the quality, precision and speed of investigation. The new Manual also lays stress
on the foundational principles of the organization. The Motto, Mission and Vision of the CBI
have been clearly defined to guide the organization and its officers in future.
I take this opportunity to place on record my appreciation of all the Officers of CBI and
others, who volunteered in updating this Manual and worked as a team to complete this exercise
in due time. I am happy to write this foreword for the CBI Manual–2005.
New Delhi
15 JULY 2005
(U.S. MISRA)
Director
Central Bureau of Investigation
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MOTTO
Industry, Impartiality and Integrity
MISSION
To uphold the Constitution of India and law of the land through in-depth investigation and
successful prosecution of offences; to provide leadership and direction to Police Forces and to
act as the Nodal Agency for enhancing interstate and international cooperation in law
enforcement.
VISION
Based on our motto, mission and the need to develop professionalism, transparency, adaptability
to change and use of science and technology in our working, the CBI will focus on:
1.
Combating corruption in public life, curb economic and violent crimes through
meticulous investigation and prosecution.
2.
Evolve effective systems and procedures for successful investigation and prosecution
of cases in various law courts.
3.
Help fight cyber and high technology crime.
4.
Create a healthy work environment
communication and mutual trust.
5.
Support State Police Organizations and Law Enforcement Agencies in national and
international cooperation, particularly relating to enquiries and investigation of cases.
6.
Play a lead role in the war against national and transnational organized crime.
7.
Uphold Human Rights; protect the environment, arts, antiques and heritage of our
civilization.
8.
Develop a scientific temper, humanism and the spirit of inquiry and reform.
9.
Strive for excellence and professionalism in all spheres of functioning so that the
organization rises to high levels of endeavour and achievement.
that
encourages
team
building,
free
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CHAPTER 1
CONSTITUTION AND ORGANIZATION OF CBI
HISTORICAL BACKGROUND OF CBI
1.1
The Central Bureau of Investigation (CBI) was established vide Resolution No.
4/31/61-T, dated 1st April, 1963 of the Ministry of Home Affairs, Government of India, which
reads as follows:
“The Government of India have had under consideration the establishment of a
Central Bureau of Investigation for the investigation of crimes at present handled by
the Delhi Special Police Establishment, including specially important cases under the
Defence of India Act and Rules particularly of hoarding, blackmarketing and
profiteering in essential commodities, which may have repercussions and
ramifications, in several States: the collection of intelligence relating to certain types of
crimes; participation in the role of the National Central Bureau connected with the
International Criminal Police Organization; the maintenance of crime statistics and
dissemination of information relating to crime and criminals; the study of specialized
crime of particular interest to the Government of India or crimes having all-India or
interstate ramifications or of particular importance from the social points of view; the
conduct of Police research; and the coordination of laws relating to crime.
As a first step in that direction, the Government of India have decided to set up with
effect from Ist April, 1963 Central Bureau of of Investigation at New Delhi with the following
six Divisions, namely:–
(i)
INVESTIGATION AND ANTI-CORRUPTION DIVISION
(DELHI SPECIAL POLICE ESTABLISHMENT).
(ii)
TECHNICAL DIVISION.
(iii)
CRIME RECORDS AND STATISTICS DIVISION.
(iv)
RESEARCH DIVISION.
(v)
LEGAL DIVISION & GENERAL DIVISION.
(vi)
ADMINISTRATION DIVISION.
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The Charter of functions of the above said Divisions will be as given in Annexure 1-A.
The assistance of the Central Bureau of Investigation will also be available to the State
Police Forces on request for investigating and assisting in the investigation of interstate
crime and other difficult criminal cases.”
HISTORICAL BACKGROUND OF SPE
1.2
During the early stages of World War-II, the then Government of India realized that
the enormously expanded expenditure for purposes connected with the war had brought
about a situation in which unscrupulous and antisocial persons, both officials and nonofficials, were enriching themselves dishonestly at the cost of the public and the
Government. It was felt that the Police and other Law Enforcement Agencies, which
functioned under the State Governments, were not adequate to cope with the situation. It
was under these circumstances, that the setting up of a separate organization to investigate
offences connected with these transactions became a dire necessity. Consequently, the
organization known as the Special Police Establishment (S.P.E.) was created under a
Deputy Inspector- General of Police by the Government of India, in 1941, by an executive
order.
1.3
The functions of the S.P.E. were to investigate cases of bribery and corruption in
transactions with which the War and Supply Department of the Government of India was
concerned. The superintendence of the S.P.E. was vested in the then War and Supply
Department. Towards the end of 1942, the activities of the S.P.E. were extended to include
cases of corruption in the Railways also, presumably because the Railways were
strategically concerned with the movement and supply of war material.
1.4
In 1942, the jurisdiction of the War Department to exercise the powers of investigation
was challenged before a High Court. This led to the promulgation of Ordinance No. XXII of
1943 conferring the requisite legal sanction and authority on the Department. This
Ordinance, which clearly placed the Special Establishment on a legal footing lapsed on 30th
September, 1946 and was replaced by the Delhi Special Police Establishment Ordinance
No. XXII of 1946. This was subsequently replaced by the Delhi Special Police
Establishment Act (XXV of 1946) (Annexure 1-B) which came into force on 19th
November, 1946. This Act enabled the Establishment to function in the Provinces (with the
concurrence of the Provincial Government) to the limited extent of investigating certain
specified offences in which Central Government employees were involved or Departments of
the Government of India were concerned.
1.5
After the promulgation of the Delhi Special Police Establishment Act (DSPE Act,
1946), the superintendence of the S.P.E. was transferred to the then Home Department,
now known as Ministry of Home Affairs, and its functions were enlarged to cover all
Departments of the Government of India. The DSPE was then under the charge of Director,
Intelligence Bureau. Later, in 1948, a post of Inspector-General of Police, SPE was created
and the organization placed under his charge. In 1953, an Enforcement Wing was added to
the DSPE to deal with offences relating to breach of Import & Export Regulations.
1.6
As can be seen from above, CBI is a successor organization to the Delhi Special
Police Establishment (DSPE) with an enlarged Charter of functions. In fact, with the
establishment of CBI on 1st April, 1963, the Delhi Special Police Establishment was made
one of its Divisions, viz. ‘Investigation and Anti-Corruption Division’. The DSPE then had 14
Branches, each under the charge of a Superintendent of Police. Except in the States of
Jammu & Kashmir and Kerala, there was an S.P.E. Branch in every State and the
jurisdiction of that Branch was co-terminus with the State boundaries. Kerala was placed
within the jurisdiction of Madras Branch and Jammu and Kashmir within that of Ambala
Branch. There were also two other Branches, called the Central Investigating Agency
comprising Squads A and B and the Fraud Squad, situated at Delhi, both having jurisdiction
all over India. The two Squads of the Central Investigating Agency were responsible for
collection of information about serious and important cases of bribery and corruption and for
inquiring into difficult and intricate cases or those which had interstate ramifications or which
required specialized knowledge, experience and close supervision at the highest level. The
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Fraud Squad particularly dealt with cases of fraud, cheating and the like and with serious
offences under the Indian Companies Act in which Joint Stock Companies were involved. At
the Head Office of the CBI, the Delhi Special Police Establishment Division was under the
direct charge of an Additional Inspector General of Police under the overall control of the
Inspector General of Police. The Branches of the Delhi Special Police Establishment were
divided into two Zones each under the charge of a Deputy Inspector-General of Police.
LEGAL POWERS
1.7
The legal powers of investigation of CBI are derived from the DSPE Act, 1946. This
Act confers concurrent and co-extensive powers, duties, privileges and liabilities on the
members of Delhi Special Police Establilshment (CBI) with Police Officers of the Union
Territories in relation to the investigation of offences notified by the Central Government
under Section 3 of the Act and arrest of persons concerned in such offences. While
exercising such powers, members of the CBI of or above the rank of Sub Inspector shall be
deemed to be officers-in-charge of Police Stations of the respective jurisdictions.
Offences investigable by CBI
1.8
The CBI can investigate only offences or classes of offences as are notified by the
Central Government under Section 3 of the DSPE Act. A list of such offences issued by the
Central Government under Section 3 is circulated periodically by the Legal Division now
known as the Directorate of Prosecution (Annexure 1-C)
Extension of powers and jurisdiction of SPE to areas other than Union Territories
1.9
The Central Government may, by order, extend to any area (including Railway areas),
besides Union Territories, the powers and jurisdiction of members of the CBI for the
investigation of any offences or classes of offences specified in a Notification under Section
3 of the DSPE Act subject to the consent of the Government of the concerned State under
Section 6 of the Act.
JURISDICTION OF DSPE VIS-À-VIS STATE POLICE
1.10 Even though the CBI/DSPE is empowered to investigate all offences notified by the
Central Government under Section 3 of the DSPE Act, 1946, it does not take up all such
cases keeping in view its limited resources and its powers being concurrent and coextensive
with those of the State Police Forces, which if exercised without coordination with the State
Police, might lead to conflict and duplication of efforts. To avoid such duplication, an
administrative arrangement has been arrived at by CBI with the State Police Forces,
according to which:
1.10.1
The cases, which are substantially and essentially against Central
Government employees or concerning affairs of the Central Government,
shall be investigated by the Delhi Special Police Establishment (CBI)
although certain employees of the State Government may also be involved.
The State Police or State Anti-Corruption Bureau/Vigilance set-up, when
informed of such cases involving their employees, will render necessary
assistance to the CBI, during investigation and prosecution of such cases.
1.10.2
The cases, which are essentially and substantially against State
Government employees or are in respect of matters concerning the State
Government shall be investigated by the State Police irrespective of the fact
that certain employees of the Central Government are also involved as coaccused. In such cases, the Delhi Special Police Establishment (CBI), when
informed, will assist the State Police or State Anti-Corruption/Vigilance setup, if necessary, in completing the investigation.
1.10.3
In addition to cases involving Central Government employees, the Delhi
Special Police Establishment (CBI) is authorized to investigate cases of the
following categories:
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(i) Cases in which the interests of the Central Government or of any
Statutory Corporation or Body set up and financed by Government of
India are involved particularly those in which public servants are
concerned or very large amounts are involved.
(ii) Cases relating to the breaches of Central Laws with the enforcement of
which the Government of India is mainly concerned.
(iii) Big cases of fraud, cheating, embezzlement and the like, relating to
public Joint Stock Companies in which large funds are involved. Similar
other cases when committed by organized gangs or professional
criminals having ramifications in several States.
(iv) Cases having interstate and international ramifications and being
investigated by several agencies and where it is considered necessary
that a single investigating agency should be incharge of the investigation.
1.10.4 While above is the general arrangement, it may not be possible for
the CBI to take up all cases falling under these categories because of
limited resources and need to concentrate on cases having interstate or
international ramifications and those involving bribery and corruption. It is,
therefore, a matter of discretion, whether the State Police or the CBI should
investigate a particular offence even though it may have been notified under
Section 3 of the Delhi Special Police Establishment Act, 1946. Ordinary
cases of theft, misappropriation, cheating etc. even if committed by Central
Government employees have, therefore, to be dealt with by the State Police.
1.11 It has also been agreed that the State Police or Anti-Corruption/Vigilance set-up may
take immediate action in respect of the Central Government employees in the following
circumstances:–
(a)
Where there is complaint of demand of bribe by a Central Government
employee and a ‘trap’ has to be laid to catch such employee red-handed, and
there is no time to contact the Superintendent of Police concerned of the CBI,
the trap may be laid by the State Police/Anti-Corruption or Vigilance set-up and,
thereafter, the CBI should be informed immediately and it should be decided in
consultation with CBI whether further investigation should be carried out and
completed by the State Police or by the CBI.
(b)
Where there is likelihood of destruction or suppression of evidence if immediate
action is not taken, the State Police/Anti-Corruption or Vigilance set-up may take
necessary steps to register the case, secure the evidence and, thereafter, hand
over the case to the CBI for further investigation.
(c)
Information about cases involving Central Government employees, who are
being investigated by the State Police/Anti-Corruption or Vigilance set-up,
should be sent by them to the local CBI Branch, Head of the Department and/or
the office concerned as early as possible but, in any event, before a charge
sheet or a final report is submitted.
(d)
All cases against Central Government employees which are investigated by the
State Police/Anti-Corruption or Vigilance set-up and in which it is necessary to
obtain sanction for prosecution from a Competent Authority of a Central
Government Department shall be referred to the Competent Authority directly
under intimation to the CVC.
1.12 The CBI and the State Police/Anti-Corruption or Vigilance set-ups supplement and
coordinate each other’s work in certain spheres, as mentioned above. There should be close
cooperation between them and they should render mutual assistance to each other.
Superintendents of Police of CBI Branches should maintain close liaison with the officers of
the State Police/Anti-Corruption and Vigilance set-up. They are authorized to correspond
Page 8 of 8
directly with the officers of State Police/Anti-Corruption or Vigilance set-up in matters relating
to their work.
1.13 The services of the CBI are available to the States in taking up investigation of certain
specified categories of serious offences having ramifications in more than one State. Matters
relating to such cases requiring attention at the CBI Headquarters may be referred to the
local Branch of the CBI which, in turn, will inform the Joint Director concerned or the
Special/Additional Director concerned or the Director, CBI, as the case may be.
1.14 For success in investigation of cases, it is most essential that a decision as to which
agency is to investigate be taken very quickly. References about cases to be entrusted to
the CBI should be made as soon as possible by the State authorities. Similarly, cases which
the CBI feels should be handled by the State Police/Anti-Corruption or Vigilance set-up, may
be entrusted to them without delay. In case of any difficulty or disagreement, the matter
should be settled at a higher level between the State DGP and the Director, the
Special/Additional Director or the Joint Director concerned in CBI.
1.15 While making a request to the CBI to take up any case for investigation, it has to be
ensured that at least one of the offences alleged, particularly the main offence, is included in
the list of offences notified under Section 3 of the Delhi Special Police Establishment Act,
1946. It is not necessary that all the offences alleged should be notified. If one and
particularly the main offence is included in the list, the case can be taken up by the CBI.
SUPERINTENDENCE AND ADMINISTRATION OF CBI
1.16 The superintendence of the CBI/DSPE vests in the Central Government as per
Section 4 of DSPE Act, 1946 except insofar as it relates to the investigation of offences
alleged to have been committed under the Prevention of Corruption Act, 1988 for which the
superintendence vests in the Central Vigilance Commission.
1.17 The administration of the said Police establishment vests in the Director, Central
Bureau of Investigation who exercises such of the powers exercisable by an InspectorGeneral of Police in a State, as the Central Government may specify in this behalf. The
Director is assisted by Special/Additional Directors and Joint Directors. The Special/
Additional Directors and the Joint Directors assisting him are designated as Special
Inspectors-General of Police. They are further assisted by Deputy Inspectors-General of
Police and Superintendents of Police in the discharge of their functions and duties.
DIVISIONS OF CBI
1.18 The CBI now comprises of the following Divisions:–
(i)
ANTI CORRUPTION DIVISION
(ii)
SPECIAL CRIMES DIVISION
(iii)
ECONOMIC OFFENCES DIVISION
(iv)
DIRECTORATE OF PROSECUTION (LEGAL DIVISION)
(v)
POLICY AND COORDINATION DIVISION
(vi)
ADMINISTRATION AND TRAINING DIVISION
(vii) CENTRAL FORENSIC SCIENCE LABORATORY
RELATIONS WITH CENTRAL VIGILANCE COMMISSION
1.19 In pursuance of directions of the Hon’ble Supreme Court in the Vineet Narain case,
the Government has accorded statutory status to the Central Vigilance Commission (CVC)
by enacting Central Vigilance Commission Act, 2003. As mentioned above, the Commission
has been vested with superintendence over SPE, in terms of Section 4 of DSPE Act and
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Section 8 of CVC Act as far as it relates to investigation of cases under the Prevention of
Corruption Act, 1988. The Commission may give directions to DSPE for purpose of
discharging the responsibilities as provided in Section 4(1) of DSPE Act. However, the
Commission shall not require the DSPE to investigate or dispose of any case in a particular
manner. The Commission may review the progress of investigation conducted by DSPE into
offences alleged to have been committed under the Prevention of Corruption Act. The CVC
may review the applications pending with the competent authorities for sanction of
prosecution under the said P.C. Act. The CVC Act, 2003 is at
Annexure 1-D.
1.20 The Central Vigilance Commission may cause an enquiry or investigation to be made
into any complaint on a reference made by Central Government or otherwise against
members of all India Services serving in connection with the affairs of the Union and Group
‘A’ officers of the Central Government and such level of officers of the corporations
established by or under any Central Act, Government Companies, societies and other local
authorities, owned or controlled by the Central Government, as that Government may, by
notification in the Official Gazette, specify in this behalf.
LIAISON BETWEEN THE
GOVERNMENT OF INDIA
CBI
AND
THE
MINISTRIES/DEPARTMENTS
OF
1.21 In connection with its work, the CBI is authorized to contact and correspond directly
with the Ministries and Departments of the Government of India. Various Branches/Units of
CBI can also correspond directly with Central Government Departments but correspondence
with the Ministries should be addressed by them through the Head Office except in emergent
cases when they may send the communications direct to the Ministries. In the latter case,
however, they should endorse copies of their communications to the Head Office of the CBI
at New Delhi. The Ministries and Departments of the Government of India might refer to the
CBI matters in which its help is required.
1.22 Such direct reference from the CBI to the Ministries may be in regard to :
(i)
collection of information in connection with registration of new cases;
(ii)
obtaining records and documents in connection with enquiries and investigation;
(iii)
obtaining sanction of the Competent Authority for prosecution of accused
person;
(iv)
Transfers of suspects or accused persons;
(v)
Suspension of public servants;
(vi)
Departmental action.
However, no such correspondence may be made with regard to transfer of suspects
or accused persons or suspension of public servants by the CBI Branches without the
approval of Head Office.
ZONES, REGIONS AND BRANCHES/UNITS OF CBI
1.23 The Zones, Regions, Branches and Units of CBI have been divided on functional as
sell as territorial basis. While some of the Branches/Units are of specialized nature with allIndia jurisdiction, others cover a particular area. Some of the territorial Branches of CBI have
one or more than one Unit functioning under them. The Central Branches/Units, having allIndia jurisdiction are entrusted with important cases, which often have interstate or
international ramifications. These Branches/Units may also be entrusted cases, which are
not considered proper to be entrusted to the territorial Branches. While cases are entrusted
to Central Branches/Units by Director, CBI or with his approval on specific proposal received
from Joint Director/DIG, the territorial Branches/Units take up investigations/ enquiries in
their respective areas of jurisdiction under the orders of the Competent Authority as
prescribed from time to time. The Branches/Units are headed by officers of the rank of
Senior Superintendent of Police/Superintendent of Police. They, in turn, are supervised by
Page 10 of 10
Deputy Inspectors-General of Police, who may have two or three Branches/Units working
under them. The DIsG report to Joint Directors and Special Inspectors-General of Police.
The details of various Zones, Regions, Branches/Units along with their jurisdiction are given
in Annexure 1-E.
SPECIAL UNITS
1.24 Apart from the regular Branches, certain Specialized Units, called Special Units are
constituted to provide support to the regular Branches/Units especially in the field of
collection of intelligence relating to incidents of corruption in the higher echelons of Central
Government and Public Sector Undertakings. These Units also provide intelligence related
support to investigating Branches in investigation of cases. They also carry out internal
vigilance work for the organization. These Units are presently located at Delhi, Mumbai,
Kolkata and Chennai. They have all-India jurisdiction and work under DIsG/SU and are
supervised by Joint Director (Policy) and the DCBI. The Superintendents of Police of
different Branches, DIsG and JDs should regularly interact with the concerned Special Units
so that quality cases relating to high-level corruption and sensitive matters are taken up for
enquiry and investigation by CBI.
______
ANNEXURE 1-A
No. 4/31/61-T
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
New Delhi, the 1st April, 1963
RESOLUTION
The Government of India have had under consideration the establishment of a Central
Bureau of Investigation for the investigation of crimes at present handled by the Delhi
Special Police Establishment, including specially important cases under the Defence of India
Act and Rules particularly of hoarding, blackmarketing and profiteering in essential
commodities, which may have repercussions and ramifications in several States; the
collection of intelligence relating to certain types of crimes, participation in the work of the
National Central Bureau connected with the International Criminal Police Organization; the
maintenance of crime statistics and dissemination of information relating to crime and
criminals, the study of specialized crime of particular interest to the Government of India or
crimes having all-India or interstate ramifications or of particular interest to the Government
of India or crimes having all India or interstate ramifications or of particular importance from
the social point of view; the conduct of Police research, and the coordination of laws relating
to crime. As a first step in that direction, the Government Of India have decided to set up
with effect from 1st April, 1963 a Central Bureau of Investigation at Delhi with the following
six Divisions, namely :-
(i)
INVESTIGATION AND ANTI-CORRUPTION DIVISION
(DELHI SPECIAL POLICE ESTABLISHMENT).
(ii)
TECHNICAL DIVISION.
Page 11 of 11
(iii)
CRIME RECORDS AND STATISTICS DIVISION.
(iv)
RESEARCH DIVISION.
(v)
LEGAL DIVISION & GENERAL DIVISION.
(vi)
ADMINISTRATION DIVISION.
The Charter of function of the abovesaid Divisions will be as given in the Annexure.
The assistance of the Central Bureau of Investigation will also be available to the State
Police Forces on request for investigating and assisting in the investigation of interstate
crime and other difficult criminal cases.
Sd/- (V. VISHWANATHAN)
Secretary to the Government of India
______
No. 4/31/61/T, dated 1-4-1963
ORDER
ORDERED that a copy of the Resolution be communicated to all State
Governments/Union Territories Administrations, Director, Intelligence Bureau, InspectorGeneral, Special Police Establishment, Delhi, all Ministries/Departments of the Government
of India.
ORDERED ALSO that the Resolution be published in the Gazette of India for general
information.
Sd/- (V.VISHWANATHAN)
Secretary to the Government of India
______
Page 12 of 12
ANNEXURE
I.
INVESTIGATION AND ANTI-CORRUPTION DIVISION
(DELHI SPECIAL POLICE ESTABLISHMENT)
(1)
Cases in which public servants under the control of the Central Government are involved
either themselves or along with State Government servants and/or other persons.
(2)
Cases in which the interests of the Central Government or of any public sector project or
undertaking, or any statutory corporation or body set up and financed by the
Government of India are involved.
(3)
Cases relating to breaches of Central Laws with the enforcement of which the
Government of India is particularly concerned, e.g :(a) Breaches of Import and Export Control Orders;
(b) Serious breaches of Foreign Exchange Regulation Act;
(c) Passport frauds;
(d) Cases under the Official Secrets Act pertaining to the affairs of the Central
Government;
(e) Cases of certain specified categories under the Defence of India Act or Rules with
which the Central Government is particularly concerned.
(4)
Serious cases of cheating or fraud relating to the Railways, or Post & Telegraphs
Department, particularly those involving professional criminals operating in several
States.
(5)
Crime on High Seas.
(6)
Crime on the Airlines.
(7)
Important and serious cases in Union Territories particularly those by professional
criminals.
(8)
Serious cases of fraud, cheating and embezzlement relating to public joint stock
companies.
(9)
Other cases of a serious nature, when committed by organized gangs or professional
criminals, or cases having ramifications in several States, including Union Territories,
serious cases of spurious drugs, important cases of kidnapping of children by
professional interstate gangs, etc. Those cases will be taken up only at the request of or
with the concurrence of the State Governments/Union Territories Administrations
concerned.
(10) Collection of intelligence about corruption in the public services and the projects and
undertakings in the public sector.
(11) Prosecution of cases investigated by this Division.
(12) Presentation of cases before Enquiry Officers in which department proceedings are
instituted on the recommendations of this Division.
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II.
TECHNICAL DIVISION
(1) Technical assistance in investigation of cases involving accounts.
(2) Specialized assistance in cases involving Railways and Postal Accounts.
(3) Assistance in cases involving assessment of Income-Tax, Estate Duty etc.
(4) Examination of accounts and assets etc. in cases relating to allegations of
disproportionate assets.
(5) Examination of cases investigated by the Bureau, which have an income-tax aspect and
communication of information with a view to enabling the Income- Tax Department to
recover the evaded tax.
III.
CRIME RECORDS & STATISTICS DIVISION
(1) Maintenance of all India statistics of crime
(2) Study of all India trends in thefts and losses and recoveries of firearms and
ammunition and note forgery and counterfeit coining.
(3) Collection and dissemination of information about important interstate criminals.
(4) Preparation and circulation of reports and reviews relating to crime in India.
(5) Participation in the work of the ICPO, NCB, UNO Reporter for Crime.
IV.
RESEARCH DIVISION
(1)
Analysis and study of specialized crimes and of problems of a general nature affecting
the Police, e.g:–
(i)
Trends and causes of serious crimes in different areas;
(ii)
Preventive measures, their effectiveness and relationship with crime.
(iii)
Improvement in methods of investigation, utility and results of introducing scientific
aids and equipment.
(iv)
Inadequacy of laws, coordination of laws relating to crime in various States.
(v)
Criminal gangs operating in more than one State–wandering gangs– ex-criminal
tribes–habitual offenders.
(vi)
Crimes amongst the tribal people.
(vii)
Interstate note forgery and counterfeiting.
(viii) Social factors in crime.
(ix)
Industrialization and crime;
(x)
Juvenile delinquency.
(xi)
Kidnapping of women and children
(2) Participation in the work of the Central Forensic Science Advisory Committee and the
Central Medico-Legal Advisory Committee.
V.
LEGAL DIVISION & GENERAL DIVISION
(a)
Legal Section
(i) Legal Advice in cases investigated by the investigation and Anti- Corruption
Division.
(ii) Conducting prosecution in important cases.
(iii) Review of judicial decisions relating to criminal law and procedure for publication
in the CBI Gazette.
(iv) Compilation and circulation of Law Digest.
(v) Inadequacy of and amendments to laws.
(vi) Coordination of laws relating to crime in various States.
Page 14 of 14
(b)
VI.
General Section
(i)
Matters relating to organization, policy and procedure.
(ii)
Interstate conference relating to crime and anti- corruption work.
(iii)
Appreciation reports regarding modes of corruption in various Government
Departments and Public Sector Undertakings.
(iv)
Correspondence with Ministries and States on general questions relating to policy,
procedure etc.
(v)
Training courses in anti- corruption work.
(vi)
CBI Gazette.
(vii)
Photographic section.
ADMINISTRATION DIVISION
All establishment and accounts matters
______
Page 15 of 15
ANNEXURE 1-B
THE SPECIAL POLICE ESTABLISHMENT ACT, 1946
(ACT NO. 25 OF 1946)
AN ACT to make provision for the constitution of Special Police Force in Delhi for the investigation of
certain offences in the Union Territories for the superintendence and administration of the said force
and for the extension to other areas of the powers and jurisdiction of members of the said force in
regard to the investigation of the said offences.
(19th November,1946)
WHEREAS it is necessary to constitute a Special Police Force in Delhi for the investigation of
certain offences in the Union Territories and to make provision for the superintendence and
administration of the said force and for the extension to other areas of the powers and jurisdiction of
the members of the said force in regard to the investigation of the said offences:
Short title and extent
1. (1)
This Act may called the Delhi Special Police Establishment Act, 1946.
2. (2)
It extends to the whole of India.
Constitution & Powers of Special Police Establishment
2. (1) Notwithstanding anything in the Police Act, 1861, the Central Government may
constitute a Special Police Force to be called the Delhi Special Police Establishment for the
investigation in any Union Territory of offences notified under Section 3.
(2) Subject to any orders which the Central Government may make in this behalf,
members of the said Police establishment shall have throughout any Union Territory in relation to the
investigation of such offences and arrest of persons concerned in such offences, all the powers,
duties, privileges and liabilities which Police Officers of that Union Territory have in connection with
the investigation of offences committed therein.
(3) Any member of the said Police establishment of or above the rank of Sub- Inspector
may, subject to any orders, which the Central Government may make in this behalf, exercise in any
Union Territory any of the powers of the officer-in-charge of a Police Station in the area in which he is
for the time being and when so exercising such powers shall, subject to any such orders as aforesaid,
be deemed to be an officer-in-charge of the Police Station discharging the functions of such an officer
within the limits of his station.
Offences to be investigated by S.P.E
3. The Central Government may, by notification in the Official Gazette, specify the offences or
classes of offences which are to be investigated by the Delhi Special Police Establishment
Superintendence & Administration of S.P.E.
4. (1) The superintendence of the Delhi Special Police Establishment shall vest in the
Central Government.
(2) The administration of the said Police establishment shall vest in an officer appointed
in this behalf by the Central Government who shall exercise in respect of that Police establishemt
such of the powers exercisable by an Inspector-General of Police in respect of the Police Force in a
State, as the Central Government may specify in this behalf.
Extension of Powers and Jurisdiction of S.P.E. to other areas
5. (1) The Central Government may by order extend to any area including Railway areas in a
State, not being Union Territory the powers and jurisdiction of members of the Delhi Special Police
Establishment for the investigation of any offences or classes of offences specified in a notification
under Section 3.
Page 16 of 16
(2) Then by an order under sub-section (1) the powers and jurisdiction of members of the
said Police establishment are extended to any such area, a member thereof may, subject to any
orders which the Central Government may make in this behalf, discharge the functions of a Police
Officer in that area and shall, while so discharging such functions, be deemed to be a member of the
Police Force of that area and be vested with the powers, functions and privileges and be subject to
the liabilities of a Police Officer belonging to that Police Force.
(3) Where any such order under sub-section (1) is made in relation to any area, then,
without prejudice to the provisions of sub-section (2), any member of the Delhi Special Police
Establishment of or above the rank of Sub-Inspector may, subject to any orders which the Central
Government may make in this behalf, exercise the powers of an officer in charge of a Police Station in
that area and when so exercising such powers, shall be deemed to be an Officer-in-charge of a Police
Station discharging the functions of such an officer within the limits of his station [inserted vide Section
5 of the Anti-Corruption Laws (Amendment) Act, 1964].
Consent of State Government to exercise of Powers & Jurisdiction
6. Nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special
Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union
Territory or Railway area, without the consent of the Government of that State.
7 Repeal of Ordinance 22 of 1946 [Rep. by the Repealing and Amending Act, 1950 (35 of
1950), S.2 and Sch.1].
______
ANNEXURE 1-C
ISSUED UNDER THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946 (ACT NO.
25 OF 1946)
SECTION 3
“Offences to be investigated by Special Police Establishment
The Central Government may, by notification in the official Gazette, specify the offences
or classes of offences which are to be investigated by the Delhi Special Police Establishment.”
Notifications issued by the Central Government specify the following offences, which are to be
investigated by the Delhi Special Police Establishment under Section 3 of the DSPE Act:−
−
A. IPC offences punishable under Section 34, 114, 120-B, 121, 121-A, 122, 123, 124, 124-A,
128, 129, 130, 131, 132, 133, 134, 135, 136, 138, 140, 143, 147, 148, 149, 153-A, 153-B,
161, 162, 163, 164, 165, 165-A, 166, 167, 168, 169, 170, 171-E, 171-F, 182, 186, 188, 189,
190, 193, 196, 197, 198, 199, 200, 201, 204, 211, 212, 214, 216, 216-A, 218, 220, 222,
223, 224, 225, 225-B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243,
244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261,
Page 17 of 17
262, 263, 263-A, 275, 277, 279, 283, 284, 285, 286, 292, 295, 295-A, 302, 303, 304, 304-A,
304-B, 306, 307, 308, 309, 323, 324, 325, 326, 328, 330, 331, 332, 333, 336, 337, 338,
341, 342, 343, 344, 346, 347, 352, 353, 354, 355, 363, 363-A, 364, 364-A, 365, 366, 367,
368, 376, 376-A, 376-B, 376-C, 376-D, 379, 380, 381, 382, 384, 385, 386, 387, 388, 389,
392, 393, 394, 395, 396, 397, 398, 399, 401, 402, 403, 406, 407, 408, 409, 411, 412, 413,
414, 417, 418, 419, 420, 421, 426, 427, 429, 431, 435, 436, 440, 447, 448, 452, 454, 456,
457, 460, 461, 465, 466, 467, 468, 469, 471, 472, 473, 474, 475, 476, 477, 477-A, 489,
489-A, 489-B, 489-C, 489-D, 489-E, 495, 498-A, 499, 500, 501, 502, 504, 505, 506, 507,
509 of Indian Penal Code, 1860 (Act No.45 of 1860).
B. CENTRAL ACTS
Offences punishable under:
1. Aircraft Act, 1934 (Act No. 22 of 1934) and rules made under the said Act.
2. Anti-Hijacking Act, 1982 (Act No. 65 of 1982).
3. Antiquities and Art Treasures Act, 1972 (Act No. 52 of 1972).
4. Arms Act, 1959 (Act No. 54 of 1959).
5. Atomic Energy Act, 1962 (Act No. 33 of 1962).
6. Section 3 of Benami Transaction (Prohibition) Act, 1988 (Act No. 45 of 1988).
7. Central Excises and Salt Act, 1944 (Act No. 1 of 1944).
8. Companies Act, 1956 (Act No. 1 of 1956).
9. Sections 63, 63-A, 63-B, 65, 67, 68, 68-A and 69 of Copyrights Act, 1957 (Act No. 14
of 1957).
10. Criminal Law (Amendment) Act, 1961 (Act No. 23 of 1961).
11. Customs Act, 1962 (Act No. 52 of 1962).
12. Drugs and Cosmetics Act, 1940 (Act No. 23 of 1940).
13. Section 24 of Emigration Act, 1983 (Act No. 31 of 1983).
14. Emergency Provisions (Continuance) Ordinance 1946 (Ordinance No. 20 of 1946) if
committed by the Employees of the Central Government or contractors or subcontractors or their representatives by contravening any order issued by the Central
Government.
15. Essential Commodities Act, 1955 (Act No. 10 of 1955).
16. Explosives Act, 1884 (Act No. 4 of 1884).
17. Explosive Substances Act, 1908 (Act No. 6 of 1908).
18. Electricity Act, 1910 (Act No. 9 of 1910).
19. Foreign Contribution (Regulation) Act, 1976 (Act No. 49 of 1976).
20. Foreigners Act, (Act No. 31 of 1946).
21. Foreign Exchange Regulation Act, 1973 (Act No. 46 of 1973).
22. General Insurance Business (Nationalisation) Act, 1922 (Act No. 57 of 1922).
23. Gift Tax Act,1958 (Act No.18 of 1958).
24. Gold Control Act, 1968 (Act No.45 of 1968).
25. Income Tax Act, 1961 (Act No. 43 of 1961).
26. Import and Export (Control) Act, 1947 (Act No. 18 of 1947).
27. Section 3, 4, 5, 8, 9 and 15 of the Immoral Traffic (Prevention) Act, 1956 (Act No. 104 of
1956).
28. Insurance Act, 1938 (Act No. 4 of 1938).
29. Industries (Development and Regulation) Act, 1951 (Act No. 65 of 1951).
30. Information Technology Act, 2000 (Act No. 21 of 2000).
Page 18 of 18
31. Indian Stamp Act, 1899.
32. Mines and Minerals (Regulation & Development) Act, 1957 (Act No. 67 of 1957).
33. Motor Vehicles Act, 1939 (Act No. 4 of 1939).
34. Narcotic Drugs and Psychotropic Substance Act, 1985 (Act No. 61 of 1985).
35. Section 138 of the Negotiable Instruments Act, 1881 (Act No. 26 of 1881).
36. Official Secrets Act, 1923 (Act No. 19 of 1923).
37. Passport Act, 1920 (Act No. 24 of 1920) and rule 6 of Passport Rules 1950.
38. The Passport (Entry into India) Rules 1950 r/w Passport (Entry into India) Act
(Act No. 34 of 1920).
1920,
39. Passport Act, 1967 (Act No. 15 of 1967).
40. Prevention of Corruption Act, 1947 (Act No. 2 of 1947).
41. Prevention of Corruption Act, 1988 (Act No. 49 of 1988).
42. Prevention of Food Adultration Act, 1954 (Act No. 37 of 1954).
43. Prevention of Damage to Public Property Act, 1984 (Act No. 3 of 1984).
44. The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988
(Act No. 46 of 1988).
45. Prevention of Insults to National Honour Act, 1971 (Act No. 69 of 1971).
46. Prevention of Terrorism Ordinance, 2001 ( No. 9 of 2001).
47. Prevention of Terrorism Act, 2002 (Act No. 15 of 2002).
48. The Press and Registration of Books Act, 1867 (Act No. 25 of 1867).
49. Section 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978
(Act No. 43 of 1978).
50. Post Office Act, 1898 (Act No. 6 of 1898).
51. Railways Act, 1890 (Act No. 9 of 1890).
52. Railways Stores (Unlawful Possession) Act, 1955 (Act No. 51 of 1955).
53. Railways Act, 1989 (Act No. 24 of 1989).
54. Representation of the People Act, 1950 (Act No. 43 of 1950).
55. Representation of the People Act, 1951 (Act no. 43 of 1951).
56. Registration of Foreigners Act, 1939 (Act No. 16 of 1939).
57. Section 24 of the Security Exchange Board of Binders Act, 1942.
58. Suppression of Unlawful Act against Safety of Civil Aviation Act, 1982
(Act No. 66 of 1982).
59. The Religious Institutions (Prevention of Misuse) Act, 1988 (Act No.41 of 1988).
60. Section 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
61. Sections 11 and 12 of the Territorial Waters Continental Shelf, Exclusive
Zone and other Maritime Zones Act, 1976 (Act No.80 of 1976).
Economic
62. Telegraph Act, 1885 (Act No. 13 of 1885).
63. Telegraph Wires (Unlawful Possession) Act, 1950 (Act No.74 of 1950).
64. Terrorist and Disruptive Activities (Prevention) Act, 1985 (Act No. 31 of
Rules made thereunder.
1985) and
65. Terrorist and Disruptive Activities (Prevention) Act, 1987 (Act No. 28 of 1987) and Rules
made thereunder.
Page 19 of 19
66. Unlawful Activities (Prevention) Act, 1967 (Act No. 37 of 1967).
67. Wireless and Telegraphy Act, 1933 (Act No. 17 of 1933).
68. Wealth Tax Act, 1957 (Act No. 27 of 1957).
69. Section 51 of Wildlife Protection Act, 1972 (Act No. 53 of 1972).
C. STATE ACTS
Offences punishable under:
1. Assam Opium Prohibition Act, 1947.
2. Andhra Pradesh Control of Organized Crime Act, 2001.
3. Bombay Stamp Act, 1958.
4.
Bihar and Orissa Excise Act, 1915 Bihar and Orissa Act, No. 2 of 1915.
5. (a) Section 121, 147, 161, 162, 163, 164, 165, 166, 167, 168, 169, 182, 193, 197, 198,
201, 204, 211, 218, 223, 224, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240,
241, 242, 243, 246, 247, 248, 249, 250, 251, 252, 253, 254, 258, 259, 260, 261,
262, 263, 263-A, 302, 304, 304-A, 306, 307, 308, 309, 323, 324, 325, 326, 328, 330,
332, 333, 336, 337, 338, 341, 342, 343, 344, 346, 347, 352, 353, 354, 355, 363,
363-A, 364, 365, 366, 367, 368, 376, 379, 380, 381, 382, 384, 385, 386, 387, 388,
389, 392, 395, 403, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419, 420,
427, 452, 465, 466, 467, 468, 471, 472, 473, 474, 475, 476, 477-A, 489-A, 489-B,
489-C, 489-D, 511 of Jammu and Kashmir State Ranbir Penal Code Sambat &
Jammu and Kashmir Act No. 12 of Sambat 1989).
(b) Jammu and Kashmir State Prevention of Corruption Act Sambat 2006 (J&K Act No.
13 of Sambat 2006).
(c) Section 132, 133, 135, 136 of the Custom Act, 1962 (Jammu and
No. 52 of 1962).
Kashmir Act
(d) Energy Agents ordinance of Sambat 2005 issued by Government of
Kashmir.
Jammu and
6. The Karnataka Control of Organized Crime Act, 2000.
7. The Karnataka Stamp Act, 1957.
8. Maharashtra Control of Organized Crime Act, 1999.
9. Section 7 of the Nagaland Security Regulation 1962 (Regulation 5 of 1962).
10. Punjab Special Powers (Press) Act, 1956 (Punjab Act No. 38 of 1956).
11. Section 124 of the Punjab State Election Commission Act, 1994 (Punjab Act
1994).
No. 19 of
12. Uttar Pradesh Indian Medicines Act, 1939 (U.P. Act No. 10 of 1939).
13. Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (Uttar
Pradesh Act No.7 of 1986).
14. West Bengal Security Act,s 1950 (West Bengal Act No. 19 of 1950) as re-enacted by the
West Bengal Security (re-enacted and validation) Ordinance, 1966.
Attempts, abetments and conspiracies in relation to or in connection with the offences
mentioned at A,B,C and any other offences committed in the course of the same transaction
arising out of the same facts.
______
Page 20 of 20
ANNEXURE 1-D
THE CENTRAL VIGILANCE COMMISSION ACT, 2003
(ACT NO. 45 OF 2003)
(11th September, 2003)
AN ACT to provide for the constitution of a Central Vigilance Commission to inquire or cause inquiries
to be conducted into offences alleged to have been committed under the Prevention of Corruption Act,
1988 by certain categories of public servants of the Central Government, corporations established by
or under any Central Act, Government, companies, societies and local authorities owned or controlled
by the Central Government and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:
CHAPTER 1
PRELIMINARY
1. This Act may be called the Central Vigilance Commission Act, 2003.
2. In this Act, unless the context otherwise requires,−
(a)
”Central Vigilance Commissioner” means the Central Vigilance Commission
appointed under sub-section (1) of Section 4;
(b)
“Commission” means the Central Vigilance Commission constituted under subsection (1) of Section 3;
(c)
“Delhi Special Police Establishment” means the Delhi Special Police Establishment
constituted under sub-section (1) of Section 2 of the Delhi Special Police
Establishment Act, 1946;
(d)
“Government company” means a Government company within the meaning of the
Companies Act, 1956;
(e)
“prescribed” means prescribed by rules made under this Act;
(f) “Vigilance Commissioner” means a Vigilance Commissioner appointed under subsection (1) of Section 4.
CHAPTER II
THE CENTRAL VIGILANCE COMMISSION
3. (1) There shall be constituted a body to be known as the Central Vigilance Commission to
exercise the powers conferred upon, and to perform the functions assigned to it under this Act and the
Central Vigilance Commission constituted under sub-section (1) of section 3 of the Central Vigilance
Commission Ordinance, 1999 which ceased to operate, and continued under the Government of India
in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and
Training) Resolution No.371/20/ 99-AVD. III, dated the 4th April, 1999 as amended vide
Resolution of even number, dated the 13th August, 2002 shall be deemed to be the Commission
constituted under this Act.
(2) The Commission shall consist of—
(a) a Central Vigilance Commissioner
— Chairperson;
(b) not more than two Vigilance Commissioners — Members.
(3)
The Central Vigilance Commissioner and the Vigilance Commissioners shall be
appointed from amongst persons—
Page 21 of 21
(a) who have been or are in an All-India Service or in any Civil Service of the Union or
in a Civil post under the Union having knowledge and experience in the matters
relating to vigilance, policy making and administration, including Police
Administration; or
(b) who have held office or are holding office in a corporation established by or under
any Central Act or a Government company owned or controlled by the Central
Government and persons who have expertise and experience in finance including
insurance and banking, law, vigilance and investigations:
Provided that, from amongst the Central Vigilance Commissioner and the Vigilance
Commissioners, not more than two persons shall belong to the category of persons referred to either
in clause (a) or clause (b):
(4) The Central Government shall appoint a Secretary to the Commission on such terms
and conditions as it deems fit to exercise such powers and discharge such duties as the Commission
may by regulations specify in this behalf.
(5) The Central Vigilance Commissioner, the other Vigilance Commissioners and the
Secretary to the Commission appointed under the Central Vigilance Commission Ordinance, 1999 or
the Resolution of the Government of India in the Ministry of Personnel, Public Grievances and
Pensions (Department of Personnel and Training) Resolution No. 371/20/99-AVD. III, dated the 4th
April, 1999 as amended vide Resolution of even number, dated the 13th August, 2002 shall be
deemed to have been appointed under this Act on the same terms and conditions including the term
of office subject to which they were so appointed under the said Ordinance or the Resolution, as the
case may be
Explanation—For the purposes of this sub-section, the expression “term of office” shall be
construed as the term of office with effect from the date the Central Vigilance Commissioner or any
Vigilance Commissioner has entered upon his office and continued as such under this Act.
(6)
The headquarters of the Commission shall be at New Delhi.
4. (1)
The Central Vigilance Commissioner and the Vigilance Commissioners shall be
appointed by the President by warrant under his hand and seal:
Provided that every appointment under this sub-section shall be made after obtaining the
recommendation of a Committee consisting of—
(a)
the Prime Minister
— Chairperson;
(b)
the Minister of Home Affairs
— Member;
(c)
the Leader of the Opposition in the House of the People
— Member.
Explanation—For the purposes of this sub-section, “the Leader of the Opposition in the
House of the People” shall, when no such Leader has been so recognised, include the Leader of the
single largest group in opposition of the Government in the House of the People.
(2) No appointment of a Central Vigilance Commissioner or a Vigilance Commissioner shall
be invalid merely by reason of any vacancy in the Committee.
5. (1) Subject to the provisions of sub-sections (3) and (4), the Central Vigilance
Commissioner shall hold office for a term of four years from the date on which he enters upon his
office or till he attains the age of sixty-five years, whichever is earlier. The Central Vigilance
Commissioner, on ceasing to hold the office, shall be ineligible for reappointment in the Commission.
(2) Subject to the provisions of sub-sections (3) and (4), every Vigilance Commissioner
shall hold office for a term of four years from the date on which he enters upon his office or till he
attains the age of sixty-five years, whichever is earlier:
Provided that every Vigilance Commissioner, on ceasing to hold the office, shall be eligible
for appointment as the Central Vigilance Commissioner in the manner specified in sub-section (1) of
Section 4:
Provided further that the term of the Vigilance Commissioner, if appointed as the Central
Vigilance Commissioner, shall not be more than four years in aggregate as the Vigilance
Commissioner and the Central Vigilance Commissioner.
Page 22 of 22
(3) The Central Vigilance Commissioner or a Vigilance Commissioner shall, before he
enters upon his office, make and subscribe before the President, or some other person appointed in
that behalf by him, an oath or affirmation according to the form set out for the purpose in Schedule to
this Act.
(4) The Central Vigilance Commissioner or a Vigilance Commissioner may, by writing
under his hand addressed to the President, resign his office.
(5) The Central Vigilance Commissioner or a Vigilance Commissioner may be removed
from his office in the manner provided in Section 6.
(6) On ceasing to hold office, the Central Vigilance Commissioner and every other
Vigilance Commissioner shall be ineligible for —
(a) any diplomatic assignment, appointment as administrator of a Union territory and
such other assignment or appointment which is required by law to be made by the
President by warrant under his hand and seal.
(b) further employment to any office of profit under the Government of India or the
Government of a State.
(7)
The salary and allowances payable to and the other conditions of service of:
(a) the Central Vigilance Commissioner shall be the same as those of the Chairman
of the Union Public Service Commission;
(b) the Vigilance Commissioner shall be the same as those of a Member of the Union
Public Service Commission:
Provided that if the Central Vigilance Commissioner or any Vigilance Commissioner is, at the
time of his appointment, in receipt of a pension (other than a disability or wound pension) in respect of
any previous service under the Government of India or under the Government of a State, his salary in
respect of the service as the Central Vigilance Commissioner or any Vigilance Commissioner shall be
reduced by the amount of that pension, including any portion of pension which was commuted and
pension equivalent of other forms of retirement benefits excluding pension equivalent of
retirement gratuity:
Provided further that if the Central Vigilance Commissioner or any Vigilance Commissioner is,
at the time of his appointment, in receipt of retirement benefits in respect of any previous service
rendered in a corporation established by or under any Central Act or a Government company owned
or controlled by the Central Government, his salary in respect of the service as the Central Vigilance
Commissioner or, as the case may be, the Vigilance Commissioner shall be reduced by the amount of
pension equivalent to the retirement benefits:
Provided also that the salary, allowances and pension payable to, and the other conditions of
service of, the Central Vigilance Commissioner or any Vigilance Commissioner shall not be varied to
his disadvantage after his appointment.
6. (1) Subject to the provisions of sub-section (3), the Central Vigilance Commissioner or any
Vigilance Commissioner shall be removed from his office only by order of the President on the ground
of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the
President, has, on inquiry, reported that the Central Vigilance Commissioner or any Vigilance
Commissioner, as the case may be, ought on such ground be removed.
(2) The President may suspend from office, and if deem necessary prohibit also from
attending the office during inquiry, the Central Vigilance Commissioner or any Vigilance
Commissioner in respect of whom a reference has been made to the Supreme Court under subsection (1) until the President has passed orders on receipt of the report of the Supreme Court on
such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may by order
remove from office the Central Vigilance Commissioner or any Vigilance Commissioner if the Central
Vigilance Commissioner or such Vigilance Commissioner, as the case may be,—
(a)
is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government,
involves moral turpitude; or
Page 23 of 23
(c)
engages during his term of office in any paid employment outside the duties of his
office; or
(d)
is, in the opinion of the President, unfit to continue in office by reason of infirmity
of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his
functions as a Central Vigilance Commissioner or a Vigilance Commissioner.
(4) If the Central Vigilance Commissioner or any Vigilance Commissioner is or becomes in
any way, concerned or interested in any contract or agreement made by or on behalf of the
Government of India or participates in any way in the profit thereof or in any benefit or emolument
arising therefrom otherwise than as a member and in common with the other members of an
incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of
misbehaviour.
7. The Central Government may, in consultation with the Commission, make rules with
respect to the number of members of the staff of the Commission and their conditions of service.
CHAPTER III
FUNCTIONS AND POWERS OF THE CENTRAL VIGILANCE COMMISSION
8. (1) The functions and powers of the Commission shall be to—
(a) exercise superintendence over the functioning of the Delhi Special Police
Establishment in so far as it relates to the investigation of offences alleged to have
been committed under the Prevention of Corruption Act, 1988 or an offence with
which a public servant specified in sub-section (2) may, under the Code of Criminal
Procedure, 1973, be charged at the same trial;
(b)
give directions to the Delhi Special Police Establishment for the purpose of
discharging the responsibility entrusted to it under sub-section (1) of Section 4 of the
Delhi Special Police Establishment Act, 1946:
Provided that while exercising the powers of superintendence under clause
(a) or giving directions under this clause, the Commission shall not exercise powers
in such a manner so as to require the Delhi Special Police Establishment to
investigate or dispose of any case in a particular manner;
(c) inquire or cause an inquiry or investigation to be made on a reference made by the
Central Government wherein it is alleged that a public servant being an employee of
the Central Government or a corporation established by or under any Central Act,
Government company, society and any local authority owned or controlled by that
Government, has committed an offence under the Prevention of Corruption Act,
1988 or an offence with which a public servant may, under the Code of Criminal
Procedure, 1973, be charged at the same trial;
(d) inquire or cause an inquiry or investigation to be made into any complaint against
any official belonging to such category of officials specified in sub-section (2)
wherein it is alleged that he has committed an offence under the Prevention of
Corruption Act, 1988 and an offence with which a public servant specified in subsection (2) may, under the Code of Criminal Procedure, 1973, be charged at the
same trial;
(e) review the progress of investigations conducted by the Delhi Special Police
Establishment into offences alleged to have been committed under the Prevention of
Corruption Act, 1988 or the public servant may, under the Code of Criminal
Procedure, 1973, be charged at the same trial;
(f) review the progress of applications pending with the competent authorities for
sanction of prosecution under the Prevention of Corruption Act, 1988;
(g) tender advice to the Central Government, corporations established by or under any
Central Act, Government companies, societies and local authorities owned or
controlled by the Central Government on such matters as may be referred to it by
that Government, said Government companies, societies and local authorities
owned or controlled by the Central Government or otherwise;
Page 24 of 24
(h) exercise superintendence over the vigilance administration of the various Ministries
of the Central Government or corporations established by or under any Central Act,
Government companies, societies and local authorities owned or controlled by that
Government
Provided that nothing contained in this clause shall be deemed to authorise the Commission
to exercise superintendence over the Vigilance administration in a manner not consistent with the
directions relating to vigilance matters issued by the Government and to confer power upon the
Commission to issue directions relating to any policy matters;
(2) The persons referred to in clause (d) of sub-section (1) are as follows:
(a) members of All-India Services serving in connection with the affairs of the Union
and Group ‘A’ officers of the Central Government;
(b) such level of officers of the corporations established by or under any Central Act,
Government companies, societies and other local authorities, owned or controlled
by the Central Government, as that Government may, by notification in the Official
Gazette, specify in this behalf:
Provided that till such time a notification is issued under this clause, all officers of the said
corporations, companies, societies and local authorities shall be deemed to be the persons referred to
in clause (d) of sub-section (1).
9. (1) The proceedings of the Commission shall be conducted at its headquarters.
(2) The Commission may, by unanimous decision, regulate the procedure for transaction of
its business as also allocation of its business amongst the Central Vigilance Commissioner and other
Vigilance Commissioners.
(3) Save as provided in sub-section (2), all business of the Commission shall, as far as
possible, be transacted unanimously.
(4) Subject to the provisions of sub-section (3), if the Central Vigilance Commissioner and
other Vigilance Commissioners differ in opinion on any matter, such matter shall be decided according
to the opinion of the majority.
(5) The Central Vigilance Commissioner, or, if for any reason he is unable to attend any
meeting of the Commission, the senior-most Vigilance Commissioner present at the meeting, shall
preside at the meeting.
(6)
No act or proceeding of the Commission shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Commission; or
(b)
any defect in the appointment of a person acting as the Central Vigilance
Commissioner or as a Vigilance Commissioner; or
(c) any irregularity in the procedure of the Commission not affecting the merits of the
case.
10. (1) In the event of the occurrence of any vacancy in the office of the Central Vigilance
Commissioner by reason of his death, resignation or otherwise, the President may, by notification,
authorise one of the Vigilance Commissioners to act as the Central Vigilance Commissioner until the
appointment of a new Central Vigilance Commissioner to fill such vacancy.
(2) When the Central Vigilance Commissioner is unable to discharge his functions owing
to absence on leave or otherwise, such one of the Vigilance Commissioners as the President may, by
notification, authorise in this behalf, shall discharge the functions of the Central Vigilance
Commissioner until the date on which the Central Vigilance Commissioner resumes his duties.
11. The Commission shall, while conducting any inquiry referred to in clauses (b) and (c) of
sub-section (1) of section 8, have all the powers of a Civil Court trying a suit under the Code of Civil
Procedure, 1908 and in particular, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from any part of India and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any Court or office;
Page 25 of 25
(e) issuing commissions for the examination of witnesses or other documents; and
(f) any other matter which may be prescribed.
12. The Commission shall be deemed to be a Civil Court for the purposes of section 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973 and every proceeding before the Commission
shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the
purposes of Section 196 of the Indian Penal Code.
CHAPTER IV
EXPENSES AND ANNUAL REPORT
13. The expenses of the Commission, including any salaries, allowances and pensions payable to
or in respect of the Central Vigilance Commissioner, the Vigilance Commissioners, Secretary and the
staff of the Commission, shall be charged on the Consolidated Fund of India.
14. (1) It shall be the duty of the Commission to present annually to the President a report
as to the work done by the Commission within six months of the close of the year under report.
(2) The report referred to in sub-section (1) shall contain a separate part on the
functioning of the Delhi Special Police Establishment in so far as it relates to sub-section (1) of
Section 4 of the Delhi Special Police Establishment Act, 1946.
(3) On receipt of such report, the President shall cause the same to be laid before each
House of Parliament.
CHAPTER V
MISCELLANEOUS
15. No suit, prosecution or other legal proceeding shall lie against the Commission, the
Central Vigilance Commissioner, any Vigilance Commissioner, the Secretary or against any staff of
the Commission in respect of anything which is in good faith done or intended to be done under this
Act.
16. The Central Vigilance Commissioner, every Vigilance Commissioner, the Secretary and
every staff of the Commission shall be deemed to be a public servant within the meaning of Section
21 of the Indian Penal Code.
17. (1) The report of the inquiry undertaken by any agency on a reference made by the
Commission shall be forwarded to the Commission.
(2) The Commission shall, on receipt of such report and after taking into consideration any
other factors relevant thereto, advise the Central Government and corporations established by or
under any Central Act, Government companies, societies and local authorities owned or controlled by
that Government, as the case may be, as to the further course of action.
.
(3) The Central Government and the corporations established by or under any Central Act,
Government companies, societies and other local authorities owned or controlled by that Government,
as the case may be, shall consider the advice of the Commission and take appropriate action:
Provided that where the Central Government, any corporation established by or under any
Central Act, Government company, society or local authority owned or controlled by the Central
Government, as the case may be, does not agree with the advice of the Commission, it shall, for
reasons to be recorded in writing, communicate the same to the Commission.
18. The Commission may call for reports, returns and statements from the Central
Government or corporations established by or under any Central Act, Government companies,
societies and other local authorities owned or controlled by that Government so as to enable it to
exercise general supervision over the vigilance and anti-corruption work in that Government and in
the said corporations, Government companies, societies and local authorities.
19. The Central Government shall, in making any rules or regulations governing the vigilance
or disciplinary matters relating to persons appointed to public services and posts in connection with
the affairs of the Union or to members of the All-India Services, consult the Commission.
20. (1) The Central Government may, by notification in the Official Gazette, make rules for the
purpose of carrying out the provisions of this Act.
Page 26 of 26
(2) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:—
(a) the number of members of the staff and their conditions of service under Section
7;
(b) any other power of the Civil Court to be prescribed under clause (f) of Section 11;
and
(c) any other matter which is required to be, or may be, prescribed.
21. (1) The Commission may, with the previous approval of the Central Government, by
notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made
thereunder to provide for all matters for which provision is expedient for the purposes of giving effect
to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following matters, namely:—
(a) the duties and the powers of the Secretary under sub-section (4) of Section
3; and
(b)
the procedure to be followed by the Commission under sub-section (2) of Section 9.
22. Every notification issued under clause (b) of sub-section (2) of section 8 and every rule
made by the Central Government and every regulation made by the Commission under this Act shall
be laid, as soon as may be after it is issued or made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the notification or the
rule or the regulation, or both Houses agree that the notification or the rule or the regulation should
not be made, the notification or the rule or the regulation shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that notification
or rule or regulation.
23. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the
date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid
before each House of Parliament.
24. With effect from the constitution of the Commission under sub-section (1) of Section 3, the
Central Vigilance Commission set up by the Resolution of the Government of India in the Ministry of
Home Affairs No. 24/7/64-AVD, dated the 11th February, 1964 (hereafter referred to in this section as
the existing Vigilance Commission) shall, in so far as its functions are not inconsistent with the
provisions of this Act, continue to discharge the said functions and—
(a) all actions and decisions taken by the Vigilance Commission insofar as such actions
and decisions are relatable to the functions of the Commission constituted under this
Act shall be deemed to have been taken by the Commission;
(b) all proceedings pending before the Vigilance Commission, insofar as such
proceedings relate to the functions of the Commission, shall be deemed to be
transferred to the Commission and shall be dealt with in accordance with the
provisions of this Act;
(c) the employees of the Vigilance Commission shall be deemed to have become the
employees of the Commission on the same terms and conditions;
(d) all the assets and liabilities of the Vigilance Commission shall be transferred to the
Commission.
Page 27 of 27
25. Notwithstanding anything contained in the Foreign Exchange Management Act, 1999 or
any other law for the time being in force,—
(a) the Central Government shall appoint a Director of Enforcement in the Directorate of
Enforcement in the Ministry of Finance on the recommendation of the Committee
consisting of—
(i)
the Central Vigilance Commissioner — Chairperson;
(ii) Vigilance Commissioners — Members;
(iii) Secretary to the Government of India incharge of the Ministry of Home
in the Central Government — Member;
(iv)
(v)
Affairs
Secretary to the Government of India incharge of the Ministry of
Personnel in the Central Government — Member;
Secretary to the Government of India incharge of the Department of Revenue, Ministry of
Finance in the Central Government — Member;
(b) while making a recommendation, the Committee shall take into consideration the
integrity and experience of the officers eligible for appointment;
(c) no person below the rank of Additional Secretary to the Government of India shall be
eligible for appointment as a Director of Enforcement;
(d) a Director of Enforcement shall continue to hold office for a period of not less than
two years from the date on which he assumes office;
(e) a Director of Enforcement shall not be transferred except with the previous consent of
the Committee referred to in clause (a);
(f)
the Committee referred to in clause (a) shall, in consultation with the Director of
Enforcement, recommend officers for appointment to the posts above the level of the
Deputy Director of Enforcement and also recommend the extension or curtailment of
the tenure of such officers in the Directorate of Enforcement;
(g)
on receipt of the recommendation under clause (f), the Central Government shall
pass such orders as it thinks fit to give effect to the said recommendation.
26. In the Delhi Special Police Establishment Act, 1946,—
(a) after section 1, the following section shall be inserted, namely:—
“1A. Words and expressions used herein and not defined but defined in the Central
Vigilance Commission Act, 2003, shall have the meanings, respectively, assigned to
them in that Act.”;
(b)
for section 4, the following sections shall be substituted, namely:—
“4. (1) The superintendence of the Delhi Special Police Establishment in so far as it
relates to investigation of offences alleged to have been committed under the
Prevention of Corruption Act, 1988, shall vest in the Commission.
(2) Save as otherwise provided in sub-section (1), the superintendence of the
said Police establishment in all other matters shall vest in the Central
Government.
(3) The administration of the said Police establishment shall vest in an officer
appointed in this behalf by the Central Government (hereinafter referred to as
the Director) who shall exercise in respect of that Police establishment such
of the powers exercisable by an Inspector-General of Police in respect of the
Police Force in a State as the Central Government may specify in this behalf.
4A.
(1)
The Central Government shall appoint the Director on the
recommendation of the Committee consisting of—
(a) the Central Vigilance Commissioner — Chairperson;
(b) Vigilance Commissioners — Members;
Page 28 of 28
(c) Secretary to the Government of India incharge of the Ministry of
Home Affairs in the Central Government — Member;
(d) Secretary (Coordination and Public Grievances) in the Cabinet
Secretariat — Member.
(2)
While making any recommendation under sub-section (1), the
Committee shall take into consideration the views of the outgoing
Director.
(3) The Committee shall recommend a panel of officers—
(a) on the basis of seniority, integrity and experience in the
investigation of anti-corruption cases; and
(b) chosen from amongst officers belonging to the Indian Police Service
constituted under the All-India Services Act, 1951, for being
considered for appointment as the Director.
4B. (1)
The Director shall, notwithstanding anything to the contrary contained in
the rules relating to his conditions of service, continue to hold office for a
period of not less than two years from the date on which he assumes
office.
(2) The Director shall not be transferred except with the previous consent of
the Committee referred to in sub-section (1) of Section 4A.
4C.
(1)
(2)
The Committee referred to in section 4A shall, after consulting the
Director, recommend officers for appointment to the posts of the level of
Superintendent of Police and above and also recommend the extension
or curtailment of the tenure of such officers in the Delhi Special Police
Establishment.
On receipt of the recommendation under sub-section (1), the Central
Government shall pass such orders as it thinks fit to give effect to the
said recommendation.”;
(c) after Section 6, the following section shall be inserted, namely:—
“6A. (1) The Delhi Special Police Establishment shall not conduct any inquiry or
investigation into any offence alleged to have been committed under the
Prevention of Corruption Act, 1988 except with the previous approval of the
Central Government where such allegation relates to—
(a)
the employees of the Central Government of the level of Joint
Secretary and above; and
(b)
such officers as are appointed by the Central Government in
corporations established by or under any Central Act, Government
companies, societies and local authorities owned or controlled by that
Government.
(2) Notwithstanding anything contained in sub-section (1), no such approval
shall be necessary for cases involving arrest of a person on the spot on the
charge of accepting or attempting to accept any gratification other than legal
remuneration referred to in clause (c) of the Explanation to section 7 of the
Prevention of Corruption Act, 1988.”
27. (1)
The Government of India in the Ministry of Personnel, Public Grievances and
Pensions (Department of Personnel and Training) Resolution No. 371/20/99-AVD. III, dated the 4th
April, 1999 as amended vide Resolution of even number, dated the 13th August, 2002 is hereby
repealed.
(2) Notwithstanding such repeal and the cesser of operation of the Central Vigilance
Commission Ordinance, 1999, anything done or any action taken under the said Resolution and the
said Ordinance including the appointments made and other actions taken or anything done or any
action taken or any appointment made under the Delhi Special Police Establishment Act, 1946 and
the Foreign Exchange Regulation Act, 1973 as amended by the said Ordinance shall be deemed to
have been made or done or taken under this Act or the Delhi Special Police Establishment Act, 1946
Page 29 of 29
and the Foreign Exchange Regulation Act, 1973 as if the amendments made in those Acts by this Act
were in force at all material times.
THE SCHEDULE
[See Section 5(3)]
Form of oath or affirmation to be made by the Central Vigilance Commissioner or
Vigilance Commissioner
“I, A. B., having been appointed Central Vigilance Commissioner (or Vigilance
Commissioner) of the Central Vigilance Commission do swear in the name of God—solemnly
affirm that I will bear true faith and allegiance to the Constitution of India as by law established,
that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the
best of my ability, knowledge and judgement perform the duties of my office without fear or
favour, affection or ill-will and that I will uphold the constitution and the laws.”.
Sd/- (SUBHASH C. JAIN)
Secretary to the Government of India
______
Page 30 of 30
ANNEXURE 1-E
CENTRAL BUREAU OF INVESTIGATION
NEW DELHI
The following is the organization and jurisdiction of the Divisions, Zones, Regions,
Branches and Units of CBI.
ANTI-CORRUPTION DIVISION
Anti-Corruption Division of CBI is organized into Zones, Regions and Branches/Units with
jurisdiction as detailed below. In the functioning of the Division, the Director, CBI will be assisted by
Special Director/Additional Directors with Joint Directors heading each Zone. The Territorial
jurisdiction of each Zone is given below:
DELHI ZONE
Sl.
No
1
1
2
3
Name of the
Region/Branch
2
Anti-Corruption
Region-I, Delhi
SP-I/ACB-I, Delhi
SP-II/ACB-I, Delhi
Anti-Corruption
Region-II, Delhi
SP-I/ACB-II, Delhi.
SP-II/ACB-II, Delhi
Anti-Corruption
Region, Jaipur
Location
of Branch/
Unit
3
New Delhi
Location of
Region/
DIsGP
4
DIG/ACR-I
New Delhi
Joint
Director
Jurisdiction
5
JD/ACZ/
Delhi
6
Entire area of National
Capital Territory of Delhi.
New Delhi
DIG/ACR-II
New Delhi
-do-
-do-
Jaipur
DIG/ACR
(Jaipur)
-do-
Jodhpur
-do-
-do-
Jaipur, Sikkar, Jhunjhunu,
Bharatpur,
Dholpur,
Alwar, Dosa, Kota, Baran,
Sawai Madhopur, Karoli,
Bundi, Tonk, Ajmer and
Jhalawar.
Anti-corruption jurisdiction
of this Branch will be
extended to three revenue
divisions
of
Jodhpur,
Bikaner
&
Udaipur
comprising 14 Districts,
namely, Jodhpur, Jalor,
Pali, Jaisalmer, Barmer,
Sirohi, Bikaner, Churu,
Hanumangarh
and
Sriganganagar, Udaipur,
Chittorgrah, Banswara
SP/ACB, Jaipur
4
1
SP/ACB, Jodhpur
2
3
4
5
6
and Dungarpur. Besides
Bhilwara and Nagaur
districts of Ajmer Division
which were hereto under
the jurisdiction of Jaipur
Branch would be included
in Jodhpur Branch to
make it coterminous with
the jurisdiction of Special
Judge, Jodhpur.
NORTH ZONE
Page 31 of 31
1
Anti-Corruption
Region, Chandigarh
Chandigarh
DIG/ACR
Chandigarh
JD/ACZ/
North
(Delhi)
Jammu
-do-
-do-
Bhopal
DIG/ACR
Bhopal
-do-
Jabalpur
-do-
-do-
Lucknow
DIG/ACR
Lucknow
-do-
Dehradun
-do-
-do-
SP/ACB,
Chandigarh
(with
Unit at Shimla)
2
3
SP/ACB,
Jammu
(with
Unit
at
Srinagar)
Anti-Corruption
Region, Bhopal
SP/ACB, Bhopal
4
SP/ACB, Jabalpur
(with Unit at Bhilai)
5
6
Anti-Corruption
Region, Lucknow
SP/ACB, Lucknow
SP/ACB, Dehradun
(with
Unit
Ghaziabad)
at
State of Punjab, Haryana,
Himachal
Pradesh
&
Union
Territory
of
Chandigarh. Shimla Unit
will have jurisdiction in the
State
of
Himachal
Pradesh.
State
of
Jammu
&
Kashmir.
Gwalior, Morena, Bhind,
Shivpuri, Guna, Vidisha,
Sehore Shajapur, Dewas,
Ujjain,
Indore,
Dhar,
Ratlam,
Jhabua,
Mandsaur, Rajgarh, East
Nimar
(Khargone),
Raisen,
Bhopal,
Hoshangabad, Khandwa,
Betul Districts of MP.
State of Chhattisgarh,
State of MP excluding the
areas mentioned against
Bhopal Branch.
State of UP except the
area mentioned against
Dehradun Branch.
State
of
Uttaranchal,
Meerut,
Mathura,
Ghaziabad,
Muzzafarnagar,
Bulandshahar,
Saharanpur, Agra, Etah,
Aligarh,
Mainpuri,
Muradabad,
Rampur,
Bijnor,
Jyotiba
Phule
Nagar, Bagpat, Gautam
Budh Nagar, Firozabad,
and Hathras Districts of
Uttar Pradesh.
WEST ZONE
1
1
2
Anti-Corruption
Region, Mumbai
3
Mumbai
4
DIG/ACR
Mumbai
5
JD/ACZ/
West
(Mumbai)
6
State of Maharashtra
(excluding
the
areas
mentioned
against
Nagpur Branch.) Union
Territories of Daman, Diu,
Dadra & Nagar Haveli.
Goa
Gandhinagar
Nagpur
-do-do-
- do-do-
State of Goa.
State of Gujarat.
-do-
-do-
Bhandara, Chandrapur,
Garhchiroli,
Wardha,
Amravati,
Akola,
Buldhana,
Yauvatmal,
Aurangabad,
Jalna,
Parbhani, Bir, Nanded.
Osmanabad, Latur &
Nagpur
Districts
of
Maharashtra.
SP-I/ACB, Mumbai
SP-II/ACB, Mumbai
SP-III/ACB, Mumbai
2
3
4
SP/ACB, Goa
SP/ACB,
Gandhinagar
SP/ACB, Nagpur
NOTE: The Technical Advisory Unit at Mumbai also functions under the Administrative control of JD/(West).
CENTRAL ZONE, DELHI
Page 32 of 32
1
Anti-Corruption
Region, Patna
Patna
DIG/ACR
Patna
JD/ACZ
Central
(Delhi)
State of Bihar.
2
3
SP/ACB, Patna
SP/AHD, Patna
Anti-Corruption
Region, Ranchi
Patna
Ranchi
-doDIG/ACR
Ranchi
-do-do-
-doState of Jharkhand.
4
5
SP/ACB, Ranchi
SP/AHD, Ranchi
SP/ACB,
Dhanbad
Ranchi
Dhanbad
-do-do-
-do-do-
State of Jharkhand.
State of Jharkhand.
SOUTH ZONE
1
1
1
2
3
4
5
2
Anti-Corruption
Region, Chennai
SP-I/ACB, Chennai
SPII/ACB,Chennai
2
SP/ACB, Cochin
(with
Unit
at
Thriuvananthapuram)
Anti-Corruption
Region, Hyderabad
SP/ACB,
Hyderabad
SP/ACB,
Visakhapatnam
SP/ACB,
Bangalore
3
Chennai
4
DIG/ACR,
Chennai
5
JD/ACZ
South
(Chennai)
6
State of Tamil Nadu &
Union
Territory
of
Pondicherry.
3
Cochin
4
DIG/ACR,
Chennai
5
JD/ACZ
South
(Chennai)
6
State of Kerala & Union
Territory
of
Lakshadweep.
Hyderabad
DIG, ACR,
Hyderabad
-do-
State of Andhra Pradesh,
excluding
the
areas
mentioned
against
Visakhapatnam Branch.
Visakhapatnam
-do-
-do-
Bangalore
-do-
-do-
Visakhapatnam,
Srikakulam,
East
Godavari,
West
Godavari, Vizianagaram,
Krishna,
Guntur,
Prakassam and Nellore
Districts of AP.
State of Karnataka.
NOTE: The Technical Advisory Unit at Chennai also functions under the Administrative control of JD/(South).
EAST ZONE
1
Anti-Corruption
Region, Kolkata
SP-I/ACB, Kolkata
SP-II/ACB, Kolkata
(with Unit at Port
Blair)
Kolkata
DIG/ACR
Kolkata
JD/ACZ/
East
(Kolkata)
2
SP/ACB,
Bhubaneswar
(with
Unit
at
Rourkela)
Anti-Corruption
Region, Guwahati
SP/ACB, Guwahati
(with
Units
at
Shillong, Itanagar)
SP/ACB, Silchar
(with
Units
at
Agartala,
Aizawl,
Bhubaneswar
-do-
-do-
Guwahati
DIG/ACR
Guwahati
JD/ACZ/
East
(Kolkata)
Silchar
-do-
-do-
3
4
State of West Bengal,
Sikkim
and
Union
Territories of Andaman &
Nicobar Islands. The Unit
at Port Blair will have
jurisdiction
in
the
Andaman
&
Nicobar
Islands only.
State of Orissa.
State
of
Assam
(excluding Cachar and
North Cachar Districts of
Assam), Meghalaya and
Arunachal Pradesh.
State
of
Manipur,
Nagaland,
Tripura,
Mizoram and Cachar &
Page 33 of 33
Imphal)
North Cachar Districts of
Assam.
NOTE: The Technical Advisory Unit at Kolkata also functions under the Administrative control of JD/(East).
ANTI-CORRUPTION HEADQUARTERS ZONE
There are nine Central Units of the Anti-Corruption Division located at Delhi under the
control of Joint Director, AC (Headquarters Zone), Delhi :
Sl.
No.
Name of the
Region/Branch
1
1
2
SP/ACU-I
Location
of Branch/
Unit
3
New Delhi
2
3
4
SP/ACU-II
SP/ACU-III
SP/ACU-IV
-do-do-do-
5
6
7
SP/ACU-V
SP/ACU-VI
SP/ACU-VII
-do-do-do-
8
9
SP/ACU-VIII
SP/ACU-IX
-do-do-
Location of
Region/
DIsGP
4
DIG/AC-I,
New Delhi
-do-doDIG/AC-II,
New Delhi
-do-doDIG/AC-III,
New Delhi
-do-do-
Joint
Director
Jurisdiction
5
JD/AC/
Hqrs.
(Delhi.)
-do-do-do-
6
Throughout India.
-do-do-do-
-do-do-do-
-do-do-
-do-do-
-do-do-do-
NOTE: The Technical Advisory Unit of Engineering (Civil and Electrical) also functions under administrative control
of JD/AC/Hq.
SPECIAL CRIMES DIVISION
The Special Crimes Division has three Zones headed by Joint Director, (SC-I) Delhi,
Joint Director (SC-II) Zone, Delhi and Joint Director, Special Task Force Zone, Delhi. The
Special Crimes Division functions under the direct supervision of the Director, CBI assisted
by the Special Director/Additional Director(S) and Joint Directors. The Multi-Disciplinary
Monitoring Agency also functions as a part of the Special Crimes Division. The details of
the Branches, organization and jurisdiction in respect of Special Crimes Division are as
detailed below:
SC-I DELHI
Sl.
No.
Name of the
Region/Branch
1
1
2
Special Crimes
Region-I, Delhi
Location
of Branch/
Unit
3
New Delhi
Location of
Region/
DIsGP
4
DIG/SCR-I,
Delhi*
Joint
Director
Jurisdiction
5
JD/SC.I/
Delhi
6
Throughout India.
SP/SCU-I
SP/SCU-II
SP/SCU-III
* Criminal Intelligence Cell (CIC): In compliance with the order of the Delhi High Court, CIC has been
constituted vide Order No. 21/22/99-PD, dated 14-11-2000 to collect and disseminate intelligence regarding
professional gangs responsible for kidnapping of minors for begging, kidnapping of minor girls and women for
prostitution and kidnapping for ransom. It presently functions under DIG, SCR-I and JD/SC-I.
1
2
3
2
Special Crimes
Region-II, Delhi
SP/SCU-IV
SP/SCU-V
SP/SCU-VI
SP/SCB,
Chandigarh
3
New Delhi
4
DIG, SCR-II,
Delhi
5
JD/SC.I/
Delhi
6
Throughout India.
Chandigarh
DIG/SCR,
Delhi
-do-
State of Punjab, Haryana,
Himachal Pradesh, J&K
and Union Territory of
Page 34 of 34
Chandigarh.
SC-II ZONE, DELHI
4
5
Special Crimes
Region-III Delhi
SP/SCU-VII,
SP/SCU-VIII,
SP/SCU-IX
Special Crimes
Region, Kolkata
New Delhi
DIG/
SCR-III,
Delhi
JD/SC-II
Delhi
Throughout India.
Kolkata
DIG/
SCR
Kolkata
-do-
Lucknow
-do-
-do-
State of West Bengal,
Orissa, Assam, Meghalaya,
Arunachal
Pradesh,
Manipur, Tripura, Sikkim,
Mizoram
and
Union
Territory of Andaman &
Nicobar Islands.
Throughout India.
Chennai
DIG/
SCR/
Chennai
JD/SC-II
Delhi
States of Tamil Nadu,
Kerala, Andhra Pradesh,
Karnataka
and
Union
Territories of Pondicherry
and Lakshadweep.
Mumbai
-do-
-do-
Delhi
DIG/
SCR
Delhi
-do-
Delhi
-do-
-do-
State
of
Maharashtra,
Gujarat, Goa, Rajasthan,
Union Territory of Daman,
Diu, Dadra & Nagar
Haveli.
States of Punjab, Haryana,
Himachal Pradesh, Jammu
& Kashmir, National Capital
Territory of Delhi and UT of
Chandigarh.
States of Bihar, Jharkhand,
Madhya
Pradesh,
Chhattisgarh,
Uttar
Pradesh and Uttranchal.
SP/SCB, Kolkata
6
7
8
9
SP/SCB,
Lucknow
Special Crimes
Region, Chennai
SP/SCB, Chennai
(with Unit at
Cochin)
SP/SCB, Mumbai
Special Crimes
Region, Delhi
SP/SCB-I, Delhi
10
SP/SCB-II, Delhi
Page 35 of 35
SPECIAL TASK FORCE
1
1
2
SP/STF, Delhi
Delhi
3
2
SP/STF, Mumbai
Mumbai
4
DIG,
STF,
Delhi
DIG,
STF
Mumbai
5
JD/STF
-do-
6
Throughout India.
-do-
MDMA ZONE
1
SP/MDMA, Delhi
Delhi
DIG/MDMA
Delhi
2
SP/MDMA,
Chennai
Chennai
-do-
JD/
MDMA
(Delhi)
-do-
Throughout
India.
-do-
ECONOMIC OFFENCES DIVISION
The Economic Offences Division is organized in 4 Zones namely, EOW-I, EOW-II, EOW-III &
EOW-IV. Each Zone is headed by a Joint Director under the overall supervision of Director, CBI
assisted by the Special Director/Additional Director(E). The organization and the territorial jurisdiction
of each Zone is as detailed below:
EOW-I ZONE
Sl.
No
1
1
Name of the
Branch
Location of
Branch / Unit
2
EO-I Region, Delhi
3
New Delhi
Location
of Region/
DIsGP
4
DIG, EO-I,
Delhi
SP/EOU-I
SP/EOU-II
SP/EOU-III
Joint
Director
Jurisdiction
5
JD/
EOW-I,
Delhi
6
Throughout India.
EOW-II ZONE
2
1
3
EO-II Region, Delhi
SP/EOU-IV
SP/EOU-V
2
EO-III Region, Delhi
SP/EOU-VII,
SP/EOU-VIII,
SP/EOU-IX*
New Delhi
DIG/EO-II
Delhi
JD/
EOW-II,
Delhi
Throughout India.
3
New Delhi
4
DIG/EO-III
Delhi
5
JD/
EOW-II,
Delhi
6
Throughout India.
* This Branch is also called as Cyber Crime Investigation Cell (CCIC) which was constituted vide Order No.
21/4/99-PD, dated August 17, 1999 for investigation of computer related offences under provisions of
Information Technology Act, 2000 and other communication technology related offences.
NOTE: The Technical Advisory Unit (Taxation and Insurance) functions under the overall control of
JD/EOW-II .
EOW-III ZONE
4
EOW-Region,
Mumbai
Mumbai
DIG, EOW,
Mumbai
JD/EOW-III
Delhi
States of Maharasthtra.
Goa and Union Territories
of Daman, Diu, Dadra &
Page 36 of 36
SP/EOW, Mumbai
5
SP/EOW, Chennai
Chennai
-do-
-do-
6
EOW Region, Delhi
New Delhi
DIG, EOW,
Delhi
-do-
SP/EOW-I, Delhi
7
SP/EOW-II, Delhi
-do-
-do-
-do-
8
SP/EOW, Kolkata
Kolkata
-do-
-do-
Nagar Haveli, Gujarat,
Rajasthan.
States of Tamil Nadu,
Kerala, Andhra Pradesh,
Karnataka and Union
Territories of Pondicherry
and Lakshadweep.
States
of
Punjab,
Haryana,
Himachal
Pradesh,
Jammu
&
Kashmir, NCT of Delhi
and U.T. of Chandigarh.
States
of
Bihar,
Jharkhand, Uttar Pradesh,
Uttranchal,
Madhya
Pradesh
and
Chhattisgarh.
States of West Bengal,
Orissa,
Assam,
Meghalaya
Arunachal
Pradesh,
Manipur,
Tripura, Sikkim, Mizoram
and U.T. of Andaman &
Nicobar Islands.
NOTE: The Technical Advisory Unit (Foreign Trade) functions under the overall control of JD/EOW-III.
EOW-IV ZONE
9
10
1
11
12
13
14
15
BS&FC
Region,
Delhi
BS&FC-I, Delhi
SP/BS&FC-I,
Delhi
SP/BS&FC-II,
Delhi
2
SP/BS&FC-III,
Delhi
New Delhi
DIG,
BS&FC,
Delhi
JD, EOWIV, Delhi
Throughout India.
-do-
-do-
-do-
-do-
3
New Delhi
5
JD, EOWIV, Delhi
6
Throughout India.
SP/BS&FC,
Kolkata
BS&FC
Region,
Mumbai
Kolkata
4
DIG,
BS&FC,
Delhi
-do-
-do-
-do-
SP/BS&FC-I,
Mumbai
SP/BS&FC-II,
Mumbai
SP/BS&FC,
Bangalore
Mumbai
DIG,
BS&FC,
Mumbai
-do-
-do-
Mumbai
-do-
-do-
-do-
Bangalore
-do-
-do-
-do-
NOTE: The Technical Advisory Unit (Banking) also functions under the overall control of JD/EOW-IV
EOW-V ZONE*
16
EO-V Region
Delhi
DIG/EO-V,
Delhi
JD/
EOW-V
Throughout India.
SP/EOU-VI,
Delhi
This Zone has been created temporarily to deal with cases of fake stamp papers.
ADMINSTRATION DIVISION
Page 37 of 37
This Division is headed by Joint Director. It comprises of following offices/Units:–
Sl.
No
Name of the
Branch
Location of
Branch/Unit
1
1
2
SP/Training
Centre-I
3
Ghaziabad
Location of
Region/
DIsGP
4
DIG/Trg
2
SP/Training
Centre-II
Ghaziabad
DIG/Trg
3
SP/R&D (newly -docreated
by
adjusting
one
post
of
SP/
CBI
SP/HQ
New Delhi
AO (A)
-do2
3
SP/Pers.
New Delhi
(newly created
post)
AO (E)
-do-
4
5
1
6
7
-do-
DD (Admn.)
-do4
DIG(Pers.)
Joint
Director
Jurisdiction
5
JD
(Admn.)
Delhi
JD
(Admn.)
Delhi
-do-
6
-do-do-
-
-
-
5
JD
(Admn.)
Delhi
-do-
-do-
6
-
-
POLICY AND COORDINATION DIVISION
This Division is headed by Joint Director (Policy). This Division works directly under the
control of Director, CBI. It has the following Branches/Units/Wings:–
Sl.
No
1
1
2
3
4
5
6
7
8
9
Name of the
Branch
2
Special Unit-I
SP/SU-1, Delhi
Special Unit-II
SP/SU-2, Delhi
Special
Unit
Mumbai
SP/SU/Mumbai
Special Unit-III
SP/SU-3, Delhi
Special
Unit
Kolkata
SP/SU/Kolkata
Special
Unit
Chennai
SP/SU/Chennai
AIG(Policy)-I
AIGP-I
AIG(Policy)-II
AIGP-II
Deputy Principal
Information
Officer
Location
of Branch/
Unit
3
New Delhi
Location of
Region/
DIsGP
4
DIG/SU-I
Joint
Director
Jurisdiction
6
Throughout India.
-do
5
JD/
Policy
-do-
New Delhi
Mumbai
-do-
-do-
-do-
Delhi
DIG/SU-II
-do-
-do-
Kolkata
-do-
-do-
-do-
Chennai
DIG/SU-I
JD/
Policy
Throughout India.
-do-
New Delhi
-
-do-
-
-do-
-
-do-
-
-do-
-
-do
-
COORDINATION & INTERPOL WING
Sl.
No
Name of the
Branch
Location
of Branch/
Unit
Location of
Region/
DIsGP
Joint
Director
Jurisdiction
Page 38 of 38
1
1
2
3
2
AD (Interpol)-I
3
New Delhi
AD (Interpol)-II
AD (Coord.) &
Command Centre
-do-do-
4
DD (Coordination)
-do-do-
5
JD
(Policy)
-do-do-
6
Throughout India.
-do
-
______
Page 39 of 39
CHAPTER 2
ANTI-CORRUPTION DIVISION
2.1 The Anti-Corruption Division is responsible for collection of intelligence with regard to
corruption, maintaining liaison with the various Departments through their Vigilance Officers,
enquiries into complaints about bribery and corruption, investigation and prosecution of
offences pertaining to bribery and corruption and tasks relating to preventive aspects of
corruption. It handles all cases registered under the Prevention of Corruption Act, 1988 and
cases registered under other similar Sections of the Indian Penal Code. If an offence under
any other criminal law is committed along with an offence of bribery and corruption, it will
also be investigated by the Anti-Corruption Division.
2.2
The Anti-Corruption Division investigates cases against public servants under the
control of the Central Government, public servants in Public Sector Undertakings under the
control of the Central Government and cases against public servants working under State
Governments entrusted to CBI by the State Government and serious departmental
irregularities committed by the above-mentioned public servants.
2.3
The Branches of CBI located at Delhi, Mumbai, Kolkata and Chennai which were
earlier known as GOW Branches are now known as Anti-Corruption Branches. The AntiCorruption Branches (ACB) of CBI located in different States have jurisdiction generally
extending over the State in which they are located. These Branches primarily handle cases
of bribery and corruption but they may sometimes be required to handle any other case
which does not pertain to Anti-Corruption Division.
2.4 The Branches located in different States headed by SsP work under the Regional DIsG.
The Regional Headquarters of the DIsG are located at Lucknow, Bhopal, Jaipur,
Chandigarh, Mumbai, Kolkata, Guwahati, Ranchi, Patna, Chennai, Hyderabad and Delhi.
The Regional DIsG function under the control of Joint Directors, North, Central, Delhi
located at New Delhi, Joint Director West at Mumbai, South at Chennai and East at
Kolkata. Details may be seen in Chapter 1, Annexure I-E of this Manual.
2.5 Besides the Branches in the States, there are also Central Investigating Units located in
New Delhi, having all-India jurisdiction. At present, there are 9 such Central Units at New
Delhi, each headed by a Superintendents of Police, and closely supervised by three DIsG of
Police, viz., DIG, Anti-Corruption-I, DIG, Anti-Corruption-II and DIG, Anti-Corruption-III who
work under the overall supervision of Joint Director, Anti-Corruption (Headquarters Zone).
Important, sensitive and complicated cases of corruption and cases having
Interstate/international ramifications are investigated by the Central Units of Anti- Corruption
(Headquarters Zone).
THRUST AREAS
2.6
The following are the thrust areas of the Anti Corruption Division, which need to be
pursued with vigour:
(i)
To hit hard at high-level corruption in all Departments and Public Sector
Undertakings by registering quality cases of disproportionate assets, traps and
abuse of official position.
(ii) To invigorate, sharpen and strengthen intelligence-gathering all over the country
in order to detect quality cases against corrupt officials.
(iii) To speed up ‘secret verifications’ prior to registration of cases and to improve the
quality of pre-registration work so that no real accused escapes and no innocent
suffers.
Page 40 of 40
(iv) To speed up investigations and the decision-making process so that the cases
are chargesheeted/decided at the earliest and a tangible impact is made on
checking corruption.
(v) To improve the quality of investigation, evaluation of evidence and decisionmaking so that the real accused are brought to justice and innocent are
unharmed.
(vi) To expedite the prosecution of cases, ensure close monitoring of pairvi work and
improve the quality of prosecution.
(vii) To improve the intelligence, investigation and prosecution skills of its
Officers/officials through continuous in-service and on-the-job training.
(viii) To spread awareness about the evil of corruption so that a strong movement is
created and sustained to fight corruption in public life and to strengthen the
preventive vigilance measures being taken by various departments and
organizations
______
.
Page 41 of 41
CHAPTER 3
SPECIAL CRIMES DIVISION
3.1
The mandate of CBI has been expanded over the years and today it handles
investigation of, apart from corruption related offences, cases relating to a variety of
offences, including serious conventional crimes like murders, kidnappings, rapes, forgeries,
cheating, criminal breach of trust, dowry deaths, passport frauds, dacoities, hijacking etc.
committed by organized gangs or professional criminals. CBI also undertakes investigation
and prosecution of other IPC offences as well as offences under local and special laws
notified under the DSPE Act. A Special Crimes Division (SCD) was brought into existence in
1985 to focus on investigation of such cases, especially those having interstate and
international ramifications and impinging on national security.
3.2
A Special Task Force under this division came into existence in the year 1993 to
investigate cases relating to terrorist activities and Bombay Bomb Blast cases. It also
investigates other cases of Special Crime nature entrusted to it by the Director, CBI. The
STF has its Branches at Delhi and Mumbai having all India jurisdiction.
3.3 The Multi-Disciplinary Monitoring Agency (MDMA) was constituted by the Government
of India vide Office Memorandum No. 201/4/98-AVD.II, dated December 2, 1998 as a Unit of
the Central Bureau of Investigation in New Delhi with a Branch at Chennai. This Agency was
set-up for monitoring, coordinating and wherever necessary, investigating, following up by
appropriate legal action, a definite matter of public importance, viz., the issues arising out of
the Memorandum of Action Taken (MoAT) and Final Reports of the Jain Commission of
Inquiry relating to the assassination of Shri Rajiv Gandhi, the former Prime Minister of India
at Sriperumudur on 21-5-1991. This agency is headed by Joint Director (MDMA) and
functions as a part of the Special Crimes Division.
3.4 The Special Crimes Division of CBI is headed by a Special/Additional Director(S) and is
organized into Zones, consisting of Special Crime Zone-I, under the charge of JD(SC-I).
Special Crime Zone-II, under the charge of JD (SC-II), Special Task Force under the charge
of JD/STF and MDMA under the Joint Director/MDMA.
3.5
The Special Crimes Zones-I & II are organized into Branches/ Units having territorial
jurisdiction over one or more States as well as Central Investigating Units having all-India
jurisdiction. These Branches/Units take up collection of information and investigation of the
following types of cases:–
(a)
Cases dealing with organized crime of conventional nature having interstate and
international ramifications.
(b)
Cases of terrorism and related offences especially those having interstate and
international ramifications and those impinging on national security.
(c)
Cases of espionage and sabotage, including offences under the Official
Secrets Act.
(d) Sensational & complicated cases, handed over by the state Government
and/or entrusted by the Supreme Court
and High Courts.
(e) Crimes on high seas, Indian Embassies abroad, hijacking etc.
(f) Global trafficking in human beings especially women and children for various
activities including prostitution, child sex etc.
(g) Cases of national and international arms smuggling
(h)
Trade in human organs.
(i)
Cases of forgery and cheating
(j)
Cases of kidnappings for ransom, rapes, etc.
Page 42 of 42
3.6
The Special Crimes Division may also undertake the task of collection, collation and
dissemination of information/intelligence in respect of organized gangs of criminals,
terrorists, kidnapers/abductors, trafficking of human beings, especially women and children.
3.7
The Criminal Intelligence Cell (CIC) established as per the order of Delhi High Court
collects, collates and disseminates information about kidnapping and trafficking of women
and children. This Cell functions under Special Crimes Zone-I and is based at New Delhi.
3.8
The Branches/Units, Regions/Zones of the Special Crimes Division are required to
maintain close liaison with the Ministries of Home Affairs, Social and Women Welfare,
departments/organizations and agencies of the Central/State Government dealing with
conventional crimes having national /international ramifications.
______
Page 43 of 43
CHAPTER 4
ECONOMIC OFFENCES DIVISION
4.1
The Economic Offence Wing in CBI was first created vide Resolution No. 24166/64AVD, dated April 29, 1964 to deal with offences under various Sections of IPC and Special
Acts notified under section 3 of DSPE Act mainly pertaining to serious frauds in Banks,
Stock Exchanges, Financial institutions, Joint Stock Companies, Public Limited Companies,
misappropriation of public funds, criminal breach of trust, violation of Foreign Exchange
Regulation Act, Customs Act, IMPEX Laws, counterfeiting of currency, narcotics, drug
trafficking, arms peddling and offences related to antiquities, adulteration, black marketing
etc
4.2
After the Securities and Stock Exchange scam of 1992, a need was felt for
strengthening and expanding the Economic Offences Wing of CBI. The reorganization of the
EOW was sanctioned by the Government of India vide DP&T Letter No. 201/23/92-AVD-II,
dated July 22, 1994 and September 22, 1994 and a full-fledged Economic Offences Division
came into existence vide Order No.4.6/86-LD, dated November 26, 1994.
4.3
The Economic Offences Division is headed by a Special Director/Additional
Director(E) and it consists of four Zones. Each Zone is headed by a Joint Director. Every
Zone has two or three Regions each headed by a DIG. Each Region comprises of two or
three Branches headed by Superintendents of Police.
4.4
Out of the four Zones of Economic Offence Division, one of the Zones deals
exclusively with large and complicated security and bank frauds. This Zone is also known as
the BSFC (Banking Securities Fraud Cell). The other three Zones take up the investigation
of various types of Economic Offences, in general. The Court trials of the cases
chargesheeted by the various EOW Branches are also conducted by the respective
Branches. Details of Branches and jurisdiction may be seen in Chapter 1, Annexure 1-E.
4.5
The economic offences taken up for investigation by Branches are usually cases of
complicated and intricate nature in which IPC offences, as also offences under various
Central Acts are alleged to have been committed. The investigations usually involve
collection and scrutiny of voluminous documents from banks as also from various
Central/State Government departments. Many a time, investigation is required to be
conducted outside the country.
THURST AREAS
4.6
The current thrust areas of the EOW are as follows:
(a) Import-export frauds.
(b) Banking frauds.
(c) Insurance frauds
(d) Foreign exchange frauds.
(e) Frauds through manipulation of prices of shares listed on Stock Exchanges,
insider trading etc.
(f) Smuggling of narcotics and psychotropic substances.
(g) Forgery of travel documents, identity papers, and overseas job rackets.
(h) Counterfeit currency and fake Government stamps/ papers.
(i)
Smuggling of antiques, arts and treasures .
(j)
Cyber Crimes.
(k) Violations of Intellectual Property Rights, audio and video piracy,software piracy
etc.
Page 44 of 44
(l)
Wildlife and environmental crimes.
4.7
Increase in economic offences during the recent years has by far outstripped the
increase of conventional crime. This scenario is likely to further aggravate in the coming
years. Also the coming years are likely to witness various new types of economic crimes on
account of increased globalisation, enhanced reliance on internet banking, use of plastic
money and expansion of primary and secondary capital market. While the Economic
Offences Wing will have to continue to take up investigation of various types of offences
listed above, some of these crimes are likely to require full-fledged Units for their
investigation and prosecution in future.
Cyber Crimes
4.8
The investigation and prosecution of Cyber Crimes are in their infant stage presently.
As the computer penetration and the computer literacy goes up, incidence of Cyber Crimes
will go up maniford. Economic Offence Wing will not only have to perform the lead role in the
investigation of complicated cyber crimes such as crimes relating to e-banking, plastic
money etc., but also in the area of cyber secrurity in the country. The Economic Offences
and training Wing of CBI will have to act as the Nodal Agency for training the State Police
forces in handling Cyber Crime investigations and prosecutions.
4.9
There is an intimate relationship between narcotics trade, arms smuggling and
terrorism. Combating the smuggling of narcotics and arms will be a major thrust area in
future.
4.10 Use and circulation of counterfeit currency will continue to be a threat to internal
security and economy of our country. Therefore, detection, investigation and prosecution of
counterfeit currency is likely to assume greater importance.
4.11 Money laundering is going to be another future thrust area. The impact of this illegal
activity on the economy of the country is profound. If the economy of the country is to move
to a higher growth path, strong curbs on hawala operations and money laundering will
become essential.
4.12 Investigation and prosecution of cases of violations of Intellectual Property Rights,
audio/video piracy and related crimes will assume greater importance and will require
dedicated Branch/Unit of the Economic Offences Division.
4.13 In the years to come, more and more private investors are likely to invest their money
in the primary and secondary share markets. With increased trading on exchanges and with
the laws and regulatory mechanisms usually being several steps behind the requirements of
the situation, market manipulations by promoters and the stockbrokers are likely to increase.
As a result, more and more cases pertaining to Stock Exchanges may have to be taken up
for investigation and prosecution by this Division.
4.14 As economic growth and development of our country, to a large extent, depends upon
our ability to create institutional frameworks which prevent future financial scams by sending
out early warning signals, the Economic Offence Wing of CBI will continuously have to equip
and reorient itself to be able to perform a proactive role in prevention of large value
economic crimes. For this greater coordination and cooperation with various financial
regulatory agencies will be required.
Cyber Crime Investigation Cell
4.15
A Cyber Crime Investigation Cell (CCIC) has been constituted in CBI vide Order No.
21/4/99, dated 17th August, 1999 for investigation of offences involving Computer Crimes,
crimes commited in computerized environment and other high-tech crimes in areas like
telecom etc. This Cell has all-India jurisdiction. It presently functions under JD, EOW-II. The
EOW Branches located at Delhi, Mumbai, Chennai and Kolkata have also been assigned the
task of taking up investigation of Cyber Crime cases within their jurisdiction. Detailed
instructions on dealing with Cyber Crimes are contained in a separate chapter of this
Manual.
Page 45 of 45
Economic Intelligence Cell (EIC)
4.16 An Economic Intelligence Cell (EIC) under EOW Delhi Region was established for
creation of database pertaining to various aspects of economic crimes and criminals. This
Cell will collect, collate and analyse information and intelligence on economic
crimes/criminals and act as a coordinating Unit with other Economic regulatory institutions
and Departments/Ministies of Finance/Commerce etc on behalf of CBI. The Economic
Intelligence Cell (EIC) is located at New Delhi and functions under JD/EOW-III.
4.17 In order to dischare its functions and responsibilities effectively the Branches/Units,
Regions/Zones of the Economic Offences Division are required to maintain close liaison wih
the Ministries of Finance, Commerce, departments of Revenue, Banking, CEIB, SEBI and
such other Central/State level economic institutions.
______
Page 46 of 46
CHAPTER 5
TARGETS, PRIORITIES AND PROGRAMME OF WORK
TARGETS & PRIORITIES
5.1
In order to achieve the organizational aims and objectives, it is necessary to clearly
lay down the priorities & targets at the beginning of the year. Policy Division in consultation
with Senior Officers and field Units will formulate the proposal for laying down the targets
and priorities for approval of DCBI. As soon as the targets and priorities are indicated the
Branches/Regions/Zones will prepare detailed action plan for their implementation. Care will
be taken to ensure that targets are achieved within the given time frame, quantitatively and
qualitatively. Periodical reviews of the achievements and performance of each
Branch/Unit/Region/Zone will be conducted to evaluate the performance as per the laiddown parameters.
5.2
It will be the joint responsibility of all officers posted in various Branches/Units,
including the executive/ legal/technical and ministerial staff to take appropriate measure and
contribute in the achievement of the specified targets and goals. The action plan drawn up
by the individual Branches/ Units should be such that the aims and objectives of the
organization and linked priorities/targets are constantly kept in focus throughout the year,
avoiding rush of work at the end of a particular period. The respective JDs/DIsG should
involve themselves in preparing the detailed action plans and ensuring proper follow-up
action by close supervision and constant monitoring.
ANNUAL PROGRAMME OF VIGILANCE AND ANTI-CORRUPTION WORK
5.3
An annual programme of work shall be drafted by the Policy Division and circulated
to the CBI Branches for effective implementation, in the beginning of each calendar year with
a view to produce enduring results and to focus on areas requiring greater attention. The
Policy Division may also consult the Branches and consider their views before drafting the
said Programme. With a view to achieve the objectives of this programme, important
departments/undertakings and areas of crime and corruption shall be selected and included
for concerted action by all the CBI Branches in the manner prescribed hereinafter. However,
the other departments/undertakings and areas of corruption shall not be ignored. (For details
of the original scheme, MHA O.M. No.130/1/66-AVD, dated 5-5-1966 may be referred.)
Collection of Information
5.4
Collection of information relating to crime and corruption prevailing in various
sections of society and departments/undertakings mentioned in the Annual Programme of
Work is the most important task and it has to be accomplished in a systematic and well
planned manner by the Superintendents of Police of CBI Branches and the concerned DIsG,
taking assistance from the Heads of Departments/Chief Vigilance Officers, Vigilance Officers
and cooperation of the general public. Attention should be focussed on corruption both at
high levels and the cutting edge levels where the officials cause harassment to general
public in their day-to-day dealings.
Special Drives
5.5 In order to have demonstrative impact, extensive special drives, preferably at least
once every quarter, shall be organized to target the known corrupt
departments/organizations and identified public servants so as to attack corruption both at
the grass root and high level. During these drives, extensive and simultaneous
searches/surprise checks shall be conducted to detect quality cases. Each Branch shall
identify quality cases for registration during special drives after scrutinizing the SIRs,
Page 47 of 47
complaints and other information pending with the Branch. The JDs/DIsG and Branch SP
shall ensure that no leakage of secret information occurs at any stage. Apart from the areas
mentioned in the Annual Programme of Work, attention shall also be paid to the cases under
the NDPS Act, Counterfeiting of Currency, smuggling of antiques, protection of wildlife and
environment, cyber crimes, banking/financial frauds, other economic offences, smuggling of
arms & ammunition, crimes against women and children, forgery of passports etc.
Demonstrative action shall be taken against organized criminal gangs, extremists/terrorists,
proclaimed offenders/absconders during the special drives.
Agreed List of Suspected Officers
5.6
In consultation with the officers of the Departments concerned, Agreed lists shall be
prepared of officers of gazetted status against whose honesty or integrity there are
complaints, doubts or suspicion. Except for organizations like Union Territories, Port Trusts
and Public Sector Undertakings which are not having their Head Office in Delhi, these lists
will be finalized by discussion at Delhi between the Head of the Department concerned and
the Joint Director, Policy or any other officers designated for the purpose. The JDs/DIsG,
Branch SsP shall ensure timely submission of relevant information to the Policy Division in
respect of each department falling within their respective jurisdiction. The agreed list relating
to Union Territories, Port Trusts, Public Sector Undertakings and others which are not having
their Head Office in Delhi, will be settled by mutual discussion between the Chief Secretary
of the Union Territory, Head of the Port Trust or the Public Sector Undertaking concerned
and the Zonal JDs, Regional DIsG and the SP of the Local Branch of the CBI as the case
may be. There shall be free and frank exchange of information between the officers of the
concerned department and the CBI at the time of finalising these Agreed lists. Adequate
precautions should be taken in drawing up and maintaining the Agreed List to ensure that
they are correctly and objectively prepared and reviewed from time to time. The agreed lists
so prepared shall be forwarded to the Policy Division who in turn will consolidate the lists
department-wise and circulate the same to the concerned departments and the CBI
Branches. The following action shall be taken in respect of the officers on the agreed lists:-(a) Closer and more frequent scrutiny and inspection of their work and
performance by the Vigilance Officers of the Department, particularly where
there is scope for discretion or showing favours.
(b) Discreet check about their reputation both by the Department and the CBI.
Unobtrusive watch of their contacts and their style of living can be mounted by
the CBI coupled with the secret enquiry about their assets and financial
resources.
(c) If these secret checks and enquiries reveal incriminating material, open
enquiries shall be started by the Branch concerned. These agreed lists shall
remain in force for one year from the date of preparation.
Officers of Doubtful Intergrity
5.7
It is the duty of the Heads of Departments to locate and suitably deal with the corrupt
officials. Each Ministry/Department is required to prepare lists of public servants of gazetted
status of Doubtful Integrity, which includes names of those officers only who, after enquiry or
during the course of enquiry, have been found to be lacking in integrity. It will include the
names of those officers who are convicted in a Court of Law or awarded major penalty in
departmental proceedings on a charge of lack of integrity, or for an offence involving moral
turpitude or against whom such proceedings are pending before the Court or an inquiry
officer. Names of those officers who were prosecuted for such offences but were acquitted
on technical grounds, and in whose case on the basis of evidence during the trial there
remained a reasonable suspicion against their integrity may be included. These lists are
intended to keep Ministries/Departments/Undertakings concerned informed about such
officers of doubtful integrity to ensure that they are not posted to sensitive assignments and
Page 48 of 48
this fact is given due consideration when deciding administrative matters affecting the
service of these officers. The Vigilance Organization of the concerned
Ministry/Department/Undertaking will send a copy of these lists to the Joint Director (Policy
Division) of CBI once every year by the end of February. The CBI is required to suggest
addition or deletion of names based on information available with it and return the lists to
Secretaries/Heads of Departments concerned by the end of June. Branch SsP of CBI should
ensure timely submission of information to the Policy Division. When the name of an officer
has been entered in the list for good and adequate reasons, it will not be removed for a
period of three years. If at the time of review, it is proposed to continue the name of an
officer on the list, cogent reasons for doing so should exist. This list will be treated as 'secret'
and the Head of the Ministry/Department/undertaking will be responsible for its safe custody.
Detailed scheme on the subject is available in MHA O.M. No. 105/1/66-AVD, dated 28-101969.
Agreed lists of points & places of corruption
5.8 In order to pay special attention, an agreed list of places and points where corrupt
practices are prevalent in a particular department shall be drawn at the beginning of the year
in consultation with the Heads of departments/CVOs by the SP of the local Branches of CBI
under the guidance of the DIG concerned. Special attention should be paid to the
Ministries/Departments/Undertakings mentioned in the Annual Programme of Work. They
should also get appreciation reports in respect of these departments prepared in
consultation with the Vigilance Officers, highlighting the organizational structure and
points/places of corruption, including the modus operandi of the suspect officers. These
reports shall be sent to the Policy Division for circulation to the other Branches of CBI, if
necessary. After such agreed lists of points and places of corruption are drawn, a discreet
and unobtrusive watch of these points and places shall be maintained by the CBI Branches
in whose jurisdiction such points and places are situated, followed by joint surprise checks
as and when considered appropriate.
Surprise Checks
5.9
Surprise checks at places and points of corruption should be conducted by the local
Branches of CBI, in cooperation with vigilance Unit of the department concerned, after
thoroughly acquainting themselves with the rules, regulations, procedure and practice as
well as the modus operandi adopted by the corrupt public servants. Follow-up action by way
of registration of cases, wherever considered appropriate, shall be taken immediately in
order to recover/seize the incriminating evidences etc. Secrecy should be ensured and
adequate precautions should be taken to prevent leakage of information about the proposed
checks. Wherever adequate and credible information exists about some corruption racket, it
would be a better idea to verify such information and register a regular case rather than
resorting to surprise check.
Undesirable contact men
5.10
Local Branches of CBI are required to prepare lists of undesirable contact men who
are suspected of resorting to corrupt or irregular practices in their dealings with official
agencies. Details of such persons shall be intimated to the Policy Division who will
consolidate
the
list
department-wise
and
circulate
the
same
to
the
Departments/Ministries/Undertakings concerned for taking preventive measures so that the
concerned officers are cautious in dealing with such undesirable persons. A copy of such list
should also be sent to the concerned Special Unit by the local Branch so that an unobtrusive
watch/check could be carried out on the activities of such persons with a view to identify their
further contacts, modus operandi and specific instances of corruption/malpractice.
Public help and cooperation
5.11
Public help and cooperation is of vital importance in detecting crime, and checking
corruption. This cooperation can be secured only if there is demonstrative, effective and
prompt action on the complaints and information received from reliable sources. Local
Branch SP of CBI should make arrangements to ascertain the difficulties which general
Page 49 of 49
public experience in their day to day dealings with the public servants and the points and
places at which they have to make illegal payments to secure services from Government
agencies. Public should also be made aware of their rights by putting pamphlets etc. at
public places and through media publicity.
5.12 The JDs/DIsG and SsP of CBI must pay personal attention to all aspects covered
under this chapter by proper planning and greater coordination with the Units/Departments
concerned and ensure that the best results are achieved. The concerned JDs & DIsG of CBI
should watch the progress of implementation of these instructions and provide timely
guidance to the Branches under their control.
Internal Vigilance in CBI
5.13 For the purpose of preparation and maintenance of list of CBI Officers of doubtful
integrity, instructions have been issued by the Policy Division vide Letter No. 21/37/96-PD,
dated 27-8-1997. Detailed instructions to strengthen the Internal Vigilance system in CBI
have also been issued vide Policy Division Circular No. 2/2004, dated 27-1-2004. These
instructions must be followed scrupulously by all the JDs, DIsG, SsP of CBI.
______
Page 50 of 50
CHAPTER 6
FUNCTIONS AND RESPONSIBILITIES OF
SENIOR OFFICERS
DIRECTOR, CBI--Matters to be shown to DCBI
6.1
Director, CBI should be informed of all important matters and his advice or
instructions obtained wherever this is considered necessary by Special Director, Additional
Director, Joint Directors, DIsG, Director of Prosecution, Director, CFSL and other Senior
Officers. In particular, the following matters should be referred to him.
6.2
ANTI-CORRUPTION DIVISION
6.2.1 Information, complaints, proposals for registration of cases, Final Reports and
follow-up action on results of trial and Departmental Action, including decision
on verification of Source Information Reports/Complaints in the types of cases
detailed in Annexure 6-A involving–
A. Group ’A’ Government Servants in the pay scale of :(a)
Rs. 24,050-26,000
(b)
Rs. 22,400-26,000
(c)
Rs. 22,400-24,500
(d)
Rs. 18,400-22,400
B. Major General and above in the Army and their equivalents in the Navy and
the Air Force.
C. Chairman & Managing Directors and Managing Directors or equivalent of
Public Sector Undertakings/Nationalized Banks.
D. Persons in Public life, e.g., present and former Ministers of Central/State
Governments, Members of Parliament, Members of Legislative Assemblies
and others holding high public office.
E. Registration of cases on the references received from the following:–
(a)
Prime Minister of India
(b)
Cabinet Ministers of Government of India/Chief Ministers of State
Governments or their equivalent
(c) The State Governments.
(d) Supreme Court/High Courts.
6.2.2
All cases in which strictures against the CBI Officers have been passed by
Courts.
6.2.3
Important Parliament Questions relating to subjects mentioned above.
6.2.4
Important reports/reference received from the Branches or the Intelligence
Bureau or the Central Vigilance Commission or the other Departments or the
States and replies thereto.
6.2.5
Matters relating to policy and procedures.
6.2.6
Other matters of importance and interest, including instances of misconduct,
negligence or indiscipline on the part of any member of the staff of the CBI,
especially of Gazetted rank.
Page 51 of 51
6.3
6.2.7
Formal inspection notes of Special Director/Additional Directors/Joint
Directors and informal inspection or visit notes of Joint Directors and Special
/Additional Directors.
6.2.8.
In addition, all cases of public importance as laid down by Policy Division will
be brought to the notice of DCBI where SDCBI/ADCBI/JD/DIG feel
necessary to do so at any stage.
SPECIAL CRIMES DIVISION
6.3.1
This Division primarily deals with Information, complaints and proposals for
registration of cases, Final Reports and follow-up action on results of trial
and Departmental Action in the following types of cases:–
6.3.2
Espionage, Internal Security, Sabotage and offences under the Official
Secrets Act.
6.3.3
Registration of cases on the references received from the following:
(a)
Prime Minister of India.
(b)
Cabinet Ministers of Government of India/Chief Ministers of State
Governments or their equivalent.
(c)
The State Governments.
(d)
Persons in public life, e.g., present and former Ministers of
Central/State Government, MPs, MLAs and others holding high public
office.
(e)
Supreme Court/High Courts.
6.3.4 The Director, CBI should be informed of all important matters and his
advice or instructions obtained wherever this is considered necessary by the
SDCBI, ADCBI, Joint Directors and Dy. Inspectors-General of Police. The
delegation of powers to Senior Officers of SCD to dispose of matters will be
as per details mentioned in Annexure 6-B and para 6.2 above.
ECONOMIC OFFENCES DIVISION
6.4 All important matters as referred to in para 6.2 above should be put up to the
Director, CBI. The delegation of powers to Seniors officers
of EOD to dispose of matters
will be as mentioned in Annexure 6-C.
POLICY DIVISION
6.5
The following matters will be referred to the Director:6.5.1
Directly:
(a)
Monthly Reports and Press Communiqués.
(b)
Quarterly, six-monthly or annual returns to Cabinet Secretariat/
PMO/DoPT/MHA etc. and CVC.
(c)
Annual Confidential Reports of Gazzeted Officers of CBI.
6.5.2 Through Special/Additional Director or the Joint Directors concerned :
(a)
Matters relating to the directives of the Central Vigilance Commission
and Ministries.
(b) Property Returns of officers of and above the rank of Deputy InspectorsGeneral of Police/Deputy Director.
Page 52 of 52
(c)
Applications for purchase of movable/immovable property of Group ‘A’
officers.
6.5.3
Through Joint Director concerned :
Arrangement for the conduct of the CBI conferences and the joint
conferences of the CBI and the State Anti-Corruption Agencies, etc.
COORDINATION AND INTERPOL WING
6.6
The following matters pertaining to the Coordination and Interpol Wing shall be put up
to the Director through the Joint Director (Policy):-(a)
Periodical reviews and bulletins relating to crimes, particularly,
counterfeit currency, firearms and narcotics.
(b)
Monthly Reports indicating the progress made in preparing and maintaining
cards and dossiers relating to important crimes and criminals and regarding
collection of statistical data from the States.
(c)
Monthly statement of inquiries sent to and received from Interpol.
ADMINISTRATION DIVISION
6.7
The following matters concerning Administration Division shall be put up to the
Director through the Joint Director (Administration):–
(a) Creation of posts.
(b) All matters of policy relating to recruitment and training.
(c)
Confirmation, permanent absorption, promotion and retirement of officers of
gazetted and above rank .
(d)
Postings and transfers of officers of and above the gazetted rank.
(e)
Selection of personnel of and above the Gazetted rank.
(f)
Disciplinary matters affecting personnel of and above the gazetted rank.
(g) The following matters in respect of officers of and above the rank of Deputy
Inspector-General of Police:–
(i)
Grant of advances for purchase of conveyance.
(ii)
Advances for medical attendance and treatment.
(iii)
Permission to undertake work and to accept remuneration/ honorarium.
(iv)
Other matters involving exercise of powers personally by the Director
under the provisions of the Fundamental Rules, Supplementary Rules and
the Delegation of Financial Powers Rules
DIRECTORATE OF PROSECUTION/LEGAL DIVISION
6.8
The Directorate of Prosecution/Legal Division functions under the general supervision
and control of Director, CBI. The Directorate of Prosecution has been established in the CBI
by reconstituting the Legal Division vide Govternment of India, DoPT Office Memo, dated 9th
July, 2001. While agreeing with the independent review committee report dated 31st
October, 2000 and keeping in view the spirit of the judgement of the Supreme Court in
Vineet Narain Case, it was considered necessary to make the system of prosecution more
able, impartial and strict but not necessarily independent. The Governent of India has also
agreed that there is need for greater impartiality, efficiency and accountability of the
prosecuting agency working within the existing parameters. The Director of CBI will continue
to exercise general superintendence over the Prosecution Wing keeping in view the
instructions contained in the above-referred Office Memorandum.
Page 53 of 53
CENTRAL FORENSIC SCIENCE LABORATORY
6.9
The following matters pertaining to the Central Forensic Science Laboratory shall be
put up to the Director through the Joint Director (Administration):–
(a)
Periodical reports on the work done in the Laboratory.
(b)
Proposals for changes in staff.
(c)
Proposals for purchase of equipment.
(d)
Any other matter of importance as desired by DCBI, SDCBI, ADCBI or Joint
Director (Administration).
SPECIAL DIRECTOR/ADDITIONAL DIRECTOR, CBI
6.10 Subject to general guidance and control of the Director, CBI, the following matters will
be referred to the Special Director/Additional Director, CBI:–
6.10.1 Informations, complaints, proposals for registration of cases, Final Reports
and follow-up action on results of trial and departmental action, including
decision to verify Source Information Reports/ Complaints in the types of
cases as detailed in Annexure 6.
6.10.2 Any other matter which is desired to be put up to Director, CBI, as per para
6.2 above.
6.10.3 Reports concerning Brigadiers in the Army and their equivalent in the Navy
and the Air Force.
6.10.4 Reports concerning Senior Management Level and Board Level appointees,
such as General Manager/Group/Senior/Chief General Managers, Executive
Directors, Dy. Managing Directors of PSUs and Nationalized Banks.
6.10.5 Registration of cases on the references received from the following:
(a)
CVC
(b)
MHA
(c)
Department of Personnel & Training/Cabinet Secretariat
(d) Ministers of State, Government of India; Ministers of State Governments.
JOINT DIRECTOR & SPECIAL INSPECTOR-GENERAL OF POLICE
6.11 Subject to the general guidance and control of the Director, CBI and the Special
Director/Additional Director, CBI, the matters as detailed in Annexure 6 will be referred to the
Joint Director & the Special Inspector-General of Police. In addition to this, any other matter
which is desired to be put up to Director, CBI, as per para 6.2 above, shall also be routed
through the concerned Joint Director. In particular, the following matters should be referred
to JD :-6.11.1
All First Information Reports received in the Head Office.
6.11.2 Registration Reports in all cases except against Group ‘C’ & ‘D’ officers.
6.11.3
Progress Reports of all time-barred cases beyond 3 months in Preliminary
Enquiries and 12 months in Regular Cases.
6.11.4
Decision in matters pertaining to Group ‘B’ & ‘C’ officers referred to him by
Deputy Inspector General of Police.
6.11.5
All cases in which strictures have been passed by Courts.
6.11.6
Important Parliament Questions relating to cases in para (6.2).
Page 54 of 54
6.11.7
Important reports received from the Branches or the Intelligence Bureau or
other Ministries/Departments or the States.
6.11.8
Matters relating to policy and procedure.
6.11.9
Other matters of importance and interest including instances of misconduct,
negligence or indiscipline on the part of any members of the staff of the CBI
under them.
6.11.10 Inspection/visit notes of Deputy Inspectors-General of Police under them.
The following work pertaining to Administration will be attended to by
Joint Director:-6.11.11 Earned Leave to Superintendent of Police when it does not involve any
officiating arrangement in the leave vacancy.
6.11.12 Casual leave to Deputy Inspectors General of Police. However, the Addl./
Spl. Director is to be kept informed.
6.11.13 Disciplinary and financial powers as per rules.
6.11.14 Scrutiny of Property Returns of Group ‘A’ & ‘B’ officers under them.
6.11.15 Action to fill up vacancies in Branches of their Zones
6.11.16 Work relating to Annual Confidential Reports in accordance with the orders
on the subjects.
6.11.17 With regard to appointment of Special/Retainer Counsels. Joint Directors will
consult the DoP/ Director whenever they consider this to be necessary in
view of the special importance of any particular case/cases.
6.11.18 Appointment of exclusive Courts of Special Judges and Magistrates.
6.11.19 Implementation of various instructions regarding targets, priorities and
measures to intensify vigilance and anti-corruption work envisaged in the
Annual Programme of Work.
6.11.20 Meetings and discussions with Ministries for implementing the Annual
Programme of Work.
6.11.21 They will maintain necessary contact with the Central Vigilance Commission,
Department of Personnel, Ministry of Home Affairs and other Ministries. The
Director, CBI will be kept informed of important points arising out of these
meetings.
6.11.22 They will maintain liaison with the Inspectors General of Police of States in
regard to cases entrusted by the State Governments to the CBI for
investigation.
6.11.23. Action to fill up vacancies in Branches of their zones
6.11.24 Work relating to Annual Confidential Reports in accordance with the orders
on the subject.
6.11.25 They will inspect the Branches under their control once in a year.
6.11.26 In regard to the above and other matters relating to the Special Police
Establishment, they will keep the Director, CBI, informed of important matters
and consult him, wherever necessary. They will deal with proposals requiring
orders of the Director, CBI for deputation of officers to foreign countries for
investigation.
Page 55 of 55
6.12 DEPUTY INSPECTOR-GENERAL OF POLICE
Region/Central Units will be placed under a Deputy Inspector-General of Police. He
will exercise full control and authority over it and will be responsible for the work, efficiency
and discipline of all the Branches within his Region. Without limiting his jurisdiction, authority
or responsibility, the following will, inter alia, constitute his important functions:-6.12.1
Supervision and control of the work of all the Branches in his Region. All
papers concerning his Region going to the Director, the Special/Additional
Director, the Joint Director or the Legal Advisor/DoP must pass through him.
6.12.2
Execution and direction of the Special Drives within his Region, particularly
organizing simultaneous raids, surprise checks etc. and implementing
Annual Programme of Work. Achievement of targets and laying down of
priorities.
6.12.3
Supervision and control of the Regional Office.
6.12.4
Liaison with the Central Vigilance Commission, Cabinet Secretariat, other
Ministries and Departments in respect of the work relating to his Region.
6.12.5
Monthly Reports from Branches /Units of his Region.
6.12.6
Parliament Questions relating to specific cases of his Region.
6.12.7
Press Communiqués relating to cases of his Region.
6.12.8
Inspection of Regional Office and Units within their Regions once in a year.
6.12.9
Interview of directly recruited personnel of all ranks posted to his Region.
6.12.10 Matters pertaining to buildings, office and residential premises of all the
Units of his Region.
6.12.11 Maintenance of confidential records of the complaints against officers of and
above the rank of Sub-Inspectors working in his Region and Section with a
view to weeding out undesirable elements and to ensure efficiency and
integrity in the Branches and the Sections under his control.
6.12.12 Filling up vacancies in the Units of his Region.
6.12.13 Disciplinary matters which have to be dealt with by him under relevant rules.
6.12.14 Subject to the general guidance and control of the Senior Officers, the
following matters will be referred to the Deputy Inspector-General of Police
of the Region.
6.12.15 Orders on final reports in the cases mentioned in Annexure-6 unless he feels
that he should consult his Joint Director.
6.12.16 Weekly Diaries of Superintendents of Police, Deputy Superintendents of
Police and DLA.
6.12.17 Weekly arrears lists of the Regional Office.
6.12.18 Progress Reports in cases against officers mentioned in annexures above.
6.12.19 Earned leave to Deputy Superintendents. In case a substitute is required, he
should consult the Administration Division.
6.12.20 Casual Leave to Superintendents of Police of the Region.
6.12.21 Deputation of officers up to the rank of Sub-Inspectors.
6.12.22 All Disciplinary matters as per Disciplinary Rules.
6.12.23 Exercise of financial powers as given in the orders relating to delegation of
such powers to various officers.
Page 56 of 56
6.12.24 Work relating to Annual Confidential Reports as laid down in the orders on
this subject.
6.12.25 All the Deputy Inspectors-General of Police will keep the Joint Director,
Special/Additional Director and the Director informed of all important matters
relating to their Regions.
6.12.26 All the Deputy Inspectors-General of Police should involve themselves in
welfare matters pertaining to the Executive, legal and the Ministerial Staff
working under them. They will hold the Sampark Sabha meeting regularly as
prescribed.
6.12.27 Particular attention will be paid by the DIsG to reports, notes, statements,
and letters being issued to the H.O. or outside agencies from the regional
office to ensure that they are carefully drafted and checked before issue.
6.12.28 Letters to the CVC, Ministries, other Government agencies and authorities
will be signed by the DIG or DLA, as the case may be, except purely routine
correspondence which may be signed by the Office Superintendent attached
to Regional Office.
______
Page 57 of 57
ANNEXURE 6-A
POWERS OF OFFICERS FOR REGISTRATION/DISPOSAL OF RC/PE, INCLUDING POWERS
FOR TAKING DECISION TO VERIFY SIRs/COMPLAINTS
IN THE ANTI-CORRUPTION DIVISION.
Designation
Director
1.
of :
Powers
Group ’A’ Government Servants in the pay scale
(a)
(b)
(c)
(d)
Rs.
Rs.
Rs.
Rs.
24,050-26,000
22,400-26,000
22,400-24,500
18,400-22,400
2.
Major General and above in the Army and their
equivalents in the Navy and the Air Force.
3.
Chairman & Managing Directors and Managing
Directors
or
equivalent
of
Public
Sector
Undertakings/Nationalized Banks.
4.
Persons in Public life, e.g., present and former
Ministers of Central/State Governments, Members of
Parliament, Members of Legislative Assemblies and
others holding high public office.
5.
Registration of cases on the references received
from the following :–
(a) Prime Minister of India
(b)
Cabinet Ministers of Government of
India/Chief
Ministers of State Governments or their
equivalent
(c) The State Governments.
(d) Supreme Court/High Courts.
1. Group ‘A’ Govt servants in the pay scale of
Spl. Director/Addl. Director
(A)
(B)
Rs. 16,4000-20,900
Rs. 16,4000-20,000
2.
Brigadier in Army and their equivalent in the Navy
and the Air Force.
3. Sr. Management level and Board Level
appointees, such as General
Managers/Group/Senior/Chief General Managers,
Executive Directors, Dy. Managing Directors of PSUs
and Nationalized Banks.
4. Registration of cases on the references received
from the following:–
(A)
(B)
(C)
Designation
Joint Director & Spl.
Inspector-General of Police
CVC
MHA
Department of Personnel & Training/Cabinet
Secretariat.
(D) Ministers of State, Govertment of India,
Ministers of
State Government.
Powers
1.
:
Group ‘A’ Govertment Servants in the pay scale of
Page 58 of 58
(A)
(B)
(C)
(D)
(E)
(F)
Rs. 15,100 - 18,300
Rs.14,300-18,300
Rs. 12,750- 16,500
Rs. 12,000- 16,500
Rs. 10,650-15,850
Rs. 10000-15,200
2. Colonel and Lieutenant Colonel in Army and theri
equivalent in the Navy and the Air Force.
3. Middle Management Level officers of PSUs and
Nationalized Banks.
4. Registration of cases on the references received
from the following:–
(A)
(B)
(C)
(D)
Dy. Inspector-General of
Police
1.
:
Ministries other than MHA and DoPT;
Member of Parliaments.
Member of Legislative Assemblies;
Other accredited dignitaries.
Group ‘A’ Government Servants in the pay scale of
(A)
(B)
(C)
Rs. 10,650-15,850
Rs. 10000-15,200
All Group ‘B’ Government Servants.
2. 2nd Lieutenant, Lieutenant, Captain and Major in
the Army and their equivalents in the Navy and the Air
Force.
3. Jr. Management Level officers of PSUs and
Nationalized Banks.
Superintendent of Police
1.
All Group ‘C’ & ‘D’ Government Servants.
2. All Non-Commissioned officers in the Army and
their equivalent in the Navy and Air Force.
3.
Award Staff of PSUs and Nationalized Banks.
NOTE : While registration of cases on references received from PMO, Cabinet Ministers of Government of India, Chief
Ministers of State Governments, State Governments and Supreme Court/ High Court will be with the approval of
DCBI, orders on Final Reports can be by the Competent Authority unless specific orders have been passed at the time
of registration to put up the Final Reports to DCBI or SDCBI, since many a time, the suspect officers in such cases will
be quite junior.
______
ANNEXURE 6-B
POWERS OF OFFICER FOR REGISTRATION/DISPOSAL OF RC/PE, INCLUDING POWERS FOR
TAKING DECISION TO VERIFY SIRs/COMPLAINTS
IN THE SPECIAL CRIMES DIVISION
Designation
Director
Powers
The Spl. Crime Division (SCD) will work under the
overall supervision of the DCBI. He will be assisted by a
Spl. Director./Addl. Director, Jt. Directors and Dy.
Inspector-General of Police. All important matters
Page 59 of 59
concerning
Espionage,
POTA,
NDPS
Senior
Bureaucrats/Civil Servants belonging to PSUs of the
ranks of Joint Secretary and above, should be referred
to the Director, CBI. In addition all cases of public
importance as laid down by Policy Division and those
mentioned in Annexure 6-A will be brought to the notice
of DCBI.
Special Director/Addl.
Director
1. Crimes falling under various Sections of IPC and
Spl. Acts notified under Sec. 3 of DSPE Act
predominantly pertaining to terrorism, conventional
crimes like murder, attempt to murder, rape, rioting,
espionage, kidnapping, smuggling of arms, illicit
immigration,
hijacking,
theft,
housebreaking,
dacoities/robberies, atrocities on women, organized
crimes etc. and the offences notified by the
Government of India for Border Wing of CBI.
2.
Crimes in which Civil servants/bureaucrats of all
ranks below Joint Secretary are involved.
3.
Offences under the P.C. Act involving public
servants, which may emerge during the course of
investigation of offences mentioned in category (1)
above.
4.
Registration of cases on the references received
from the
following:(A) CVC
(B) MHA
(C) Department of Personnel & Training/Cabinet
Secretariat.
(D)
Ministers of State, Government of India,
Ministers of State
Government.
Joint Director & Spl.
Inspector-General of
Police
1.
Crimes falling under various Sections of IPC and
Spl. Acts notified under Sec.3 of DSPE Act
predominantly pertaining to terrorism, conventional
crimes like murder, attempt to murder, rap, rioting,
espionage, kidnapping, smuggling of arms, illicit
immigration,
hijacking,
theft,
housebreaking,
dacoities/robberies, atrocities on women, organized
crimes etc. and the offences notified by the
Government of India for Border Wing of CBI.
2.
Offences under the PC Act involving public
servants which may emerge during the course of
investigation of offences mentioned in category (1)
above.
Designation
Powers
3. Registration of cases on the references received
from the following:–
(A)
(B)
(C)
(D)
Dy. Inspector-General
of Police
Ministries other than MHA and DoPT;
Members of Parliament.
Member of Legislative Assemblies;
Other accredited dignitaries.
1.
Crimes falling under various Sections of IPC and
Spl. Acts notified under Sec. 3 of DSPE Act
predominantly pertaining to terrorism, conventional
crimes like murder, attempt to murder, rape, rioting,
espionage, kidnapping, smuggling of arms, illicit
immigration,
hijacking,
theft,
housebreaking,
Page 60 of 60
dacoities/robberies, atrocities on women, organized
crimes etc. and the offences notified by the
Government of India for Border Wing of CBI.
2.
Offences under the PC Act involving public
servants which may emerge during the course of
investigation of offences mentioned in category (1)
above.
Superintendent of
Police
1.
All Group ‘C’ & ‘D’ Government Servants.
2. All Non-Commissioned officers in the Army and
their equivalent in the Navy and Air Force.
3.
Award Staff of PSUs and Nationalized Banks.
______
Page 61 of 61
ANNEXURE 6-C
POWERS OF OFFICERS FOR REGISTRATION/ DISPOSAL OF RC/PE, INCLUDING POWERS
FOR TAKING DECISION TO VERIFY SIRs/ COMPLAINTS
IN THE ECONOMIC OFFENCES DIVISION
Designation
Director
Powers
1. Offences of following categories involving Rs. 20 crores and
above:–
Crimes falling under various Sections of IPC & Spl. Acts notified
under Sec. 3 of DSPE Act predominantly pertaining to serious
frauds in Banks, Stock Exchanges, Financial Institutions, Jt. Stock
Companies, Public Ltd. Companies, and Registered Funds,
misappropriation of public funds, criminal breach of trust, Customs
Act, and Import & Export Laws, counterfeiting of currency,
narcotics and drug trafficking, arms peddling, offences related to
antiquities, financial crimes, adulteration, black marketing, money
laundering, etc.
2. Offences under IPC, Spl. Acts and PC Act notified under Sec. 3 of
DSPE Act if they happen to arise in the investigation of cases of the
nature mentioned at (1) above irrespective of the fact that they may fall
within the jurisdiction of Special Crimes Division or Anti-Corruption
Division.
3. Registration of cases on the references received from the
following:–
(A) Prime Minister of India
(B) Cabinet Ministers of Government of India/Chief Ministers of
State Government or their equivalent.
(C) The State Governments.
(D) Supreme Court/High Court.
4.
Persons in public life, e.g., Present Ministers of Central/State
Governments and others holding very high public office.
5.
In addition, all cases as mentioned in Annexure-6 A shall be
brought to the notice of DCBI.
Special Director/
Additional Director
Designation
1. Offences of following categories involving Rs.10 crores or more
and upto Rs. 20 crores:Crimes falling under various Sections of IPC & Spl. Acts notified
under Sec. 3 of DSPE Act predominantly pertaining to serious
frauds on Banks, Stock Exchanges, Financial Institutions, Jt.
Stock Companies, Public Ltd. Companies, and Registered Funds,
misappropriation of public funds, criminal breach of trust,
violations of FERA, Customs Act, and Import & Export Laws,
counterfeiting of currency, narcotics and drug trafficking, arms
peddling, offences related to antiquities, financial crimes,
adulteration, black marketing, money laundering etc.
Powers
2. Offences under IPC, Spl. Acts and PC Act notified under Sec. 3 of
DSPE Act if they happen to arise in the investigation of cases of the
nature mentioned at (1) above irrespective of the fact that they may fall
within the jurisdiction of Spl. Crimes Division or Anti-Corruption Division.
3. Registration of cases on the references received from the
following:–
(A) CVC
Page 62 of 62
(B) MHA
(C) Cabinet Secretariat ( or the concerned controlling Ministry)
(D) Ministers of State, Government of India/Ministers of State,
Sate Governments.
(E) Former Central Ministers.
(F) Members of Parliament.
Joint Director & Spl.
Inspector-General of
Police
1. Offences of following categories involving Rs.5 crores or more but
less than Rs. 10 crores:–
Crimes falling under various Sections of IPC & Spl. Acts notified
under Sec. 3 of DSPE Act predominantly pertaining to serious
frauds on Banks, Stock Exchanges, Financial Institutions, Jt.
Stock Companies, Public Ltd. Companies, and Registered Funds,
misappropriation of public funds, criminal breach of trust,
violations of FERA, Customs Act, and Import & Export Laws,
counterfeiting of currency, narcotics and drug trafficking, arms
peddling, offences related to antiquities, financial crimes,
adulteration, black marketing, money laundering, etc.
2.
Offences under IPC, Spl. Acts and P.C. Act notified under Sec. 3
of DSPE Act if they happen to arise in the investigation of cases of the
nature mentioned at (1) above irrespective of the fact that they may fall
within the jurisdiction of Special Crimes Division or Anti-Corruption
Division.
3.
Registration of cases on the references received from the
following:–
(A) Ministries other than MHA and Cabinet Secretariat ( or the
concerned controlling Ministry)
(B) Former Ministers of State Governments.
(C) Members of Legislative Assemblies.
(D) Other accredited dignitaries.
Dy. Inspector-General
of Police
Designation
1.
Offences involving amount of above Rs. 1 crore but less than Rs.
5 crores falling under various Sections of IPC & Spl. Acts notified under
Sec. 3 of DSPE Act predominantly pertaining to serious frauds on
Banks, Stock Exchanges, Financial Institutions, Jt. Stock Companies,
Public Ltd. Companies, and Registered Funds, misappropriation of
public funds, criminal breach of trust, violations of FERA, Customs Act,
and Import & Export Laws, counterfeiting of currency, narcotics and
drug trafficking, arms peddling, offences related to antiquities, financial
crimes, adulteration, black marketing, money laundering, etc.
Powers
2. Offences under IPC, Spl. Acts and PC Act notified under Sec. 3 of
DSPE Act if they happen to arise in the investigation of cases of the
nature mentioned at (1) above irrespective of the fact that they may fall
within the jurisdiction of Spl. Crimes Division or Anti-Corruption Division.
Superintendent of
Police
1. Offences involving upto Rs. 1 crore falling under various Sections
of IPC & Spl. Acts notified under Sec. 3 of DSPE Act predominantly
pertaining to serious frauds on Banks, Stock Exchanges, Financial
Institutions, Jt. Stock Companies, Public Ltd. Companies, and
Registered Funds, misappropriation of public funds, criminal breach of
trust, violations of FERA, Customs Act, and Import & Export Laws,
counterfeiting of currency, narcotics and drug trafficking, arms peddling,
offences related to antiquities, financial crimes, adulteration, black
marketing, money laundering, etc.
2. Offences under IPC, Spl. Acts and PC Act notified under Sec. 3 of
DSPE Act if they happen to arise in the investigation of cases of the
nature mentioned at (1) above irrespective of the fact that they may fall
within the jurisdiction of Special Crimes Division or Anti-Corruption
Division.
NOTE 1:
In all cases involving Chief Executives of Banks/ PSUs and other CMD level officers, the DCBI will be the
Competent Authority to order registration and take decision on Final Reports irrespective of the amount involved
(Policy Division Circular No. DP0992002/ 00642/21/26/2001-PD, dated 16-7-2002.)
Page 63 of 63
NOTE 2 : In all such cases in which involvement of public servants is found either at the stage of registration or during
investigation, the competence to register the RC/PE or to take decision on the FRs shall lie with the higher of the
two authorities who are competent to take decision in such a case on the basis of (a) financial involvement, (b) level
of public servant found involved. The competence on the basis of level of public servant involved shall be as
provided in the distribution of powers obtaining in this regard in the Anti Corruption Division.
______
Page 64 of 64
CHAPTER 7
FUNCTIONING OF INVESTIGATING BRANCHES/UNITS
7.1 The major fieldwork of CBI is done by its Branches/Units, which are headed by the Sr.
SP/SP. These branches are located all over India with their respective territorial jurisdictions.
Whereas the Central Units, having functional specialization and created for intensive
investigation of the important cases are located at New Delhi and have all-India jurisdiction.
FUNCTIONING OF BRANCHES
7.2
Each Branch is required to have the following four separate sections under overall
control of the Sr. SP/SP of the Branch:–
7.3
Confidential Section
7.3.1 This Section is headed by Senior Clerk Steno working as personal assistant to
the Sr. SP/SP and deals with all sensitive matters like Complaints/Source
Information Reports, Annual Confidential Reports, all secret operations of the
Branch including maintenance of accounts of expenses on such operations
etc. This section works directly under the control of the Head of the Branch
and is generally not accessible to others without prior permission of the
Branch Sr. SP/SP
7.3.2
The files and records maintained in this section are generally of confidential
nature and, therefore, these are not allowed to be taken out of the this section
without prior permission of the Sr.SP/SP of the Branch. The closed files may,
however, be kept in a sealed packet and transferred to the record room of the
Branch, if these are no longer required, after taking necessary permission
from the Branch SP.
Crime Investigation Section
7.4
This Section is headed by a Crime Assistant/ Head Clerk selected by the Branch SP.
He will be assisted by a reasonable number of ministerial and other personnel who will work
directly under his control. This Section will be responsible for performing the following
duties:–
7.4.1
7.4.2
Maintenance of all Files/Registers pertaining to the cases under investigation
in the Branch and attending to all Parliament Questions and V.I.P references.
Submission of Progress, Reports, weekly diaries and monitoring of all
instructions issued to the Investigating Officers and their replies. Transfer of
the closed files to record room after these are no longer required.
Ensuring deposit of all case properties in the Malkhana soon after their
seizure by the Investigating Officers and their final disposal in respect of the
cases which have not been sent up for trial.
7.4.3 Maintenance and submission of Case Diaries of under investigation cases and
transferring the same to the Prosecution and Pairvi Section as soon as
charge-sheet is filed in the case.
7.4.4
Entering and maintaining data relating to the under investigation cases and
ensuring its integrity.
7.4.5
Organizing the monthly crime meetings of the Branch. Preparation of minutes
and ensuring follow-up actions thereon.
7.4.6
Attending to any other matter relating to the investigation/enquiries of cases
as directed by the Branch SP from time to time.
Page 65 of 65
7.5
Prosecution and Pairvi Section
7.5.1
The Prosecution and Pairvi Section will be headed by an officer of the rank of
Sub-Inspector assisted by at least one A.S.I, one Head Constable, one or two
constables/Naib Courts, one UDC/LDC, one SCS and the Pairvi Officers. The
strength of this section may be increased/decreased depending upon the
volume of work and availability of manpower/ financial resources.
7.5.2
Functions and Duties of this Section
(i)
As soon as a charge-sheet is filed in a Court of Law, the Investigation
Crime Section/I.O. will hand over a copy of the charge-sheet, relied-upon
documents/statements etc. and the original case diary file to the incharge
of the Prosecution and Pairvi Section.
(ii)
It shall be the duty of the incharge of this Section to obtain orders of the
Branch SP/Sr.PP as to the name of the Pairvi Officer/Prosecutor
assigned to the case.
(iii)
Thereafter, it will be the responsibility and duty of the incharge of this
Section to ensure that the details of the case are filled up in the CRIMES
Module of the computer under the supervision/guidance of the
Sr.PP/Law Officer assigned to the case.
Explanation–After the Final Report/charge-sheet has been filed in the
Court, neither the CD file nor any other documents should be retained by
the I.O. in his personal custody. In case the relied-upon documents are
not deposited in the Court the same shall be deposited in the Malkhana.
(iv)
This Section will maintain a Temporary Issue Register (just like it is
maintained in the Malkhana) and whenever any documents are required
for
the
purpose
of
pairvi
it
shall
issue
copies
of
documents/statements/case diaries to the nominated Pairvi Officers after
obtaining acknowledgment from the Pairvi Officer in the Temporary Issue
Register.
The
Pairvi
Officer
should
return
all
such
documents/statements/CDs back to this Section as soon as the Court
hearing is over. In no case shall any temporary issue exceed 15 days.
(v)
The Incharge of this Section will interact on a daily basis with the Sr.
PP/SP and the Law Officers/Pairvi Officers/IOs concerned and remind
them about the cases posted for day-to-day hearings.
(vi)
The Incharge of this Section will interact with the special
counsels/retainer counsels regularly and assist them in handling legal
matters concerning the Branch, including filing of appeals/ revisions and
cases in Court.
(vii) The Incharge of this Section will be responsible for assisting the law
officers to obtain the summons and warrants issued by the Courts and
also keeping proper records of the same in the summon/warrant
registers and return the same to the Courts through the Law Officers
after service/execution. He will prepare monthly charts of
summons/warrants served/executed and point out reasons for nonservice of summons/execution of warrants and submit reports to the Sr.
PP/SP.
(viii) This Section will assist the concerned Law Officers to scrutinize the
evidence/list of witnesses/documents cited in each case with a view to
examine if the number of prosecution witnesses/ documents can be
reduced without affecting the trial of the case.
Page 66 of 66
(ix)
This Section will assist the Law Officers and IOs to brief the witnesses
before their appearance in Courts. This section will also assist the Law
Officers/special/retainer counsels in preparing the final arguments and
other petitions for filing replies in the Courts.
(x)
This Section will closely interact with Malkhana incharge to ensure that
documents/exhibits are taken out/deposited in proper time for production
in Court. After the disposal of the case, this section will ensure the return/
disposal of case properties lying with the Courts.
(xi)
The Court Diaries on receipt from the Law Officers/special counsels, and
reports of Pairvi Officers will be handled by this section and put up to the
Sr. PP/Branch SP/DLA/DIG etc. as required. For this purpose the
CRIMES Module will be utilized so that the Court Diaries can be written,
communicated and maintained in the electronic form.
(xii)
This Section shall be responsible for maintenance of
records/returns/correspondence and all other matters related to the
cases once the charge-sheet/ final reports is filed in the Court under
Section 173 of Cr.P.C. including closure reports, back references, etc.
(xiii) It will be the duty of this section to assist the Law Officers in filling up the
data in the computer module regarding monitoring of important cases
under trial as per Policy Division Circular No. 5/2004. Similarly, the data
regarding cases being disposed of every month from the Courts ending
in conviction/ acquittal/discharge/strictures against CBI Officers will also
be prepared by this section under the guidance/supervision of the
concerned Law Officers.
Administration and Accounts Section
7.6 This Section will be headed by the Head Clerk of the Branch, who will be assisted by a
reasonable number of ministerial staff, Duty Officers and motorcycle riders etc., as may be
considered necessary by the Branch SP. This section will be required to perform the
following duties:–7.6.1
Handling of all accounts and establishment matters of the Branch, including
passing of the bills in a reasonable time schedule which may be fixed with the
approval of the Branch SP. Preparation of budgets, expenditure statements
and vacancy statements etc, and their timely despatch to the concerned
authorities. Attending to audit observations and reconciliation of accounts with
the P&AO, CBI and maintenance of proper records in respect of the same.
7.6.2 Maintenance of a proper record room. Inventory and auction of condemned/
dead stock as per rules. Cleanliness of the office and other working facilities of
the Branch. Deployment of Duty Officers (who would not be below the rank of
Head Constable) .
7.6.3 Maintenance of a General Diary in the prescribed proforma. The General Diary
must contain the following entries, besides all other important developments in
the Branch:
(i)
The handing and taking over of charge by the officer maintaining the
Diary (i.e. the Relieving and the Relieved Officer).
(ii)
The substance in brief of cognizable and non-cognizable cases taken up
for investigation by the Branch soon after registration of the FIR and
Preliminary Enquiry.
(iii)
Despatch of officers for conducting searches.
Page 67 of 67
(iv)
Seizure of property suomotu or under Section 93 Cr.P.C. and its
disposal.
(v)
Effecting of arrests with or without warrants and the disposal of the
arrested persons.
(vi)
Confinement of the arrested persons in lock-up of the Branch.
(vii) Receipt and execution of the orders under Sections 154, 155, 156 and
159 Cr.P.C. and Section 17 of P.C. Act, 1988.
(viii) Initial opening and final closing of Malkhana for the day.
(ix)
Performance of other departmental duties by the Branch like assistance
afforded to another Branch or some other Police agency etc.
7.6.4 The General Diary should not be removed from the Branch and will be made
available to the officers of the Branch to record reports in respect of the matters
mentioned above. The General Diary will be written in duplicate and the carbon
copy of the entries recorded on a particular day will be submitted by the Duty
Officer before the Head of the Branch the following morning for his information
and necessary action.
7.6.5
The Duty Officer will be responsible for getting the tour programme of the
Branch Officers approved by the appropriate authorities and for making
arrangements for their reservation etc. with utmost promptness and will provide
necessary assistance of vehicle and manpower. Maintenance and proper
accounting of the Railway Warrants and Air Vouchers etc. and their issue to the
authorized officers. Service of summons/notices and execution of the arrest
warrants with the help of executive staff. Proper maintenance of the summons
and warrants Registers. Proper upkeep of the office and all facilities available in
the Branch like the Vehicles etc. and to make them available to the authorized
officers with a view to ensure efficient functioning of the Branch.
7.6.5
The Administration Section including the duty officer will also attend to all other
functional requirements of the Branch and carry out all duties and directions
issued by the Branch SP from time to time.
FUNCTIONING OF CENTRAL UNITS
7.7
Since the Central Units are wholly required to concentrate on the important
investigations, they function as investigation Units under close supervision of the DIG
incharge of respective Regions.
7.8
The Administration, Accounts, Malkhana, Crime Investigation, Prosecution & Pairvi
Section of these Units is, therefore, maintained Region wise instead of branch-wise. A Sr.
SP/SP incharge of one of the Units of the Region may be entrusted by the DIG, to look after
the sections of the Region.
7.9
Duties/responsibilities of the Sr. SP/SP
7.9.1
Each Branch/ Unit is under the charge of a Sr. Superintendent of Police or
Superintendent of Police who is responsible for its work, administration, welfare
of the staff and discipline.
7.9.2 The Sr. SP/SP is required to supervise the work of all sections of his office and
to control and guide enquiries and investigation. He has to keep in touch with
the progress of cases in Courts and in departmental proceedings. He has to
see that the staff under him perform their duties efficiently and honestly.
Page 68 of 68
7.9.3 The Sr. Superintendent of Police/ Superintendent of Police will keep in touch
with the Heads of Central Government Departments and offices within his
jurisdiction. He will also maintain close liaison with the local Police.
7.9.4
With a view to have effective control over the working of the Branch, the Sr.
SP/SP will ensure that periodical inspections are carried out of all sections
regularly and throughly. All sections will be inspected twice in a year by the
Branch SP with reasonable gap between the inspections. Where two SsP are
posted in a Branch the Ist inspection of these sections may be done by SP-II in
the Ist half of the Calendar Year, while SP-I will carry out inspection in the 2nd
half of the year.
7.9.5
In Branches with heavy workload there may be more than one Supdts. of
Police/Sr. Superintendent of Police depending upon their utility in the interest of
overall functioning of the Branch. In these Branches, the Sr. Superintendent of
Police will be overall incharge of the Branch and the responsibility for its efficient
functioning will rest with him. In Branches where there are two Superintendents
of Police, the senior one out of them will be designated as SP-I and the other
one as SP-II.
7.9.6 The Sr. SP/SP-I will supervise all administrative matters and the investigation of
all important cases of the Branch. He may, however, distribute some workload to
the SP-II with a view to ensure close supervision of the entire working of the
Branch, like supervision of investigation/enquiries of some RCs and PEs,
maintenance of Crime Digest of cases, verification of source informations and
complaints, personally enquiring into some cases, inspection of Malkhana,
drawal and disbursal of pay and allowances, checking of Cash Book and
connected registers, routine correspondence and administrative work, as may
be considered necessary by him.
7.9.7 The overall responsibility of cash transaction in the Branch and maintenance of
the Cash Book will be of Sr. SP/SP-I. For this purpose the Sr.SP/SP-I may
appoint a Drawing and Disbursing Officer as per the GFR/SFR who shall
personally peruse the Cash Book on day to day basis. The Sr. SP or SP-I will
personally peruse the cash book once a month and ensure that the cash
account is correct and the cash book is being maintained properly.
7.9.8
Sanctions for incurring expenditure in the Branch shall be issued by Sr. SP or
SP-I. as the case may be.
7.9.9
All important correspondence relating to policy matters with the Head Office will
be signed by Sr. SP/SP-I when he is in Hqrs. During his absence, however, the
Superintendent of Police-II may sign such correspondence when instructed to
do so.
Addl. Superintendents of Police
7.10 The Addl. SP will investigate/ enquire into the cases which are allotted to him. His
services will also be available to the Superintendent of Police for supervising investigation of
some cases as and when necessary. If there are two or more Addl. Superintendents of
Police in a Branch, one of them may be designated as Addl. Superintendent of Police (Hqrs).
The senior most Addl. Superintendent of Police in a Branch will also hold charge of the
Branch in the absence of the Sr. Superintendent of Police or the Superintendent of Police.
Dy. Superintendent of Police
7.11 The Deputy Superintendent of Police will investigate/enquire into the cases which are
allotted to him. In Branches where there is no Additional SP, one of the Deputy
Superintendents of Police will assist the Superintendent of Police in supervision of the work
relating to administration, establishment/ accounts. In this respect he will perform such
functions and duties as are allotted to him by the Superintendent of Police. He may be
Page 69 of 69
designated Dy.SP (Hqrs) and will hold charge of the Branch in the absence of the SP from
the Headquarters.
Prosecution Staff
7.12 Each Branch/ Unit is provided with one or more officers of the rank of Sr.Public
Prosecutor, Public Prosecutor and Assistant Public Prosecutor to look after legal matters,
prosecution and trial of cases in Courts etc.
Senior Public Prosecutor
7.13 The Sr. Public Prosecutor will be responsible for the efficient working of prosecution
and Pairvi section of the Branch /Unit and of all the Public Prosecutors and Assistant Public
Prosecutors working under him in the Branch. The Sr. PP will be responsible for carrying out
the following duties:7.13.1
He will ensure that the records relating to his section are correctly and
properly maintained and that statements, returns and reports are submitted
in proper time and without delay.
7.13.2
He will be available to discuss the cases with the investigating officers and to
give them guidance and advice on legal points arising during the course of
investigation and will offer his legal comment on Final Reports, scrutinize the
charge sheets to be filed in Courts and prepare draft sanction orders for
prosecution.
7.13.3
He will ensure that the statements of witnesses and copies of documents, as
necessary under the law, are supplied to the accused persons in good time
by the Branches concerned.
7.13.4
He will ensure that warrants are obtained for the arrest of absconding
accused persons and that necessary action is taken under section 82 and 83
Cr.P.C against them.
7.13.5
He will ensure that summons to witnesses are issued from Courts in proper
time.
7.13.6
He will conduct prosecution of all important cases in the Court and will
submit Court Diaries in respect of them.
7.13.7
He will keep an eye on the conduct of prosecution by the Public
Prosecutors/Assistant Public Prosecutors of the Branch and give them
necessary help, guidance and advice.
7.13.8
He will prepare and forward conviction, acquittal and discharge reports in the
prescribed form of the cases under his charge and will ensure that
comments on acquittal and discharge reports of cases conducted by his
PPs/APPs are put up in the prescribed proforma.
7.13.9
He will take steps to obtain certified copies of the judgements, as may be
necessary, without delay. In cases in which appeals or revisions are
recommended, the Senior Public Prosecutor will prepare a self-contained
note giving briefly the facts of the case, the reasons for acquittal or
discharge and the grounds on which appeal or revision is considered
necessary;
7.13.10 He will ensure that the Government Counsel or Special Counsel engaged in
CBI Cases are fully and properly briefed by the IOs/Pairvi Officer and
Prosecutors concerned.
7.13.11 He will arrange to keep in touch with the progress of CBI cases coming up in
the High Courts and Supreme Court.
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7.13.12 In cases which are to be sent up for Regular Departmental Action he will be
responsible for preparation of draft charges, statement of imputations and
list of witnesses and list of relied upon documents.
7.13.13 In cases which are to be sent up for Court-trial, he will record detailed notes
in the prescribed register regarding disposal of case property. He will ensure
that the orders from Courts are obtained, about disposal of the case
properties as soon as possible.
7.13.14 He will keep the Sr. Superintendent of Police/Superintendent of Police
informed of all important matters concerning the work of his section or
concerning the proceedings in Courts or in Departmental Action/ Enquiries.
7.13.15 He will participate in the joint coordination meetings which are held at the
Branch and Regional level to discuss progress in the trial of the pending
Court cases and will prepare the minutes of the meeting and forward the
same to the Branch SP/Regional DIG/ DLA for their information and
guidance.
7.13.16 He will carry out detailed inspection of Malkhana, every three months and
ensure timely disposal of case properties.
Public Prosecutors & Assistant Public Prosecutors
7.14 The Public Prosecutors and Assistant Public Prosecutors will perform all such duties
which are allotted to them by the Sr. Public Prosecutor in consultation with the Sr.
Superintendent of Police/ Superintendent of Police of the Branch. They will conduct
prosecution of the cases in Courts which are allotted to them by the Sr. PP. They will submit
Court diaries about their cases and keep the Sr. Public Prosecutor and the Sr.
Superintendent of Police/Superintendent of Police informed of all developments in the cases
under their charge. In respect of the cases entrusted to them they will carry out all functions
which have been mentioned above in respect of the Senior Public Prosecutor.
7.15 Public Prosecutors and Assistant Public Prosecutors will ensure maintenance of the
records and registers and prepare such statements, returns and reports as may be directed
by the Sr. Public Prosecutor or by the Sr. Superintendent of Police/Superintendent of Police.
They will give comments on Final Reports in those cases which are marked to them. They
will also perform such other duties as may be allotted to them by Sr. PP or the Sr. SP/ SP of
the Branch from time to time.
Inspectors and Sub-Inspectors
7.16 The main function of Inspectors and Sub-Inspectors posted in the Branches/Units is to
make enquiries and investigations and to gather information. They will enquire into or
investigate the cases which are allotted to them. It is also their duty to look after their cases
in Courts during trial or during the disciplinary proceedings which are initiated on the
recommendations of CBI.
Head Clerk-cum-Accountant
7.17
In every Branch there will be a Head clerk-Cum-Accountant who will be overall
incharge of the staff of Administration and Accounts Section of the Branch/Unit. The Head
Clerk-cum-Accountant will be responsible for efficient working of the ministerial staff posted
under him. In his capacity as an Accountant, the Head Clerk will keep a check over all
accounts work and personally attend to such matters as may be necessary or as may be laid
down by rules or orders. The Head Clerk-cum-Accountant will have to deposit a security of
Rs. 8000/- whenever the job of handling cash is entrusted to him.
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7.18 Assistant Sub-Inspectors, Head Constables and Constables: They shall perform
all duties which are assigned to them by Sr. SP/SP or other superior officers in the interest of
efficient functioning of the CBI. They should take pride that they are the members of CBI and
must bring credit to the department, by their bearing and behaviour whether on duty or while
on leave etc.
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CHAPTER 8
COMPLAINTS AND SOURCE INFORMATION
COMPLAINTS
8.1
The CBI may receive complaints dealing with various issues/ matters from different
quarters including the general public. Every complaint, from whatever source received, will
be entered in the Complaint sub-module of CRIMES Module or in the temporary Complaint
Register maintained in the Branch Offices. Each complaint received, whether directly or from
any other Branch or Head Office, will be assigned a temporary number as stipulated from
time to time. If the complaint pertains to jurisdiction of any other Branch it should be
forwarded to the concerned Branch without any delay. No verification of any complaint shall
be initiated except after it has been assigned a regular complaint number with the approval
of the Competent Authority as detailed in the paragraphs below. All complaints will be
treated as "confidential" at all stages
Processing of Complaints
8.2 Superintendents of Police (including those working in the Special Units), are required
to have a preliminary look at each complaint and decide whether it falls within the purview of
CBI and would merit its attention. In case the complaint pertains to a subject outside the
purview of CBI or the allegations contained therein are too trivial or vague it should be
forwarded at the earliest to the department concerned with an endorsement that no enquiry
has been made by CBI. The disposal would be noted in the records maintained for this
purpose
8.3 All other complaints would be analysed with a view to see whether a criminal offence
can be made out requiring any action by CBI. In case, the analysis reveals that the complaint
deals with a substantial issue which falls within the ambit of CBI and needs further
verification, the permission of the Competent Authority will be obtained to verify the same.
The Competent Authority is one who could order registration of a Regular Case for the
particular rank of officer against whom the complaint has been made. In case, the level of
the public servant against whom the allegations have been made is not known, the SP of the
Branch may initiate verification at his own level but during the course of secret verification if
involvement of any senior officer figures, for which permission was not taken earlier,
necessary orders of the Competent Authority should be obtained to conduct verification
against the suspect officer.
8.4 After such approval, the complaint would be assigned a regular complaint number as
provided in the Complaint sub-module of CRIMES Module or by entering the same in the
register maintained for the purpose. Wherever records are maintained manually, necessary
corresponding entry will be made in the temporary complaint register also.
8.5 In order to ensure uniformity in dealing with complaints, the following broad guidelines
should be kept in view. Ordinarily, no verification of complaint of the following nature should
be taken up except for special reasons:(i)
Complaints which are anonymous and pseudonymous.
(ii)
Complaints containing vague and unverifiable allegations.
(iii)
Where the allegations relate to service matters, which can be better looked into
the departmental authorities.
(iv)
Complaints of petty nature not involving specific allegations of bribery or
corruption which can be better dealt with by the Vigilance Wing of the
department or local Police
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(v)
Complaints not otherwise falling within the purview of CBI.
(vi)
Complaints which have already been looked in to or are being looked into by the
department or its Vigilance Wing and the allegations prima facie do not reveal
that these would require an open investigation by CBI.
(vii) Complaints pertaining to matters/incidents, which have occurred in the distant
past.
(viii) Complaints involving only State Government servants or private individuals and
which are of no interest to CBI.
Complaints in which Verification should be taken up
8.6
The following categories of complaints may be considered fit for verification:(i)
Complaints pertaining to the subject-matters which fall within the purview of CBI
either received from official channels or from well-established and recognized
public organizations or from individuals who are known and who can be traced
and examined.
(ii)
Complaints containing specific and definite allegations involving corruption or
serious misconduct against public servants etc., falling within the ambit of CBI,
which can be verified.
8.7
If any complaint against a Minister or former Minister of the Union Government, or the
Union Territory is received in any Branch, it should be put up to the Director, CBI, for
appropriate orders. The relevant file of the Branch should remain in the personal custody of
SP concerned. In case the complaints are received against members of lower judiciary these
may be forwarded to the Registrar of the High Court concerned and the complaints received
against members of higher judiciary may be forwarded to Registrar General of Supreme
Court through the Joint Director (Policy).
Process of Verification
8.8
The complaints registered for verification, with the approval of the Competent
Authority, would only be subject to secret verification. The SsP and the verification officers
should ensure that the departmental records are examined discreetly, so that secrecy of the
verification is maintained. It is advisable to consult the records informally, by contacting the
concerned CVO/ Head of the Department. During verification of a complaint, written
requisitions should be avoided. In case, it is absolutely necessary to do so, the requisition
must go to the concerned Vigilance Officer under the signature of the SP.
8.9
Secret verification should be completed within three months of the receipt of the
complaint. In complicated matters, a time of four months may be taken with prior permission
of the DIG concerned. To ensure proper monitoring, the DIsG should review all pending
Complaints every month and send a report to the Head Office with their comments on the
complaints pending verification for more than three months.
Action on Complaints received from Head Office
8.10 Complaints received by a DIG, JD, ADCBI, SDCBI or the Director and marked by
them to subordinate officers will be assigned temporary number immediately on their receipt
and entered in the Complaint sub-module. These will be disposed of at the appropriate level
in accordance with the instructions mentioned in the paragraphs above. Specific orders of
the Competent Authority must be obtained for undertaking verification of the complaints
received from the Head Office. Where, a senior officer desires a report on the action taken,
he will specifically indicate it in his endorsement and the same should be complied with
accordingly by the subordinate officers.
Complaints received from CVC
8.11
Whenever any complaint is received from the Central Vigilance Commission for
enquiry under section 8 of the CVC Act, it should be examined on priority. In case the CVC
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has already made a preliminary study of the complaint and has asked CBI to investigate,
there is ordinarily no need to re-verify the complaint. Preliminary verification should be
limited to the instances which are worth verification and where special circumstances exist.
In such cases, the permission of the Competent Authority should be taken at the earliest and
in no case, later than seven days after receipt of the complaint by the Branch SsP. The
relevant facts and circumstances should be reported immediately to the CVC, so that the
latter can take a decision as to whether an open enquiry is to be taken up or not.
8.12 If the CVC requests CBI merely for a report on the complaint, a preliminary report,
without any detailed verification, may be sent to the Commission while mentioning it
specifically in the forwarding letter that no detailed verification has been made verify the
allegations contained in the complaint.
Complaints received from Ministries, Central Government Departments, Public Sector
Undertakings, State Government or Union Territories and Members of Parliament
8.13 Complaints received from Ministries, Central Government Departments, Public Sector
Undertakings, State Governments, Union Territories and Members of Parliament with
request for a CBI probe/investigation should be dealt with promptly. Such a complaint
whether received directly or through the office of DIG or Head Office should be analysed by
the Branch SP immediately with a view to decide whether it contains specific and definite
allegations involving corruption or serious misconduct against public servants etc. which fall
within the ambit of CBI and would require action by CBI. If it meets the above criteria, the
procedure prescribed in paragraphs above for registration and verification of complaint
should be followed. In case the complaint per se reveals a criminal offence fit for registration
of a Regular Case or verification brings out material, which would justify open enquiry/
investigation after registration of a PE or Regular Case the permission of Competent
Authority should be taken for registration. The department should be advised to make
available all the relevant documents along with the complaint. In case, the documents
cannot be made available as it may hamper the functioning of that office, authenticated
copies may be obtained with an undertaking that the original documents would be made
available during the course of investigation.
8.14 In cases, where the MHA, DP & T, Cabinet Secretariat or other Ministries ask for the
comments of CBI on reference received from a private person for a CBI enquiry/investigation
into any case which is already under investigation with the local Police, the concerned
Branch SP should offer his comments by looking into the documents of the State Police
informally. The CBI under no circumstances should call or examine witnesses or collect
documents in original from the local Police in such matters.
Complaints/References from PMO/MHA/DP&T/Cabinet Secretariat/Department of
Personnel/State Governments/ inistries/Union Territories requesting for registration of
cases
8.15 Complaints received from PMO/ MHA/ Cabinet Secretariat/ Department of Personnel/
State Govts./Union Territories/ Ministries in the Branch requesting for registration of a case
should be immediately examined and put up to the Competent Authority for appropriate
orders within seven days.
8.16 Where State Government employees are involved or the matter is beyond jurisdiction
of CBI, the reference may be forwarded to the Head Office with analysis and
recommendation of the officers. Head Office will issue instructions on further course of
action which shall be compiled with by the Branches.
8.17 Where it is not feasible for CBI to register a case the final reply shall be sent to the
concerned quarters only with the approval/ directions of Head Office.
Complaints/References/Orders received from High Courts/Supreme Court
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8.18
On receipt of orders of the Supreme Court/High Court for investigation of a case by
CBI, the SP should immediately inform the Head Office and initiate processing of the
reference as per instructions contained in the Chapter dealing with registration of Preliminary
Enquiries and Regular Cases. However, if any such direction is received from a Lower
Court, it should be referred to the Head Office for further orders.
Orders for Registration of case after Verification of Complaints
8.19 When a case can be registered only on the orders of a DIG or above, the
complaint/verification report along with the recommendation of the SP should be forwarded
to the Regional DIG for further necessary action. Similar action will be taken by the Regional
DIG also, if the Competent Authority to order registration is a Joint Director or above. Case
should be registered within 3 days of the receipt of orders of the Competent Authority.
Complaints on Matters under Scrutiny by a Parliamentary Committee
8.20 Legally, there is nothing to prevent CBI from taking cognizance of any criminal
offence. However, whenever it is intended to register a case for investigation concerning a
matter already under scrutiny by a Parliamentary Committee, it should be done only after
consultation of the Committee through the Head Office.
Anonymous/Pseudonymous Complaints
8.21 No action shall be taken on anonymous and pseudonymous complaints. Such
complaints need not even be sent to the Ministry/Department/ Public Sector Undertaking
concerned by CBI. They should be filed after entry in the complaint register. If there is any
doubt about a signed or pseudonymous complaint an enquiry may be held to the limited
extent to check whether the signature is genuine and whether the signatory admits having
sent the complaint and stands by it. On such a check, if it is found that the signature is
genuine, further action should be taken as on the basis of a genuine /signed complaint.
Otherwise, no further action need be taken. However, information contained in such
complaints may be used as intelligence input for identifying public servants indulging in
corrupt activities as well as in finding areas of corruption in various departments.
Action on Reports appearing in the Press/Media etc.
8.22 Government of India instructions already exist to ensure that immediate notice is
taken by the administrative authorities of allegations appearing in the Press/media on any
matter of significance. A preliminary check may be made quickly to decide if the matter
needs further action by CBI. In case, the subject matter is found actionable, further action
may be taken as prescribed for registered complaints, with the approval of Competent
Authority.
Complaints against CBI officials
8.23 All complaints against CBI officials of any rank, whether signed or anonymous, must
be analysed and brought to the notice of the Competent Authority as prescribed by Policy
Division instructions/circular with specific recommendation of proposed action. The Joint
Director (Policy)/AIG-II may be kept informed of such matters.
Action to be taken on Verification Report
8.24 After initial examination of a complaint the officer entrusted with the verification will
submit his detailed verification report with his specific recommendations as regards its
disposal. The Verifying Officer should invariably mention whether the subject-matter of the
complaint has already been looked into by the Department or its Vigilance Wing and the
action taken thereon. The Superintendents of Police will either pass orders for closing the
complaint, referring it to the department or for registration of Preliminary Enquiry / Regular
Case if it is within his competence. In all other cases he will record his detailed comments
and make specific recommendations for disposal of the complaint and forward it to DIG for
obtaining appropriate orders. Similar action will be taken by DIG also, if Competent Authority
to order registration of a case is a Joint Director or above. The provisions of Section 6A of
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DSPE Act may also be kept in view while making recommendation for registration of
Preliminary Enquiry or a Regular Case.
Acknowledgment of Complaints/Letters
8.25 While it may not be possible to acknowledge receipt of each and every complaint,
once a complaint has been registered for verification, the sender may be intimated, if
deemed appropriate, stating that the same was being looked into and appropriate action
would be taken in the matter. So far as the Government Departments are concerned, they
should be advised of the action being taken by CBI on their communication. When a PE or
RC is registered based on the complaint, a copy thereof shall be endorsed to the individual/
officer who had sent the complaint to CBI. All complaints received from Members of
Parliament should be acknowldedged promptly.
SOURCE INFORMATION REPORTS
Collection of Source Information
8.26 As a part of their duty and in terms of annual programme of work, all Investigating and
Supervisory Officers are required to collect quality information regarding graft, misuse of
official position, possession of disproportionate assets, fraud, embezzlement, serious
economic offences, illegal trading in narcotics and psychotropic substances, counterfeiting of
currency, smuggling of antiques, acts endangering wildlife and environment, cyber crimes,
serious frauds of banking/financial institutions, smuggling of arms & ammunition, forgery of
passports etc. and other matters falling within the purview of CBI and verify the same to
ascertain whether any prima facie material is available to undertake an open probe. While all
CBI officers are free to develop such information through discreet means, the officer
developing any information must keep his superior officer informed regarding information
being developed by him. The immediate superior officer may also keep the Competent
Authority, i.e. DIG/JD/ ADCBI/SDCBI/DCBI informed in case the officer against whom
information is being developed is of a rank against whom only such officer can order
registration of a case.
8.27 The source information once developed must be submitted in writing giving all
available details with specific acts of omissions and commissions and copies of documents
collected discreetly. The internal vigilance enquiries or departmental enquiry reports should
normally not be used as basis for submitting the Source Information. The SP concerned after
satisfying himself that there is prima facie material meriting action by CBI and further
verification is likely to result in registration of a regular case, would order verification if it falls
within his competence. In the cases which are within the competence of higher officers, he
will forward his detailed comments to the DIG and obtain orders from superior officer
competent to order registration. The verification of SIRs must begin only after the Competent
Authority has approved its registration. At this stage a regular SIR number will be assigned
to the SIR which will also be entered in the Source Information sub-module of CRIMES
Module with all other details.
8.28 The SIR may be classified as ‘SECRET’. These files must be maintained by the SP
in his office.
8.29 After registration, verification may be entrusted to an officer other than who has
submitted the SIR. As far as possible, the requisition of records/documents should be
avoided during verification of SIRs. In case, it is absolutely necessary to do so, the
requisition must go to the concerned Vigilance Officer under the signatures of the SP after
obtaining permission from the DIG concerned. It must be ensured that no record/documents
are requisitioned before the Competent Authority has passed orders for registration of an
SIR.
8.30 However, if the Source Information Report is likely to result in laying a trap to catch a
public servant red handed or where surprise check becomes necessary and the time
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available is short, the SP may after keeping the Competent Authority informed take further
steps and submit the file subsequently for regular approval.
8.31 In case, during the course of verification of information, involvement of another
officer(s) of a senior rank is revealed, orders of the competent officer should be obtained to
conduct enquiry against such suspect officer.
8.32 The verification of an SIR must be completed within a period of three months. In case
of delay, the approval of the Competent Authority should be obtained to carry out further
verification beyond the prescribed time-limit.
8.33 After verification, the Verifying Officer should submit his detailed report, wherein it
should be specified whether the allegations of the SIR have been substantiated or not. The
Verifying Officer should invariably mention whether the subject matter of the SIR has already
been looked into by the department or its Vigilance Wing and the action taken thereon. He
would also make specific recommendation whether the matter may be closed, referred to the
department, or a Regular Case or Preliminary Enquiry could be registered for open probe. In
case, the recommendation is for registration of a Regular Case, the names of the individuals
against whom the case could be registered must be clearly mentioned. Sections of law
under which the case is sought to be registered, should be specified. The provision of
Section 6A of DSPE Act may be kept in view while making such recommendations. The SP
may, thereafter, analyse the verification report and issue orders if the individual against
whom the case is to be registered comes within his competence. In other cases he would
record his detailed and specific comments and forward the matter to DIG who may either
pass appropriate orders or forward the file to the Competent Authority through his superiors
for obtaining orders. While processing the matter, the SP must ensure that the same matter
is not being enquired into departmentally and if so, he must make specific recommendation
as to why it is necessary to have a CBI probe in the said matter.
8.34 The Special Unit will also follow the same procedure for developing source
information and undertaking verification of complaints and SIRs. Wherever it is considered
necessary that Special Unit may conduct verification into the complaint assigned to a Branch
or the source information being developed by a Branch, the matter will be put up to the
Director, CBI for appropriate orders.
8.35 Where two or more Branches are involved in verification of similar complaints or
informations, it should be transferred to the Branch having jurisdiction over the place of
occurrence, in order to avoid duplication.
Registration of Cases on the basis of Information furnished by the
Special Unit
8.36 Whenever verified information or complaint is received by the Branch from the Special
Unit, along with a Self Contained Note and orders of the Competent Authority for registration
of PE/RC, the same should be promptly acted upon. However, if it is found by the Branch SP
that the orders of the Competent Authority communicated to the Branch by the Special Unit
require to be amended or modified, he should submit a detailed note recording clear and
cogent reasons, through his DIG for further orders within 15 days. The matter will then be
put up to the DCBI for obtaining revised orders.
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CHAPTER 9
PRELIMINARY ENQUIRIES
PRELIMINARY ENQUIRY
9.1
When, a complaint is received or information is available which may, after verification
as enjoined in this Manual, indicate serious misconduct on the part of a public servant but is
not adequate to justify registration of a regular case under the provisions of Section 154
Cr.P.C., a Preliminary Enquiry may be registered after obtaining approval of the Competent
Authority . Sometimes the High Courts and Supreme Court also entrust matters to Central
Bureau of Investigation for enquiry and submission of report. In such situations also which
may be rare, a ‘Preliminary Enquiry’ may be registered after obtaining orders from the Head
Office. When the verification of a complaint and source information reveals commission of a
prima facie cognizable offence, a Regular Case is to be registered as is enjoined by law. A
PE may be converted into RC as soon as sufficient material becomes available to show that
prima facie there has been commission of a cognizable offence. When information available
is adequate to indicate commission of cognizable offence or its discreet verification leads to
similar conclusion, a Regular Case must be registered instead of a Preliminary Enquiry. It is,
therefore, necessary that the SP must carefully analyse material available at the time of
evaluating the verification report submitted by Verifying Officer so that registration of PE is
not resorted to where a Regular Case can be registered. Where material or information
available clearly indicates that it would be a case of misconduct and not criminal misconduct,
it would be appropriate that the matter is referred to the department at that stage itself by
sending a self-contained note. In such cases, no ‘Preliminary Enquiry’ should be registered.
In cases, involving bank and commercial frauds, a reference may be made to the Advisory
Board for Banking, Commercial & Financial Frauds for advice before taking up a PE in case
it is felt necessary to obtain such advice.
9.2
While proposing registration of a Preliminary Enquiry pertaining to the abuse of official
position by a public servant in the matter of business/commercial decision, the important
difference between a business risk and a mala fide conduct should be kept in mind with view
to ensure that while corrupt public servants are suitably dealt with the bona fide
business/commercial decisions taken by public servants in discharge of their official duties
are not taken up for unnecessary probe.
9.3
Sometimes, the cases of unnatural death are referred to CBI for enquiry. A
Preliminary Enquiry in such cases should be registered and taken up under Section 174
Cr.P.C. to ascertain the cause of death and to decide whether criminal offence is made out
requiring registration of a Regular Case or not.
9.4
Regardless of the amount involved in frauds, CBI may register any case with the
approval of Head Office if it has reasons to believe that it has interstate or international
ramifications and can not be investigated by local Police or where the modus operandi
adopted by the accused is quite different or of a novel type, viz., Cyber Crime etc
9.5
In all petty cases, a report should be sent to the concerned administrative authority for
appropriate action. In any particular case however, when it is felt by the SP of the Branch
that the matter should be enquired into by CBI notwithstanding these instructions it should
be referred to the Head Office. Whenever, in accordance with the above instructions or
otherwise, a decision is taken by any CBI Branch to refuse registration of a case on the
complaint of a Department/Undertaking, a copy of the communication containing such
refusal should be sent to the Regional Office along with the reasons for declining
registration.
Registration of PE against retired Government Servants
9.6
The registration of Preliminary Enquiry against a retired public servant should be
resorted to rarely, even though as per Rule 9(1) of the Central Civil Service Pension Rules,
1972, the President of India reserves to himself the right of withholding pension or gratuity,
Page 79 of 79
or both, either in full or in part, or withdrawing a pension either in full or in part, whether
permanently or for a specified period, and of ordering recovery from pension or gratuity of
the whole or part of any pecuniary loss caused to the Government, if, in any departmental or
judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during
the period of his service, including service rendered upon re-employment after retirement. As
per the provisions of Rule 9(2)(b) of the said Rules, the Departmental proceedings, if not
instituted while the Government Servant was in service, whether before his retirement or
during his re-employment, shall not be instituted in respect of any event, which took place
more than 4 years before such institution. Such proceedings cannot be instituted without the
consent of the President of India. Therefore, the decision to register a PE against retired
Government Servants should be taken at a senior level and after careful examination of all
the facts in the light of the provisions detailed above.
PE Registration Report
9.7
As soon as it is decided to register a PE, the SP will take action to get the PE
Registration Report prepared, which will invariably be vetted by him and in case of important
enquiries even drafted by him. Registration Report of PE should be written in the PE
Registration Report Form and not on the form prescribed for recording First Information
Report under Section 154 Cr.P.C. Beside the allegations in brief, the complete details of the
suspects involved should be recorded in the PE Registration Report. In respect of the public
servants found involved in the matter, their Group, the Service (IAS,IRS,IPS etc.), present
designation, scale of pay, present pay and date of superannuation (if available) should also
be mentioned in the P.E. registration report. The copies of the PE Registration Reports
should be sent to the authorities mentioned in the Annexure 9-A to this chapter
9.8
In cases, wherein more than one suspect is involved in an enquiry, extreme care
should be taken in naming the suspect persons while drafting PE Registration Report. Only
those suspects should be named in the PE Registration Report against whom overt acts are
attributed. Officers of the rank of SP and above should, therefore, thoroughly scrutinize
every draft PE Registration Report from this point of view, and satisfy themselves that
persons against whom no prima facie evidence is available are not named in the PE
Registration Report.
Crime Register for PEs
9.9
A serial number of the Branch shall be allotted to each P.E. Registration Report in the
format prescribed in CRIMES Module or self-generated by the CRIMES Module if the same
is used for preparing the report. The relevant details will be entered in the CRIMES module
immediately thereafter. Wherever the CRIMES Module is not operational, the same may be
entered in the Crime Register of PE. Developments in each PE will be noted in the CRIMES
Module or the relevant columns of the register from time to time
Collection of Documents/ Recording of Statements in PE
9.10 The Preliminary Enquiries relating to allegations of bribery and corruption should be
limited to the scrutiny of records and interrogation of bare minimum persons which may be
necessary to judge whether there is any substance in the allegations which are being
enquired into and whether the case is worth pursuing further or not.
9.11 The required documents/records should be collected under a proper receipt memo.
The statements of witnesses during the Preliminary Enquiries should be recorded in the
same manner as recorded during the investigation of Regular Cases. However, issuance of
notices under section 91 Cr.P.C. and 160 Cr.P.C. shall not be resorted to during PE.
Procedure for Converting a P.E. into an R.C.
9.12 The Preliminary Enquiries will result either in registration of Regular Cases or in
Departmental Action, or referred to the department through a self contained note for such
action, or being closed for want of proof. As soon as sufficient material disclosing the
commission of a cognizable offence is available during the course of Preliminary Enquiry
and it is felt that the outcome of investigation is likely to culminate in prosecution, a Regular
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Case should be registered at the earliest. In cases of Gazetted Officers or Commissioned
Officers or important cases, the Superintendent of Police shall convert the PE into RC after
obtaining orders of the Competent Authority.
9.13 In deciding whether a PE should be converted into an RC or not, the Superintendent
of Police should take into consideration the following points, amongst others, that may be
applicable in each particular case:(a)
Whether it is necessary to do so for other processes of law required in aid of
investigation.
(b)
Whether there is possibility of making out a Court case by further investigation.
9.14 The Superintendents of Police must personally satisfy themselves that if a PE is
converted into an RC, it should result in prosecution. They should exercise due care and
caution in such conversion and avoid hasty or premature action in this regard. Converting a
PE into an RC solely with a view to get the PE out of the list of time-barred cases should not
be resorted to.
Quick Closure of cases of mere Departmental Irregularities
9.15 In some cases, it might become clear, soon after the enquiries are started, that
nothing useful is likely to come out or that the case is really fit for a departmental probe only.
No time should be wasted over such cases and the PEs should be recommended for closure
or for departmental probe, as may be appropriate, as early as possible.
Enquiry Conclusion Reports in PEs
9.16 The enquiries in the PE must be completed within three months from the date of its
registration. The respective DIsG/JDs will monitor all PEs which remain pending for more
than 3 months. At the conclusion of enquiry in every PE, the Investigating Officer will prepare
a Enquiry Conclusion Report in the prescribed form and submit it to the Superintendent of
Police, who will pass final orders in respect of PEs involving non-gazetted public servants
and Non-Commissioned Officers. In appropriate cases, the SP may dispense with
preparation of FR-II by the Law Officers. He shall seek orders from the Regional DIG/Zonal
JD/Head Office, as the case may be, in respect of the cases of other categories by
forwarding Enquiry Reports along with his comments. Final Report in the prescribed form
need not be prepared when a PE is converted into RC.
Sending of Documents in Suitable Action Cases
9.17 In the PEs against NGOs in which “Suitable Action” by the concerned Department is
recommended, the documents collected from the Department to which the suspect public
servant belongs may be sent to the CVO of the concerned Department along with the SP’s
Report, with a detailed list. If some documents have been collected from other departments,
private persons/firms etc., these need not be sent to the CVO along with the SP’s Report
and instead their certified copies should be sent. After the SP’s Report is despatched to the
CVO of the Department concerned, the Branch SP should write a D.O. Letter to the CVO
asking him to let him know specifically within a period of two months from the date of receipt
of the SP’s Report, whether he requires any of the documents collected from other
departments, private persons/firms or whether those may be returned to the
departments/parties from which these were collected. If the SP receives any request from
the CVO, he may examine the same in the interest of the case and act accordingly. If no
reply is received from the CVO concerned within the stipulated time, the original documents
may be returned to the departments/private persons/firms concerned with a request to keep
them in safe custody till the proceedings are concluded.
9.18 In PEs against Gazetted Officers in which only “Suitable Action” is recommended, all
the documents may be kept in the Branch Malkhana till the advice of the CVC is received by
the department and their final decision is known. If the CVC also agrees with the CBI
recommendation for “Suitable Action”, the documents may be sent to the CVO in the manner
laid down in the previous para. After it is known that the documents collected from other
Page 81 of 81
departments, private persons/firms are not required by the CVO, these may be returned to
the departments or parties from which these were collected under intimation to the CVO.
9.19 In cases in which the CVO desires to see the documents collected from other
departments or parties before deciding the nature of administrative action, these may be
shown or sent to him with a detailed list. Soon after these are seen by the CVO and are no
longer required by him, the same may be collected back and returned to the departments or
parties from whom those were collected, under intimation to the CVO.
Procedure Regarding PEs Received from Other Branches for Part Enquiries
9.20 Whenever requests are received from another Branch to make part- enquiries in their
PE within the local limits of the Branch concerned, these should be entered by the latter
Branch in a separate Crime Register of PE and given serial numbers for reference. The SP
receiving such request may get the part- enquiry done at the earliest and froward the report
to the SP concerned as early as possible.
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ANNEXURE 9-A
PE REGISTRATION REPORTS, TO WHOM SENT
Copies of the PE Registration Report should be sent by the Branch immediately after registration to the
following, in confidential covers addressed by name. Each copy of the Registration Report should contain
indication of the endorsements made to all others concerned. All copies should be clean and legible. If need be,
further copies be made through photocopy process.
A:
(i)
Joint Director of the respective Zone.
(ii)
DIG of the concerned Zone/Region.
(iii)
Director, Administrative Vigilance Division, Department of Personnel in the following types of cases
only:–
(iv)
(v)
(vi)
(a)
Officers of whom the Department of Personnel is the controlling authority;
(b)
Gazetted or Commissioned Officers of the Central Government removable by the
President;
(c)
Members of Parliament
(d)
Other important persons.
CVC in the following types of cases:–
(a)
Cases referred by the CVC to CBI;
(b)
Cases against Gazetted Officers, Commissioned Officers, even when on deputation to
Public Undertaking;
(c)
Other Officers in respect of whom CVC advice is required.
Ministries and Departments concerned as under:–
(a)
Head of the Department concerned -- Cases involving Non-Gazetted Officers.
(b)
CVO of the Ministry concerned/ Head of the Department --Cases involving Gazetted
Officers
CVO of the Banking Division, Ministry of Finance/CVO of the concerned Ministry in respect of other
PSUs:
Cases involving CMDs of the Bank/PSUs
(vii)
Chief Vigilance Officer concerned as under:
(a)
Cases involving Bank employees,
(b)
Cases involving other PSUs.
B:
Copies of PE Registration Report involving Commissioned & Civilian Gazetted Officers of the Defence
Forces should be endorsed to the following authorities:-(a)
(b)
Cases involving Commissioned/Gazetted Officers (Civilian):
(i)
HQ of Command concerned,
(ii)
HQ of Formation concerned,
(iii)
Adjutant General’s Branch, Army HQ, New Delhi.
(iv)
CVO of the Ministry of Defence.
Cases involving Non-Commissioned/ Non-Gazetted Officers (Civilian).
(i)
HQ of Command concerned.
(ii)
HQ of Formation concerned.
A copy of the PE Registration Report in all cases involving M.E.S. Officers (both Gazetted and NonGazetted) should be endorsed to the Engineer-in-Chief, Army Hqrs., DHQ, P.O., New Delhi-110 010.
PE Registration Reports regarding cases against employees of Border Roads Organization may be
endorsed to the following authorities:–
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(i)
Cases involving Gazetted Officers:
Chief Vigilance Officer,
Border Roads Development Board,
th
B. Wing, 4 Floor,Sena Bhawan,
New Delhi-110 011.
(ii) Cases involving Non-Gazetted Officers:
Director-General,
Border Roads, Seema Sarak Bhawan, Naraina,
Ring Road,
New Delhi.
C:
In case the suspect/accused person is a State Government employee, on deputation to the Central
Government, an extra copy of the PE Registration Report should be sent to the Ministry/Department and a
request should be made to send a copy of the PE Registration Report to the State Government concerned for
their information.
Copies of the PE Registration Report in respect of cases against officers belonging to All India Services
serving in the States may also be sent to the Department of Personnel, and the Central Vigilance Commission,
New Delhi for information.
D:
In case of a PE Registered on the orders of Hon’ble Supreme Court/High Courts, copy of the PE
Registration Reports be also endorsed to the Registrar of the said Court.
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Page 84 of 84
CHAPTER 10
REGULAR CASES
Registration and First Information Report
10.1 On receipt of a complaint or after verification of an information or on completion of a
Preliminary Enquiry taken up by CBI if it is revealed that prima facie a cognizable offence
has been committed and the matter is fit for investigation to be undertaken by Central
Bureau of Investigation, a First Information Report should be recorded under Section 154
Criminal Procedure Code and investigation taken up. While considering registration of an
FIR, it should be ensured that at least the main offence/s have been notified under Section 3
of the Delhi Special Police Establishment Act. The registration of First Information Report
may also be done on the direction of Constitutional Courts, in which case it is not necessary
for the offence to have been notified for investigation by DSPE. The FIRs under investigation
with local Police or any other law enforcement authority may also be taken over for further
investigation either on the request of the State Government concerned or the Central
Government or on the direction of a Constitutional Court. As the resources of CBI are
limited, administrative arrangements have been worked out vis-à-vis local Police as detailed
in this Manual and Policy Division instructions as regards registration of cases. The
guidelines regarding the type of petty cases, which should normally not be taken up for
investigation, are also mentioned in the Manual and instructions of the Policy Division.
10.2 While registering the FIR, the legal requirements of section 154 Cr.P.C. should be
fully complied with. If the information is given orally, it shall be reduced into writing verbatim
and shall include the answers to any question put to the informant. If a written complaint is
received, an exact copy must be reproduced in the FIR. Every such information, whether
reduced into writing or given in writing, which forms basis of the FIR, shall be signed by the
person giving it. In case, the person is illiterate, his thumb impression will have to be
secured. The refusal to sign or give thumb impression, as the case may be, on the First
Information Report is an offence under Section 180 IPC
10.3 In case, it has been decided, with the approval of the Competent Authority, to register
a FIR after conclusion of a Preliminary Enquiry, which might have been taken up on receipt
of a complaint, the information originally received along with the summary of conclusions
arrived at after completion of the PE should be incorporated in the body of the First
Information Report. In such cases, it may not be necessary to obtain the signature of the
original complainant. The FIR could be registered on the complaint of the Enquiry Officer,
who conducted enquiry into the PE. In such cases, the investigation of the FIR may be
entrusted to another Investigating Officer.
10.4 In case of decision to register a case after verification of source information, the FIR
may be drafted in concise but comprehensive manner and must contain all details, which
prima facie indicate commission of the specific cognizable offence(s) by the accused, or
each accused, in case there are more than one. Due care must be taken while drafting the
FIR and naming the accused persons. Names of only those persons should be mentioned in
the FIR against whom prima facie material indicating their complicity in the offences is
disclosed in the text of the FIR. The draft of the FIR must be thoroughly vetted by the
Superintendent of Police. In important matters, even DIG may see the draft of the proposed
FIR and approve it before registration. They may take assistance of Law Officers, where
considered necessary.
10.5 In case of investigation being transferred to the DSPE by the local Police or any other
law enforcement authority, the original First Information Report registered by them may be
reproduced with all its details such as FIR number, date of registration, name of the Police
Station, sections of law etc. Neither the contents nor the sections of law under which the
case was originally registered may be changed. It must be remembered that it would not be
Page 85 of 85
treated as fresh FIR but a new number as per prevalent scheme of DSPE may be assigned
for the purpose of maintaining uniformity in record keeping in CBI.
10.6 If a case is required to be registered under the Prevention of Corruption Act 1988
against an officer of the rank of Joint Secretary and above or a Government appointee in the
Central Public Sector Undertakings, prior permission of the Government should be taken
before enquiry/investigation as required under Section 6-A of the DSPE Act except the case
under Section 7 of the P C Act wherein the registration is followed by immediate arrest of the
accused. In case, involvement of another Government servant of the above-mentioned
rank(s) is revealed during the course of investigation, a fresh permission as required under
Section 6-A of the DSPE Act, which should be obtained at the earliest. The permission so
obtained should form an integral part of the FIR or the Case Diary, as the case may be.
10.7 It may be mentioned that, as per Hon’ble Supreme Court decision in SP Jaipur v.
State of Rajasthan [JT2001(1)SC624], the lower Courts, can not entrust any matter/ FIR for
investigation or enquiry to DSPE. In case, any lower Court passes such an order, the same
should be challenged in the appropriate Court after obtaining approval of the Head Office.
10.8 As per provisions under Section 154 (2) Cr.P.C., a copy of the FIR shall be provided
to the informant. If, however, it is not intended to divulge the name of the informant, only
“Source” should be written against the relevant column of the FIR.
10.9 The operative part of the FIR as well as the endorsement part should be signed by the
SP of the Branch or by the officer looking after his work, when the SP is on tour or leave and
the FIR should be forwarded to the Court/authorities mentioned in the Annexure 10-B of this
chapter.
10.10 In case of registration of FIR under Section 13(1)(e) of the Prevention of Corruption
Act,1988, if the SP does not intend to investigate the case himself, he should simultaneously
issue an order under Section 17 of the P.C. Act, 1988 authorizing the Investigating Officer to
conduct investigation in the case. The SP must issue an order for registration of FIR and
investigation as per stipulation under Section 17 of P.C.Act, 1988 on the date of registration
of the case. The I.O. should refer to this order in the first Case Diary itself.
10.11 While registering FIR pertaining to the abuse of official position by a public servant
relating to the Government business/commercial decisions, the important difference between
a business risk and mala fide criminal misconduct should be kept in mind with a view to
ensure that while the corrupt public servants are suitably dealt with under the relevant laws,
the bona fide Government business/commercial decisions taken by public servants in
discharge of their official duties are not taken up for unnecessary probe by CBI
10.12 In case a Regular Case is registered on a complaint given by the officer who
conducted the Preliminary Enquiry, the investigation must be entrusted to another officer.
While taking a decision in this regard, it may be kept in mind that in certain circumstances
the investigation could be completed early if it is given to the same officer. However, in
cases registered under Section 7 of Prevention of Corruption Act, wherein a trap has been
laid, an officer other than the officer, who laid the trap, should conduct investigation.
10.13 In the cases registered on complaints received from a Ministry/Department/individual,
the forwarding letter enclosing the copy of FIR meant for the Head Office must invariably
mention that the case has been registered in consequence of a complaint from a particular
Ministry/Department/ individual, giving details of reference number and date etc.
10.14 When an officer of CBI, not below the rank of a Sub-Inspector, while on tour within the
limits of his Branch, receives credible information or complaint of the commission of a
cognizable offence which the DSPE is authorized to investigate, he should record the same
accurately as informed and transmit it to the SP of his Branch by quickest available means of
communication for further necessary action. Whenever necessary, he should take adequate
steps to preserve evidence or even take initial steps of investigation with the permission of
the Branch SP.
Page 86 of 86
10.15 Care should be taken to see that the FIR contains, as far as possible, full name along
with father’s name and other particulars of the accused such as age, place of residence and
occupation, the scale of pay/group to which he belongs/date of superannuation, if he is a
Government servant. The time and date of commission of the offence, the place of
commission of the offence, the manner in which the offence was committed, full names and
particulars of the witnesses, the motive alleged by the complainant for commission of the
offence and, in cases involving property, the details of property involved such as weight,
make, design, distinguishing marks, etc. which may assist in its identification. In cases where
the names of accused, or any of them, are not known, the complainant should be called
upon to give description of the accused, which should be recorded along with the rest of the
information.
10.16 In trap cases under Sections 7 and 13 of the P.C. Act, 1988, the FIR should be
registered as soon as a bona fide complaint/information is received attracting the provisions
of Sections 7 and 13 of the P.C. Act, 1988. After the trap materializes, investigation should
continue under the same case number. If the offence is to be investigated by an officer of a
rank, who cannot investigate the case without permission from a Magistrate, as
contemplated under Section 17 of the P.C. Act of 1988, it will be necessary for the
Investigating Officer to obtain requisite permission, from the Court soon after the case is
registered. In case, the trap materializes, it will be necessary for the Investigating Officer, if
he is below the rank specified in Section 17 of the P.C. Act of 1988, to report the
developments to the Magistrate and obtain further permission for investigation of the offence
of obtaining gratification other than legal remuneration punishable under Sections 7 and 13
of the P.C. Act, 1988 and of criminal misconduct punishable under Section 13(1)(d) read
with Section 13(2) of the P.C. Act, 1988.
10.17 On receipt of an order of the Supreme Court/High Court entrusting a case to CBI, the
Branch SP should immediately inform his DIG/JD and send a copy of the same to the
DIG/JD without any delay. If the matter pertains to the functional jurisdiction of the Branch
under his charge, the JD shall obtain orders of the DCBI through the Additional Director/
Special Director concerned for registration of the case. In case, the matter pertains to
another Division, the DIG/JD will forward the order of the Court to the concerned Joint
Director having jurisdiction for further necessary action. In urgent cases, a copy of the same
may be faxed by the SP to the Joint Director concerned under intimation to his DIG/Joint
Director. The Policy Division Circular No. 21/34/96-PD, dated 19-6-2002 prescribes the
follow-up action to be taken in respect of such cases
10.18 In case of transfer of case from State Police or any other Law Enforcement Agency to
the DSPE, the evidence or material collected during investigation by the concerned agency
should be collected and analysed before taking up further investigation. The Case Diaries,
including the statements of witnesses, details of places searched along with seizure
memorandum, material objects/documents seized and/or sent to Forensic/Expert
examination and their reports must be collected. The details regarding persons arrested and
their current status must be gathered. It is also important to ascertain the details of
petition(s) filed and orders of the Court, if any, passed during the course of investigation by
the said agency.
10.19 The provision under Section 468 Cr.P.C., which prescribes the period of limitation for
different category of offences, should be kept in mind while dealing with Regular Cases. As
per provisions of this section, no Court shall take cognizance of an offence of the category
specified in sub-section 2 after the expiry of the period of limitation. The period of limitation
for different category of offences laid down in sub-section 2 are as under:
Page 87 of 87
(a)
Six months, if the offence is punishable with fine only.
(b) One year, if the offence is punishable with imprisonment for a term not
exceeding one year.
(c) Three years, if the offence is punishable with imprisonment for a term
exceeding one year but not exceeding three years
Closure of an FIR
10.20 Unless the investigation of a case is transferred to another Branch or to the local
Police, no RC can be finally closed without the orders of the Magistrate or Special Judge
having jurisdiction. In such cases the SP incharge of the Branch shall send the Final Report
under Section 173 Cr.PC with necessary papers to the Magistrate or Special Judge having
jurisdiction for orders to close the case.
10.21 In respect of cases registered under Section 25 (1) read with Section 3(1) of the
Antiquities and Art Treasures Act (No. 52 of 1972), no case will be registered in respect of
any alleged antiquities till the opinion of the competent officer of the Archaeological Survey
of India has been obtained on the point whether the items seized from the suspect were
antiquities or not.
10.22 In any particular case of the categories mentioned above, if it is felt by the SP of the
Branch that the matter should be enquired into by CBI notwithstanding the instructions
mentioned above it should be referred to the Head Office for orders. Whenever, in
accordance with the above instructions or otherwise, a decision is taken by any CBI Branch
to refuse registration of a case on the complaint of a Department/Undertaking, a copy of the
communication containing such refusal should be sent to the Regional Office along with the
reasons for declining registration
Crime Register of RCs
10.23 Details pertaining to all Regular Cases and details of investigation will be entered in
the CRIMES Module and/or in the Crime Register of the Branch. Care shall be taken to see
that the entries in this Module are duly validated. It will be the responsibility of the Branch SP
to ensure that the data entered in the CRIMES Module and/or in Crimes Register are made
correctly. Similar records may also be maintained in the office of the DIG and the Joint
Director.
10.24 Similar records may be maintained in CRIMES Module or a separate Crime Register
in serial order for the requests for part investigation received from the other Branches of CBI.
Regular Case diaries should be written by the I.O. concerned showing the result of
investigation in such part investigations also. Two copies of the same should be sent to the
concerned Branch and one copy on plain paper may be retained by the I.O. for record.
10.25 While the CRIMES Module has the facility to provide on-line Information about all
Regular Cases to the regional and zonal offices, a Crime Register may be maintained till the
system is fully functional.
Maintenance of Running Note-sheet
10.26 The Superintendent of Police or any other officer supervising a case shall maintain in
the running note-sheet form, a brief record of the progress of investigation as disclosed from
the Case Diaries and of the orders or directions issued while supervising the investigation. It
will also incorporate the result of investigation, subsequent action, and final disposal of each
case. Such running notes should not be maintained in a routine and mechanical manner. It
should record the perception of the Branch SP in respect of the evidence gathered and
further course of investigation.
Proposals for Searches
Page 88 of 88
10.27 All proposals for searches, which require permission of the Regional DIG or Head
Office, should be preferably written in hand/typed by the Officer himself and sent in ‘secret’
name covers to the officer concerned. The proposals may be sent by the means which are
completely secure so that secrecy is maintained. It shall be the responsibility of the sender to
ensure secrecy thereof. For details, the chapter on Searches and Seizure may be referred.
10.28 After completion of investigation, the FR-I shall be prepared by the I.O. The Law
Officer will give his recommendation through the FR-II. The Superintendent of Police would,
thereafter, either pass final orders in respect of the cases within his competence or obtain
orders from the Competent Authority by sending his recomendations to the DIG concerned.
After receipt of orders of the Competent Authority, if it is decided to prosecute the accused,
necessary sanction for prosecution u/s 19 of the P.C. Act,1988 and Section. 197 Cr. P.C., as
the case may be, if any required, may be obtained by the Branch SP by sending a SPs
Report and the relevant records to the Competent Authority. On receipt of the sanction, the
Investigating Officer will prepare a self-contained draft charge-sheet giving details of
investigation conducted and evidence/charges against each accused person in respect of
each allegation(s). The said draft charge sheet shall be vetted by the Law Officer of the
Branch and the Branch SP and also by the DIG in important cases and would, thereafter, be
finalized and signed by the I.O. and forwarded to the Court by the SP along with the
statements of listed witnesses and original relied-upon documents/articles and the sanction
for prosecution, under Sction 173 Cr.PC. In cases where the sanction for prosecution is not
required, the I.O. will proceed with the preparation of the draft carge-sheet soon after receipt
of the orders from the Competent Authority and will take other necessary actions as
mentioned in this Manual and the instructions issued from time to time.
10.29 The directions contained in the Chapter of this Manual, which relate to Preliminary
Enquiries, will also apply mutatis mutandis to the relevant areas of Regular Cases registered
in the Branch.
10.30 The provisions of the Cr.P.C. shall be fully complied with by the Branches at all stages
in the registration and investigation of RCs. A communication under Section 173(2)(ii)
Cr.P.C. shall be sent to the complainant informing him whether the case has been
chargesheeted in the Court or not after completion of the investigation.
10.31 In cases where it has been decided not to prosecute any person but to refer the case
for Regular Departmental Action, a SP’s Report will be forwarded to the Competent
Authority, making necessary recommendations and therafter a report under section 173
Cr.P.C. shall be submitted to the Court concerned stating that the case has been closed on
the grounds that may be applicable. These grounds should be based on facts emerging from
investigation. In the report under Section 173 Cr.P.C. it should be clarified that disciplinary
proceedings have been recommended against the accused. The case property seized
during such investigation, should be disposed of by the investigating agency after obtaining
necessary permission from the Court.
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Page 89 of 89
ANNEXURE 10- A
GUIDELINES FOR REGISTRATION OF PRELIMINARY ENQUIRIES AND
REGULAR CASES–PETTY CASES TO BE AVOIDED
Cases of the following types shall not be registered, except where there are special reasons warranting a
CBI Enquiry/ Investigation:–
(i)
Cases relating to Railway Claims, movements or delivery of consignments without Railway
Receipts etc. except when bribe is involved and a trap can be laid.
(ii)
Cases relating to minor thefts or loss of stores or temporary misappropriation.
(iii)
Cases relating to promotions or similar departmental matters where no element of corruption is
involved.
(iv)
Cases relating to misuse of Railway Passes or obtaining passes on false pretexts.
(v)
Cases relating to Life Insurance involving non-medical test or non-accounting of premia, unless
the amount involved is very large or there are a number of instances over a prolonged period.
(vi)
Cases relating to false T.A. including LTC unless false claims of this nature have been preferred
repeatedly.
(vii)
Cases (covered by CBI Charter) registered and investigated by Local Police unless these deal
with serious criminal misconduct on the part of senior officers and these are handed over very
soon after registration.
(viii)
Cases relating to departmental irregularities where the department itself is conducting an enquiry
or taking necessary action against the delinquent.
(ix)
Cases relating to misuse of Staff cars or Government vehicles or orderlies unless such misuse is
extensive or repeated.
(x)
Cases relating to shortage of stores unless stores found short are of considerable value, i.e. Rs.
25 lac and above and a criminal offence is suspected.
(xi)
Cases relating to recommendations in favour of a firm when no mala fides are involved.
(xii)
Cases relating to failure to report property or monetary transactions or similar violations of conduct
rules.
(xiii)
Cases relating to the issues of certificates to Passport applicants without knowing them but not
involving mala fides.
(xiv) Cases relating to shortage or losses where it is not possible to fix responsibility due to defects in
procedure.
(xv)
Cases relating to acceptance of contributions for any religions or social purposes, when the
contributors have no official dealings with the officer concerned.
(xvi) Cases relating to negligence due to which the loss caused to Government is less than Rs.25 lac.
(xvii) Cases relating to acceptance of below specification work when the loss caused is small and no
mala fides are involved.
(xviii) Cases of Public Sector Undertakings (other than Nationalized Banks) relating to fraud,
misappropriation etc. below Rs. 25 lac.
(xix) Cases pertaining to Nationalized Banks, even on specific complaints from the banks, relating to
frauds, misappropriation etc. below Rs. 25 lacs, which may not involve bank employees or bank
employees in collusion with private persons.
(xx)
Cases of Nationalized Banks relating to frauds etc. committed by private persons/companies
unless these involve
(i)
amount of Rs.50 lac or more;
(ii)
inter-national and/or interstate ramifications or
(iii) frauds against several banks.
(xxi) Furnishing or alteration of date of birth in service records except where it can be established that
the suspect had deliberately furnished false date of birth or altered the date of birth for deriving
some specific advantage like eligibility etc.
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(xxii) Allegations which have been the subject-matter of audit objections unless there is reliable
Information to indicate corruption or mala fides.
(xxiii) False declaration of caste, at the time of appointment unless it is for All-India Services or Groups
‘A’ or ‘B’ Services.
(xxiv) False claims relating to Leave Travel Concession or Children Education Allowance.
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Page 91 of 91
ANNEXURE 10-B
FIRST INFORMTION REPORTS–TO WHOM SENT
*Copies of the FIR should be sent immediately after registration to the jurisdictional Magistrate or Judge,
as the case may be, and to the Investigating Officer. Besides this, the legible copies of the FIR should also be
also sent to the following, in confidential covers, addressed by name:–
(i)
Regional DIG
(ii)
Zonal JD
(iii)
Director (Vigilance), Department of Personnel and Training, North Block, New Delhi, only if the
accused are:
(iv)
(a)
Officers of whom the Department of Personnel is the controlling authority.
(b)
Gazetted or Commissioned Officers of the Central Government removable by the
President;
(c)
Members of Parliament
CVC in the following types of cases:–
(a)
(b)
(c)
(v)
Cases referred by the CVC to the CBI
Cases against Gazetted Officers, Commissioned Officers even when on deputation with
Public Sector Undertakings.
Officers of Public Sector Undertakings in respect of whom CVC advice is necessary.
Ministries and Departments concerned in respect of following cases:–
(a)
(b)
Cases involving Non-Gazetted Officers, Head of the Ministry/ Department concerned, as the
case may be.
Cases involving Gazetted Officers:.
(i) CVO of the Ministry concerned.
(ii) Head of the Department
*Copies of the FIR in CBI cases involving Commissioned and Civilian Gazetted Officers of the Defence
Forces should be endorsed to following authorities:–
(a)
Cases involving Commissioned/ Gazetted Officers(Civilian):
(i)
HQ of Command concerned.
(ii) HQ of Formation concerned.
(iii) AG’s Branch.
(iv) CVO of the Ministry of Defence.
(b)
Cases involving Non-Commissioned/Non-Gazetted officers (Civilian):
(i)
HQ of Command concerned.
(ii) HQ of Formation concerned.
*A copy of the First Information Report in all cases involving M.E.S. Officers (both Gazetted and NonGazetted) should be endorsed to the Engineer-in-Chief, Army Hqrs., DHQ P.O., New Delhi-110 011.
*First Information Reports regarding cases against employees of Border Roads Organization should be
endorsed to the following authorities:–
(i)
Cases involving Gazetted Officers:
Chief Vigilance Officer,
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Border Roads Development Board,
th
‘B’ Wing, 4 Floor, Sena Bhawan,
New Delhi-110 011.
(ii)
Cases involving Non-Gazetted Officers:
Director-General,
Border Roads, Seema Sarak Bhawan,
Naraina, Ring Road,
New Delhi.
*In case the suspect/accused person is a State Government employee, a copy of the FIR should be sent
to the Head of Department/Secretary of the State Government concerned.
*Copies of the FIR in respect of cases against officers belonging to All-India Services serving in the State
should also be sent to the Central Vigilance Commission, New Delhi, and the Department of Personnel,
Government of India, for information in addition to the Chief Secretary of the State Government concerned.
*Copies of FIR involving Bank employees should be endorsed to the CVO of the concerned Bank, by
name. If, however, the CMD of the bank is himself named as an accused in the FIR, copy of the FIR should not
be sent to the CVO of the Bank and instead, it should be sent to the CVO of the Banking Division, Ministry of
Finance
*Likewise, copies of the FIR involving employees of Public Sector Undertakings (PSU), Government of
India should be endorsed to the CVO of the concerned PSU, by name. However, if the CMD of the PSU is
himself named as an accused in the FIR, copy of the FIR should not be sent to the CVO of the concerned PSU
and instead, it should be sent to the CVO of the concerned administrative Ministry.
*In respect of cases registered on the orders of High Court/Supreme Court, a copy of FIR be also
endorsed to the Registrar of the concerned Court.
_______
* Each copy of the First Information Report should contain the indication of endorsements made to the other
authorities.
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CHAPTER 11
CASE DIARIES AND PROGRESS REPORTS
CASE DIARIES
11.1 Under the provision of Section 172 Cr.P.C. every Police Officer conducting
investigation shall maintain a record of investigation done on each day in a Case Diary in the
prescribed Form. Case Diaries are important record of investigation carried out by an
Investigating Officer. Any Court may send for the Case Diaries of a case under inquiry or trial
in such Court and may use such diaries, not as evidence in the case, but to aid it in such
inquiry or trial.
Facts to be incorporated in Case Diaries
11.2 The Case Diary, which is a record of day by day investigation of a case, shall contain
details of the time at which the information reached the Investigating Officer, time at which
the investigation began and was closed, the place or places visited by him and a statement
of the facts and circumstances ascertained through investigation.
11.3 Case Diaries should contain only particulars of actual steps taken or progress made
in the investigation and such details of investigation which have bearing on the case.
Addresses, both present and permanent of the witnesses and all other relevant details
should be invariably recorded in the Case Diaries. The following shall not be incorporated in
the Case Diaries:
(i)
Opinion of Investigating Officer, opinion of the Supervisory Officers and Law
Officers
(ii)
Any conflict of opinion between I.O., Law Officers, SP, DIG and Head Office.
(iii)
Recommendations made in concluding report of the I.O., comments of Law
Officer(s) and Supervisory Officers.
(iv)
Any other facts/circumstances not relating to investigation of the case.
11.4 Every Investigating Officer, to whom part investigation of a case is entrusted, will also
maintain a Case Diary for the investigation made by him. This may be called ‘Supplementary
Case Diary’ (SCD). SCDs will be taken on record by the Chief I.O., who may incorporate the
gist of important facts disclosed in such investigation in his own CD for the date when the
SCD is received by him. It is important that SCD must be submitted without any delay. A
copy of the CD submitted by I.O./Chief I.O. to the Superintendent of Police would invariably
enclose the SCDs received by him.
Writing of Last Case Diary
11.5 On receipt of the orders of the Competent Authority after completion of investigation,
the last Case Diary in every case shall be as mentioned below:
(i)
In cases, in which charge-sheet is to be submitted to the Court, the last CD
would be written on the date of filing the charge-sheet. If, however,
investigation is continued under Section 173(8) Cr.P.C. on the same allegation
or on other allegations, then Case Diaries would continue to be written till such
investigation is completed.
(ii)
For cases, in which prosecution is not launched, the last Case Diary would be
written on the date when the competent Court passes the closure order on the
Final Report under Section 173 Cr.P.C.
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Case Diaries to be numbered and dated
11.6 All Case Diaries prepared in a case should bear consecutive numbers and shall be
dated. The functionality of CRIMES Module can also be used, wherever possible, to type out
the Case Diaries on the same day. Pre-printed stationary is available for this purpose. There
shall be a separate case diary for each date, prepared in duplicate, one copy of which will be
retained by the I.O. in the case file, and the other copy will be forwarded to the
Superintendent of Police, to be securitized by him and retained in the office file. Both copies
of the case diaries shall include all the relevant enclosures, viz. copies of statements of
witnesses, seizure memos, search lists etc., but may not include the day-to-day
correspondence taken up by the I.O. with various offices/agencies/ individuals.
Scrutiny of Case Diaries
11.7 Investigating Officers should submit their Case Diaries for each day of investigation
to the Superintendent of Police of the Branch concerned and the latter shall scrutinize the
Case Diaries and issue instructions for further investigation. The Case Diaries and other
documents enclosed thereto may be used for preparing periodical Progress Reports. The
Case Diary must be written on the day of investigation. SP would record a gist of its contents
in the running note sheet. These need not be forwarded to the Head Office, unless specially
called for.
Safe Custody of Case Diaries
11.8
In the normal course, the custody of the office file of case diaries after scrutiny by the
Superintendent of Police/Supervisory Officer will remain with the Officer entrusted with such
responsibility who shall store these in a secure/safe place. The original Case Diaries will remain
with the Investigating Officer till the stage of final decision in the case is reached. In case of
transfer of investigation to any other Officer due to any exigency these will be handed over
promptly under acknowledgement to the new Investigating Officer. The movement of Case
Diary file on transfer of the case to another Officer or to the Prosecutor etc. should be kept by
the Officer entrusted with such responsibility under proper acknowledgement.
Progress Report when to be sent
11.9
Progress Report (PR) is an important monitoring tool for Supervisory Officers which provide
them an opportunity to assess the progress made in the investigation and to issue necessary
direction(s) in the ongoing investigation. Progress Report on the ongoing enquiry/ investigation
should be sent to the DIG in all PEs and RCs which are registered after obtaining orders of the
DIG or the Head Office. In the cases, which have been registered with the approval of Joint
Director and above, the DIsG will forward the PRs to the Joint Directors with their comments
and directions issued to the Superintendent of Police. Besides the above, where specific
instructions are issued or where investigation continues beyond one year, in any case, the
Progress Report would be sent to the DIG. The DIG would forward the PRs. to the Joint
Director with his specific comments and directions given to the Superintendent of Police, if the
investigation continues beyond one year. The Joint Director or the Head Office may call for PRs
in any case and at any time.
11.10 In all PEs and RCs, as referred to in para 11.9, the first Progress Report should be
sent to the DIG after a fortnight from the date of registration of the case and subsequent
fortnightly Progress Reports in PEs and monthly Progress Reports in RCs till the finalization
of the enquiry/investigation. The frequency of Progress Reports can not be minimized and
may be increased with specific orders of the Head Office. The SP is required to send the
Progress Report on the due date even if there has been no progress in the investigation
during the intervening period. In case of delay in submission of the progress report for more
than seven days, the SP is required to explain the reason for delay. An index of dates on
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which the Progress Reports are submitted by a Branch shall be maintained in each PE/RC
file in the office of the DIG/Joint Director for which the relevant functionality of CRIMES
module could be made use of. If a progress Report becomes overdue by seven days, the
DIG should send a reminder to the Branch. The office of Joint Director would also monitor
the timely receipt of Progress Reports.
Preparation of PRs
11.11 The Progress Reports have to be prepared by the Superintendent of Police himself
on the basis of the Case Diaries submitted by the I.O. and scrutiny of documents/material
seized by him. Progress Reports should be serially numbered and prepared in the
prescribed format given in Annexure 11-A.
11.12 The relevant CRIMES Module may be used for preparing and transmitting the
Progress Reports and instructions issued thereon by various Officers.
11.13 The first Progress Report shall indicate the specific allegation(s) made in the
registration report or First Information Report on which the enquiries/investigation are to be
conducted. It will incorporate the plan of action as approved by the SP and the time schedule
to complete the enquiry/ investigation. As prescribed in the proforma, the subsequent PRs
would contain the allegation in brief and report the results and developments in the
investigation vis-à-vis each allegation. The gist of evidence collected by the examining
witnesses (including the opinion of the Government Examiner of Questioned Documents or
some other Technical Expert) and gathered by way of documents seized may also be
mentioned for appreciating the developments in enquiry/investigation. Each PR must contain
the gist of enquiry/investigation conducted and enclose a chronological statement of
important developments in the investigation till date. Apart from summarizing the evidence
on each allegation the PR should make mention of discovery of new facts or evidence
collected during the period under review and reflect the appreciation and supervision
exercised by the SP. The SP is required to record his instructions in specific terms to set out
a definite road map for further enquiry/investigation. Routine and vague instructions must be
avoided. The reason for delay and important points on which enquiry /investigation remains
to be completed must be pointed out. In case any fresh allegations arise, which may fall
within the ambit of the ongoing enquiry or investigation or some new persons are suspected,
these should be specifically mentioned in the Progress Reports. In case, any difficulty is
encountered during the enquiry/ investigation a specific mention of the same and the steps
taken to overcome that, should be made in the PR.
11.14 The DIsG are to forward the PRs to the Joint Directors with their specific comments
briefly indicating the progress made in enquiry/investigation and whether it is proceeding on
right lines. They may also record their observations on the speed of investigation and the
reasons for delay, if any. The copy of instructions, which must be specific in nature, issued
by them to the SsP and the IOs must be enclosed with their forwarding note to the Joint
Director.
PROGRESS REPORT IN DISPROPORTIONATE ASSETS CASES
11.15 In the Progress Reports of cases of the disproportionate assets, the SsP should
furnish the details such as savings at the beginning of check period, progressive calculation
of income, expenditure, likely savings and assets computed based on the investigation
conducted till the date of PR. These statements should commence from the second
Progress Report and in any case not later than fourth PR onwards. These details could be
summarized in the following statements: –
(a)
‘Statement A’ should contain details of movable and immovable assets at the
beginning of the check period with dates of their acquisition. These would
broadly include cash balance, bank balance, jewellery, household effects and
other movable and immovable properties.
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(b)
‘Statement B’ should contain the details of verified moveable and immovable
assets acquired by the public servant either in his name or held on his behalf,
during the check period. The value of assets should be based on the purchase
price, supported by documentary or other credible evidence, at the time of their
acquisition.
(c)
‘Statement C’ will contain the progressive total income during the check period.
This statement may contain figures in respect of income under different heads,
e.g.; pay and allowances, rental income; income from interest, loans and
advances, dividends etc., If necessary, schedules may be prepared and
attached to the statement incorporating details under each head of income.
(d)
‘Statement D’ will contain Progressive expenditure during the check period.
Statement C (−) D will provide the likely savings during the check period.
PRs to be sent till completion of Investigation
11.16 The Branches should continue to send Progress Reports as long as the
enquiries/investigation continue and until the case is actually charge-sheeted or closed by
way of filing a closure report in the Court or referred to the Department, through a prescribed
report for Departmental Action or Action as deemed appropriate.
Number of copies of PRs:
11.17 The PRs should be sent in duplicate to the Regional DIG in cases in which final
orders are to be passed by an Officer of the rank of Joint Director or above. The original
would be forwarded by the Regional DIG to the Head office, with a copy of his comments
and instructions issued to the Superintendent of Police and Investigating Officer. In case of
Central Units, based at Delhi, the PR would be put in a proper file and submitted to senior
Officers.
______
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ANNEXURE 11-A
FORMAT FOR THE PROGRESS REPORT
1.
PE/RC No.
2.
Date of Registration:
3.
Section of Law (in case of RC):
4.
Name(s) of the Investigating/ Enquiry Officer:
5.
Details of accused/suspect:
(a)
Number of accused/suspect:
(b)
Name(s) of main accused/ suspect:
(c)
Whether arrested, or not:
(d)
If arrested whether on bail or in CBI/Judicial custody;
(e)
In case accused is absconding whether proceeding under section 82 & 83 Cr.P.C. have been
initiated.
6.
Whether any search was conducted during the period under review:
(If yes, whether any incriminating documents/material to prove the allegations were found or not.)
7.
Whether any documents/material have been collected during period under review or and any expert
opinion received.
8.
Details pertaining to investigation:
(i)
The allegation(s) in brief (gist maybe given point wise);
(ii)
A brief chronological statement of important development in the investigation till date (which
would include details of important searches/result of scrutiny of documents);
(iii)
Development in the investigation vis-à-vis each allegation during the period under review;
(iv)
How far the allegation(s) have been substantiated and where the investigation is leading (in
case of disproportionate asset case, the statements mentioned at para 12.9 may be
incorporated);
(v)
Discovery of any new facts and gist of crucial evidence gathered during the investigation,
whether by way of examination of witnesses or by way of scrutiny of documents/material seized
(it would also be mentioned what documents/material have been sent for Expert examination);
(vi)
Whether any application with regard to investigation or related matters have been moved in
any Court and if so, the details of the same and what action has been taken in the matter;
(vii)
Instruction given to the Investigating Officer for further investigation;
(viii)
Action taken on instructions issued on the previous PR by DIG or Head Office;
(ix)
Important points on which investigation remains to be completed;
(x)
Difficulties encountered during investigation, if any, and steps taken to overcome these;
(xi)
Reasons for delay in submitting the PR and steps taken to avoid further delay;
(xii)
Further time to be taken for completing the investigation and
(xiii)
Details of case diaries (such as numbers and dates) pursued by the SP based on which the PR
is based.
(Signature of SP with date)
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CHAPTER 12
ARRESTS, CUSTODY, BAIL & REMAND
ARRESTS
Power of Arrest
12.1 The Police Officers of Delhi Special Police Establishment may arrest an individual,
concerned in any cognizable offence notified under Section 3 of the DSPE Act or against
whom a reasonable suspicion exists of his having been involved in the crime, without any
warrant of arrest issued by a competent Court. This power is derived from Section 41 of the
Code of Criminal Procedure (Cr.P.C). The Officer/s of DSPE may take assistance of the
local Police while making arrest, whenever considered necessary. If any woman is to be
arrested, she may be arrested between sunrise and sunset and with the assistance of
woman Police Officer, as far as possible. In case of non-availability of women Police Officer,
a woman relation/ acquaintance could be allowed to remain present until she is released on
bail or produced before the competent Court.
12.2 The Police Officers of Delhi Special Police Establishment may arrest an individual
against whom a warrant of arrest has been issued by a Court and endorsed to him for
execution. No discretion is available to Police Officer(s) in executing the warrants of arrest
issued by a Court. In case, the individual against whom a warrant of arrest has been issued
by a Court cannot be arrested within the time specified in the warrant, a fresh warrant may
be obtained after returning the unexecuted one. In cases of individuals to whom it may be
advisable to deny use of passport facility, arrest warrants shall normally be obtained to
invoke the provisions of Sections 6 and 10 of the Passports Act, 1967.
12.3 However, as arrest takes away liberty of an individual, the power to arrest vested
under Section 41 Cr.P.C. must be exercised with due care and caution. The power being
discretionary must be used with due care to ensure that the human rights of any individual
are not violated under any circumstances. The arrest may be made only when it is
reasonably felt that the individual so arrested is involved in the commission of a heinous
crime and will be prosecuted in the Court of Law for the offences committed by him and if it
is feared that he is likely to tamper with or destroy evidence or is likely to evade the process
of law. The Police Officers of DSPE must observe guidelines issued in this regard from time
to time. The Superintendents of Police must satisfy himself, before Officers working under
his control effect an arrest, by evaluating the evidence available against an individual, and
need to affect the arrest. If the case has been registered with the approval of regional office
or the Head Office, necessary permission may be obtained from the Competent Authority by
sending an arrest proposal to the said authority through the DIG concerned. In respect of
public servants, the instructions given in the paragraph below may be observed. Undue
publicity for arrests made must be avoided.
Arrest of Public Servants in CBI Cases
12.4 Public servants should be placed under arrest only when it becomes necessary to do
so in the interest of investigation or to satisfy the requirements of law or to prevent the
accused from absconding or after a decision has been taken to launch a prosecution and
necessary sanction for it has been obtained. Investigating Officers should, wherever
possible, obtain the concurrence of the Superintendent of Police before making such arrests.
A Superintendent of Police and Investigating Officers should use utmost care and discretion
in deciding to arrest and in making such arrest. Undue publicity and embarrassment must be
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avoided.
12.5 In affecting the arrest of a public servant, especially on operational duty, proper steps
should be taken to see that the work of the Department is not unnecessarily dislocated. As
far as possible, timely information of intention to arrest the public servant may be conveyed
to the authority, to which such public servant is subordinate so that suitable alternative
administrative arrangements could be made. In case, the arrest cannot be postponed for any
exceptional reason and his immediate superior cannot be informed in advance, he should be
informed soon after making arrest of the public servant. A report will be sent to the Head
Office detailing the reasons for effecting arrest without giving prior information to the
immediate superior Officer of the public servant concerned.
12.6 The arrest of personnel of armed forces should be intimated to the nearest
Commanding Officer and his/her parent unit.
Arrest how made
12.7 As provided in Section 46 Cr.P.C., in making an arrest the Police Officer shall
actually touch or confine the body of the person to be arrested, unless there is submission to
the custody by word or action. If any person forcibly resists the endeavour to arrest him or
attempts to evade the arrest, all means necessary, including reasonable force may be
used. It must be remembered while using reasonable force that the law does not give a right
to the Police Officer to cause death of a person who is not accused of an offence punishable
with death or with imprisonment for life. The use of handcuffs should be avoided as far as
possible. In case, it is felt otherwise due to any reason, the handcuffs may be used only in
accordance with law mandated by the Hon’ble Supreme Court in Prem Shanker Shukla v.
Delhi Administration (1980 3 SCC 526) and Citizen for Democracy v. State of Assam (1995
3 SCC 743).
Person arrested to be informed of Grounds of Arrest and of the Right to Bail
12.8 Every Police Officer arresting any person without warrant shall forthwith
communicate to him full particulars of the offence for which he is arrested or other grounds
for such arrest. If it is a bailable offence, the person arrested should be informed that he is
entitled to be released on bail and that he may arrange sureties on his behalf (Section 50
Cr.P.C.). The individual may be informed that he has a right to consult a legal practitioner of
his choice. The individual may also be told that he can have his medical examination done
and if he requests to be examined by a Doctor, the same be attended to as per Section 54
Cr.P.C.
12.9 The Hon’ble Supreme Court in D.K. Basu v. The State of West Bengal (AIR 1997,
S.C. 610) has given directions to be followed scrupulously after the arrest of an accused
person. Failure to comply with the said directions shall render the concerned Police Officer
liable for Departmental action and he will also be liable to be punished for contempt of Court.
All DSPE Officers arresting an accused must therefore, follow these guidelines. The
directions of the Supreme Court are as follows :
(a) The Police Personnel carrying out the arrest and handling the interrogation of the
arrestee should bear accurate, visible and clear identification and name tags
with their designations. The particulars of all such Police Personnel who handle
interrogation of the arrestee must be recorded in a register.
(b)
The Police Officer carrying out the arrest of the arrestee shall prepare a memo
of arrest at the time of arrest and such memo shall be attested by at least one
witness, who may either be a member of the family of the arrestee or a
respectable person of the locality from where the arrest is made. It shall also be
countersigned by the arrestee and shall contain the time and date of arrest.
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(c)
A person who has been arrested or detained and is being held in custody in a
Police station or interrogation centre or other lock-up, shall be entitled to have
one friend or relative or other person known to him or having interest in his
welfare being informed, as soon as practicable, that he has been arrested and
is being detained at the particular place, unless the attesting witness of the
memo of arrest is himself such a friend or a relative of the arrestee.
(d)
The time, place of arrest and venue of custody of an arrestee must be notified
by the Police where the next friend or relative of the arrestee lives outside the
district or town through the Legal Aid Organization in the District and the Police
Station of the area concerned telegraphically within a period of 8 to 12 hours
after the arrest.
(e)
The person arrested must be made aware of list of rights to have someone
informed of his arrest or detention as soon as he is put under arrest or is
detained.
(f)
An entry must be made in the diary at the place of detention regarding the
arrest of the person which shall also disclose the name of the next friend of the
person who has been informed of the arrest and the names and particulars of
the Police officials in whose custody the arrestee is.
(g)
The arrestee should, where he so requests, be also examined at the time of his
arrest and major and minor injuries, if any present on his/her body, must be
recorded at that time. The “Inspection Memo” must be signed both by the
arrestee and the Police Officer affecting the arrest and its copy provided to the
arrestee.
(h)
The arrestee should be subjected to medical examination by every 48 hours
during his detention in custody by a doctor on the panel of approved Doctors
appointed by Director, Health Services of the State or Union Territory
concerned. Director, Health Services should prepare such a panel for all tehsils
and districts as well.
(i)
Copies of all the documents, including the memo of arrest, referred to above,
should be sent to the Illaqa Magistrate for his record.
(j)
The arrestee may be permitted to meet his lawyer during interrogation, though
not throughout the interrogation.
(k)
A Police control room should be provided at all District and State Headquarters,
where information regarding the arrest and the place of custody of the arrestee
shall be communicated by the Officer causing the arrest, within 12 hours of
effecting the arrest and at the Police control room it should be displayed on a
conspicuous notice board.
Arrest Report
12.10 An arrest report showing the time, date and place of arrest as well as the FIR number
with sections of law shall be prepared at the time of arrest by the Investigating Officer as
required under section 57 Cr.P.C. and sent to the Magistrate. At least one witness who may
either be a member of the family of the arrestee or a respectable resident of the locality may
countersign the arrest report. The arrestee shall also countersign it.
Search of the Persons under Arrest
12.11 The body of all persons arrested by the Officers of DSPE and not admitted to bail
shall be thoroughly searched at the earliest. In such cases, the Officer making the arrest
shall invariably prepare a search memorandum. This memorandum shall contain details not
only of the property seized from the accused but also details of injuries, if any, found on the
person of the accused at the time of his arrest. It is advisable, though legally not required, to
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keep at least one witness while conducting the personal search. In cases, where the
property expected to be seized from the person of the accused is itself the main case
property, such as trap cases, narcotics cases etc., the search of the person of accused shall
be made in the presence of two independent witnesses. In the case of women accused,
search shall be conducted by a woman only and shall, in all cases, be conducted with due
regard to decency. Some Special Acts like Narcotic Drugs and Psychotropic Substances Act
(NDPS Act) etc. contains special provisions for search, which should be strictly followed.
12.12 When a person is arrested on a charge of committing an offence of such a nature
and under such circumstances that there are reasonable grounds for believing that an
examination of his person will afford evidence as to the commission of an offence, he may
be subjected to medical examination to ascertain such evidence. The Officer may use such
force as is reasonably necessary for that purpose, as per Section 53 Cr.P.C.
Procedure when Police Officer deputes Subordinate to arrest without Warrant
(Section 55 Cr.P.C.)
12.13 When the Officer conducting an investigation requires any Officer subordinate to him
to arrest any person without a warrant (otherwise than in his presence), he shall deliver to
the said an order in writing, specifying the person to be arrested and the offence or other
cause for which the arrest is to be made. The Officer so required shall, before making the
arrest, notify to the person to be arrested the substance of the order and, if so required by
such person, shall show him the order. Nothing, however, affects the power of a Police
Officer to arrest a person under Section 41 Cr.P.C.
CUSTODY OF ARRESTED PERSONS
12.14 If an arrested accused is not released on bail, he should be produced before the
Magistrate having jurisdiction over the case in accordance with the provisions of law, at the
earliest and in any case within 24 hours (excluding the journey time) as per Section 57
Cr.P.C. and get remanded to Police/judicial custody. In cases, where it is not possible to
produce the accused before the Magistrate before the fall of night and it becomes necessary
for the DSPE Officers to retain the accused in Police custody, he may be lodged in the
Branch/ Unit lock-up or in the lock-up of the nearest local Police Station. The SP should
have a working arrangement with the local Police authorities for using their lock-up facilities.
In case the lock-up of the local Police Station is utilized for lodging an arrested accused or
the accused who has been remanded to Police custody, at least one Officer of the Branch
must be on duty as long as the individual is detained there. In the case of women accused,
as far as possible a woman constable should be detailed to guard her in the woman lock-up.
Illness of Person under Arrest
12.15 When a person in Police custody is suffering from illness or injury at the time of
arrest, or becomes ill or sustains injury while in such custody, such a person shall be
subjected to medical examination at the earliest opportunity and proper treatment be given
to him/her. A record of such treatment should be made in the General Diary of the place
where the accused is so confined.
Production of Person arrested or Execution of Warrant of Arrest
12.16 When the accused is arrested on execution of a warrant of arrest in the jurisdiction of
the Court issuing the warrant, he should be produced in the said Court at the earliest and in
any case within twenty four (24) hours.
12.17 Whenever a person is arrested and it appears that the investigation as regards his
involvement cannot be completed within the period of twenty-four hours provided in Section
57 of Cr.P.C., the Investigating Officer should produce him before the Magistrate with an
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application for Police custody remand as per the provisions of Section 167 Cr.P.C. The
Magistrate may authorize detention of the accused in such custody for a term not exceeding
15 days and thereafter send the accused to judicial custody as per section 167 Cr.P.C. The
Investigating Officer may seek Police custody of the accused, more than once within the first
15 days after his/her arrest, if deemed fit and necessary.
Warrant directed to Police Officer for Execution outside Jurisdiction (Section 79
Cr.P.C.)
12.18 When a warrant directed to a Police Officer is to be executed beyond the local
jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to
an Executive Magistrate or to a Police Officer, not below the rank of an Officer-in-charge of a
Police Station, within the local limits of whose jurisdiction the warrant is to be executed. The
local Police shall, if so required, assist him in executing the said warrant.
Procedure on Arrest of Person against whom Warrant is issued
12.19 When the warrant is executed outside the district in which it was issued and if the
Court issuing the warrant is beyond 30 Km from the place of execution of the warrant of
arrest, the arrested accused should be produced before the Executive Magistrate or District
Superintendent of Police or Commissioner of Police in whose jurisdiction the warrant was
executed, as per the procedure laid down under Section 80 Cr.P.C. Order should be
obtained from the said Executive Magistrate or District Superintendent of Police or
Commissioner of Police for production of the arrested accused before the Court, which had
issued the Warrant of Arrest.
Arrests of Members of Parliament and Legislatures
12.20 When a Member of Parliament/ Legislature is arrested on a charge of involvement in
a criminal offence, the Superintendent of Police of the Branch making the arrest shall
intimate the DIG and the Head Office regarding the same by wireless/e-mail/Fax and also
immediately intimate the same to the Speaker of the Lok Sabha/Legislature or the Chairman
of the Rajya Sabha, as the case may be, indicating the reasons for arrest of the said
member and the place of detention or imprisonment in the form prescribed in the Third
Schedule of the book titled “Rules of Procedure and Conduct of Business for Lok
Sabha”. Similar intimation shall be given to the Presiding Officers of State Legislature in
case of arrest of members of those Legislatures. Where intimation of arrest or detention is
sent by wireless or e-mail or telegram, the information on all the points mentioned in the form
should be given succinctly and clearly. Information whether an arrested Member has been
released on bail pending investigation or trial should also be given to the concerned
authorities.
12.21 Two copies of the report sent to the Speaker, Lok Sabha, or the Chairman, Rajya
Sabha, in the cases relating to the Members of Parliament should be sent to the Regional
DIG as well as the Head Office along with two copies of the note giving the brief facts and
particulars of the case. In respect of the cases involving MLAs and MLCs copies of the
report and one copy of note giving the facts of the case should be sent to the Presiding
Officer of the Legislature and Regional DIG and two copies to the Head Office for further
necessary action.
12.22 No arrest shall be made within the precincts of the House without obtaining
permission of the Speaker. Similarly, no legal process, civil or criminal, shall be served within
the precincts of the House without obtaining permission of the Speaker.
Bail
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12.23 When an arrested person, accused of a bailable offence, can provide bail, it shall be
accepted and he shall be released from custody.
12.24 When a person accused of a non-bailable offence is arrested or detained without
warrant, he may be released on bail if the release on bail is not likely to prejudice the
investigation or is not likely to result in the person absconding, but he shall not be so
released if there appear reasonable grounds for believing that he has been guilty of an
offence punishable with death or imprisonment for life.
12.25 A person accused of a non-bailable offence shall be released on bail under Section
437(2) Cr.P.C., 1973 at any stage of investigation when it appears that there are no
reasonable grounds for believing that a non-bailable offence has been committed by him,
although grounds may exist for further investigation.
12.26 Generally, all arrested persons should be released on bail if permitted under the law
and if adequate bail is furnished unless there are strong reasons to the contrary. Arrest and
release or non-release of a person on bail should be mentioned in the Case Diary with
grounds for the same.
12.27 No Police Officer has powers to re-arrest an accused person in the same case, who
has been released on bail under Section 437 Cr.P.C., 1973. When re-arrest is deemed
necessary, an application should be made to the competent Court for the cancellation of the
bail bond and issue of a warrant of arrest in accordance with the provisions of Section
437(5) Cr.P.C.
Arrest and Extradition of Persons in Foreign Countries
12.28 Should an occasion arise in which it is considered desirable to effect arrest and
arrange extradition/deportation of an accused in a foreign country, a detailed report should
be sent to the Head Office containing full reasons for the proposed action. The Head Office
would then take necessary steps to move the Ministry of External Affairs for extradition of the
accused if there are arrangements for extradition/ deportation with that country in respect of
the particular offence or offences alleged to have been committed by the him/her.
Identification of Offenders
12.29 Where it is necessary to get arrested suspects identified by witnesses who claim to
be able to identify them, an identification parade shall be held to confront such arrested
persons with such witnesses. The following instructions should be strictly observed while
holding such identification parades :
(a)
The face of the accused should be covered immediately upon his arrest and a
note to this effect may be made in the Arrest Memo, Case Diary and the
Remand Application. The accused should also be instructed to keep his face
covered as he may be subjected to Test Identification (TI) Parade. Ordinarily,
when the accused is to be put on TI Parade, he may be sent to judicial custody
and immediately an application may be submitted to the Court for holding TI
Parade so that the accused may be taken in Police custody remand
subsequently within the first 15 days of arrest, if necessary.
(b)
The proceedings shall be conducted in the presence of a Magistrate.
(c)
Arrangements shall be made to ensure that the identifying witnesses are kept
separate from each other and at such a distance from the place of identification
as shall render it impossible for them to see the suspects or any of the persons
concerned in the proceedings until they are called upon to make the
identification.
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(d)
Identification shall be carried out as soon as possible after the arrest of the
suspects.
(e)
The suspects shall be placed among other persons similarly dressed and of the
same social strata in the proportion of 8 or 9 such persons to 1 suspect. The
suspect will be allowed to take any position in the parade, which he chooses
and may be allowed to change his place if so desired after identification by
each witness. Each witness shall then be brought out separately to make the
identification. Care should be taken to see that the remaining witnesses are still
kept out of sight and hearing and that no opportunity is permitted for any
communication to pass between the witnesses who have been called up and
those who have not been called up for identifying the suspects.
(f)
The results of the test shall be recorded by the Magistrate or the persons
holding the identification parade as each witness views the suspects. On
conclusion, the Magistrate or the person holding the identification parade shall
be requested to sign the form and certify that the test has been carried out
correctly and that no collusion between the Police and witnesses or among the
witnesses themselves was possible. It is advisable that whenever possible an
independent and reliable person not connected with the Police should be
present throughout the proceedings at the place where the witnesses are kept
and should be required to devote his attention entirely to the prevention of
collusion. Once the arrangements for proceedings have been made, the Officer
investigating the case and any Police Officer assisting him in that investigation
should have no access whatsoever either to the suspects or the witnesses.
(g)
Formal identification proceedings should not ordinarily be arranged without
approval of the Superintendent of Police.
(h)
It is not the duty of the Officers conducting the test to record statements
or cross-examine the suspects or witnesses. They should, however, be
requested to question the identifying witnesses as to the circumstances in
which they saw the suspects whom they claim to identify and to record the
answers correctly. While every precaution shall be taken to prevent collusion,
the identifying witnesses must be given a fair chance and unnecessary
conditions must not be imposed upon these to make it impossible for a witness
to identify the suspect even if he is honestly capable of making identifying the
suspect in normal circumstances.
12.30 In case the accused is absconding, a TI Parade can be held on the basis of his
photograph. It has been held by the Supreme Court that identification of the accused by
seeing photograph is admissible and such identification can take the place of test
identification. Therefore, when a photograph is the basis of test identification it must be a
good photograph or a set of good photographs. All the photographs should be of same size
and colour.
Absconding Offenders
12.31 If during the course of investigation of a case sufficient evidence justifying the arrest
of an accused is collected but the accused is found evading arrest, a warrant of arrest
should be obtained immediately and the Investigating Officer should make all possible efforts
to trace the whereabouts of the accused. The Hon’ble Supreme Court in State of Maharastra
v. Dawood Ibrahim Kaskar and others reported in 1997(2) Crimes 92 (SC) has held that a
warrant of arrest can be issued by the Court against a person, who is accused of a nonbailable offence and is evading arrest. Enquiries should be made from his relatives, friends
and other persons who are likely to be aware of his movements and they should all be
warned against harbouring him
Issue of Proclamation
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12.32 If the accused continues to evade arrest and the warrant cannot be executed, the
Police Officer entrusted with the execution of the warrant should be produced before the
Magistrate to give evidence to the effect that the warrant could not be executed. The
Magistrate should then be requested to issue proclamation under section 82 Cr.PC. and
attachment of property order under section 83 Cr.P.C. Proceedings Under Section 82-83
Cr.P.C. should then be completed expeditiously.
Issue of Red Corner Notice etc.
12.33 In case the accused is suspected to be abroad, a Red Corner Notice may be got
issued from Interpol (IPSG Lyons) against him. For getting the Red Corner Notice issued,
the prescribed proforma may be obtained from Interpol Wing of CBI and it may be forwarded
to Interpol Wing, duly filled in, along with an attested copy of warrant of arrest, with English
translation, photograph and finger prints of the accused, if available. The Interpol Wing will
forward the proforma to IPSG and after the Red Corner Notice is issued, a copy will be sent
by Interpol Wing to the Branch on whose request it was got issued.
12.34 In case it is suspected that the absconding accused may flee the country, Lookout
Notices/Circulars may be got issued through the Deputy Director (Coordination), CBI, New
Delhi. Request for Lookout Notices should be sent only after obtaining approval of the Joint
Director concerned. The necessity for continuing the Lookout Notice should be reviewed
every six months. Further, Ministry of External Affairs, New Delhi may also be requested not
to provide passport facilities to the absconding accused and also for revocation of the
Passport, if already issued, as provided under Sections 6 and 10 of the Passports Act, 1967.
Deputy Director, Coordination, CBI, New Delhi has been appointed the nodal Officer for such
matters in the CBI.
Recording of Evidence under Section 299 Cr.P.C.
12.35 In all cases in which an accused is absconding, except those of exceedingly trivial or
petty nature or when special circumstances exist which make the procedure unnecessary or
undesirable, the Court should be requested to record evidence against the absconded
offender under Section 299 Cr.P.C.
12.36 In order to render evidence recorded under Section 299 Cr. P.C. admissible at future
trial, it must be proved and put on record that the offender has absconded and that there is
no immediate prospect of arresting him.
12.37 In cases where some of the accused are absconding and some are facing trial in the
Court the evidence should first be produced to prove that these persons are absconding and
that there was no immediate prospect of arresting them. The evidence of the witnesses
should thereafter be recorded in the case against those present. Such evidence would be
relevant against the absconders under section 299 Cr. P.C.
Publicity regarding Absconded Offenders
12.38 A descriptive roll, marks of identification and, if possible, a photograph of the
absconded offender should be maintained by the Branch in a dossier and wide publicity
given to seek public cooperation in the arrest of the absconder. Documents should also be
sent to the C.I.D/local Police Station of the State concerned for publication in their Gazette.
Policy Division orders/instructions regarding POs/absconders and Fugitives should be
complied with meticulously. The Fugitive Investigation Support Unit (FISU) under Assistant
Director, (Coordination), CBI, New Delhi should be kept informed and their instructions
complied.
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Rewards for Apprehension of Proclaimed Offenders/Absconders
12.39 In suitable cases, the Superintendent of Police should submit recommendations for
rewards for apprehension of the absconded offenders to the Head Office for sanction and if
the Head Office sanctions the reward, it should be given wide publicity.
Dossier sub module of CRIMES /Registers of Absconded Offenders
12.40 The names of all absconding accused shall be entered in Dossier sub-module of
CRIMES Module and/or in a register of absconders, which should be maintained in each
Branch. It should be ensured that the relevant particulars are entered in the said records so
that adequate steps are taken for arresting them. The records shall be maintained in each
Branch for each of the following categories:−
(a)
Proclaimed offenders/absconders involved in cases registered in the Branch.
(b)
Proclaimed offenders/absconders wanted in cases of other branches of CBI,
who are residents of places within the jurisdiction of the Branch and are likely to
visit their home districts.
Retention of Records in cases against Absconders
12.41 All documents of the cases in which the accused persons or any one of them is
absconding, the case file and the seized property should be carefully preserved so that
these may be available when the accused is arrested. Such documents, files and property
will not be destroyed for a period of 30 years from the date of proclamation of absconders.
Periodical Enquiries
12.42 Periodical enquiries should be made about all the proclaimed offenders and efforts
made for their arrest, by forming special teams whenever necessary. The results of such
enquiries and efforts to apprehend them should be mentioned in the Dossier Module or the
register kept in the branches. Instructions issued by Policy Division and Fugitive
Investigation Support Unit in this regard should be complied with meticulously.
Removal of Names from Dossier Sub-Module/Registers
12.43 A Superintendent of Police incharge of a Branch may remove of the name of
proclaimed offender/ absconders from the register on the occurrence of any of the following
contingencies:−
(i)
Arrest of the accused;
(ii)
Death of the proclaimed offender or expiry of 30 years from the date of
proclamation;
(iii)
Any other good and sufficient reason, e.g., trifling nature of the case or lack of
sufficient evidence for a successful prosecution or withdrawal of the case etc.
______
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CHAPTER 13
SEARCHES AND SEIZURES
Production of Documents under Section 91 Cr.P.C.
13.1 If an Investigating Officer considers the production of any particular document or
thing, necessary or desirable for the purpose of investigation, he may issue a written order to
the person in whose possession or power such document or thing is believed to be, for its
production under Section 91 Cr.P.C. A Court can also issue summons for production of such
document or thing under Section 91 Cr.P.C.
Search without Warrant
13.2 If the document(s) or thing(s) required for investigation are likely to be found at a
place and the Investigating Officer has reason to believe that such documents or things
cannot otherwise be obtained without undue delay, such Officer may, after recording in
writing the grounds of his belief and specifying in such writing so far as possible the
document(s) or thing(s) for which search is to be made, conduct a search of a place or
dwelling u/s 165 Cr.P.C. for such document or thing. The search shall, if practicable, be
made by the Officer himself but if he is unable to conduct the search in person he may, after
recording in writing his reasons for so doing, require any Officer subordinate to him by an
order in writing to make the search. Such order shall specify the places to be searched and
as far as possible the thing or document for which search is to be made. Copies of any
record made u/s 165 (1) or (3) shall forthwith be sent to the nearest Magistrate or Special
Judge empowered to take cognizance of the offence.
Warrants to be obtained for Searches
13.3 While the Investigating Officers may conduct searches, as authorized by law, under
their own authority u/s 165 Cr.P.C. it is advisable to obtain warrants for searches under
Section 93 Cr.P.C. from a competent Magistrate in important and sensitive cases (as well as
where time and circumstances permit).
Unnecessary Searches to be avoided
13.4
House searches may be conducted only when essential in the interest of the investigation of the
case after obtaining permission from the Competent Authority, who permitted registration of the
case. In every case, wherein the Investigating Officer desires to search a house or dwelling Unit,
he will record in his Case Diary the reasons for doing so. A house or dwelling Unit must not be
searched unless there are definite reasons to believe that certain specific things or documents
required for the investigation of the case will be found there. The number of places to be
searched should be kept at the bare minimum.
Searches after dark to be avoided
13.5 Although the law does not require that searches should be made by daylight only,
searches after dark should, as far as possible, be avoided. However, it may be necessary
sometimes to take precautions to ensure that the articles of evidentiary value for which the
search is to be made are not discharged or tampered with.
Search to be witnessed by Independent Witnesses
13.6 It is mandatory, as per provision of Section 100 (4) Cr.P.C., for an Officer making
search, to get two or more independent and respectable inhabitants of the locality in which
the place to be searched is situated or of any other locality if such inhabitant of the said
locality is available or is willing to be a witness to the search, to attend and witness the
Page 108 of 108
search and may issue an order in writing to them or any of them to do so. Non compliance of
this order amounts to an offence u/s 187 IPC provided u/s 100(B) Cr.P.C. In the latter case it
will, however, be necessary to place on record the fact of having made attempts to have
witnesses of the locality in which the search is to be made but no witness was available. The
Officer conducting the search must insist on the witnesses being present with him
throughout the search and when an article or document is discovered, attention of the
witness should be drawn to all the circumstances relating to it. While conducting searches in
a computerized environment, it would be better to have computer literate witnesses. A
witness should not be selected repeatedly to witness the searches. This can be facilitated by
making entries of witness details in the CRIMES Module.
Procedure for House Searches
13.7 The procedure to conduct house searches is prescribed u/s 100 Cr.P.C. Before
entering the house, the Investigating Officer and the witnesses should submit their person
for being searched by the occupant of the house or some persons on his behalf who should
be permitted to be present during the search. No other person should be permitted to enter
or approach the house except a member of the household. If necessary, woman Officers
should accompany the search party. The services of woman Police Officers could be taken
from local Police. Immediately on reaching the house, all telephones should be taken charge
of by the Search Party. Members of the search party should behave politely with the inmates
of the house/place particularly with the women and aged persons. Due respect should be
shown to the place of worship but the search should cover the entire premises. The search
must be thorough and meticulous. All the incriminating documents/articles must be seized in
the presence of witnesses. A search list must be prepared on the spot, indicating the
proceedings of the search and the list of documents and articles seized during the search. A
copy of the said search list must be given to the occupant of the house under
acknowledgement and the documents/articles so seized from the premises may be recorded
in his presence and that of the witnesses. In case it is not possible to complete the search on
the same day, the portion of the premises which remained to be searched must be sealed
and secured under a proper guard before leaving the premises for the night. All important
exhibits should be got video-filmed and transferred to one-time write only CD/DVD. The
original, along with a copy, should be sealed and deposited in the Court having jurisdiction.
With the permission of the Court, a copy may be made and retained for the purpose of
investigation.
13.8
Legally, it is not necessary for the DSPE to obtain consent of the Head of Department or Office
concerned before making search of the premises of an Officer working under him. The DSPE
Officers should, however, take him into confidence before conducting search or if they do not
think it practicable to do so, inform him as soon as possible after the search has commenced. In
case of search to be conducted in the premises of armed forces or an armed forces Officer,
which is located in a sensitive area and falls within the category of “Prohibited Areas”, the DSPE
Officers should take the Commanding Officer of the Unit/Senior authorities concerned into
confidence before hand. Their assistance should be sought for entry in such premises and also
for conducting the search.
Guidelines to be observed during Searches
13.9
While the broad principles for taking a decision to conduct search have been mentioned in the
foregoing paragraphs, the Investigating Officers or other Officers participating in the search may
keep the following guidelines in mind. Guidelines for conducting search where computers or
any other electronic data storage equipment are available have been discussed separately.
(a)
Searches must always be carried out in strict conformity with law. Provisions of
Sections 94, 165, 166, 100, 101, 102, and 103 Cr.P.C. must be fully complied
with.
Page 109 of 109
(b)
Searches should preferably be conducted after obtaining Search Warrants. In
the case of accused persons, search warrants should be obtained under
Section 93 (1) (c) of Cr.P.C., 1973. In all cases where searches are decided to
be carried out, prior approval of the Competent Authority should be obtained.
For this purpose, a self-contained note personally prepared in hand or self-word
processed by the I.O. with the comments of the SP, should be sent to the
Competent Authority. This note should be treated as “Secret” and sent to the
Competent Authority by name in a sealed cover with due precautions against
leakage of information. Wherever possible, the note should be hand-delivered
or sent by registered post (in name cover). In urgent cases, it could be sent
through encrypted electronic mail message with digital signatures of the
Officer(s) concerned. The SsP should exercise due caution against possible
leakage. A watch of the place to be searched may be kept wherever necessary
during the period of verification of information. It will not be possible to follow
this procedure in certain emergent cases where there is evident risk of loss of
evidence due to inherent delays. In such cases, the provisions of Section 165
Cr.P.C. may be invoked after completing all necessary legal formalities,
including preparation of grounds of search. Searches after dark should be
avoided as far as possible. In such cases, it is for the Branch SP to personally
satisfy himself about the need for taking emergent action. However, approval of
the Competent Authority should be taken as soon as possible.
(c)
Soon after registration of the case, the need for conducting searches should be
evaluated and the proposal for search should be sent to the Competent
Authority without causing undue delay.
(d)
In case during the course of a search/investigation/enquiry, the involvement of
an Officer of the level of Joint Secretary and above becomes apparent, the
inquiry/investigation against the latter would be initiated only after obtaining
permission u/s 6-A of DSPE Act.
(e)
Members of the search party should be fully briefed about their allotted tasks
and about the do’s and don’ts on searches contained in this Manual and other
instructions issued from time to time, before they set out for actual search.
(f)
Once a search party reaches the place of search and starts the proceedings,
normally persons from the house should not be allowed to go out or outsiders
allowed to come in. However, in genuine cases like school going children and
medical emergency etc. the persons may be allowed to go and come after
proper personal search. If the person whose house is being searched happens
to be out at that time and returns during the course of search, he would, of
course, be allowed to come in. The search party should have control over all
the access points and outlets to the house. The search party should also take
control of the telephones.
(g)
The addresses and places to be searched should be verified before taking a
decision and confirmed before searches are actually launched.
(h)
Whenever searches are being organized, monitoring of the progress by senior
Officers involved should be done at the Branch. A stand-by reserve team along
with a vehicle should also be kept at the Branch/Unit, to move immediately to
assist a search party. Whenever required, it could also be utilized if, during a
search, necessity of searching other premises arises.
(i)
As far as possible, searches should be completed in one stretch. In case,
search is to continue, after a break, on the next day due to any reason, the
premises should be properly sealed in the presence of witnesses and unsealed
again in their presence. Adequate guarding/ security arrangement should
be ensured for this period.
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(j)
In cases, such as those of disproportionate assets, searches could be held not
only at the residence and office of the suspect Officer, but also at the place of
his close relation, friends and Chartered Accountants etc., who very often are
entrusted with incriminating documents. Such an assessment will have to be
made prior to the registration of the case. In cases of disproportionate assets, a
separate inventory should be prepared of items, which are not seized. The
value, preferably as per agreement of all concerned, should be indicated
against each item. Milometer reading of cars and scooters should also be
shown in the inventory list. A conscious effort should be made to locate and
seize the locker keys; which have a typical appearance. The locker concerned
should be located quickly and sealed for conducting a search later on (within a
day or two), if immediate search is not possible.
(k)
Searches should not, unless unavoidable, be carried out on the occasion of
festivals/celebrations or mourning etc. going on in the house concerned.
(l)
Searches must always be conducted quickly and quietly and in a manner to
avoid unnecessary embarrassment, humiliation or inconvenience to the
occupants and members of their families. Due courtesy should be shown to
them.
(m) In cases of disproportionate assets, articles of trifling value and/or daily use
need not be mentioned individually in the search list nor seized. It would,
however, be useful to note down the lump sum value of such articles in the
house. Colour photographs of various parts of the house should be taken and
got signed at the back by the photographer. His statement should also be
recorded under Section 161 Cr.P.C.
(n)
Disproportionately large cash or jewellery, unaccounted foreign exchange,
costly electronic gadgets, arms and ammunition without licence etc. should be
seized. It should be borne in mind that even if such an item is not covered by
the search warrant, Section 102 Cr.P.C. could be invoked.
(o)
The size of the raiding party should depend on the requirements. Show of force
should be avoided. If for any special reasons, some force is required, it may be
kept in reserve at some distance. However in important cases where violent
conduct on part of the accused or individual being searched is expected,
adequate assistance of local Police should be taken. SP of the Branch may
make an assessment and take necessary steps.
(p)
Officers not below the rank of Inspector should invariably head search parties.
In case of searches of houses of senior Officers or big firms, the SP should
supervise the searches personally. According to the importance of the case, the
DIG concerned also should supervise such searches. However, the DIG/SP
shall not be a formal witness to the search, as he would not remain
continuously present during the searches.
(q)
Informants/colleagues/subordinates of the public servant/accused whose house
is searched should not as a rule be selected as search witnesses and should
not accompany the search party.
13.10 In the inventory that is prepared, the incriminating documents should be listed with
relevant details. The remaining documents could be inventorised in bulk. However, page
numbering and identity should be given and the witnesses etc. should individually initial the
contents.
13.11 No unauthorized Press publicity should be given about the searches. Strict
instructions should be given to members of the raiding party not to divulge any information
about searches to unauthorized persons.
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13.12 A search report should be sent to the Officer with whose permission the case was
registered or the searches were conducted at the earliest and in any case not later than a
week after the search along with the analysis of the same. Apart from the evidence
collected, the report should also mention the time at which the search began and ended, the
constitution of each search party and any other fact, which may be relevant. In case the
preparation of search list etc. has taken an unduly long time, this fact should also be clearly
brought out in the report.
13.13 When the I.O. of one Branch goes to conduct a search in a place within the
jurisdiction of another Branch, the SP of the latter Branch should be contacted to depute an
Officer of his Branch to be present at the time of search. Necessary endorsement in the
search warrant should be obtained before conducting a search if a house is located outside
the jurisdiction of the Magistrate issuing the search warrant. (Sections 78 and 79 Cr.P.C.)
13.14 In the course of a search, it should be ensured that the legal rights of the person
searched are respected because any violation thereof may affect the search adversely. The
occupant of the premises reserves the following rights: –
(i)
to see the warrant of authorization duly signed and sealed by the issuing
authority;
(ii)
to verify the identity of each member of the search party;
(iii)
to have at least two respectable and independent residents of the locality as
witnesses;
(iv)
to have personal search of all members of the search party before
commencement and conclusion of the search;
(v)
to ensure that a personal search of females are carried out by another female
only, with strict regard to decency;
(vi)
to have a copy of the panchnama together with all annexures, for which
acknowledgment should be given;
(vii) to call a medical practitioner, if required;
(viii) to have the children permitted to go to school, after discreet examination of
their bags; and
(ix)
to have the facility of having meals etc. at the normal time.
13.15 Copy of the search list/seizure memo may also be made available to the Department
concerned, whenever the Departments make a specific request in the said regard.
Statements under Section 161 Cr.P.C. of the Search Witnesses
13.16 The I.O. shall record the statements of the search witnesses under Section 161
Cr.P.C., immediately after completion of the search.
Search and Seizure of Digital Evidence
13.17 In order to avoid duplication, the principles and procedures to be followed while
seizing digital evidence have been given in detail in the Chapter No.18 of this manual.
Production of Government Records
13.18
The Police Officers of DSPE are authorized to inspect official or secret records at all stages of
the investigation. They can, therefore, have access to all official records required by them for the
purpose of investigation or for production in Courts. The detailed procedure in respect of
records/ documents of certain Departments is described in the following paragraphs:–
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(i)
Post Office Records – Officers of the DSPE have no authority to require the
production of letters, postcards, parcels, telegraphs or other documents or
things in the custody of Postal or Telegraph authorities. The procedure
prescribed in Section 92 Cr.P.C. must be followed if their production is
considered necessary. This prohibition, however, does not extend to the other
ordinary records maintained in a post office and information available in them
shall be given on the written order of the Investigating Officer. Only those
entries in such records will, however, be disclosed, which relate to the person
or persons accused of the offence under investigation or which are relevant to
the offence.
(ii)
Securing of Income-Tax Records – It is permissible under the Income-Tax Act,
1961, subject to the provision of any notification issued under Section 138(2) of
the Act, to obtain any information in respect of the assessment of any assessee
and to ask for the inspection of assessment records or any other information
contained therein either by making an application under Section 138(i) of the
Act or by sending a requisition under Section 91 Cr.P.C. or from any list of
assessees published by the Central Government under section 187 IncomeTax Act. However, in view of very large number of assessees, the Ministry of
Finance do not publish assessment figures in all cases particularly as the
assessments would be in the names of the firms and not in the names of
individuals. The latter source of information would therefore, ordinarily not be
available. DSPE Officers should obtain the requisite information, as a rule by
sending a requisition under section 91 Cr.P.C., instead of making an
application under Section 138(i) of the Income-Tax Act, 1961.
(iii)
Production of Records by Bank and Public Offices – It should be considered as
sufficient compliance of an order under Section 91 Cr.P.C. by Banks or Public
Offices if the required documents or books are shown or produced at the bank
premises or in public offices as the case may be. IOs should not generally insist
on an Officer of the Bank attending and producing the records at any place
other than the Bank premises. Section 18 of the Prevention of Corruption Act,
1988 provides that certified copies of the relevant entries relating to the
accounts in the Bankers’ Books of any person suspected to have committed
any offence under that Act, or of any other person suspected to be holding
money on behalf of such person can be taken or caused to be taken and the
bank concerned is bound to assist in the exercise of these powers. These
powers can, however, be exercised only by a Police Officer empowered to
investigate under Section 17 of the Prevention of Corruption Act, 1988 provided
that they shall not be exercised by a Police Officer below the rank of a
Superintendent of Police, unless he is especially authorized in this behalf by
Police Officer of or above the rank of a Superintendent of Police. Copies of
Statement of Accounts certified under the Bankers’ Books Evidence Act are
admissible in evidence without production of the Books/Ledgers in the Court.
(iv)
Records pertaining to Company – Any Registrar of companies should not be
asked under the provisions of Section 209A of the Companies
Act for seizure of records in such cases where records are required by the
DSPE. DSPE Officers may conduct search for the records, at the premises of
the company or procure it by issuing notice under Section 91 Cr.P.C. In spite of
having enabling statutory powers to search or to demand production of
documents the Officers normally conduct themselves with the active
cooperation of the Department concerned for smooth progress in the
investigation. Therefore, the Investigating Officers should try to enlist the
support and cooperation of the concerned R.O.C. who may render all
assistance to DSPE in exercise of their powers under Section 209A of
Companies Act and then inspect the same for doing the needful and/or take
attested copies thereof for the purpose of carrying on investigation.
Page 113 of 113
The DSPE officials while investigating any case against any Company or
its partners/Manager/Director can seize any account book or papers, as per the
procedure laid down in the Cr.P.C., from the statutory functionaries of the
company or from any place where the relevant documents are available,
including the account books called by Registrar of Companies for their
inspection under Section 209A of the Companies Act. For seizure of documents
while investigating any case, the DSPE Officers need not invoke Section 209A
of Companies Act as the Cr.P.C. contains enough provisions in different
Sections like 102, 91, 51 etc. to summon or seize any document or thing
required for the purpose of investigation.
In order to obtain the original documents filed by the Department/Public
Sector Undertakings including the Banks in the Courts in civil matters we may
approach the Department/ Public Sector Undertakings to file photostat copies of
the documents in the Courts and make available the original records to the
DSPE for expediting investigation in the connected cases.
Unnecessary Inconvenience to Parties to be avoided
13.19 While exercising the powers under Section 91 Cr.P.C. or while taking into possession
documents, records etc., required for the investigation, the Investigating Officer must be
careful not to act in a manner, which may cause unnecessary hardship or dislocation of work
to the persons or offices concerned.
Memos for Records taken into Possession
13.20 In all cases, where any records or articles are taken into possession during the
course of investigation without formal search, a proper recovery memo in prescribed form
attested by two respectable witnesses and the person from whom the records or articles are
taken possession of should invariably be prepared on the spot and each of the documents or
articles should be got initialed and numbered by the persons producing it and the witnesses
to preclude any changes or substitution.
Records of Seized Property Deposited in Malkhana
13.21 As soon as any property is seized, the Investigating Officer should hand over the
property along with a copy of the seizure memo to the Officer-in-charge of the Malkhana who
will make an entry in the Malkhana Sub-Module or Seized Property Register. Entries in the
Malkhana Sub-Module or Seized Property Register should be made chronologically and
blank spaces should not be left for entering subsequent seizures in the case. Seizure of
cash (including trap money), jewellery and other valuables will also be entered in this
register. In case, entries are made in the register, the same pertaining to the cash should be
made in red ink. All such money and valuables will be deposited with the Malkhana by the
Investigating Officer in the first instance in sealed covers and will be entered in the Malkhana
Register by the Officer-in-charge of the Malkhana. After that, the sealed cover will be resealed in bigger covers or in small box in the presence of Sr.PP or any other Law Officer for
safe custody in a safe/locker. A record of sealing of the covers or the boxes, as the case
may be and their contents will be made in the Malkhana Register and will be signed by the
Officer in charge of the Malkhana and the Sr.PP or any other Law Officer. Valuable jewellery
and cash whose identity is required to be established in the Court, must be kept in the
locker of a Nationalized Bank, which should be hired by the Branch for Joint operation by the
Branch SP and the Malkhana Incharge of the Branch. The cash whose identity is not
required to be established, should be deposited in the Nationalized Bank in a Current
Account operable jointly by the SP of the Branch and the Malkhana Incharge and a remark
to the said effect must be made against the relevant entries in the Malkhana Register/SubModule of CRIMES for ready reference and further necessary action for disposal of the
properties so seized by CBI.
Page 114 of 114
13.22
Record of seized property shall be maintained in the Malkhana Sub-Module of CRIMES or in the
prescribed form in all the CBI Branches. Data entry in Malkhana Sub-Module in the Crimes
Module shall be made by the Malkhana incharge on real-time basis. This Module must be actively
utilized by the Branch for day-to-day handling of documents/material objects kept in the
Malkhana. This record will be maintained year wise. It will show the items carried over from the
previous year in the Malkhana.
13.23 The Officer-in-charge of the Malkhana shall place the Seized Property Register
before the Superintendent of Police of the Branch once in two months for his check and
inspection. The Superintendent of Police should check the sealed covers or boxes
containing seized money or valuables once in a month at least.
13.24 The Officer-in-charge of the Malkhana shall prepare a monthly statement of seized
property pending in the Malkhana at the end of the month through Malkhana Sub-Module of
CRIMES or in the following proforma in the register itself.
Sl.
No.
Item No.
RC/PE No.
Date of
seizure
Reasons for
pendency
Remarks
13.25 The Law Officer looking after the Malkhana should scrutinize it and issue necessary
directions. He shall countersign the statement after satisfying himself that all the properties
entered in the record are available and no un-recorded property has been kept in the
Malkhana. He will take rectification steps in case any discrepancy is noticed. He is also
required to carry out a detailed inspection every three months. He may also carry out
additional surprise inspections. In addition, the SP of the Branch should physically check the
Malkhana in January and July each year to ensure that the properties in the Malkhana are
available as per the Malkhana Module or Register.
13.26 Items or documents kept in the Malkhana may be required during the course of
investigation or trial and hence these may be issued to the Law Officer and Investigating
Officer handling the trial case. A provision has been made for such issue and receipt in
Malkhana Sub-Module. Any item, so required, may be temporarily issued only after making
the necessary data entries in the said Module. Similar entries would be made once these are
received back. Whenever the Malkhana Sub-Module is not working, a Temporary Issue
Register in the following form will be maintained for keeping a record of items issued to the
Law Officer and investigating Officer handling the case. The status of temporarily issued
items will be reviewed every month by the Law Officer-in-charge of the Malakhana. In case,
it is felt that a document/item has been pending with an Officer for a long time, he may be
asked to return the same. The Branch SP may also exercise necessary supervision in this
regard by reviewing such temporarily issued items at least once a month and take steps to
get these documents/ items back if these are no longer required by the concerned Officer(s).
Sl.
No.
Item
No.
RC/PE No.
Name of
I.O. or Law
Officer
issued
documents
and any
other item
Signatures of
the Officer to
whom the
document/ite
m is issued
with date
Date of
Issue
Date of
return
Signature of
the Malkhana
Incharge
receiving
back the
documents/
articles
13.27
In case the property is produced in the Court or before an Enquiry Officer conducting
Departmental enquiry as an exhibit, the Law Officer/Presenting Officer concerned should
send a report to the Malkhana Incharge. Similarly, in cases where property has been given
to the IOs for being returned to the parties concerned, the IOs should submit the
acknowledgment of the party concerned before the Malkhana Incharge at the earliest. If for
Page 115 of 115
some reasons, the property could not be returned to the party, it should be promptly returned
to the Malkhana Incharge. The return of property to the concerned parties will be monitored
by the Law Officer- in-charge of the Malkhana on every fortnight. The records of properties
taken out of Malkhana would be maintained through a prescribed invoice generated through
Malkhana Sub-Module or in a printed pro-forma to be maintained in triplicate. The Law
Officer-in-charge of Malkhana and SsP should ensure that these invoices are used for
transmitting property.
Inspection of Documents
13.28 Whenever inspection of documents kept in the Malkhana is permitted by a Court, the
Law Officer-in-charge of Malkhana or the SP of the Branch should make an Officer
responsible for supervising such inspection. Such designated Officer shall be responsible for
ensuring safety of all the documents. In important cases, even two or more Officers could be
nominated for being present at the time of inspection. Persons conducting inspection should
be searched and not allowed to carry anything by which he could damage or destroy the
documents. Under no circumstances he should be permitted to carry any match sticks,
cigarette lighters, ink or ball point pens etc. He may be permitted only to carry white papers
and pencils for making notes if they so desire. The Officer-in-charge of Malkhana
supervising the inspection should maintain a register in which details of the orders for
inspection of document, and description of documents whose inspection has been permitted
should be entered. This register will be seen and signed by the Law Officer-in-charge of the
Malkhana or the SP of the Branch.
13.29 The Officer-in-charge of the Malkhana in each Branch will be responsible for the
security of the articles kept therein. He may be provided with the assistance of an Armed
Guard, wherever feasible and necessary. The Superintendent of Police should pay frequent
visits to the Malkhana to ensure that necessary precautions against fire, water seepage or
any other damage to articles are taken.
13.30 Whenever a new Officer takes charge of the Malkhana or is made temporary
incharge in case of Malkhana Incharge going on leave or duty, he should check each item
and submit a certificate to that effect, to the Incharge Law Officer after due checking and
verification. In case, any discrepancy or shortage is noted, the same should be brought to
the notice of Law Officer-In charge of Malkhana and the SP of the Branch.
Orders of Courts to be obtained regarding seized Property
13.31 All properties seized during investigation under the provisions of the Cr.P.C. should
invariably be forwarded to the Court in order to obtain orders under Section 457 Cr.P.C. for
their custody during the pendency of the case. No case property relevant to the trial should
be retained by CBI after the trial of the case has commenced unless it has been so ordered
by the Court of competent jurisdiction.
Records required in another case
13.32 As soon as a Branch comes to know that the property seized in one case (whether
of the same Branch or of any other Branch) will be required in another case, a clear note
may be made in red ink in the Malkhana Register. The Investigating Officer, who originally
seized the property, should also keep a note in the said regard. A written intimation should
be sent to the SP concerned if the property is found useful for some case in any other
Branch.
13.33
If the property has to be produced in the trial of a case other than the one in which it
was originally seized, it should be routed through the Court concerned with the first case. A
clear request should be made to the second Court to return the property to the Court
concerned with the first case as soon as the trial in the second case is over and that it
should not be disposed of in any other manner. Photostat copies or certified copies (in the
Page 116 of 116
case of documents) should be retained with the Court within the jurisdiction of which the
property is originally seized.
13.34 A separate Case Index Register should be maintained in the Malkhana in the
following form for the purpose of locating the various items concerned in a particular case:–
Sl.
No
.
Case No., Name
and address of
the accused
M.R. Serial
No.
Name of the
I.O.
Remarks (The particulars of Almirahs or
racks where the documents are kept. Court
case or RDA reference with the present
location of documents in movement.)
Storage of Arms/Ammunitions/Explosives
13.35
Arms and ammunitions require specialized and careful handling with certain additional
security measures. Wherever armed guard has been provided to the Branch, the SP
concerned may keep the seized arms and ammunitions in the Malkhana. In the absence of
armed guard, such items may be kept in the nearest CBI Branch where such facility is
available or with the nearest establishment of paramilitary forces/army under proper
documentation. In no circumstances, explosives/ explosive substances shall be kept in the
Malkhana of a Branch and they should be deposited under receipt with the nearest
establishment of paramilitary/army, capable of handling or storing such objects. The firearms
and the ammunition issued to the Branch for official use should be kept separate in the
secured vault of the Malkhana. The Branch SP shall get periodic cleaning, oiling, and
maintenance of the weapons by taking help of local Police or paramilitary units, wherever
required.
Storage of seized Computer Media
13.36 Similarly, special care has to be taken for storing seized computer systems or any
other electronic storage media. These must be kept in dry and cool environment.
File of Seizure Memos
13.37 A complete file of photocopies of seizure memos should be maintained for the
purpose of checking the Seized Property Register. The number and date of seizure in
connection with a case should be entered in the Crime Register in red ink. These memos
and the Seized Property Register should be examined by the Senior Public Prosecutor of the
Branch during his bi-monthly inspection of the Malkhana.
Disposal of Properties
13.38 The return of property to parties concerned should be done through proper invoices
with supporting entries in the Malkhana Register of the Invoice No. & G.D. particulars.
Properties relating to cases recommended for suitable action may be disposed of after giving
information to the Department concerned as mentioned in the chapter pertaining to the
Preliminary Enquiry. As regards property relating to disciplinary cases in which the
punishment imposed is regarded as adequate, action may be taken to dispose of the
property after ascertaining from the Department that no appeal has been filed by the
Delinquent Officer against the punishment awarded. In case an appeal is filed the property
will be disposed of after the appeal is decided.
Delay in the disposal of properties in cases which have been closed should be avoided and the
Superintendent of Police should ensure that such properties are disposed of within 15 days
after the final orders are passed by the Court on the Closure Report. In order to watch the
disposal of closed cases, a register of closed cases in the following form should be
maintained:–
Page 117 of 117
Sl. Nos. of M.R. items
pertaining to cases
Date of Disposal
Remarks
13.40 The Senior PP or PP must invariably inspect the Malkhana every three months and
record an inspection note which should be seen by the Superintendent of Police who may
give suitable directions to them and/or to the Malkhana Incharge on the lines mentioned
above.
______
Page 118 of 118
CHAPTER 14
GENERAL INSTRUCTIONS REGARDING INVESTIGATION
& ENQUIRIES
14.1 Investigating Officers of CBI are authorized to conduct investigation into the
offences notified by Central Government under Section 3 of the Delhi Special Police
Establishment Act, 1946. While investigation of the said offences may be taken up in the
Union Territories, a notification from the Central Government is required to be issued under
Section 5 of the DSPE Act, 1946 with the consent of the State Government concerned under
Section 6 of the said Act to enable investigation to be conducted in the territories of different
States. Consent once given in any particular case cannot be withdrawn as has been held by
the Hon'ble Supreme Court in K. Chandrasekhar etc. v. State of Kerala [JT 1998 (3) SC
612].
14.2 The powers of investigation as granted by the DSPE Act do not vest any different
powers other than those laid down in the Cr.P.C. 1973. Under Section 156 of the Cr.P.C.
1973, all Officers of and above the rank of an Officer in charge of a Police Station have
statutory authority to investigate cognizable offences. Under Section 157 (i) Cr.P.C., 1973
such Officers are empowered to depute subordinate Officers to proceed to the spot to
investigate the facts and circumstances of the case and, if necessary, to take measures for
the discovery and arrest of the offender(s). Officers of CBI of or above the rank of SubInspector are empowered under Section 2(3) of the DSPE Act, 1946 to exercise the powers
of the Officer-in-charge of a Police station for the purpose of investigation of any case.
Therefore, no independent enquiries/ investigation can be entrusted to Assistant SubInspectors of Police or Head Constables in the CBI. In cases registered under the
Prevention of Corruption Act 1988 only Officers of the rank of Inspector and above of CBI
are authorized to investigate except in the state of Jammu & Kashmir (J&K). In J&K, under
provisions of J&K Prevention of Corruption Act, only Officers of the rank of Deputy
Superintendent of Police and above are authorized to investigate cases pertaining to the
offences under the said Act.
14.3 As such, Sub-Inspector of Police (Inspectors/Sub-Inspectors in case of J&K) shall not
investigate cases under the Prevention of Corruption Act, 1988 without obtaining prior
permission of the Magistrate under Section 17 of the said Act. The Superintendent of Police
shall forward an application for permission to investigate cases under the Prevention of
Corruption Act by a Sub-Inspector (Inspector or Sub-Inspector in case of J&K P.C.Act) to the
Magistrate, mentioning therein the reasons for entrusting the case to the above-mentioned
ranks of Officers. Similarly, an Officer of the rank of Deputy Superintendent of Police can
only investigate offences under some special Acts like Immoral Traffic (Prevention) Act,
Information Technology Act etc.
14.4 Besides the above, the Supreme Court of India and the High Courts may also direct
investigation or enquiry by CBI under powers vested with them by Constitution of India. In
such cases the consent or notification, of the Central/State Government concerned, is not
required.
STAGES OF INVESTIGATION
14.5 As held by the Hon'ble Supreme Court in H.N. Rishbud V. State of Delhi (A.I.R. 1955
S.C. 196), the investigation generally consists of the following steps:–
Page 119 of 119
(i)
Proceeding to the spot;
(ii)
Ascertainment of the facts and circumstances of the case;
(iii)
Discovery and arrest of the suspected offender;
(iv)
Collection of evidence relating to the commission of the offence which may
consist of (a) the examination of various persons (including the accused) and
the, reduction of their statements into writing, if the Officer thinks fit, (b) the
search of places or seizure of things considered necessary for the investigation
and to be produced at the trial; and
(v)
Formation of the opinion as to whether on the material collected there is a case
to place the accused before a Magistrate for trial, and if so, taking necessary
steps for the same by filing of a charge-sheet under Section 173 Cr.P.C. before
the competent Court.
Powers of Investigating Officers
14.6 The powers and duties of a Police Officer making an investigation are laid down in
Sections 157 to 173 of the Cr.P.C. When it is necessary to summon any person to attend
an investigation, the Investigating Officer may issue an order in writing in the prescribed form
to such person to attend investigation. However, no male person under the age of 15 years
or woman shall be asked to attend at any place other than the place in which such male
person or woman resides. The above-mentioned legal process of summoning witnesses by
issuing notice under Section 160 Cr.P.C. shall not be used in Preliminary Enquiries.
14.7 It shall be the responsibility of the Senior Superintendent of Police or Superintendent
of Police or any other Officer vested with task to supervise investigation of a crime or
conduct of an enquiry to ensure that there is no inducement, threat or promise given to any
person from whom enquiries are made or the information are elicited. No person should be
unnecessarily called or detained under any circumstance.
Language to be used for recording Statements
14.8 As far as possible, the First Information Report should be recorded in the language in
which the complaint is made by the complainant. The statements of witnesses as per the
provisions of Section 161 Cr.P.C., should also be recorded in the language in which they are
made. It should be ensured that the statements so recorded do not contradict any evidence
on record either in the form of documents or the statement of any other witness. Whenever
a statement is recorded by an Investigating Officer through an interpreter, the statement may
be recorded in English, and an endorsement may be made at the end of the statement
regarding the manner in which the it was recorded. In such cases, the statement of the
interpreter should also be recorded. However, as per the provisions of Section 162 Cr.P.C.,
no signature of the individual as witness or accused should be obtained on the statements
so recorded. During the preliminary enquiry, however, the signatures of individuals whose
statements are recorded may be obtained. In case any individual is not willing to append
his/her signature to the statement so recorded, the fact may be recorded at the end of such
statement.
14.9 Action on reports emanating from interested parties or which appear to be false or
malicious should be avoided. Where there is any indication that the complainant is actuated
by pique or personal malice, the Investigating Officer should proceed with care and caution.
This does not, however, imply that where credible information is forthcoming regarding the
commission of an offence, the Officer concerned should hesitate to enquire into.
Acquaintance with Facts, Rules, Procedures etc.
Page 120 of 120
14.10 The Investigating Officer may take assistance of any Officer of another Department in
the investigation, with the approval of the Superintendent of Police.
14.11 While investigating cases pertaining to corruption, embezzlement, fraud etc. or
undertaking any enquiries relating to misconduct, the Investigating/ Enquiry Officer must first
acquaint himself with the facts, rules and regulations and the procedures including well
established and approved conventions, if any, as regards working of an organization with
which investigation or enquiries are related. He should ascertain all possible explanations
likely to be offered in defence as well as any defects or irregularities in procedure, which
may be desired to be produced in evidence, circumstantial or otherwise, with reference to
the Departmental Rules and Regulations.
14.12 Information may be obtained from the Heads of Department or Vigilance Officers for
furtherance of investigation unless there are special reasons in any particular case for not
doing so. Their Cooperation and help should be also secured in order to understand the
procedures prevalent in a Department.
Clues to be followed up carefully
14.13 All available clues, at the time of registration of an FIR or initiation of an enquiry or
those becoming known during the course of investigation or conduct of enquiry, should be
carefully followed up. Enquiries should be made from every one who is likely to be
connected with the events which preceded or, accompanied or followed the crime or the
subject matter of enquiry.
Inspection of Scene of Crime
14.14 A scene of crime under investigation or an event under enquiry is a place from where
and through which the Investigating/ Enquiry Officer may get crucial evidence relating to
the commission of crime and identity of the accused or the individual responsible for the
event. Therefore, examination of the scene of crime or event is very important task of the
Investigating Officer. This is more so especially in crimes such as murder, rape, dacoity,
kidnapping, rioting and explosion etc. because it exhibits:
(a)
Information on the corpus delicti (body of the crime.)
(b)
Information on the modus operandi used by criminals.
(c)
Information to link a suspect with witness/victim, e.g., the evidence like blood,
hair, cloth, fibres, cosmetics, documents and other items from the victim may be
transferred to the perpetrator.
(d)
Information linking a person to the crime scene such as different types material
like documents, fingerprints, blood, hair, fibers and soil, paint, etc. left by the
criminal may be available at the scene of crime, which sometimes may provide
one of the most vital clues.
(e)
Information to disprove or support a witness's testimony.
(f)
Information on identification of a suspect.
(g)
Providing lead to the investigation.
(h)
Information on identification of a substance.
Plan of the Scene of Offence
14.15 In all important cases the plan of the scene of offence shall be drawn by the
Investigating Officer or got prepared by him through any other suitable agency such as the
engineers of the CPWD or Railways, Revenue Officers etc. The I.O. may take help of the
Technical Advisor or his staff in the CBI, if considered necessary. In trap cases, cases of
murder, a sketch of the scene of occurrence shall invariably be prepared.
Page 121 of 121
Photographing/Videographing the Scene of Crime/Trap/Search Proceedings
14.16 As far as possible, the crime scene, steps during the course of investigation such as
pre-trap and post-trap proceedings, search proceedings should be photographed as well as
videographed. In case, the photographs are taken by conventional method, the negatives
must be preserved. In the event of digital still photography and videography, the images may
be downloaded/transferred, in the presence of witnesses, to a ‘write only’ compact disk (CD)
or ‘write only’ digital video disk (DVD) for preservation. This would prevent the independent
witnesses turning hostile during the course of trial. In all important cases of disproportionate
assets/ recoveries, search proceedings should also be videographed so that the Court may
appreciate the evidence collected by CBI about the luxurious lifestyle of the accused or the
circumstances under which a particular recovery was made. A memorandum be prepared to
this effect by the I.O. on the spot in the presence of witnesses.
Technical Assistance in the Investigation
14.17 Investigating Officers may secure technical assistance or advice whenever such
assistance or advice is necessary and desirable for expeditious and professional
investigation of cases. There should be no delay in sending papers or exhibits for expert
examination or in seeking expert technical opinion. Investigation should not be kept in
abeyance while waiting for records or expert's opinion or for the result of part enquiries by
another Officer, except when unavoidable. As far as practicable, enquiries in all possible
leads may be pursued simultaneously. Particulars of technical assistance that is available
in CBI and the procedure for obtaining the same are available in the Chapters dealing with
‘technical assistance’ and ‘forensic laboratory’ of this Manual. In all investigations where
foodstuffs or other articles of perishable or essential nature are involved, the Investigating
Officer should not unnecessarily hold up the stocks but should take representative samples
in the presence of independent witnesses for the purposes of evidence in the Court and
release the remaining stocks after observing necessary legal formalities.
Planning of Investigation
14.18 The Investigating Officer should make analysis of the allegations in the FIR or
enquiry registration report and focus on the main allegations for investigation or the main
points for enquiry. The I.O., in consultation with the Superintendent of Police, would draw a
list of points, to be called ‘plan of investigation’, containing the allegation(s) to be proved
witnesses to be examined, documents to be seized and technical assistance/expert opinion
to be obtained in support thereof etc. without any delay. This plan may also incorporate
details of part-investigation to be referred to other branches, searches to be conducted;
Interpol reference to be made, investigation to be conducted abroad etc. The ‘plan of
investigation’ is not to be static but a dynamic one which may be modified from time to time
with the progress of investigation. The existing points may be revised and fresh points added
as and when necessary. The SP shall review the same at the time of preparing the Progress
Report or whenever the investigation is reviewed. In important cases, the DIG may also
review the ‘plan of investigation’ and issue necessary directions, if any required in the said
connection.
Requisition and Seizure of Records
14.19 There should be no delay in requisitioning and taking over records and documents
which are required for investigation. Whenever, the case is registered based on complaint
given by the Departments, the Department concerned must be asked to hand over the
relevant documents along with the complaint. In other cases, need to collect documents
should be examined immediately after taking up investigation. In cases where searches are
to be conducted, such requisition for documents should be issued only after the searches
are over. There should be no indiscriminate seizure of documents in any case. It should be
Page 122 of 122
borne in mind that seizure of records may cause dislocation of work in the office concerned.
Hence, records should not be taken into possession as a matter of routine. The I.O. should
seize/requisition the records only if the same are essential for the purpose of investigation.
In many cases, examination and scrutiny of the records on the spot might suffice. Where it
is not possible to take any records or documents immediately into possession adequate
precautions should be taken and arrangements made to preclude the possibility of any
interpolation in, or tampering with, such records or documents.
14.20 If any Department requests for photocopies of the documents seized from it, the
same may be allowed to be prepared by the Department under the supervision of I.O. or
some other responsible Officer. In case it is not possible for the Department to get the copies
of said documents prepared, the CBI may arrange to supply the same to them.
Return of Documents and Records
14.21 The seized/requisitioned documents and records should be scrutinized promptly and
necessary action should be taken to return the documents and records, which are not
concerned with the case under enquiry/investigation or with any offence. Wherever
necessary, orders of the competent Court should be obtained for the custody and disposal
of the case property in accordance with the provisions of Sections 451, 452 and 457 Cr.P,C.
All the documents/material objects/other items seized during the course of investigation
should be promptly sealed/packed in a scientific manner and deposited in the Property
Room (Malkhana). The details of these must be entered in the Malkahna Sub-Module of
CRIMES or in the Malkhana Register, wherever the Sub-Module is not operational. The
documents/items could be got issued by the Investigating Officer, as and when required, for
the purpose of investigation etc. against proper receipt. These must be returned to the
Malkhana as soon as these are no longer required by the Investigating Officer. All such
issues and receipt shall be entered in the Malkahna sub-module of CRIMES or in the
Temporary Issue Register, wherever the Sub-Module is not operational. Every I.O. shall be
personally responsible for the safe custody of these documents, at all stages of the
investigation. Property Room incharge will ensure that the issued items are not retained by
the I.O. for an unduly long time and are returned to the Malkhana promptly. He will make
sure that the Officer, who is transferred from the Branch/Unit, has returned all the
documents/items issued him to the Property Room before he is relieved by the Branch/Unit.
The Branch SP will monitor this matter.
Important Cases to be investigated by Additional SP/Deputy SP
14.22 All important cases/ enquiries especially those against senior Gazetted Officers
should, as far as possible, be investigated by Additional SP/Deputy S.P. The Superintendent
of Police should personally supervise the investigation through perusal of Case Diaries and
records, discussion with Investigating Officers, examination of important witnesses, visiting
the scene of offence, periodic review of the progress of investigation and by issuing memos
of instructions, etc. In appropriate cases, a Superintendent of Police may also be directed by
the DIG/JD to conduct investigation personally. A newly-inducted Superintendent of Police
may investigate at least one important case within the first year of his joining the Branch.
The DIsG should review progress of investigation of all the important cases periodically with
the concerned SP and the I.O. along with the Law Officer, if necessary.
Recording of statements by Magistrates
14.23 In appropriate cases, crucial statements made in the course of investigation by
important/ vital witnesses may be got recorded by Magistrates under Section 164 Cr.P.C.
with a view to reduce the possibility of their being tampered with later on or the witnesses
resiling from their statements. Such statements should be recorded in the manner prescribed
in the Code of Criminal Procedure. Since these statements are recorded by the Magistrate,
and the I.O. is excluded from the proceedings, there is likelihood that, the witness may
forget some important facts while giving statement to the Magistrate which may prove fatal
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during the course of trial. Due care should, therefore, be exercised to ensure that all
essential details are brought out in the statements recorded under Section 164 Cr.P.C and
errors, omissions and contradictions avoided.
14.24 Confessional statements of the accused persons should be got recorded by
competent Magistrates as quickly as possible under section 164 Cr.P.C. All necessary
precautions laid down under section 281 Cr.P.C. should be strictly observed while recording
such statements. The I.O. should also satisfy himself that the accused is willing to disclose
all the facts within his knowledge and is not hiding anything. Same precautions should be
followed in the matter of recording confessional statement by any other authority
empowered to do so under any law applicable to the case, from time to time.
14.25 If there is any doubt at the time of recording of the statement whether the persons
making the statement will be a witness or an accused, the recording of statement under
Section 164 Cr.P.C should be kept pending till the position becomes clear because the
procedures for recording statements of witnesses and the confessions of accused persons
under section 164 Cr.P.C. are different.
14.26 In appropriate cases, sworn statements can be got recorded by the Income-Tax
Officers also under the statutory powers vested in them under the Income-Tax Act.
Examination of Suspect Accused Persons
14.27 When a suspect appears before the Investigating Officer, he should be examined
thoroughly on all points. His statement should be carefully recorded with a view to ascertain
his defence and to find out the cases from which the evidence could be gathered to verify his
defence and to prove the charges against him during the course of further investigation. The
accused may be informed of the charge against him and questioned thoroughly to seek his
explanation. If the accused makes any specific disclosure of material objects used in the
commission of offence, his disclosure statement should be recorded in the presence of
witnesses and recovery of the articles, weapons etc. so disclosed by him should be made as
per the provisions of Section 27 of the Evidence Act. All the points or arguments advanced
by the accused should be looked into and thoroughly verified by the Investigating Officer. It
should be ensured that complete statement of the accused is recorded and the points
arising there from are looked into during the course of investigation, so that the prosecution
is fully prepared to meet the defence of the accused/suspect.
14.28 The I.O. shall, in all important cases, prepare questionnaires for examining the
accused and shall record his statement initially in the narrative form and then in the form of
answers to the questionnaire, which should cover all important points. The record of the
answers given by the accused should then be read over to him. To prepare the
questionnaire in important and/or complicated cases, guidance of the Senior Officers should
be taken
14.29 During the course of investigation, if the persons, who are suspected to have played
role in the commission of offence and have escaped from India to some foreign countries
and their present whereabouts are not known, Blue Corner Notices in the prescribed form
along with the photograph of the suspect can be sent to General Secretariat, ICPO-Lyons
through Interpol Wing, CBI, New Delhi, with a request to locate their present whereabouts or
to ascertain their criminal records and identification etc. The General Secretariat in turn will
request NCB of the member countries to provide necessary information to our Interpol Wing.
The prescribed format can be obtained from the Interpol Wing of CBI in this connection. In
case of accused persons where there is specific evidence available and NBWs have been
issued and/or charge-sheet has been filed, Red Corner Notices could be got issued by the
Interpol Wing of CBI for their arrest.
Part-Enquiries/Investigation
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14.30 If enquiries/investigations in a case are to be made in the jurisdiction of other
branches, the request for making these part-enquiries/investigations should be made to the
Superintendent of Police concerned as early as possible.
14.31 No hard and fast rules can be laid down as to whether, and in what circumstances,
the part-enquiries should be entrusted to the other Branches, or whether the Investigating
Officer should himself conduct enquiries there. When the enquiries are to be made only on
a few minor points, it would be a waste of public funds to send an Officer of one Branch to a
far-off place for investigation. If, however, there are large number of points on which the
investigation is necessary or if the Investigating Officer alone can take a comprehensive
view of the points at issue and make proper enquiries on them, it would be worthwhile to
send the Investigating Officer to the places concerned for such enquiries
14.32 Requests for part investigation received from the other Branches should receive
prompt and adequate attention. The part-investigation should be completed within one
month of the date of its receipt by the Branch concerned.
14.33 In order to know the whereabouts of the IOs, who go out of their jurisdiction for
investigation and to ensure that they get proper assistance, they should report to the SP/DIG
of the Branch where they go for enquiry/investigation. Such IOs should also intimate to the
Branch SP the place where they would be residing during their tour. Whenever an I.O.
visits the city where the office of the Regional DIG is situated, he must meet the DIG of the
concerned Region or Zone for instructions, if any.
14.34 When a case has been taken over by CBI, no other Officer or Department will have
the right during the course of investigation to examine the records in the possession of CBI,
except with the permission of the Superintendent of Police of the Branch concerned. When
the other Government Departments like Income-Tax and Enforcement Directorate etc.
request to see the documents in the possession of CBI for any official purpose, they may be
permitted to do so by the SP in the presence of the I.O. incharge of the case or any other
responsible Officer of the Branch.
Refusal/Withholding of Passport
14.35 If during the course of investigation or in cases where charge sheet has already been
filed in Court, it is desired by the SP of the CBI Branch to ensure that the passport facilities
are not granted to the accused under investigation/ trial or the passport already issued may
be impounded, the SP should send a recommendation in the said regard to the Ministry of
External Affairs through the H.O. of CBI. In this context, the provisions of Sections 6 and 10
of the Passports Act, 1967, should be borne in mind. Vague grounds such as "public
interest" would not suffice. All proposals for refusal/impounding of passport should contain
complete details of the person to whom the passport facilities are to be refused. This should
include full name, father's name, date of birth and his full address etc. Requests for
temporary suspension of Passports shall be routed through the Deputy Director
(Coordination) of CBI at New Delhi.
Registration of Non-Cognizable Offences
14.36
Investigation into the non-cognizable offences should be taken up only after
obtaining permission of the Magistrate of competent jurisdiction. When a Special Magistrate
for CBI cases, who is competent to give such permission, is not available, the required
permission should be obtained from the Magistrate in whose jurisdiction the offence was
committed or from the Chief Judicial Magistrate.
14.37 The result of enquiry/investigation in every case shall invariably be communicated to
the Ministry/ Department/ Undertaking concerned. A Closure Report should contain sufficient
details to enable the Court to appraise as to why the case has been closed.
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Measures to avoid Delays in Investigation
14.38 The following measures may be taken to prevent delay in the investigation of
cases:–
(i)
As soon as the case is registered and, in those cases in which searches are to
be conducted, as soon as the searches are completed, a checklist should be
prepared of all the authorities, including banks, from whom documents are to be
seized. Requisitions for these documents should be issued within a week after
registration of the case or after completion of searches, as the case may be.
(ii)
Thereafter, reminders may be sent at regular intervals to the authorities
concerned, till the documents are recovered. However, in case the documents
are not received in a reasonable time, necessary steps may be taken to seize
the same under the relevant provisions of law.
(iii)
If during the investigation, further documents are considered essential,
requisitions for such documents should also be issued immediately.
(iv)
As soon as the documents are obtained, the Branch SP should fix a target date
for scrutiny of the same and submission of the scrutiny report by the I.O.
Urgent investigations, which may be required to be done even during the
scrutiny of documents, should also be completed by the I.O. in the
meantime.
(v)
As soon as the scrutiny of documents is over, the SP should ensure that
witnesses are examined in a planned manner. It should be ensured that the
statements of the complainant, trap witnesses, eyewitnesses in murder cases
etc. whose evidence is of an important nature are recorded without any delay.
(vi)
Photocopies of the documents to be sent to the expert should be prepared and
the original documents sent to the expert as early as possible. Material
witnesses, whose evidence is connected with the documents, should be
examined with reference to the original documents. The transmission of
documents to the expert need not await the completion of the field investigation.
While inspecting branches, the DIsG should specifically check if these
instructions have been complied with by the branches.
(vii) When the investigation of a case is over, the SP should set reasonable
deadlines for the I.O. to submit his FR-I.
(viii) In some cases, investigations are stayed by the Courts, on Writ Petitions, etc. In
every such case of stay, certified copy of the order should be applied for
immediately and an appeal against the stay order be filed invariably. Action in
this regard should be taken on top priority basis at every stage, as this is a
matter which involves limitation. It should also be borne in mind that once the
limitation passes; nothing can be done thereafter till the Writ Petition is
disposed of. In this context, it should be borne in mind that in case AIR 1985SC-1668, the Supreme Court has discouraged the practice of Courts in
interfering with the investigation of cases.
(ix)
When a sanction order has been requested for, periodical D.O. reminders,
should be issued to the Competent Authority to ensure that the order is
obtained early. In appropriate cases personal meetings should also be
arranged for obtaining the sanction order early.
Prescribed Time-Limits
14.39 The necessity of prompt investigation by the I.O. cannot be over-emphasized. It
should ordinarily not take more than 3 days for PEs as well as RCs to be registered after
receipt of H.O. orders at the Branch. A Preliminary Enquiry must be completed in a period of
three months and Regular Case within 12 months. The IOs and SsP will be responsible for
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the completion of investigation within the prescribed time limits. However, in complicated
cases like those of disproportionate assets longer time limit exceeding one and a half year
may be fixed by the SP. Any further extension in the time-limit, which shall not exceed six
months may be granted by the next level of Supervisory Officer. The SP should ensure that
the Investigation Reports are prepared as expeditiously as possible by the IOs and the Law
Officers offer their comments soon after submission of the FR-I. Likewise, the SP and the
DIG should also offer their own comments within a week. The Head Office orders on FRs
should generally be passed within 15 days. Preparation of SP's Report should not generally
take more than a fortnight. It should be prepared by the SP carefully and meticulously giving
all details in clear and comprehensive manner. At the DIG level it should not take more than
7 days to forward the SP’s Report to the Department concerned. The time-limit for filing
charge sheet shall be 15 days from the date of receipt of sanction for prosecution from the
Competent Authority except in complicated cases involving voluminous documents where
the said time-limit could be one month.
Impersonation of CBI Officers
14.40 Whenever any incident is noticed by the Branch SP that some unscrupulous
person(s) had misbehaved or demanded or obtained favour of different kind from any public
servant or private party by posing as CBI Officers, the following action should be taken:–
(i)
In every instance, a case under the appropriate section of law should be got
registered immediately with the local Police. The Branch should personally
follow up these cases with the State Police authorities and have the cases
investigated and tried expeditiously. In important cases the investigation
should be taken over by CBI in consultation with the State Police authorities.
(ii)
The local Police chief concerned should be requested to give wide publicity
through the Press/Radio/TV etc. about such incidents and the action taken
therein.
Handing over Charge of Documents
14.41 When a CBI Officer retires from service or is repatriated to his parent department or
is transferred from one Branch to another, the Superintendent of Police of the Branch shall
issue an order requiring the Relieved Officer to hand over all original seized records to the
Malkhana of the Branch and all other documents relating to cases under investigation,
pending trial or pending Departmental action and any other documents, to another Officer
of the Branch named for the purpose. The relieved Officer shall prepare four copies of the
detailed charge report and of all the documents in his charge, which he hands over to the
nominated or Relieving Officer. Both the relieved and the relieving Officer will sign these
charge reports and the Superintendent of Police of the Branch will countersign the same.
Thereafter, the SP shall keep one copy in his personal confidential almirah, one copy shall
be retained by the Relieved Officer and one by the relieving Officer. The fourth copy shall be
deposited with the Malkhana Officer. These reports will be kept in yearly files with an index
showing the name of the relieved Officer, the name of the Relieving Officer, the date of
handing over of the documents and the page reference of the report so filed.
Investigation abroad
14.42 In cases where accused person(s) have escaped from the country after committing
the crime or part of the crime has been committed abroad or the witnesses and other
material evidence are available in a foreign country, it may be necessary to conduct
investigation abroad. While informal information/material may be collected through Interpol
and diplomatic channels, formal investigation to collect evidence and gather material
objects/documents may be conducted through formal ‘Letter of Request’ (Letters Rogatory)
sent through a competent Court under provisions of 166-A of the Criminal Procedure Code.
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Our diplomatic missions abroad do not have any power to conduct investigation. They can
only help the Investigator to get information of formal nature. However, they must be kept
informed of all requests whether moved through Interpol or through legal channels by way of
Letters Rogatory.
14.43 However, some countries do not insist for a Letter of Request (Letters Rogatory) from
the Court for conducting investigation in their country. In such cases, a note on relevant facts
along with points on which the investigation is required to be conducted and the
questionnaire for examination of any person, if required should be sent to the Interpol Wing
of CBI. For getting investigation conducted through the Interpol, the following points have to
be kept in mind:
(i)
A note/questionnaire/points for investigation should be sent in triplicate.
(ii)
If, the investigation is to be conducted in more than one foreign country, there
should be a separate set of questionnaire/points for investigation in each
country.
(iii)
A separate questionnaire should be prepared for each witness/person unless all
the witnesses/persons are required to be examined on the same points.
(iv)
Note/questionnaire/points for investigation should be clear and specific.
(v)
The questions should be brief and to the point.
(vi)
Material should be carefully examined and scrutinized by the I.O. SsP
concerned in order to ensure that all the relevant points are incorporated in the
note and the facts and figures given in the note are correct.
(vii) The note and the documents may be accompanied by the translation in the
language of the requested country.
Visit of Police Officers abroad for investigation
14.44 Sometimes, it becomes necessary to send Police Officer(s) from India to foreign
country for the purpose of investigation of a case keeping in view the importance of the case
and the complicated nature of offences under investigation.
14.45 CBI Officers or other Indian Police Officers have no Police powers in a foreign
country. Any action by Indian Police Officers on a foreign land may amount to interference in
the sovereignty of that country unless some required formalities are observed.
14.46 When it is considered necessary to send a team of Officers abroad, the National
Central Bureau (Interpol) of that country may be requested through the Interpol Wing of CBI
and the Competent Authority of the country through the diplomatic channels for taking
necessary permission/approving visit of the Police Officers to the concerned country.
14.47 The visit or investigation abroad must not start before the required permission is
received. Some countries do allow exception to this rule in urgent cases but in such cases
while, sending Investigators, requested country should be informed through the Interpol/
diplomatic channels as regards intended visit of the Investigators to that country. The
following information needs to be sent through Interpol CBI before sending the investigation
team abroad:–
(i) A brief note detailing the reasons for sending the team, details of the actions
required to be performed in the requested country i.e. obtaining the information
for investigation purpose, taking statement from suspects or witnesses and
seizure of property etc. It would enable the authorities to assess whether the
request is justified. The requested country may have to obtain prior approval
from their judicial authorities or from the other authorities concerned before
granting permission for the visit of our Officers to that country.
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(ii) All available particulars about identity or particulars of the person to be
questioned, the nature of the property to be seized and where it is likely to be
found should also be given to the requested country to make all necessary
preparations.
(iii) Information about penal offence to which mission relates. It may include legal
definition of the offence, summary of the facts, all available particulars about
identity of the alleged offender and his nationality. This would enable the
authority in the requested country, to examine whether the offence, in question,
would constitute the penal offence in the also requested country.
(iv) Whether Article 3 of the ICPO (Interpol) Constitution or some other legal
provision restricting international cooperation is attracted and whether it could
be subject of criminal proceedings in the requested country, e.g., because the
offence was committed in its territory or by one of its citizen.
(v) Exact date and duration of the mission.
(vi) Information about the investigators, their names, rank and language used by
them.
14.48 Apart from the above, any other relevant information which might lead to legal or
practical problems in the requested country, must also be mentioned, such as:–
(a)
Any items/material objects, which the Investigator wishes to bring along with
him, requires special permits from the requested country or which may
otherwise amount to breach of certain regulations in the requested country.
These items could be such as firearms etc.
(b)
In case, the Investigator wishes to bring with him a suspect under arrest, which
would normally have to be released on arrival in the requested country.
(c)
Investigator wishes to bring with him a suspect (not under arrest) or other
person, e.g., witness, who might be subject to arrest warrant in force in the
requested country.
14.49 After the team reaches the foreign country, the investigation will be done by the local
Police or local law enforcement authorities under their own procedural laws and the visiting
Officers will provide all necessary assistance and guidance to them.
Letter of Request (Letters Rogatory)
14.50 Prior to 19th February 1990, there were no legal provisions in the Code of Criminal
Procedure (Cr.P.C.) for issue of Letter of Request (Letters Rogatory) for carrying out
investigation in the country or place outside India, and also to provide similar assistance to
the Court or authority outside India for carrying out investigation in India. However, with
effect from 19-2-1990, Section 166-A and 166-B (Chapter-XII) were introduced in the Code
of Criminal Procedure through the Cr.P.C. (Amendment) Act, 1990, which prescribed the
procedure for getting investigation conducted abroad or extending similar assistance to the
other countries.
14.51 Ministry of Home Affairs, vide S.O. 444(E) has notified that a Letter of Request
(Letters Rogatory) from any Criminal Court in India referred to in sub-section 1 of Section
166-A of the Cr.P.C. shall be sent through Interpol Wing of CBI, New Delhi for transmission
to the concerned country or place outside India through the diplomatic channels.
14.52 The Ministry of Home Affairs vide S.O. 445(E) have further notified that all evidence
collected or taken under sub-section (1) of Section 166-B of the Cr.P.C. or authenticated
copies thereof or the thing collected during investigation shall be forwarded by the
Magistrate or by the Police Officer, as the case may be, to the Ministry of Home Affairs for
transmission to a Court or authority in a country or place outside India through the diplomatic
channels.
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14.53 No request for issue of Letter of Request (Letters Rogatory) to any Court will be
made by CBI without prior clearance of the Central Government. Thus, in case it is
considered necessary to get a Letter of Request (Letters Rogatory) issued, a report has to
be sent to the MHA through Head Office for obtaining approval of the Government before
filing an application in the concerned Court.
14.54 When a LR is required to be got issued, a reference may be made to Interpol Wing,
CBI to ascertain the name of the Competent Authority and also the requirement of the law of
requested foreign country to take up such requests, language in which the request is to be
translated along with documents accompanying the request. It may also be found out
whether we have any legal mutual assistance treaty, agreement, memorandum of
understanding or arrangement with the requested foreign country and the requirements
thereof. Some countries have the requirement of obtaining an undertaking from the
Government of India to assure reciprocity. The principle of dual criminality is relevant in
most of the foreign countries and it is to be ensured that this requirement is duly met.
14.55 After obtaining approval of the Central Government, an application may be filed in the
Court of competent jurisdiction for issue of Letters Rogatory to the concerned competent
authorities in the requested country. The application should contain the following:–
(i)
A self-contained brief facts of the case, allegation and particulars of the
offences committed and the role of the authorities, who are required to be
examined in the foreign country.
(ii)
Particulars of the witnesses to be examined, their identity and nationality.
(iii)
Description of the documents/articles to be collected.
(iv)
Separate questionnaire for examination of each witness.
(v)
Relevance of examination of witnesses and collection of documents to the
investigation of the case.
(vi)
Copies of the sections of law constituting the offences under investigation in
India and the equivalent laws of the requested country disclosing the dual
criminality in the request.
(vii) Provisions of the memorandum of mutual assistance and treaty etc. providing
for such assistance by the requested country .
(viii) Compliance of all the requirements of the requested country.
(ix)
A declaration that the case under investigation is not of political,, military, racial
or religious character.
(x)
Assurance of reciprocity for countries with whom no treaty for mutual
assistance is in place.
14.56 The Court in India will take a decision to issue the Letter of Request as prayed for
and will issue the Letter of Request addressed to the competent authorities of the requested
country. The Letter of Request will contain the material showing competence and jurisdiction
of the issuing Indian Court, identity particulars, brief facts of the case, name of the accused,
relevant legal provisions and their description and the punishment prescribed. It may be
mentioned that as per Indian Law, it is not necessary to give any notice to the accused either
before issuing the Letter of Request or before examining the same. In certain countries like
USA their law requires that a notice has to be given to the accused while collecting the
evidence during investigation and the evidence collected without observing their procedure
may not be allowed to be entered against the accused in that country.
14.57 When the assistance is sought to collect or prove documents by some witnesses in
the requested country, our requirement should be clearly stipulated.
14.58 The competent Court may be requested to incorporate the following points in the
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Letter of Request (Letters Rogatory):
(i) The law of (MoU/Treaty) the foreign country concerned regarding mutual legal
assistance in criminal matters. In case we have a treaty/
agreement/MoU/arrangement with the requested country relating to the
mutual legal assistance, the LR has to be prepared in accordance with such
treaty/ agreement/ MoU/ arrangements.
(ii) The fact that both India and the requested country are members of International
Criminal Police Organization (ICPO) and the Constitution of ICPO provides
for mutual assistance in criminal matters.
(iii) A declaration that the request is not of political, religious, military or racial
character in nature.
(iv) Undertaking by the Government of India that evidence collected will be used only
in the case in which the request is made in the form is prescribed by the
concerned countries, if there is any such requirement.
(v) The dual criminality by sending the copy of the relevant laws in India with the corresponding
laws of the requested country.
(vi) An assurance of reciprocity of the arrangement as per bilateral agreement, treaty
and our law may also be given in the request. It may also be mentioned that
reciprocity for mutual assistance in the investigation of any criminal case, if
required by the requested State can be provided in terms of Section 166-B of
the Code of Criminal Procedure .
(vii)The request and the documents enclosed to the Letter of Request are required to
be translated in the language of the requested country, if there is any.
(viii)
The documents, photographs and objects, if enclosed with the Letter of
Request, should be clearly marked and referred to in the request to enable
the requesting Judicial Authority abroad to know clearly what is required to be
done with them.
(ix) A copy of the First Information Report and also a copy of the relevant legal
provisions should be enclosed.
(x) All the papers enclosed must be legible so as to avoid unnecessary
correspondence and delay.
(xi) The request may be made as briefly as possible.
(xii)It may be mentioned in the LR that while conducting investigation in the
requested State, the statements of witnesses may be recorded as per the
requirement of law and procedure in vogue in the requested State and duly
authenticated by the Officer recording the same. The documents be collected
in original and in case the concerned authorities are unable to part with
original documents, true copies duly authenticated in the manner of
certification provided in the law of the requested State be supplied. Each such
certificate would be required to be countersigned by the Competent Officer of
Embassy of India in the requested State in the manner followed in that
country. In India, the documents certified in the aforesaid manner are
admissible as per provisions of Section 78 of Indian Evidence Act, 1872. The
text of Section 78 of the Indian Evidence Act, may be enclosed.
(xiii)
In case it is considered essential that an Officer of CBI may remain present
during execution of the Letters Rogatory, it may be mentioned in the LR that
an Officer would be deputed by the Director, Central Bureau of Investigation
to assist the concerned authorities in the requested country in collection of
documents and recording of statements of the concerned persons.
(xiv)
It is always useful to have the LRs neatly bound for an impressive
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presentation abroad. At least four copies of the Letter of Request be
prepared including the original and sent to the Interpol Wing of CBI, who will
arrange to forward the same to the requested country through the diplomatic
channels. Submission of four copies of the LRs facilitate quick processing of
the same in different offices. Care must be taken to ensure that the requests
made in the LRs are to the point and specific because no country allows any
fishing extradition in the execution of LRs. A copy of speaking order of the
Court showing application of his mind in issuing the LR shall also be
forwarded along with the LR to the requested country.
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CHAPTER 15
OBTAINING DOCUMENTS FROM AUDIT OFFICES AND
EXAMINATION OF DISPUTED DOCUMENTS
BY G.E.Q.D.
OBTAINING DOCUMENTS FROM AUDIT OFFICE
Instructions of Auditor-General
15.1 During the course of investigation in CBI cases, it is sometimes found that certain
documents having a bearing on the case, are in the possession of Audit offices and that it is
necessary to inspect them or take them into possession or get them technically examined.
In order to ensure that the investigation in such cases is not hampered in any manner, the
Government of India, in consultation with the Comptroller and Auditor-General of India, have
laid down the procedure detailed in the succeeding paragraphs, which is to be followed in
such cases.
Inspection of Documents in Audit Office
15.2 Original documents will be made available to the Investigating Officer freely at the
Audit Office for perusal, scrutiny and copying, including the taking of photostat copies. In a
majority of cases, the facility of inspection of documents within the Audit Office and the
taking of copies (including photostat copies) will be found to be adequate for the purpose of
investigation. Even where the original document is to be shown to a witness during the
process of investigation, it would be possible in many cases to do so at the Audit Office.
In order to obtain the original documents filed by the Department/Public Sector
Undertakings, including the Banks in the Courts in civil matters, we may approach the
Department/Public Sector Undertakings to file photostat copies of the documents in the
Courts and make available the original records to the CBI for expediting investigation in the
connected cases.
Procedure in cases where Audit Documents are to be examined by the G.E.Q.D., etc.
15.3 During the course of investigation, the CBI requires the opinion of the G.E.Q.D. on
certain documents. The Investigating Officer will furnish to the Audit Officer, a list of the
original documents in the latter’s possession on which the opinion of the G.E.Q.D. is
required. While making a reference to the Audit Officer to forward the documents to the
G.E.Q.D., the Investigating Officer should indicate the particular points on which the opinion
of the G.E.Q.D. is being solicited. The Investigating Officer should also do the ‘Q’ or ‘A’
markings, as the case may be, in the Audit Office itself before the documents are sent to the
G.E.Q.D. A copy of the letter to the Audit Officer will be sent direct to the G.E.Q.D. The
Audit Officer will thereupon forward the documents in question direct to the G.E.Q.D. and will
refer to the Investigating Officer’s communication in his forwarding letter so as to enable the
G.E.Q.D. to link the documents with the concerned Police case. The G.E.Q.D. will, after
examination of the documents, indicate his opinion to the Investigating Officer and return the
documents direct to the Audit Office. Detailed instructions about transmission to the
Government Examiner of Questioned Documents are reproduced in Annexure 15-A of this
chapter.
Procedure for obtaining Original Audit Documents for Investigation
Page 133 of 133
15.4 There may be some very exceptional cases in which mere inspection of the
documents at the Audit Office or examination by the G.E.Q.D. will not be adequate and it
may be necessary to obtain temporary custody of the original documents to proceed with the
investigation. CBI Officers should not take recourse to Section 91 Cr.P.C. for this purpose.
In each such case, the matter should be reported to the Head Office. The Head Office, after
carefully examining the request and satisfying itself that there is sufficient justification for
obtaining the original documents, will refer the matter to the Accountant-General concerned
with the request that the original documents may be handed over or sent to the Investigating
Officer. The concerned Special Inspector-General of the CBI (JD) will personally request the
Accountant-General concerned to make available the original records to the CBI for
investigation. It should be expressly mentioned in the requisition that copies, including
photostat copies, would not serve the purpose of investigation. The Accountant-General
concerned will then arrange for the required documents to be handed over or sent to the
Investigating Officer as early as possible after retaining photostat copies. The responsibility
for preparing photostat copies will be that of the Audit Office.
Documents in the Possession of Treasury Offices, etc.:
15.5 There may be cases in which the documents might not have been forwarded to the
Audit Office but may still be with the Treasury Offices or other Departmental offices who
render accounts directly to the audit office. In such cases, the following procedure should be
adopted:–
(a)
In cases where it is considered that the documents need not be seized
immediately, the Investigating Officer should make a list of the documents and
request, in writing, the Treasury Officer, etc., to forward the documents
mentioned in the list in a sealed cover to the Head of the Audit Office and to
intimate the addressee that the documents are required by the CBI and to
obtain a written acknowledgement from the Treasury Office etc. for the receipt
of the requisition and the list. The documents should, thereafter, be obtained
according to the procedure prescribed for taking into possession documents
form the Audit Office.
(b)
In cases where it is considered necessary that the documents should be seized
immediately, the Investigating Officer should make a written request together
with the list of documents and obtain delivery thereof from the Treasury Office,
etc. The Treasury Office, etc. will then send an immediate report to the Head of
the Audit Office. In such cases, the Investigating Officers should take
immediate steps to furnish photostat copies to the Treasury Office, etc. for
being submitted to the Audit Office in lieu of the original documents to facilitate
work in the Audit Office.
Documents to be taken into Possession only in Essential Cases
15.6 Original documents should be taken into possession from Audit Offices, Treasury
Office etc. only in cases where it is really necessary. Before making request to the Head
Office to requisition such documents, the Superintendents of Police of the Branches should
satisfy themselves in this regard. If the documents are required for obtaining the confronted
statements of only one or two witnesses, then the witnesses should be taken to the office
where these documents are kept and their confronted statements recorded with reference to
the document(s) in question. No request should be made for the supply of original
documents in such cases. If the documents are, however, to be shown to more than one or
two witnesses in order to obtain their confronted statements and if the witnesses live at
different places, then the Audit Authority concerned may be requested through a
communication from the concerned JD, addressed to the concerned A.G. to make available
Page 134 of 134
the original documents to the CBI. The reasons as to why investigation cannot be
successfully carried out without obtaining the original documents and why copies or
photostat copies cannot serve the purpose of investigation should be clearly mentioned
while making such requests and the Superintendents of Police should verify that the
reasons are correct and justified.
EXAMINATION OF DISPUTED DOCUMENTS BY G.E.Q.D.
15.7 The distribution of workload from the various States among the three units of the
G.E.Q.D. under the Bureau of Police Research and Development at Shimla, Kolkata and
Hyderabad is as indicated below:
G.E.Q.D
5-9-210,
Chirag Ali Lane,
Hyderabad (A.P.)
G.E.Q.D.
Railway Board Building
Shimla-3 (HP)
G.E.Q.D.
30, Gorachand Road,
Kolkata (W.B.)
States of :
States of:
States of :
1. J & K
2. Punjab
3. Haryana
4. Rajasthan
5. Maharashtra
6. Gujarat
7. Himachal Pradesh
8. U.T. of Delhi
9. U.T. of Chandigarh
10. Uttaranchal
11. Branches of the CBI and
other Central Government
Offices in the abovementioned regions
1. West Bengal
2. Bihar
3. Orissa
4. Assam
5 Meghalaya
6. Nagaland
7. Tripura
8. Manipur
9. Uttar Pradesh
10. Madhya Pradesh
11. UT of Andaman &
Nicobar Islands,
Mizoram
12. Arunachal Pradesh
13. Sikkim
14. Jharkhand
15. Chhattisgarh
16. Branches of the CBI and
other Central Government
Offices in the abovementioned regions
1.
2.
3.
4.
5.
6.
Andhra Pradesh
Tamil Nadu
Karnataka
Kerala
U.T of Pondicherry
Laccadive, Minicoy
& Amindivi Islands
7. Goa, Daman & Diu,
Dadra & Nagar Haveli.
8. Branches of the CBI
and other Central
Government Offices in
the above-mentioned
regions
15.8 Central Branches of the CBI may refer their cases to the Government Examiner of
Questioned Documents at Shimla, Kolkata and Hyderabad, according to the proximity of the
States in which the cases are likely to come up for Court trial.
15.9 (i) Apart from the GEQDs, CBI/C.F.S.L. also has facilities of documents examination
at New Delhi and its Branch at Chennai. The examination of disputed documents relating to
cases investigated by ACB, SCB, EOW and BS&FC, Delhi should be referred to
CBI/C.F.S.L., New Delhi. Similarly, the questioned documents relating to cases of ACB,
SCB, BS&FC at Chennai should be referred to Scientific Aid Unit of C.F.S.L. located at
Chennai.
(ii) The cases pertaining to other branches of Delhi wherein the trials are likely to be
conducted within or around the N.C.T., Delhi, should also be referred to CBI/C.F.S.L., New
Delhi.
Page 135 of 135
(iii) The cases pertaining to documents examination also requiring development of
chance prints should be referred to CBI/C.F.S.L., New Delhi as chance prints development
facilities are available in CBI/C.F.S.L., New Delhi.
(iv) All cases requiring documents/handwriting examination of special circumstances
should be referred to CBI/C.F.S.L., New Delhi.
15.10 The questioned documents requiring re-examination and second opinion may be
referred to Director, C.F.S.L., New Delhi for their re-examination by a Board constituted by
the Director, CBI/C.F.S.L.
Types of Examination by G.E.Q.D.
15.11 The following types of examination are carried out by the G.E.Q.D.,
Shimla/Kolkata/Hyderabad who may be consulted, whenever necessary, in the course of
enquiries/investigation
(a)
to determine the authorship or otherwise of the questioned writings by a
comparison with known standards;
(b)
to detect forgeries in questioned documents;
(c)
to determine the identity or otherwise of questioned typescripts by comparison
with standards;
(d)
to determine the identity or otherwise of seal impressions;
(e)
to decipher erased (mechanically or chemically) or altered writings;.
(f)
to determine whether there have been interpolations, additions, or overwritings
and where there has been substitution of papers;
(g)
to determine the order or sequence of writings as shown by cross strokes and
also to determine the sequence of strokes, creases or folds in the questioned
documents where additions are suspected to have been made;
(h)
to detect any tampering in wax seal impressions;
(i)
to decipher secret writings;
(j)
to determine the age of documents and other allied handwriting problems.
When Reference for Opinion should be made
15.12 The G.E.Q.D. requires some time to furnish opinion on cases referred to them.
Therefore, a reference should be made to the G.E.Q.D. as and when all the required
material has been collected. SsP should ensure that there is no delay whatsoever in
referring the case to the G.E.Q.D. It is not necessary to wait until the investigation is almost
complete as this will delay finalization of the case for receipt of the G.E.Q.D. opinion. It has
been noticed that the questioned documents along with the specimen handwritings are
invariably sent to the G.E.Q.D./C.F.S.L. at the fag end of the investigation. As a result, the
investigation remains pending for another 5-6 months till the expert opinion is received.
Original documents are required either for proving these documents by the witnesses or for
proving the handwritings of the accused/suspected persons. Examination of witnesses on
original documents for this purpose should be done soon after the collection of documents
and if the accused or the suspected persons are known, specimen writings should be
obtained simultaneously. Thereafter, the original documents could be sent to the G.E.Q.D.
after retaining their photocopies. Examination of other witnesses, who may have to explain
the contents of the documents, etc., could be done subsequently with the help of
Page 136 of 136
photocopies of the documents. This procedure may be followed unless it is not possible to
do so in peculiar circumstances of a case.
Care of Documents
15.13 The reference made to the Handwriting Expert for
request that grounds of opinion may also be sent along
received without grounds, a communication may
G.E.Q.D./C.F.S.L. for obtaining the same to avoid delay
examining the Handwriting Expert during trial.
opinion, should contain a specific
with the opinion. If an opinion is
be immediately sent to the
in supplying copies thereof or in
15.14 While forwarding the Court summons for evidence of Handwriting Expert, the
reference number of the G.E.Q.D./C.F.S.L. available on the opinion as well as of the
correspondence exchanged with them, should be mentioned in the forwarding letter
addressed to the G.E.Q.D./C.F.S.L. to locate and facilitate the examination of the expert.
______
Page 137 of 137
ANNEXURE 15-A
INSTRUCTIONS REGARDING TRANSMISSION OF DOCUMENTS
TO AND BY THE GOVERNMENT EXAMINER OF
QUESTIONED DOCUMENTS
1. Papers should not be folded
Papers intended for examination by the Examiner should, if possible, be placed flat, either
between blank sheets or thin boards. If too large to allow this being done, they should be rolled
rather than folded. If folding cannot be avoided, care should be taken to refold into the original
folds.
2. Distinguishing marks
All papers should bear a distinguishing mark, such as A.B.C. or (1), (2), (3). Any other writing on
the document should be avoided. In cases of letters sent together with their envelopes or covers,
the envelopes should bear sub-mark or number to the letter it contained. Thus, if a letter is
marked ‘A’ its covering envelopes should be marked A.1. In the case of documents already
entered as Court exhibits the Court mark will, of course, be observed.
3. Stitching or stringing of papers
In stitching or stringing papers together, care should be taken not to mutilate any written portions.
4. Encircling of signatures or portions of writing intended for examination
4.1
In cases where opinion is required on, or the attention of the Examiner directed only to the
signature or a portion of the writing, the particular portion should be clearly indicated by being
encircled by a fine pencil line (black lead or red or blue chalk.) Ink marks should be avoided.
4.2
The encircling should be complete and mere underlines and brackets avoided. If there are
other writings in juxtaposition the dividing line should clearly exclude the outside portions.
Carelessness in this matter causes unnecessary increase of work, and is apt to lead to
mistakes. Special attention should be given in this matter in regard to interpolations, additions
and overwritings, and to signatures on bounds and on the reverse of G.C Notes where there
are other signatures, endorsements and writings.
5. Standards or writing for comparison
5.1
It is advisable to send as many specimens of the handwriting of the suspected person or
persons as can conveniently be obtained. Care should be taken as to the selection of these
standards, and no writing should be charaterized as admitted or genuine, unless it is
absolutely certain that it is so.
5.2
When selecting handwriting for comparison, writings written about the same period as the
documents in question should, as far as possible, be selected. This should be done in case
where already existing writings of the suspect or accused are readily available, whether
contained among correspondence or in books or in registers.
5.3
When taking specimen handwritings of several suspected or accused persons the writing of
each individual should be taken on separate sheets and not on the same sheet. In cases
where a person is required to give several specimens of his signature, it is also advisable to
take each specimen on a separate paper, care being taken to remove the previously written
slips from the sight of the individual when he is writing the other specimens. For the purposes
of obtaining specimen handwritings the matter should preferably be dictated. In no case
should the suspect be allowed to see the document in question. When any lengthy piece of
writing is dictated or given for copy, the actual time taken in writing should be noted and also
the kind of pen used and the position of paper while in the act of writing, i.e. whether laid on a
flat hard surface, or held across the palm, or placed across the thigh or in any other position.
Page 138 of 138
The Officer taking the specimen should state on it the name of the writer, together with the
particulars above referred to, and affix the date of the writing. He should also certify, on the
same sheet, that the specimen was written in his presence.
6. Dating of writings
Admitted writings, if undated, should, if possible, bear on them a pencil entry giving the probable
date of writing, e.g. “Said to have been written in July 1904.” In the same way, if the disputed
document bears no date, the supposed or probable date of writing, or the date of receipt, should
be ascertained and noted.
7. Pen and writing pad
When the writings of a suspected individual are required to be examined, his pen and writing pad.
If obtainable should be sent. In such cases, a piece of paper should be gummed on to the pen
handle containing the name of the writer and a similar label affixed to the pad.
8. Sealing wax impressions
When sending sealing wax impressions for examination, care should be taken in the packing, so
that the wax or lac is not broken in transit by post. A thin layer of cotton placed on either side of
the portion containing the seal impression will afford safe protection.
9. Care of documents of which the age or date of the writing is required
In case where the age of a document is in question, the greatest care should be taken to guard
the document from handling or soiling, and especially to protect it from finger and other marks on
the written characters. In such cases, if the pen and ink pot, said to have been used in the writing,
are available, they should be sent.
10. Covering letter forwarding writings or exhibits
In all cases where papers for examination are despatched to the examiner they should be sent,
carefully packed, by registered letter or parcel post, to his official address in Shimla accompanied
by a memorandum or letter stating:
(a) the languages of the writing;
(b) the number of exhibits sent, giving their distinguishing marks, and other necessary particulars,
indicating separately the documents in question, i.e. those on which opinion is sought, and
the admitted documents with which comparison is to be made, these letters being classified
according to their respective writers;
(c) the question to the Examiner clearly and precisely put, in regard to the particular writings or
portions of writings of which opinion is desired;
(d) particulars of the case, such as title, number, date, names of the complainants and accused
and section under which the charge is laid, together with any remarks as to the circumstances
of the writing and on any other matters or points on which the Examiner should be informed;
(e) if a case has already been instituted, the date fixed for the next hearing with name of Court of
trial.
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CHAPTER 16
TECHNICAL ASSISTANCE IN INVESTIGATION
16.1 During the course of enquiries/investigation, it may become necessary for the
Investigating Officers to seek technical guidance, assistance or opinion of an expert. In this
regard, the C.F.S.L., New Delhi; the GEQDs and the Technical Units of the CBI provide
significant assistance to the Investigating Officers. The Manual describes in detail, the set-up
of these Organizations, their functions and the nature of assistance. These Organizations
are capable of rendering to the Investigation Officers.
16.2 There are certain governmental agencies such as the Chief Technical Examiner’s
Organization attached to the CVC at New Delhi, the Railway Engineering Cell in each Zonal
Railway, Chief Technical Examiner at Army Headquarters, Q.M.G. Branch, Kashmir House,
New Delhi, which also provide technical assistance.
16.3 Details of the working of the Chief Technical Examiner’s Organization attached to the
CVC, New Delhi, may be seen in the Vigilance Manual (Volume-I) issued by the CVC. The
CBI takes the assistance of the Chief Technical Examiner’s Organization attached to the
CVC in cases of irregularities in civil works executed by the Central Public Works
Department and other Departments of the Government of India and Central Corporate
Undertakings except works executed by the Ministries of Defence and Railways, which have
their own Engineering Cells for carrying out such technical examinations. Besides, the
assistance of the Executive Engineer of the CBI and the local C.P.W.D. authorities may be
obtained.
16.4 (a) CBI/C.F.S.L., New Delhi, other CFSLs and GEQDs under the Central
Government are offering scientific services and technical assistance in various fields in
criminal investigation/justice. These institutions are almost self-sufficient in providing
Forensic assistance as per needs of the investigation. A list of CFSLs, State FSLs. and
GEQDs. is given at Annexure 16-A.
(b)
Both State FSLs and CFSLs have most of the following Divisions:─
1.
3.
5.
7.
Biology
Chemistry
Fingerprints
Serology
2.
4.
6.
8.
Ballistics
Documents
Physics
Toxicology
(c)
Apart from the above institutions, a number of allied Forensic Science
Institutions in the country are offering scientific service in the administration of criminal
justice. Some of the important ones are, the Central Fingerprint Bureau under N.C.R.B.,
R.K. Puram, New Delhi, the Controller of Stamps and Stationery, Kolkata, the Serologists
and the Chemical Examiner to the Government of India (Ministry of Health), Kolkata, the
Chief Controller of Explosives, Nagpur, the Deputy Chief Controller of Explosives at Kolkata,
Agra, Mumbai and Chennai, for East, North, West and South circles respectively.
(d) Various IITs and Engineering Colleges, P.W.D., Highway Research Laboratory,
Chemical Examiners and Fingerprint Bureaux in each State can also be contacted and their
services utilized.
16.5 The authorities/organizations that can be approached for specialised technical,
Forensic and other types of opinion noted against each are given in Annexure-16-B.
However, before sending a reference to any institution for analysis, it should be ascertained
whether the required test can be carried out and conclusive opinion given by that institution.
Page 140 of 140
16.6 The CBI Officers may approach Director/C.F.S.L.,CBI, New Delhi for seeking
assistance in those Forensic Science matters that are not covered in the Manual.
Director/C.F.S.L. will arrange the necessary Forensic facilities or advise on the
requirements.
Forensic Medicine Experts
16.7 Most of the Medical Colleges located in various States have Forensic Medicine
Departments. Assistance can be sought from these Departments with reference to study
and interpretation of post-mortem reports, injury reports, inquest reports, etc. A reference
can be made to the D.G.H.S., Ministry of Health, Government of India, Nirman Bhawan, New
Delhi for constituting a team of Forensic Medicine experts for examining important cases of
unnatural deaths (homicides, suicides, accidental deaths), rapes, etc. Such references can
also be made to the following specialized institutions:─
(a)
Medical Superintendent, All India Institute of Medical Sciences, New Delhi
(b)
Medical Superintendent, Safdarjang Hospital, New Delhi.
(c)
JIPMER, Pondicherry.
(d)
Institute of Forensic Medicine, Gandhi Medical College, Bhopal.
(e)
P.G.I., Chandigarh
In all sensitive murder cases, rape cases, etc., it is advisable to take a team of
Forensic Medicine experts for inspection of the scene of crime.
Despatch of Exhibits for Examination-General Instructions
16.8
Great care has to be exercised while collecting, packing and despatching exhibits to
various experts for the purpose of examination/analysis/test or opinion to ensure their
relevancy, continuity, integrity and purity. Each of the concerned organization has a set of
instructions about the manner in which this has to be done. These instructions differ in
certain details according to the nature of the material to be despatched and the type of
opinion required. In general terms, however, it should be ensured that in the process of
collecting, packing and despatch of exhibits to the experts, the identity and the integrity of
the exhibits are kept intact. Where opinion based on comparison is required, sufficient
quantity of control sample should be sent. Responsibility for the safety of the exhibits should
be ensured by the detailed instructions to the messengers carrying the exhibits. Steps
should be taken to eliminate the risk of loss, damage to or substitution of exhibits in transit
and, thereafter, till their production in concerned Court. In the case of perishable articles and
articles liable to quick decomposition, evaporation/sublimation, care should be taken to
preserve them from such transformation. The organizations concerned would advise further,
when contacted, about the manner of despatch etc. of such articles. The identity of CBI
cases, Branch, etc. should always be indicated in the forwarding letters. The CBI Branches
located in respective States should follow the practice prevalent in the State concerned.
Every change in the custody of the consignment should be supported by a receipt to be kept
on record to ensure a sense of responsibility in each person and to pinpoint the responsibility
in the event of loss, etc.
16.9 For DNA Fingerprinting/analysis, CDFD, Hyderabad sends the kits for obtaining
blood samples and, therefore, they may be contacted for advice. The facilities for DNA
analysis are available with C.F.S.L. Kolkata and Chandigarh and would be available with
C.F.S.L., CBI, New Delhi shortly.
Stage at which Exhibits should be despatched to Experts
Page 141 of 141
16.10 (a) In Anti-Corruption cases, Bank Fraud cases and other Economic Offence cases,
in which documents are in question and the opinion of the Document Expert or the
Handwriting Expert is required, the Investigating Officers should first complete the
examination of concerned witnesses to prove the documents and then send the questioned
documents to the expert. Since the examination of documents and tendering expert opinion
takes considerable time, it is necessary that the Investigating Officer attends to the
examination of the relevant witnesses on priority basis and then send the documents for
expert opinion. This holds good in cases of currency notes, building materials and other
articles.
(b) However, in Special Crime cases, especially in offences against body, it will
become necessary to send the exhibits and other articles for examination by various experts
immediately after registration of the case or immediately after taking the exhibits/articles into
possession. In most of the cases, expert opinion will help in the detection of the crime and
arrest of the accused. Therefore, examination of the exhibits at the earlier stages of the
investigation will be necessary.
Need to consult Technical Advisory Units of CBI
16.11 The Technical Advisory Units of CBI provide expert guidance and assistance during
verification/enquiry/investigation in matters relating to accounts, taxation, insurance,
company law, foreign trade, engineering, banking, etc. The Investigating Officers should
make full use of the services being rendered by the Technical Advisory Units of CBI. Such
consultation may commence even at the stage of verification of source information in
appropriate cases. The assistance of the technical experts may be valuable particularly in
the following cases:─
(a)
Disproportionate assets.
(b)
Alleged favour shown in assessment of Income/Wealth-Tax or Estate
(c)
Cases requiring scrutiny of accounts of Railways and P&T.
(d)
Irregularities in the procedure for inviting tenders and their evaluation.
(e)
Evaluation of immovable properties.
(f)
Execution/acceptance of sub-standard work, etc.
(g)
Matters relating to banking transactions, frauds, etc.
Duty.
16.12 The work of the Technical Officers of CBI has been decentralized. The Technical
Advisory Units have since been redesignated as ‘Taxation & Insurance Unit’ under the
administrative control of JD (EOW-II), ‘Foreign Trade Advisory Unit’ under JD/EOW-III,
‘Engineering Unit’ under the administrative control of JD(AC-Headquarter), ‘Banking Unit’
under the administrative control of JD (EOW-IV) and three Technical Units at Mumbai,
Kolkata and Chennai under the administrative control of JD (West), JD (East) and JD
(South) respectively. These three Units are manned by officials having background in
Engineering, Accounts and Income-Tax matters. Besides the Technical Units, services of
Officers from R.B.I., Nationalized Banks and other Departments are requisitioned from time
to time to assist the IOs in the investigation of cases of complicated nature. The services of
the Technical Officers are available to all the Divisions of the CBI. Sanctioned strength of the
Technical Officers along with the distribution of posts and the set-up of the Technical Units
at H.O. and Zonal Offices are indicated in Annexure16-C.
TAXATION & INSURANCE UNIT
Page 142 of 142
16.13 A set-up of Accounts and Income-Tax Unit has been in existence in CBI H.O., which
has since been strengthened and re-designated as Taxation & Insurance Unit. It functions
under the technical and professional supervision of a Senior Technical Officer (Accounts
and Income-Tax). Its Officers are also posted at Kolkata, Mumbai and Chennai. The main
functions of this Unit are to provide technical assistance in the investigation of cases of the
following type:─
(a)
Cases involving accounts, viz, bank accounts, accounts of private
companies/firms, individuals, Insurance companies, public sector undertakings
etc.
(b)
Cases involving Railway and Postal accounts
(c)
Disproportionate assets cases.
(d)
Cases involving assessment of income-tax, wealth-tax, estate duty, etc. and
conduct of income-tax officials.
(e)
Cases which involve sharing of information with a view to enabling the IncomeTax Department to recover the evaded tax and to maintain the record relating
to recoveries and communication of information in this respect to the Branches
to enable them to make necessary entries in the register for recoveries.
(f)
Cases where involvement of Joint Stock Companies or their Directors and/or
Managing Agents is suspected and in which pecuniary benefit has been
derived by them at the expense of the shareholders by either concealing
income or inflating expenses.
(g)
Import and Export cases involving over-invoicing or under-invoicing.
(h)
Cases relating to running of private business by Government servants.
(i)
Other cases in which a request for technical assistance is received through an
Officer of the rank of DIG or above.
16.14 These Technical Units also perform the following functions:─
(a)
to pass on to the concerned DIG, the information which may come to the notice
of the Units against Officers of the Income-Tax Department and other
Departments.
(b)
to pursue C.B.I. cases referred to the Directorate of Inspection (Investigation)
Income-Tax regarding recovery of evaded Income-Tax and to find out the
extent of recoveries made in such cases.
(c)
to maintain liaison with the Directorate of Inspection (Investigation) Income-Tax
in respect of all matters of special interest to the CBI
(d)
to prepare notes for the guidance of CBI Officers with respect to investigation of
cases against Income-Tax Officers and cases of disproportionate assets.
16.15 The Technical Officer (Accounts & Income-Tax) and Junior Technical Officer
(Accounts & Income-Tax) shall perform the following duties with respect to cases entrusted
to them:─
(a)
to check, scrutinize and analyze cash books, ledgers and other records and
statements pertaining to accounts matters;
(b)
to compare, co-relate and point out corroboration or discrepancy in various
records or statements pertaining to a matter under examination;
Page 143 of 143
(c)
to study statements of accounts furnished by suspected or accused persons, to
check and compare them with the relevant records and to prepare critical notes
on them;
(d)
to prepare statements and notes bringing out instances in which fraud,
cheating, misappropriation or criminal breach of trust could be suspected or
established;
(e)
to prepare statements of income, expenditure and assets in important cases
involving possession of disproportionate assets;
(f)
to make suggestions about records, account books, etc. which should be/may
have been taken into possession in connection with a matter under
enquiry/investigation;
(g)
to point out the directions in which enquiries/investigations could be made to
detect concealed assets or to secure additional material, if any, in cases of
fraud, misappropriation, etc;
(h)
to prepare comprehensive and clear reports and statements on matters referred
to them;
(i)
to prepare such other reports or notes as the Senior Technical Officer may
require of them;
ENGINEERING UNIT
16.16 An Engineering Cell has been functioning in CBI HO, which has been re-designated
as Engineering Unit. It functions under the technical and professional supervision of a
Superintending Engineer. It has also been partly decentralised now and its Officers have
been posted at Delhi, Kolkata, Mumbai and Chennai. The set-up at Delhi is under the
administrative control of JD (AC-HQ). At present, a Senior Technical Officer (Engineering),
who is an Executive Engineer, C.P.W.D., is available in the Engineering Unit and he is
assisted by a Junior Technical Officer at the Headquarters. The Senior Technical Officer
(Engineering) with the assistance of Junior Technical Officer (Headquarters) assists CBI
Branches in investigation of cases of technical nature.
16.17 There are four more Junior Technical Officers (Civil), one each in the Metropolitan
cities of Delhi, Mumbai, Koltaka and Chennai. These Junior Technical Officers shall work
under the administrative control of Superintendents of Police of the concerned ACB
Branches and of the Senior Technical Officer (Engineering) at Head Office. In regard to
matters of technical guidance, they shall be under the control of Senior Technical Officer
(Engineering). Whenever the Senior Technical Officer (Engineering) visits the branches, he
shall inspect the work of Junior Technical Officers from the technical point of view.
16.18 The main duties of Senior Technical Officer (Engineering), who functions under the
administrative control of Joint Director (AC-HQ), CBI, are as under:
16.18.1 Administrative:
(a)
to exercise technical supervision and control over the work of the Junior
Technical Officers in the CBI Branches at Head Office and at Metropolitan
City branches as and when posted and submit reports to concerned JD and
JD(AC-HQ);
(b)
to maintain records relating to recoveries from Contractors as a result of his
verification and his advice;
Page 144 of 144
(c)
to maintain various registers and records necessary for the efficient working
of the staff under him;
(d)
to prepare periodical reports/returns on the working of Junior Technical
Officers under him;
(e)
to allot to the Junior Technical Officers, the cases and information referred to
him for advice.
16.18.2 Technical:
(a)
to issue instructions of general nature on technical and professional points to
the technical staff under him;
(b)
to prepare notes for the guidance of the CBI Officers with respect to
investigation of cases involving substandard work/valuation of houses and
other technical matters;
(c)
to maintain liaison with the C.P.W.D., C.T.E. and other Departmental
authorities concerned with the construction works.
(d)
to examine cases taken up by the CBI relating to sub-standard work and to
advise about the records to be seized;
(e)
to scrutinize and give his comments on the seized records relating to notices
inviting tender, approved tenders, acceptance of tender letters in which the
prescribed specifications are laid down, letters of agreements executed by
the Government and the contractor, Measurement Books, work orders, earth
work registers, survey papers, accounts records, including interim and final
bills, audit reports, inspection notes recorded by superior administrative
Officers and other relevant authorities etc;
(f)
to render assistance in verifying information and in investigation of cases
relating to construction work in which technical advice might be required on
certain points, e.g. those relating to ─
1. Cement, concrete, mortar
2. Bricks
3. Stones with regard to size and shape
4. Timber
5. Iron & Steel
(g)
to render technical assistance to the Presenting Officers in Regular
Departmental Action cases and to the Prosecutors in Court cases;
(h)
to attend to other cases in which specific request for technical assistance is
received through Officers of the rank of DIG and above;
(i)
to render assistance and technical advice to the State Police Forces at their
request in the investigation of their cases, after obtaining express permission
of the Director, CBI.
Procedure for utilizing the Services of Senior Technical Officer (Engineering)
16.19 Whenever any Branch/Cell of the CBI has a case under inquiry/ investigation, relating
to execution of sub-standard work or valuation of a house or any other immovable property
in which it is necessary to take the help of the Senior Technical Officer (Engineering) for a
thorough and expeditious inquiry/investigation, a requisition should be sent to him giving the
following information:─
Page 145 of 145
(a) Nature and volume of the work;
(b) Name of the Department to which the work pertains;
(c) Points on which technical assistance is required;
(d) Indication about the gravity and urgency of the matter.
16.20 These details enable the Senior Technical Officer (Engineering) to decide as to
whether his personal services would be required or deputation of a Junior Technical Officer
from the nearest Branch would serve the purpose. It also helps him to fix priorities when
simultaneous requisitions are received or are pending from a number of Branches.
16.21 If the services of the Junior Technical Officer posted in one of the Branches are very
urgently required by any other Branch, the requisition should be addressed to the
Superintendent of Police of the concerned Branch (where the Junior Technical Officer is
posted) with a copy to the Senior Technical Officer (Engineering), CBI.
16.22 While making a reference to the Senior Technical Officer (Engineering), CBI, the
points on which advice, opinion or assistance is sought, should be mentioned very clearly
and specifically. If possible, a brief explanatory note on the issues involved, should also be
sent. All references to the Senior Technical Officer (Engineering) should be made in writing
to avoid any misunderstanding or ambiguity. A list of books, documents and records
connected with the allegations and available with the Branch, should be furnished to the
Senior Technical Officer (Engineering) simultaneously.
16.23 Preliminary evaluation of immovable properties should be got done by the Branches
from the Senior Technical Officer (Engineering), CBI, to avoid infructuous references to the
evaluation cells of the C.T.E./C.P.W.D. For this purpose, the following information should be
collected by the Branch and furnished to the Senior Technical Officer (Engineering):─
(a)
Period(s) of construction;
(b)
Cost of materials and labour wages prevailing at the time of construction of the
building;.
(c)
Drawings of the building;
(d)
Specifications followed for the construction; and
(e)
Other relevant information such as Valuation Report of the Government
Approved Valuer, if available.
16.24 All the Junior Technical Officers shall prepare Quarterly Progress Reports of the work
done by them as per prescribed proforma. One of the duties of the Junior Technical Officer
is to carry out preliminary evaluation of immovable properties according to the detailed note
prepared by the Technical Officer (Engineering), CBI for their guidance for this purpose.
16.25 The Progress Reports shall be submitted to the Senior Technical Officer
(Engineering) through the Superintendent of Police concerned, who will, in his endorsement,
give his assessment. This will help the Senior Technical Officer (Engineering) to judge
whether the output of the individual Junior Technical Officer was sufficient or not.
16.26 Once a case has been allotted to a particular Junior Technical Officer, he will make
all correspondence and send his report on the subject direct to the Superintendent of Police
concerned. He will send two copies of his report to the Senior Technical Officer
(Engineering), who will retain one copy and submit the second copy to the concerned DIG
Page 146 of 146
with his comments/opinion with a view to enabling the DIG to issue further directions to the
Branch concerned.
Reference to C.T.E.
16.27 Preliminary evaluation of a building may be got done by the Technical /Engineering
Unit of the CBI Detailed estimate may be got prepared by the C.P.W.D. or the Chief
Technical Examiner (C.T.E.) of the CVC Whenever a reference is made to the C.T.E.’s
Organization in connection with the valuation of a property relating to any open
enquiry/investigation by the CBI, the following documents relating to the property are
required to be obtained and furnished to the C.T.E.:─
(a)
Site Plan
(b)
Sanctioned Plans of buildings, including evaluations and sections.
(c)
Drainage Plans
(d)
Foundation drawings
(e)
Drawings of R.C.C. Works showing sizes of various R.C.C. members and the
details of reinforcement
(f)
Completion Certificate
(g)
Vouchers for all the payments made in connection with the construction of the
property.
(h)
Contract documents, original or copies, relating to the construction of the work.
(i)
Period(s) of construction of the building.
16.28 The above information is required for original work as well as any subsequent
additions or alterations.
16.29 The complete specifications for various sub-heads of the work (viz. Building work,
Sanitary Installation, Water Supply and Drainage, Electrical Installation, Approach Road,
Compound Wall, etc.) are required to be obtained in writing from the owner with his
signature and forwarded to the C.T.E. The Technical Examiner of the C.T.E shall inspect
the property in consultation with the concerned Branch of the CBI.
Reference to C.P.W.D.
16.30 Reference to C.P.W.D. for the purpose of valuation of any immovable property
should be made on the lines of the procedure laid down for reference to the C.T.E (CVC).
Senior Technical Officer (Banking)
16.31 A Senior Officer from the State Bank of India is attached to the CBI for giving expert
assistance in bank fraud cases. He is under the administrative control of DIG, BS&FC, New
Delhi and functions from the BS&FC, New Delhi.
16.32 The duties of the Senior Technical Officer (Banking) are as under:
(a)
to check and scrutinize records seized in connection with the investigation of
bank fraud cases;
(b)
to give technical opinion in cases involving embezzlement and frauds pertaining
to Banks.
(c)
to tender assistance on other related matters concerning banks, whenever
referred to him by the Head Office.
Page 147 of 147
16.33 In addition to the Senior Technical Officer (Banking) posted in BS&FC, C.B.I., New
Delhi, posts of Senior Technical Officer and other supporting staff have been sanctioned. At
present Officers of the rank of D.G.M.(R.B.I.) / A.G.M.(R.B.I.) and other Nationalized Banks
are working in CBI. on attachment basis. They are posted with JD (EOW-IV), DIG (EOWMumbai) and JD (East). They are bound by service rules of their parent organizations, i.e.
R.B.I. and concerned banks but work under the administrative control of CBI. Their
functions are as under:
(a)
to assist in the investigation as regards complex financial transactions for
tracking the receipts/end use of defrauded funds;
(b)
to examine the technicalities of banks rules/ procedures/ systems/ practices visà-vis the deviations/irregularities committed by the Bank officials or the criminal
angle of the financial transactions;
(c)
to liaison with the banks and other regulatory authorities like SEBI, RBI, Public
Financial Institutions as regards their exposure in the fraud and to assess the
implications of the fraud vis-à-vis the borrowers. This would also involve
collecting financial data, circulars/guidelines relevant to the financial
transactions;
(d)
to examine the credit decisions, proposals of banks as well as suspected
companies as regards the mala fide intentions/commercial decisions, deviations
from the existing norms/systems;
(e)
to attend Court cases selectively to get an idea of the functioning of the legal
system/Court procedures/requirements, etc.;
(f)
to collect and pass on intelligence on the development in the banking/financial
sector which is relevant to the CBI;
(g)
to work in close coordination with senior officials.
P&T Accounts Officer/Accountants
16.34 Arrangements also exist with the P&T Department for the deputation of their
Accounts Officers/Senior Accountants to the CBI for giving assistance in P&T cases. They
perform the following duties:─
(i)
to scrutinize records, account books, etc. seized in connection with the
investigation of important and intricate cases of P&T Department involving
embezzlement, misappropriation, loss of P&T revenue, etc;
(ii)
to give technical opinion in cases involving embezzlement and fraud in P&T
Department;
(iii)
to perform duties of Technical Officer (A&IT) as and when so formally assigned.
Procedure for utilizing the Services of Technical Officers
16.35 Whenever any Unit or Branch of the CBI has a case under enquiry /investigation in
which it is considered necessary and expedient to take the help of Technical Officers for a
proper, thorough and expeditious enquiry/ investigation, a requisition should be sent to the
concerned Senior Technical Officer stating the nature and the volume of work. The name of
the Department to which the case pertains and the points on which technical assistance is
required should be mentioned. The requisition should specifically mention the approximate
period for which the services of an Officer would be required. An indication regarding the
gravity and urgency of the matter may also be given. These details would enable the Senior
Technical Officer to depute an Officer, who is suitable to handle a particular case. It will also
Page 148 of 148
help him to obtain orders from the concerned Joint Director to prioritize when simultaneous
requisitions are received from a number of Branches.
16.36 As and when services of Senior Technical Officer (Banking) are required by a Branch
outside the jurisdiction of concerned Joint Director where Technical Units exist or where
there are no Technical Units in the Zone covering the Branch, a suitable requisition should
be addressed to the DIG, BS&FC, CBI, New Delhi, with a copy to the Superintendent of
Police, BS&FC, CBI, New Delhi. As far as possible, the Branches may seek assistance from
the nearest Technical Unit or the Zonal Technical Unit.
16.37 Where technical assistance is proposed to be taken by a Branch, it would be
advisable to seek such assistance at an early stage of the enquiry/investigation.
16.38 While making references to the Technical Officers, the points on which advice,
opinion or assistance is sought, should be mentioned as clearly as possible. Where
necessary, a brief explanatory note on the issue should also be sent. The tendency to send
the papers for technical assistance with a vague note should be avoided and the assistance
should be taken on specific points only.
16.39 On some points, personal discussion and verbal suggestions about the line of further
investigation may be useful. For this purpose, a meeting may be arranged between the
Technical Officer to whom a particular case is allotted and the Investigating Officer of the
case.
16.40 Once a case has been allotted to a particular Technical Officer, all the related
correspondence should be carried out with him directly by the Superintendent of Police
concerned. Junior Technical Officer should also send his report direct to the concerned SP.
At the same time, the Technical Officer/Junior Technical Officer should send two copies of
the report to the Senior Technical Officer, who will retain one copy in his file and submit the
second copy to the concerned Deputy Inspector General for his information with a view to
enabling him to issue further directions, if any, to the concerned Branch.
Registers
16.41 The Technical Units should maintain a register in the prescribed proforma and enter
the requests received from the Branches according to the dates of their receipt. The
Technical Officers should give opinion in the order of requests received unless, for special
reasons, they are asked to give priority to any particular case. The registers maintained in
the Technical Units should be sent once every quarter to the Technical Officer who should
scrutinize it and submit it along with the similar registers being maintained by him to the Joint
Director, CBI, with his comments.
16.42 Whenever it appears from the facts of a case being handled by the CBI that IncomeTax or any other tax has been evaded, the Branch concerned should invariably make a
reference to the concerned Department at a stage when the interest of the CBI case is not
prejudiced. If there is any doubt regarding the type of cases that can be referred to the
Income-Tax Department and other Departments, the advice of the Senior Technical Officer
should be sought.
Fortnightly Diaries
16.43 The Technical Officers, the Junior Technical Officers and the Accounts Officer (P&T)
will maintain Monthly Diaries as per proforma in respect of the work done by them and these
should be submitted to the Senior Technical Officer. Monthly Diaries of the Accounts Officer
(P&T) should be sent to the Senior Technical Officer (Taxation & Insurance) through the
Superintendent of the Police. The Senior Technical Officer should examine all the Monthly
Page 149 of 149
Diaries and issue such instructions as he may consider necessary. He should also maintain
a Monthly Diary in the same proforma and submit it to the Joint Director, C.B.I.
Progress Reports
16.44 All the Officers working in the Technical Advisory Units should prepare Quarterly
Progress Reports of the work done by them as per prescribed proforma. These Progress
Reports should be submitted to the Senior Technical Officer. The Progress Reports in
respect of the Accounts Officer (P&T) should be sent to the Senior Technical Officer through
the Superintendent of Police, CBI, who should, in his endorsement, mention the period
during which the Accounts Officer (P&T) was on leave or otherwise absent from duty. This
will help the Senior Technical Officer to judge whether the output of the individual Officer
was sufficient or not.
16.45 All the Quarterly Progress Reports will be utilized by the Senior Technical Officer in
preparing the Quarterly Progress Report about the work done by the Technical Division as a
whole. The Quarterly Progress Report of the Division should be submitted in duplicate by
the Senior Technical Officer to the Joint Director, CBI.
Journeys of Staff
16.46 The journeys of all the Technical Officers/Junior Technical Officers outside their
jurisdiction will be approved by their respective Controlling Officers. The journeys of the
Accounts Officer (P&T) outside headquarters shall be controlled by the concerned DIG, CBI.
Similarly, in the case of the Senior Technical Officer (Banking), his journeys outside Delhi
shall be controlled by the DIG, BS&FC, New Delhi or the concerned JD/DIG. Strict check
should be maintained with regard to the necessity of journeys and the duration of halts.
______
Page 150 of 150
ANNEXURE 16-A
LIST OF CFSLs, GEQDs AND STATE FSLs
-A-
CFSLs
ADDRESS
Central Forensic Science Laboratory (CBI),
New Delhi
Director, CFSL,
CGO Complex, Block No.4,
Lodhi Road Post Office,
New Delhi-110 003
Central Forensic Science Laboratory,
Kolkata
Director, CFSL,
30, Gora Chand Road,
Kolkata-700 014.
Central Forensic Science Laboratory,
Hyderabad
Director, CFSL
CFI Campus, Ramanthapur,
Osmania University Campus,
Hyderabad-13
Central Forensic Science Laboratory,
Chandigarh
Director, CFSL,
CFIs Complex, Dakshin Marg, Sector – 36-A,
Chandigarh-160 036.
-B-
GEQDs
ADDRESS
Government Examiners of Questioned Documents,
Shimla
GEQD,
Railway Building, Shimla
Government Examiners of Questioned Documents,
Kolkota
GEQD,
30, Gorachand Road,
Kolkata-700 014.
Government Examiners of Questioned Documents,
Hyderabad
GEQD,
BPR&D, CFI Campus, Ramanthapur,
Osmania University Campus,
Hyderabad-13
-C-
STATE FSLs
State Forensic Science Laboratory,
Tamil Nadu
STATE FSLs
State Forensic Science Laboratory,
Government of NCT of Delhi
ADDRESS
“Forensic House”
30-A, Karmarajar Salai, Mylapore,
Tamil Nadu, Chennai - 600 004
e-mail : [email protected]
website : www.tn/gov.in/tamilforensic
ADDRESS
PTS Colony, Malviya Nagar
New Delhi-110 017.
e-mail : [email protected]
Page 151 of 151
State Forensic Science Laboratory,
West Bengal
37/1/2 Belgachia Road
West Bengal, Kolkata - 700 037.
State Forensic Science Laboratory,
Uttar Pradesh
Post Box No. 9, P.O. Mahanagar,
Lucknow-226 006 (UP).
e-mail : [email protected]
State Forensic Science Laboratory,
Orissa
State Forensic Science Laboratory,
Punjab.
Rasulgarh,
Bhubaneswar-751 010
Orissa
‘A’ Block Mini Secretariat, Sector-9-A
Chandigarh,-160 017. (Punjab)
State Forensic Science Laboratory,
Rajasthan
Shastri Nagar,
Jaipur-302 016
State Forensic Science Laboratory,
Maharashtra
Hans Bhugra Marg, Vidyanagari,
Mumbai-400 098.
State Forensic Science Laboratory,
Manipur
Pangei, Imphal-795 114
Manipur.
State Forensic Science Laboratory,
Meghalaya.
Lumshyiap, Shillong-1
(Meghalaya)
State Forensic Science Laboratory,
Kerala,
Vazhuthacadu, Bank House Compound,
Vallayambalam,
Thiruvananthapuram-10, (Kerala)
State Forensic Science Laboratory,
M.P.
State Forensic Science Laboratory,
Haryana
Civil Lines, Sagar
M.P. -470 001.
Madhubhan, Karnal-132 037.
(Haryana)
State Forensic Science Laboratory,
Himachal Pradesh
Junga, Shimla-173 216
(Himachal Pradesh)
State Forensic Science Laboratory,
Jammu & Kashmir,
State Forensic Science Laboratory,
Jammu Tawi.
State Forensic Science Laboratory,
Bihar
State Forensic Science Laboratory,
Gujarat,
State Forensic Science Laboratory,
Andhra Pradesh,
Dalgatc, Opp. C.D. Hospital, Srinagar
Jammu & Kashmir.
Vikram Chowk, Jammu Tawi
State Forensic Science Laboratory, Assam
Bailey Road, Patna-8,
(Bihar)
New Mental Centre,
Ahmedabad - 380 016.
Red Hills, Opp. : Niloufer Hospital,
Hyderabad - 500 004.
e-mail : [email protected]/
[email protected]
Website: www.apforensiclabs.org
Kahilipara, Guwahati-781 019 (Assam)
______
Page 152 of 152
ANNEXURE 16-B
LIST OF TEST HOUSES AND TEST LABORATORIES AND OTHER TECHNICAL INSTITUTES
AVAILABLE FOR ASSISTANCE IN CBI CASES
Sl.
No.
1
1
2
3
4
5
6
7
8
9
Test House/Laboratory and location
2
Advanced System Integration &
Evaluation Organization
ADE Campus, C V Raman Nagar (PO)
Bangalore - 560 093
Karnataka.
Aeronautical Development Establishment
Suranjan Das Road
C V Raman Nagar (PO)
Bangalore - 560 093
Karnataka.
All-India Institute of Hygiene & Public Health,
110 Chittranjan Avenue
Kolkata - 700 073, West Bengal.
All India Institute of Medical Sciences
Ansari Nagar
New Delhi - 110 029.
Andhra Pradesh Engineering Research
Laboratory, Himayatsagar
Hyderabad - 500 030.
Anthropological Survey of India
27, Jawaharlal Nehru Road
Indian Museum
Kolkata - 700 016 (West Bengal).
Archaeological Survey of India
24, Tilak Marg, New Delhi - 110 001.
Armament Research & Development
Establishment, Armament Post Pashan
Pune - 411 021 (Maharashtra).
Atomic Minerals Division
Deptt. of Atomic Energy,AMD Complex
1-10-153-156, Begumpet
Hyderabad - 500 016
Andhra Pradesh
Areas of specialisation
3
Aircraft Accidents.
Test procedures for new prototype aircraft,
equipment and aircraft materials and to conduct
such tests and trials as may be required.
Hygiene & Public Health.
Different aspects of
medicines and medical
examinations, Forensic Medicine.
Bricks, Cement, mortar store, soil, water etc.
Anthropology
evolution etc.
(Human
Science)
Conventional armaments and explosives.
(a) Radiometric instruments; (b) Analytical
techniques for multi-elemental and ultratrace
levels; and
(c) petromineragraphic characterisation and
mineral beneficiation of radioactive ores &
substances.
(a) Radiometric instruments; (b) Analytical
techniques for multi-elemental and ultratrace
levels; and
(c) petromineragraphic characterisation and
mineral beneficiation of radioactive ores &
substances.
Atomic Minerals Division
Deptt. of Atomic Energy
West Block - 7
R.K. Puram, Sector-1
New Delhi.
11
12
Aviation Research Institute/HAL, Bangalore.
Bank Note Press, Dewas (M.P.)
Aviation related matters.
Counterfeit currency.
13
BCG Vaccine Laboratory
Guindy, Chennai - 600 032
Tamil Nadu.
Bhabha Atomic Research Centre
Trombay
Mumbai - 400 085
.
BCG.
2
Bharat Earth Movers Ltd.
“Beml Soudha
23/1, 4th Main S R Nagar
Bangalore - 560 027
Karnataka.
3
Heavy engineering & equipments.
1
15
races,
Antiques.
10
14
like
Entire spectrum of Nuclear Science and Engg.
ranging from particle physics, nuclear Engg,
isotope technology, nuclear agriculture, computers,
and robotics to information technology and nuclear
medicine.
Page 153 of 153
16
Bharat Electronics Ltd.
116/2, Race Course Road
Trade Centre
Bangalore - 560 001
Bharat Heavy Electricals Ltd.
Corporate Engg. & Product Development
2nd Floor, BHEL House
Siri Fort, New Delhi - 110 049
Bharat Immunological & Biologicals Corp. Ltd,
395, Civil Lines
Bulandshahar
Uttar Pradesh.
Bose Institute
93/1, A P C Road
Kolkata - 700 09
West Bengal.
Botanical Survey of India
P-8, Brabourne Road
Kolkata - 700 001
West Bengal.
Bureau of Indian Standards
Manak Bhavan
9, Bahadur Shah Zafar Marg
New Delhi - 110 002.
CDFD (Centre for DNA Fingerprinting and
Diagnostics),
M/o Science & Technology,
Government of India, ECIL Road, Nacharam
Hyderabad - 500 076.
Cement Corporation of India Ltd.
Core-5, Scope Complex
7, Lodhi Road
New Delhi - 110 003.
Radars,
Defence
Communications,
Telecommunications, Sound and Vision Broadcasting,
Opto-electronics, Solar systems, IT products and
Electronic components.
Power, transmission, industry, transportation, oil &
gas, non-conventional energy sources and
telecommunication.
24
Cement Research Institute (NDSE),
New Delhi.
Cement, Sand, Aggregate, concrete.
25
Central Agricultural Research Institute
Port Blair - 744 101
Andaman & Nicobar Islands
Central Building Research Institute
Roorkee - 247 667
Uttar Pradesh
Central Drug Research Institute
Chattar Manzil Palace
Post Box No. 173
Lucknow - 226 001 (Uttar Pradesh)
Central Drugs Laboratory
3, Kyd Street
Kolkata - 700 016
West Bengal
Central Electrochemical Research Institute
CECRI Nagar
Karaikudi - 623 006
Andhra Pradesh.
Agriculture & Fisheries.
17
18
19
20
21
22
23
26
27
28
29
1
30
31
32
2
Central Electronics Engineering
Research Institute
Post Bag No. 1
Pilani - 333 031
Rajasthan.
Central Electronics Ltd.
4, Industrial Area
Sahibabad - 201 010
Uttar Pradesh.
Central Food Laboratory
3, Kyd. Street
Drugs related to chemicals and toxicology.
Medicine & biotechnology.
Microbiological and chemical tests of floral plants.
Weights, measures.
DNA Test.
Cement production, quality and related aspects of
cement.
Testing of paints, soils,
water,
aggregates,
Timber, steel, cement, concrete, bricks etc.
Analysis & Testing of Chemicals and Drugs.
(Ayurvedic, Unani, Sidha and Homeopathic
Medicines are not tested).
Analysis & Testing of Chemicals and Drugs.
(Ayurvedic, Unani, Sidha and Homeopathic
Medicines are not tested).
Corrosion
Science
and
Engineering,
Electrochemical
Materials,
Electrodes
&
Electrobiology, Electrochemicals, Batteries & Fuel
Cells. Industrial Metal Finishing and Hydro & Pyro
Metallurgy.
3
Semiconductor Devices, Microwave Tubes,
Electronic Systems and Product Engineering.
Electronic goods and devices.
Quantitative and qualitative analysis of foodgrains,
fodder, cereals, Oils etc.
Page 154 of 154
33
34
35
36
37
38
39
40
41
42
43
44
45
Kolkata- 700 016.
Central Food Technological Research Institute
Chaluvamba Mansion
Vaniilas Mohalla
Mysore - 570 013
Karnataka.
Central Fuel Research Institute
P.O. FRI
Dhanbad - 828 108
Jharkhand.
Central Glass and Ceramic Research Institute,
P.O. Jadavpur, Kolkata.
Central Inland Capture Fisheries Research
Institute
Barrackpore - 743 101
West Bengal.
Central Institute for Cotton Research
Post Bag No. 225
Nagpur - 440 001
Maharashtra.
Central Institute for Research on Cotton
Technology, Adenwala Road
Post Bag No. 16640, Matunga
Mumbai - 400 019
Maharashtra.
Central Institute of Fire Research, Roorkee.
Central Leather Research Institute
Adyar, Chennai-20.
Central Mechanical Engineering Research
Institute Mahatma Gandhi Avenue
Durgapur - 731 209, West Bengal.
Central Plantation Crops Research Institute
Kudlu - 671 124
Dist. Kasaragod, Kerala.
Central Pollution Control Board
Parivesh Bhavan
CBD-cum-Office Complex
East Arjun Nagar
Delhi - 110 032.
Central Road Research Institute
Delhi-Mathura Road
CRRI (PO)
New Delhi - 110 020.
Central Soil and Research Material Laboratory
New Delhi - 110057.
Testing and Analysis of Food Quality, foodgrains,
cereals, pulses and oils.
Coal, its quality assessment, Coal preparation &
carbonization, carbon products, Catalysis, Efficient
Energy Systems & Waste utilization, Heavy
Residue Processing & Process Engineering,
Environmental Impact Assessment.
For Analysis and Testing of Glass, and Ceramic
articles.
Analysis and Testing of Fisheries.
Testing samples of cotton & cotton waste.
Testing samples of cotton & cotton waste.
Fire Debris examination and analysis.
Leather examination.
Testing & Evaluation of Automobile & Engineering
Products.
Plantation of crops like coconut, arecanut etc.
Air, water and noise pollution.
Testing of aggregates, Cement, Concrete,
Bitumen, bricks and soils and all building materials.
Testing of bricks, cement, Mortar, Stone, Iron &
Soil and concrete.
46
Central Water & Power Research Station
Pune, Maharashtra.
Testing of Soil, steel & cement.
1
47
2
Centre for Biochemical Technology
University Campus, Mall Road, Near Jubilee
Hall
New Delhi - 110 007.
Centre for Advanced Technology
Rajendranagar
Indore - 452 013
Madhya Pradesh.
Centre for Aeronautical Systems Studies &
Analysis, New Thippasandra
Bangalore - 560 075
Karnataka.
Centre for Artificial Intelligence & Robotics, Raj
Bhawan Circle
High Grounds, Bangalore - 560 001
Karnataka.
Centre for Cellular and Molecular Biology
3
Allergy, Immunology and related Aerobiology.
48
49
50
51
Non-nuclear advanced technologies : Accelerators
and Lasers.
Aeronautical system studies and analysis.
Artificial intelligence, robotics,
Networks and control systems.
Genetics
&
Evaluation,
vision,
Molecular
Neural
Biology,
Page 155 of 155
RRL Campus
Uppal Road
Hyderabad - 500 007
Andhra Pradesh.
Centre for Development of Advanced
Computing, Pune University Campus
Ganesh Khind, Pune - 411 007
Maharashtra .
Centre for Development of Telematics
9th Floor Akbar Bhavan
Chanakyapuri
New Delhi - 110 021.
Centre for Electronics Design and Technology,
B-108, Industrial Area
Phase VIII, S A S Nagar
Mohali -160 050
Punjab.
Centre for Environment & Explosive Safety,
Metcalfe House
Delhi - 110 054.
Centre for Environment Education
Thaltej Tekra
Ahmedabad - 380 054 Gujarat.
Centre for Environmental Planning &
Technology, Kasturbhai Lalbhai Campus
University Road
Ahmedabad - 380 009.
Centre for Materials for Electronics
Technology, Electronics Niketan
(Ground Floor), 6, CGO Complex
Lodhi Road, New Delhi - 110 003.
Chief Chemist, Central Revenue Control
Laboratory, New Delhi
Chief Electrical Inspectors of respective
States.
Cochin Refineries Ltd.
Research & Development Cell
Post Bag No. 2
Ambalamugal - 682 302
Distt. Ernakulam, Kerala.
Biophysics & Biochemistry, Biomedicine
Biotechnology and Cell Biology & DNA Testing.
62
College of Engineers, Guindy,
Chennai.
Testing of Aggregates, timbers, steel, cement,
brick, soil and all building material.
1
63
2
Concrete Association of India
Mumbai.
64
Collectorate of Inspection (Armaments)
Nehru Road, Kirkee, Pune.
Cotton Technological Research Laboratory
Matunga, Mumbai.
(under I.C.A.R.)
Currency Note Press, Nasik Road
Nasik (Maharashtra).
Defence Agricultural Research Laboratory
Post Box No. 40
Goraparao, Haldwani - 263 139
District Nainital, Uttar Pradesh.
3
Testing of Cement, concrete, aggregate, steel.
Yield strength of steel and physical properties of
materials.
Explosives and ammunitions.
52
53
54
55
56
57
58
59
60
61
65
66
67
&
High-performance Networks, Digital Libraries, Web
Technologies, Localization of standard softwares
etc.
Telecommunication,
analysis.
components
and
system
Electronic materials and components.
Explosives/fire/environment
matters.
safety
and
related
Environment and public health.
Environment and public health.
Electronic components and devices.
Narcotics and Psychotropic Substances and Drugs
analysis.
Testing & certification of electrical equipments.
Oil, natural gas and petroleum products.
For testing samples of cotton/ cotton wastes.
Examination of counterfeit currency and security
stamps.
Agricultural products of high altitude, animals and
husbandry.
68
Defence Bio-Engineering & Electromedical
Laboratory
Post Bag No. 9326
C V Raman Nagar ADE Campus
Bangalore - 560 093,
Karnataka.
Evaluation & testing of biomedical equipments.
69
Defence Electronics Applications Laboratory,
Radio
propagation
studies,
surveillance
and
Page 156 of 156
70
71
72
73
74
75
76
77
78
Rajpur Road
Post Box No. 54
Dehradun - 248 001
Uttar Pradesh.
reconnaissance studies.
Defence Electronics Research Laboratory
Chandrayangutta Lines
Hyderabad - 500 005
Andhra Pradesh.
Defence Food Research Laboratory
Jyoti Nagar
Mysore - 570 011
Karnataka.
Defence Institute of Physiology and Allied
Sciences, Prolyn Road
Delhi - 110 054.
Defence Research & Development
Establishment, Tansen Road,
Gwalior - 474 002
Madhya Pradesh.
Defence Research & Development Laboratory
Kanchanbagh, Hyderabad - 500 258
Andhra Pradesh.
Radio propagation studies,
reconnaissance studies.
Defence Scientific Information and
Documentation Centre Metacalfe House
Delhi - 110 054.
Deptt. of Telecommunication, Sanchar
Bhawan
New Delhi - 110001.
Director General of Health Services, Nirman
Bhawan, Delhi.
Directorate of Vanaspati, Vegetable Oils &
Fats, New Delhi.
79
Director-General, Food (Directorate of Storage
and Inspections), New Delhi.
1
80
2
Disease Investigation Laboratory
Ambala - 134 003.
Disease Investigation Laboratory
Kirshi Gyan Kendra
Sohna Road, Gurgaon - 122 001.
81
surveillance
and
Food, toxicology, nutritional and biochemical items.
Physiology, Biochemistry and Nutritions.
To conduct experimental studies of hazardous
chemicals and developing suitable antidotes.
Internet and Intranet support to the Lab,
communication including teleconferencing and
Video- conferencing and Software quality
Assurance.
To provide, reprography (photography, audio, video
presentation materials), translation communication
(e-mail, Internet) and printing services.
Mobile phones, phones & related issues.
Testing of Medicines, Biochemical substances etc.
Examination/testing of edible oils.
Quantitative and qualitative analysis of foodgrains
fodder, cereals, oils etc.
3
Disease/ epidemics.
Disease/ epidemics.
82
Electrical Research & Development
Association
Makarpura Industrial Estate (PO)
P.O. Box No. 760
Vadodara - 390 010, Gujarat.
Electricity and related matters.
83
Electrical Research & Development Centre
A-1, UPSIDC Industrial Area
Dewa - Chinhat Road
Lucknow - 226 019
Uttar Pradesh.
Electricity-related issues.
84
Conducts test on electronic items, its capacity, use
etc.
85
Electronic Research & Development Centre
Agriculture College Coumpund
Shivajinagar, Pune - 411 005
Maharashtra.
Electronic Research & Development Centre
Block EP & GP
Webel Bhavan, Sector - V, Salt Lake
Kolkata - 700 091
West Bengal.
86
Electronics & Radar Development
Radar system engineering, radio trunk system
Conducts test on electronic items, its capacity, use
etc.
Page 157 of 157
87
88
89
90
91
92
93
Establishment, DRDO Complex
C V Raman Nagar (PO)
Post Box No. 9324
Bangalore - 560 093, Karnataka.
Electronics Res. & Dev. and Facilities Centre
1, Udyog Vihar
Gurgaon - 122 016.
Eloectronic Research & Development Centre
Vellayambalam
Thiruvananthapuram - 695 033
Kerala.
Engineering Research Deptt., Red Hills,
Hyderabad.
Engineering Research Institute, Baroda.
Engineers India Ltd.
R & D Centre
Sector - 16
Gurgaon - 122 001
Haryana.
Food Drug and Toxicology Research Centre,
National Institute of Nutrition
Jamia-Osmania Campus
Hyderabad - 500 007
Andhra Pradesh.
(RTS) and radio local system (RLS) for radio
mobile communication system.
Testing of electronic components.
Electronic goods and their capacity, use etc.
Conducts tests and provides opinion on Bricks,
Cement, Mortar, Store, Soil and Water etc.
Conducts test on Aggregates, soil, concrete.
Conducts tests on petroleum products and natural
gas.
Conducts tests on foods in view of drugs and
toxicology
Forest Research Institute, P.O. New Forest,
Dehradun (U.P.).
G.B. Pant Institute of Himalayan
Environment and Development
Kosi-Katarmal - 263 643
Dist. Almora, Uttar Pradesh
For testing of wood like Identity of timber, for decay
etc.
Conducts tests on Himalayan plants and its
ecological impact on environment.
2
Geological Survey of India
27, J L Nehru Road
Kolkata - 700 016, West Bengal
Government Security Paper Mill,
Hoshangabad (M.P.)
High Energy Materials Research Laboratory
Sutarwadi, Armament Post
Pune - 411 021, Mahrashtra
3
Examination/Testing of Soil, Water, sands,
powders, minerals, rocks clays, gems, rare-earths
coal, water, gas etc.
Counterfeit currency and stamps.
98
Highway Research Station, Guindy, Chennai.
For testing Aggregates, cement concrete, bitumen,
brick and soil.
99
Himalayan Forest Research Institute
(Indian Council of Forestry Res. & Edn.)
Press Villa, U.S. Club
Shimla - 171 001, Himachal Pradesh
Hindustan Aeronautics Ltd.
Corporate Office
15/1, Cubbon Road
Bangalore - 560 001
Karnataka
Hindustan Aeronautics Ltd.
Hyderabad Division
Balanagar, P.O. HAL
Hyderabad - 500 042
Andhra Pradesh
Hindustan Aeronautics Ltd.
Lucknow Division
P.B. No. 215
Lucknow - 226 016
Uttar Pradesh
Hindustan Aeronautics Ltd.
Nasik Division
Ojhar Township (PO)
Nasik - 422 207
Himalayan plants and its impact
environment and related matters.
94
1
95
96
97
100
101
102
103
High energy materials & Synthesis of new
compounds.
on
the
Combat aircraft, helicopters, aero engines, gas
turbines, engine
test
beds,
aircraft
communication and navigation systems.
Combat aircraft, helicopters, aero engines, gas
turbines, engine
test
beds,
aircraft
communication and navigation systems.
Combat aircraft, helicopters, aero engines, gas
turbines, engine
test
beds,
aircraft
communication and navigation systems.
Combat aircraft, helicopters, aero engines, gas
turbines, engine
test
beds,
aircraft
communication and navigation systems.
Page 158 of 158
104
105
106
107
108
Maharashtra.
Hindustan Teleprinters Ltd.
G.S.T. Road, Guindy
Chennai - 60 032
Tamil Nadu.
Indian Agricultural Research Institute
New Delhi - 110 012.
Indian Council for Agricultural Research
Krishi Bhawan, New Delhi.
Indian Drugs & Pharmaceuticals Ltd.
IDPL Complex, Dundahera
Delhi-Gurgaon Road
Gurgaon - 122 016, Haryana.
Indian Government Mints,
Mumbai, Kolkata, Hyderabad.
Teleprints/ telecommunication.
Agricultural products and all the aspects of
agricultural field .
Testing of agriculture and Horticulture products.
Drugs/medicines and all the matters relating to
drugs.
Analysis and testing of coins as well as metals
dyes.
109
Indian Institute of Chemical Biology
4, Raja S C Mullick Road
Jadavpur, Kolkata - 700 032
West Bengal
Membrane Biology, Genetic Engineering &
Molecular Biology, Enzymology, Nuclear Medicine,
Bioactive
Compound
Neurophysiology
and
neuropharmacology.
110
Indian Institute of Chemical Technology
Uppal Road, Tarnaka
Hyderabad - 500 007
Andhra Pradesh
Drugs, Agrochemicals, Catalysis & Materials
Science, Coal, Chemical Engineering, Oils & Fats,
Organic Coatings and Polymers.
1
111
2
Indian Institute of Packaging
E-2, MIDC Area
Post Box No. 9432
Andheri (E), Mumbai - 400 093
Maharashtra
Indian Institute of Technology
Chennai.
Indian Institute of Technology, Hauz Khas,
New Delhi.
Indian Institute of Technology, Kanpur.
Indian Institute of Technology, Mumbai.
Indian Oil Corporation Ltd.
Research & Development Centre, Sector-13
Faridabad - 121 007 (Haryana)
3
All the aspects of packaging i.e. materials, space,
weight etc.
112
113
114
115
116
117
118
119
120
121
122
123
124
Indian Plywood Industries Research &
Training Institute
Tumkur Road
Post Bag No. 2273
Bangalore - 560 022, Karnataka.
Indian Space Research Organization
Headquarters, Antariksh Bhavan
New BEL Road Bangalore - 560 094
Karnataka.
Indian Statistical Institute
203, B T Road Kolkata - 700 035
West Bengal
Indira Gandhi Centre for Atomic Research
Kalpakkam - 603 102 Dist. Chengalpattu
Tamil Nadu
Industrial Toxicology Research Centre
Mahatma Gandhi Marg Post Box No. 80
Lucknow - 226 001 Uttar Pradesh
Institute for Plasma Research
Bhat Near Indira Bridge
Gandhinagar - 382 428 Gujarat
Institute of Armament Technology
Simhagad Road Girinagar
Pune - 411 025
Maharashtra
Institute of Himalayan Bioresource Technology
All aspects of Building materials.
All aspects of Building materials.
All aspects of Building materials.
All aspects of Building materials
Oil and its characteristics.
Testing of wood and alternative wood like plywood,
card-board.
All aspects of satellites, launch vehicles and
Sounding Rockets.
Statistics, natural sciences and social sciences.
Fast Breeder Reactor technology.
Neuro-Toxicology, Pesticide &
Toxicologies and Food Additives.
Hydrocarbon
Opinion on medical science (blood, plasma).
High energy materials.
Biotechnology, Biodiversity, Hill Area Tea Science,
Page 159 of 159
125
126
127
128
129
1
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
Post Box No. 6
Palampur - 176 061 Dist. Kangra, Himchal
Pradesh
Institute of Immunohaematology (ICMR)
New Multistoreyed Building
13th Floor, KEM Hospital Campus
Parel, Mumbai - 400 012 Maharashtra
Institute of Life Sciences
301, Sahid Nagar
Bhubaneswar - 751 007
Institute of Microbial Technology
Post Box No. 1304 Sector 39-A,
Chandigarh - 160 014
Natural Plant Products and Floriculture.
Immunohaematology.
Biological aspects of life science.
Biochemical Engg., Microbial Fermentation and
Bioprocess Engg.
Institute of Nuclear Medicine & Allied
Sciences, Lucknow Road
Delhi - 110 054
Institute of Oceanography Panaji
Goa.
Nuclear medicines and allied sciences. Radiation
medicine and allied sciences.
2
Instruments Research & Development
Establishment
Raipur Road, Dehradun - 248 008
Uttar Pradesh
Jadavpur University, Jadavpur, 24 Pargana
West Bengal.
Kerala Engineering Research Institute
Peechi - 680 653 Distt. Thrissur
3
Optical, electro-optical and optronic instrumentation
of surveillance, piloting, navigation, guidance and
target idenfication.
King Institute of Preventive Medicine
Guindy, Chennai - 600 032
Tamil Nadu
Military Engineering Laboratory, Kirkee
Pune.
Ministry of Information Technology
Electronic Niketan, New Delhi- 110 003.
Narcotics Commissioner, Gwalior, M.P.
National Aerospace Laboratories
Post Box No. 1779
Kodihalli, Bangalore - 560 017
Karnataka.
National Botanical Research Institute
Rana Pratap Marg
Lucknow - 226 001
Uttar Pradesh
National Bureau of Animal Genetic
Resources, P.O. No. 129
Karnal - 132 001, Haryana
National Bureau of Plant Genetic Resources,
FCI Building, CTO Complex
Pusa, New Delhi - 110 012.
National Centre for Software Technology
Gulmohar Cross Road No. 9
Juhu, Mumbai - 400 049 Maharashtra
National Chemical Laboratory
Dr. Homi Bhabha Road
Pune - 411 008 Maharashtra
National Council for Cement & Building
Materials
M-10, South Extension-II
Ring Road, New Delhi - 110 049.
National Environmental Engineering Research
Institute
Nehru Marg, Nagpur - 440 020
Maharashtra.
National Facility for Animal Tissue and Cell
Culture, Jopasana, 85/1, Paud Road
Preventive medicines, like vaccine anti-biotics etc.
Analysis of Marine-related issues.
Testing of electrical transformers.
Testing of aggregates, soils, metals etc.
Testing of Aggregates, timbers, steel, cement,
bricks, soil and all building materials.
Computers &
Information Technology-related
issues.
Narcotics and dangerous drugs.
Aerospace Electronics, and Wind Energy.
Environmental Botany,
Biotechnology.
Floriculture
and
Plant
All genetic aspects of animals.
All genetic aspects of plants.
Software Technology.
Chemical analysis of Building Materials and
Chemicals.
Cement & building materials.
Toxic wastes and its environmental impact.
Animal tissues and its related aspects.
Page 160 of 160
146
Kothrud, Pune - 411 029
Maharashtra.
National Institute of Communicable Diseases,
22, Sham Nath Marg
New Delhi - 110 054.
Communicable diseases.
147
National Institute of Immunology
Aruna Asaf Ali Marg
New Delhi - 110 067.
Immunological aspects.
148
National Institute of Nutrition
Jamia Osmania
Hyderabad - 500 007 Andhra Pradesh
Provides opinion on medical science in the field of
nutrition.
1
149
2
National Institute of Science & Technology and
Development Studies
Dr. K.S. Krishnan Marg
New Delhi - 110 012
3
Matters related to History & Philosophy of Science,
Sociology of Science, Information System &
Databases.
150
National Institute of Virology
20A, Dr. Ambedkar Road
Post Box No. 11, Pune - 411 001
Mahrashtra
National Metallurgical Laboratory
P.O. Burma Mines
Jamshedpur - 831 007
Jharkhand
National Physical Laboratory
Dr. K.S. Krishnan Marg
New Delhi - 110 012
National Remote Sensing Agency
Bala Nagar
Hyderabad - 500 037, Andhra Pradesh
National Research Laboratory for
Conservation of Cultural Property
Sector E/3, Aliganj, Lucknow - 226 024
Uttar Pradesh
National Ship Design and Research Centre
Gandhigram, Visakhapatnam - 530005
Andhra Pradesh.
National Sugar Institute, Government of India,
Kanpur.
National Test House, Alipore
Calcutta-27, Branches at Mumbai.
Chennai.
Provides opinion
diseases.
151
152
153
154
155
156
157
158
159
160
161
National Test House, 11/1, Judge’s Court
Road, Alipore, Kolkata.
National Tuberculosis Institute
‘Avalon’
8, Bellary Road Bangalore - 560 003,
Karnataka
Neurological Research Centre
Dispur, Guwahati - 781 006
NIMHANS, Wilson Garden,
Bangalore - 27.
on
virus
and
virus-related
Testing of Bricks, Cement, Mortar, Stone, Iron and
Steel, Quality, Standard, Make etc. of Machinery,
tools, implements etc. (Qualitative analysis only
from metallurgical point of view).
Calibration & testing of standards.
Development of photographs from video tapes,
satellite photos etc.
Antique and cultural properties.
All the aspects of ship designing, ship maintenance
etc.
Testing of Sugar and sugar products.
Testing of Bricks, Cement, Mortar, Stone, Iron &
Steel, Paints, Rubber, Glass and Ceramic articles,
Leather, Soil, water Quality, Standard, Make etc. of
Machinery, tools implements and electrical goods.
General assessment of quality and cost of stores
like furniture, cloth equipment etc. Quality of
stationery, paper etc.
Quantitative test/examination of various materials
and chemicals.
Tuberculosis disease and related issues.
Neuro Science & related issues.
Psychological, Psychiatric analysis,
analysis, behavioural science etc.
emotion
162
North-Eastern Regional Institute for Science &
Technology
Nirjuli - 791 109
Testing of aggregates, soil, concrete etc.
1
163
2
Orissa Remote Sensing Application Centre
Suryakiran Building Complex
3
Satellite and satellite launching, satellite imagery.
Page 161 of 161
164
165
1
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
2nd Floor, Saheed Nagar
Bhubneshwar - 751 007
P.W.D. Research Institute
Lucknow (U.P.)
Physical Research Laboratory
Navrangapura
Ahmedabad - 380 009, Gujarat
Testing of Aggregates, Soil, bitumen, concrete,
bricks.
Analysis and opinion on satellites.
2
Postgraduate Institute of Medical
Educational and Research
Chandigarh - 160 012
Project Directorate of Biological Control
Bellary Road,P.B. No. 2491, H.A. Farm Post
Bangalore - 560 024, Karnataka
PWD Research Institute
Chepauk ,Chennai.
PWD Research Laboratory
Karnal.
Railway Testing Laboratory
Lonavala, District Pune, (Maharashtra).
Raman Research Institute
C V Raman Avenue, Sadshivanagar
Bangalore - 560 080, Karnataka
Regional Directors of Food, Ministry of Food &
Agriculture.
Regional Research Laboratory
Hyderabad (under C.S.I.R.)
Regional Research Laboratory
Canal Road
Jammu Tawi - 180 001, J& K
Regional Research Laboratory
Hoshangabad Road
Near Habibganj Maka, Bhopal - 462 026
Madhya Pradesh
Regional Research Laboratory
Jorhat - 785 006
Assam
Regional Research Laboratory
Pappanamcode, Industrial Estate
Thiruvananthapuram – 695 002, Kerala
Regional Research Laboratory
Sachivalaya Marg
Bhubneshwar - 751 013
Orissa
Research Department Office of the
Chief Engineer (R&D)
All India Radio & Doordarshan Indraprastha
Estate New Delhi - 110 002
Rubber Research Institute of India
Rubber Board
Kottayam - 686 009, Kerala
3
Matter related to Medical Science.
Saha Institute of Nuclear Physics
Sector - 1, Block AF
Bidhan Nagar, Kolkata - 700 064
West Bengal
Semiconductor Complex Ltd.
Phase VIII, SAS Nagar - 160 059
Punjab
Society for Applied Microwave Electronics
Engineering & Research (SAMEER)
CIT Campus, Taramani
Chennai - 600 113, Tamil Nadu
Conducts tests on
Biophysical Science,
Condensed Matter Physics, Material Physics,
Nuclear Science.
Space Application Centre
Jadavpur Tekkra
Ahmedabad - 380 053
Opinion on satellite and its functioning, effect etc.
Provides opinion on the animal diseases.
Testing of Soil concrete and aggregates and all
building materials.
Testing of Aggregate, soil, bitumen, concrete,
bricks.
Testing of Aggregates, timbers, steel, cement,
bricks, soil and all building materials.
Analysis of plants.
Quantitative and qualitative analysis of foodgrains
fodder, cereals, oils etc.
Conducts tests on adulteration of edible oils.
Matters related to Chemical Engg. and Drug
Design
Matters related
Metallurgy.
to
Composites/Alloys
and
Matters related to Agrotechnology, Oil Field
Chemicals, Medicinal & Aromatic Plants, Speciality
papers & boards and Seismic Survey.
Matters related to Minerals, Clays, Coconut
products,
Spices and Processing of Argo
Products.
Matters related to special materials, composites &
alloys, Drugs, Industrial & Perfumery Chemicals,
Medical Plants, Coal & Cement and Paints &
Pigments.
Opinion on Internet related issues, wireless, video
and audio recordings etc.
All the matters relating to rubber.
Opinion on semiconductor and its use, effect etc.
Matters related to microwave engineering.
Page 162 of 162
Gujarat.
1
185
2
State Agriculture Laboratory
Hyderabad.
3
Quantitative and qualitative analysis of foodgrains,
fodder, cereals, oils etc.
186
State Drugs Control & Research Laboratory
2, Convent Lane, Kolkata - 700 015.
Tests and analysis relating of
drugs.
187
State Health Laboratory
Chemical Examiner, Hyderabad.
Analysis of medicines and drugs.
188
Structural Engineering Research Centre
Central Government Enclave
Sector 19, Kamla Nehru Nagar
Ghaziabad - 201 002, Uttar Pradesh.
Computer
Software
Application.
189
Structural Engineering Research Centre
Post Bag No. 8287
Taramani, Chennai - 600 113
Tamil Nadu.
Computer-aided
Designing
and
Structural
Dynamics, including Vibration, Blast & Impact
Studies.
190
Tata Memorial Centre
(Tata Memorial Hospital)
Dr. Ernest Borges Marg
Parel, Mumbai - 400 012,
Maharashtra.
Cancer disease and its related aspects.
191
Technology Development Centre
Raj Bhawan Circle
CAIR Building
High Grounds, Bangalore - 560 001
Karnataka.
Tests/research on technology developments.
192
Terminal Ballistics Research Laboratory
Sector - 30
Chandigarh - 160 020.
Conducts tests relating to high-speed photography,
Oscillography,
Flash
Radiography
and
Shadowgraphy.
193
Vallabhbhai Patel Chest Institute
Delhi University Campus
P.O. Box No. 2101
Delhi - 110 007.
Heart and related aspects.
194
Variable Energy Cyclotron Centre
Sector - 1, Block AF
Bidhan Nagar, Kolkata - 700 064
West Bengal.
Conducts tests relating to nuclear physics and
allied sciences.
195
Vikram Sarabhai Space Centre
Thiruvananthapuram - 695 002
Kerala.
Satellites and related issues.
196
VSNL, New Delhi
(Regional Centre at Kolkata,Mumbai and
Chennai).
Videsh Sanchar Nigam Ltd.
Research and Development
Videsh Sanchar Bhavan
M G Road, Fort
Mumbai - 400 001, Maharashtra.
ISDs, Internet and other modern communication
related matters.
197
West Bengal Vaccine Institute
X 2, Convent Lane
Kolkata - 700 015.
2
Wildlife Institute of India
Post Box No. 18
Chandrabani
Vaccines and related issues.
1
198
for
different type of
Structural
Engg.
3
Wildlife-related issues.
Page 163 of 163
Dehradun - 248 001
Uttar Pradesh.
199
Zoological Survey of India
M-Block, New Alipore
Prani Vigyan Bhawan
Kolkata - 700 053
West Bengal
Biological and chemical tests relating to animals.
N.B.– There are a number of institutes other than the above which offer technical assistance or opinion on a variety of subjects. In
the event of any confusion/doubt, the Investigating Officers may take the advice of the Director CFSL, New Delhi and then
seek technical assistance from a specialized institution.
______
Page 164 of 164
ANNEXURE 16-C
Ref.: (1) Case No.
(2) CBI Branch
(3) (G.R./C.C. No.)
HISTORY OF THE CASE
(Attach separate sheet, if required)
LIST & DESCRIPTION OF EXHIBITS SENT FOR EXAMINATION.
(Write description, how, when & by whom found, source of exhibits etc.)
NATURE OF EXAMINATION REQUIRED
(Questionnaire)
Letter No.________________________
Dated_____________________________
Name, designation of the I.O.
Specimen Seal impression
Forwarded to _______________________________
Encl:____________
Date:_____________
Signature, Seal & Designation
of Forwarding Authority
______
CERTIFICATE
(A certificate to be signed by the competent forwarding authority &
forwarded to the Head of the Laboratory/Institution)
Certified that Director, CFSL, New Delhi has been authorized to examine the exhibits sent to CFSL in
connection
with
the
Case
No.
State
(CBI)_______________________________
v._______________________ under Section(s)_____________________ and, if necessary, to take
them into pieces or remove any portion(s) and to conduct test-firing of cartridge(s) for the said
examination.
Dated ________________
Signature & Designation
of Forwarding Officer
(with seal impression)
Page 165 of 165
ANNEXURE 16-D
DISTRIBUTION OF 70 POSTS SANCTIONED FOR TECHNICAL ADVISORY UNITS AND
RESTRUCTURING OF EXISTING TECHNICAL DIVISION OF CBI
JD (West)
JD (South)
1
1
1
0
0
0
2
Advisor
(equivalent to
SP)
4
1
1
1
1
0
0
0
3
Dy. Advisor
(equivalent to
DSP
10
2
2
1
2
1
1
1
4
Jr. Advisor
(equivalent to
Inspr.
16
3
3
2
2
2
2
2
6
6
6
4
6
2
6
70
1
1
1
1
1
1
1
14
1
1
1
1
1
0
1
13
1
0
1
1
1
0
1
10
1
0
1
1
1
0
1
11
1
1
1
0
1
0
1
8
1
1
1
0
1
1
0
8
0
2
0
0
0
0
1
6
5
6
7
8
9
10
11
Assistant
UDC
LDC
PA
SCS
Daftry
Peon
Sub-Total
JD/ ACHQ
(Engg.
Advisory
Unit)
1
JD/
EOW-IV
BS&FC
(Banking
Advisory
4
No. of
posts
sanctioned
Sr. Advisor
(equivalent to
DIG)
Name of
the Post
1
Sl. No.
JD (East)
JD/ EOW.III
(Foreign
Trade
Advisory
JD/ EOW.II
(Taxation
&
Insurance
Advisory
Sanctioned Technical Posts (70)
Existing Technical Posts (17)
1
Technical
Advisor
(Advisor)
1
0
1
0
0
0
0
0
2
Technical
Officer
(A&I/Tax) Dy.
Advisor)
3
0
0
0
0
1
1
1
3
Technical
Officer
(Banking)
(Dy. Advisor)
1
1
0
0
0
0
0
0
4
JTO (Tax)
(Jr. Advisor)
Ex. Engg.
(Advisor)
Jr. Engg. (Dy.
Advisor)
Inspector
4
0
0
0
1
1
1
1
1
0
1
0
0
0
0
0
5
0
2
0
0
1
1
1
2
0
0
0
0
0
1
1
5
6
7
______
Page 166 of 166
CHAPTER 17
DIRECTIVE ON INVESTIGATION OF CASES BY S.P.E. AND
FACILITIES/COOPERATION TO BE EXTENDED
BY ADMINISTRATIVE AUTHORITIES
INTRODUCTORY
17.1 A set of instructions on the subject had been issued by the Ministry of Home Ministry
in the form of a directive in January, 1954. Separate directives had also been issued by the
Army, Navy and Air Headquarters and the Defence Production Organization of the Ministry
of Defence during 1959 to 1962. The Railway Board have also issued instructions on the
subject from time to time to administrative authorities under their control. The Committee on
Prevention of Corruption recommended that these separate directives should be reviewed
by the Central Vigilance Commission and a single directive should be issued by the Ministry
of Home Affairs in their place. This recommendation was accepted by Government. The
present directive is issued in pursuance of the above recommendation and seeks to
consolidate the instructions issued from time to time by various authorities and describes the
procedure followed by the Special Police Establishment/Central Bureau of Investigation in
the investigation of various cases handled by the agency pertaining to Anti-Corruption,
Special Crimes, Economic Offences and other Acts or laws and facilities cooperation to be
extended to them by the administrative authorities.
FUNCTIONS AND POWERS OF THE SPECIAL POLICE ESTABLISHMENT
17.2 The Special Police Establishment is an agency which has been constituted by the
Government of India under the Delhi Special Police Establishment Act, 1946, to enquire and
to investigate into certain offences or classes of offences pertaining to corruption and other
kinds of malpractices involving public servants with a view to bringing them to book. Section
3 of the Act provides that the Central Government may, by notification in the Official Gazette,
specify the offences or class of offences which are to be investigated by the Special Police
Establishment.
17.3 The Delhi Special Police Establishment Act, 1946 was amended in 1952 to enlarge
its scope and to make it possible for the S.P.E. to investigate offences involving employees
of statutory corporations and other similar bodies in the proper administration of which the
Central Government was concerned, particularly from the financial point of view. Section 5 of
the Act was further amended by the Anti Corruption (Laws) Amendment Act, 1964, to enable
Officers of the SPE, not below the rank of a Sub-Inspector of Police to exercise the power of
an Officer-in-charge of Police Station.
17.4 The Special Police Establishment enjoys with the respective State Police Force
concurrent powers of investigation and prosecution under the Criminal Procedure Code.
However, to avoid duplication of the effort, an administrative arrangement has been arrived
at with the State Governments according to which:
(a)
the cases which substantially and essentially concern the Central Government
employees or the affairs of the Central Government, even though involving
certain State Government employees are to be investigated by the S.P.E. The
State Police is, however, kept informed of such cases and will render the
necessary assistance to the Special Police Establishment during investigation;
and
(b)
the cases which substantially and essentially involve the State Government
employees or relating to the affairs of a State Government, even though
Page 167 of 167
involving certain Central Government employees are investigated by the State
Police. The S.P.E. is informed of such cases and it extends assistance to the
State Police during investigation, if necessary.
17.5 The Central Units under the Anti-Corruption Division and the Special Crimes Division
and Economic Offences Division located at Delhi have All India jurisdiction, and generally
take up only important cases against senior Public Servants or cases having interstate or
international ramifications or offences of national importance.
INVESTIGATION BY SPECIAL POLICE ESTABLISHMENT
17.6 The Special Police Establishment takes up cases for investigation on the basis of the
information collected by them from their own sources or received from members of the
public, as also cases referred to them by the Central Vigilance Commission and the
administrative authorities.
17.7 When the information discloses, prima facie, Commission of a cognizable offence, a
Regular Case (RC) is registered straightway u/s 154 Cr.P.C.
17.8 If the information prima facie, discloses, commission of irregularities, which call for an
open enquiry, a Preliminary Enquiry (PE) is first registered. If the PE reveals commission of
a cognizable offence, a Regular Case is registered for further investigation.
17.9 As soon as a case is taken up for a Preliminary Enquiry (PE) or a Regular
investigation (RC) under Section 154 of the Code of Criminal Procedure, a copy of the PE
registration report or of the First Information Report (FIR), as the case may be, will be sent
by the SPE to the Head of the Department and/ or the Administrative Ministry concerned. In
the case of Gazetted Officers, a copy of the FIR will also be sent to the Central Vigilance
Commission.
17.10 If investigation into a case registered as a PE or RC shows that sufficient evidence is
not available to launch a prosecution but that the facts of the case warrant a Departmental
action, further action will be taken as indicated under the Head “ Departmental Action” of this
Manual.
17.11 In cases in which Preliminary Enquiry (PE) discloses that there is no substance in the
allegations or that sufficient material is not available for registering a case (RC) or for
initiating Departmental action, the S.P.E. may decide to close the case. Such cases
pertaining to Gazetted Officers will be reported to the Central Vigilance Commission. In
other cases, the decision to close a case will be communicated to the administrative
authority concerned.
17.12 The SPE should not take up inquiries or register a case where minor procedural
flaws are involved. They should also take note of an individual Officer’s positive achievement
so that a single procedural error does not cancel out a lifetime of good work.
17.13 The SPE will normally take into confidence the Head of the Department or office
concerned before taking up any inquiry (PE or RC) or soon after starting the inquiry as may
be possible according to the circumstances of each case. This will also apply in case a
search is required to be made of the premises of an Officer.
17.14 The Delhi Special Police Establishment shall not conduct any inquiry or investigation
into any offence alleged to have been committed under the Prevention of Corruption Act,
1988 except with the previous approval of the Central Government where such allegation
relates to─
Page 168 of 168
(1)
The employees of the Central Government of the level of Joint Secretary and
above; and
(2)
Such Officers as are appointed by the Central Government in corporations
established by or under any Central Act, Government companies, societies and
local authorities owned or controlled by that Government.
17.15 No such approval shall be necessary for cases involving arrest of a person on the
spot on the charge of accepting or attempting to accept any gratification other than legal
remuneration referred to in clause (c) of the Explanation to Section 7 of the Prevention of
Corruption Act, 1988.
17.16 When any complaint or communication containing some allegations or misconduct
etc. against a public servant, which merits an enquiry, is received by an administrative
authority or comes to its notice, it should be considered and decided whether the allegations
should be looked into departmentally or whether a Police investigation is necessary. As a
general rule, allegations involving offences of bribery, corruption, forgery, cheating, criminal
breach of trust, falsification of records or other serious criminal offences or those requiring
an expert Police investigation such as cases of possession of disproportionate assets or
cases in which a number of non-official witnesses are to be examined, should be referred to
the SPE for investigation. In such cases, a prompt reference to the SPE is necessary to
safeguard against the possibility of suspect Officer tampering with or destroying the
incriminating evidence against him.
17.17 Once a case is referred to and taken up by the CBI/SPE for investigation, further
investigation must be left to them. A parallel investigation by the Administrative
Ministry/Department, Organization should be avoided. Further action by the Department
should be taken on the completion of the investigation by the CBI/SPE on the basis of their
report.
FACILITIES AND COOPERATION TO BE EXTENDED TO THE CBI/SPE BY THE
ADMINISTRATIVE AUTHORITIES
17.18 Full cooperation and facilities should be extended by the administrative authorities
and the individual public sector servant to the CBI/SPE during the course of investigation.
Certain matters in which the CBI/SPE will need the assistance of the administrative
authorities, are given in he succeeding paragraphs.
Records other than classified ones
17.19 The Head of Departments/Offices, etc. will ensure that during investigation, whether
preliminary or regular the Superintendent of Police of the CBI/SPE and his authorized
representatives are given full cooperation and facilities to scrutinize all relevant records.
Investigation are often held up or delayed on account of reluctance or delay on the part of
the Departmental authorities to make the requisite records available for various reasons.
Sometimes the Departmental authorities express their inability to release the records without
the prior permission of the superior authority or ask the CBI/SPE. to take photostat or
attested copies of the documents without realizing that the CBI/SPE necessarily require the
original records for the purpose of investigation. In this connection it has to be borne in mind
that the authenticity of the attested or photostat copies can be contested by the delinquent
official thereby hampering the progress of investigation.
17.20 In asking for original documents, particularly those forming part of the current files,
the CBI/SPE will exercise due discretion so as to ensure that the day-to-day work in the
Department concerned is not impeded. On the other hand, the Departmental authorities
should ensure that the documents asked for by the CBI/SPE should be made available to
them with the least possible delay. Where necessary, the Departmental authorities may keep
attested or photostat copies of the records for meeting the urgent Departmental needs or for
Page 169 of 169
disposing of any action that may be pending on the part of the Department, without prejudice
to the investigation being carried out by the CBI/SPE.
17.21 The records required by the CBI/SPE should be made available to them ordinarily
within a fortnight and positively within a month from the date of receipt of the request. If, for
any special reasons, it is not possible to hand over the records within a month, the matter
should be brought by the authority in possession of the records to the notice of the
Superintendent of Police of the CBI/SPE Branch concerned pointing out the reasons for not
making the records available within the specified period and also to the notice of the Chief
Vigilance Officer of the Administrative Ministry concerned for such further direction as the
Chief Vigilance Officer might give.
17.22 Even before registration of PE or RC, if the CBI/SPE wishes to check the veracity of
information in their possession from the official records, on receipt of a request from the SP
SPE, the same should be made available.
Classified/ Graded Documents/Records
17.23 When the CBI/SPE desires to see any classified documents/records, sanction of the
Competent Authority to release such documents/records should be obtained promptly by the
administrative authority incharge of the records and the records should be made available to
the CBI/SPE in the following manner:─
(1)
“Top secret” documents should be handed over only to Gazetted Officers of the
CBI/SPE (Inspectors of CBI are not Gazetted Officers) or to an Inspector of
Police of CBI if he is specifically authorized by the SP to obtain such
documents.
(2)
“Secret and Confidential” documents should be given to Gazetted Officers of
the CBI or to an Inspector of CBI if he is specially authorized by the
Superintendent of Police of the CBI/SPE to obtain such documents.
(3)
A temporary receipt should be obtained whenever any graded document is
handed over to an Officer of the SPE/CBI who will be asked to comply with the
provisions of Para 27(a), (b), (c) and (e) of the pamphlet entitled “Classification
and Handing of Classified Documents.
(4)
Where original document cannot be made available to the Investigating Officer
for any reasons, he should be supplied with photostat copies or attested copies
thereof and a certificate should be given by an Officer of appropriate rank that
the originals are in safe custody and out of the reach of the suspect official and
will be produced, whenever required.
Documents in Possession of Audit officials
17.24 The Comptroller and Auditor- General has issued instructions to his lower formations
that original documents should be made available to the CBI/SPE at the Audit Offices for
purpose of perusal, scrutiny and copying (including taking of photostat copies). Normally,
the facility of inspection of documents within the Audit Offices and taking copies (including
photostat copies) should be found to be adequate for the purpose of investigation.
17.25 There may be some very exceptional cases in which mere inspection of the
documents at the Audit Office or examination by the G.E.Q.D. will not be adequate and it
may be necessary to obtain temporary custody of the original documents to proceed with the
investigation. The CBI/SPE would not take recourse to Section 91 Cr.P.C. for the purpose.
In each such case, the matter should be reported to the Head Office. The Head Office after
Page 170 of 170
carefully examining the request and satisfying itself that there is sufficient justification for
obtaining the original documents will refer the matter to the Accountant-General concerned
with the request that the required documents may be handed over or sent to the
Investigating Officer in original. The concerned Joint Director, and Special InspectorGeneral, CBI will personally request the Accountant-General concerned to make available
the original records to CBI for investigation. It should be expressly mentioned in requisition
that copies, including photostat copies would not serve the purpose of investigation. The
Accountant-General concerned will then arrange for the required documents being handed
over or sent to the Investigating Officer as early as possible after retaining photostat copies.
17.26 The responsibility for preparing photostat copies of such records will be that of Audit
Office. Photocopying machines have been installed in all major Audit Offices. In the case of
Audit Offices where such machines have not been installed, the Audit Office concerned will
have photostat copies prepared in one of the offices where a photocopying machine has
been installed.
Documents required to be referred to the Government Examiner of Questioned
Documents, etc.
17.27 The original documents, when required by the CBI/SPE, for getting opinion of the
Government Examiner of Questioned Documents, should be made available to the CBI by
the administrative authorities concerned without delay.
17.28 The documents on which the opinion of the Government Examiner of Questioned
Documents or a Handwriting or Fingerprint Expert under the direct control of the State
Government is considered necessary by the Investigating Officer should be sent in original
by the Accountant General concerned direct to the Government Examiner of Questioned
Documents or the Handwriting or Fingerprint Expert on receipt of such a request from the
Investigating Officer along with a list of the documents and the particular point or points on
which the opinion is necessary. The Investigating Officer will also endorse a copy of his
communication to the Government Examiner of Questioned Documents/Handwriting or
Fingerprint Expert. While forwarding the original documents to the Examiner/Expert, a
cross-reference to the Investigating Officer’s communication should be given by the
Accountant General so as to enable former to link up the documents with the particular
Police case. The Government Examiner of Questioned Documents/Handwriting or
Fingerprint Expert will communicate his opinion direct to the Investigating Officer and will
return the original documents to the Accountant General together with a copy of his opinion,
if that is specifically desired by the Accountant-General. It is necessary that the transmission
of documents to and from the Government Examiner of Questioned Document/Handwriting
or Fingerprint Expert should be executed with extreme care.
NOTE: The requisition of the documents on which the Investigating Officer of Police requires the opinion of
the Handwriting or Fingerprint Expert under their own control or under the control of the State Criminal
Investigation Department shall be sent by the Inspector General of Police or any other Competent
Authority in accordance with the procedure.
17.29 Whenever the CBI desires the presence of an official for examining him in connection
with any investigation, the administrative authority will direct the official concerned to appear
before the CBI on the appointed date and time. If, for any reason, it is not possible for him to
appear on the specified date and time a request if made by him for postponement, such
request may be given due consideration by the administrative authority concerned and he
may be directed to appear at the earliest possible opportunity.
17.30 The CBI may, when the interest of Government work so requires, examine a
Gazetted Officer occupying or holding a responsible position at the place where he is located
unless he has to be shown any documents during the recording of his statement and the
movement of such documents is considered to be hazardous.
Accommodation, communication facilities and transport
Page 171 of 171
17.31 The Investigating Officers of the CBI, if they so require, may be provided with such
suitable accommodation in rest houses, service messes, etc. as may be available, on
payment at such rates as may be applicable in the case of Officers on duty. Where civil
communication facilities are not available, they should be allowed to use military signals and
other communication facility available. They may also be provided with Government
transport on payment at the prescribed rate.
Action to be taken when a bribe is offered
17.32 Dishonest and unscrupulous traders, contractors etc. frequently attempt to bribe
public servants to get official favours or to avoid official disfavours. The public servants must,
therefore, always be on their guard and should avail themselves of the assistance of the
CBI/SPE or the local Police for apprehending such cases. A failure on the part of a public
servant to take correct and timely action may result in the escape of the guilty person. It is,
therefore, not enough for the public servant to refuse the bribe and to report the matter to the
higher authorities later on. As soon as he suspects of an attempt to bribe him, action should
be taken on the following lines:─
(1)
The proposed interview should, where possible, be tactfully postponed by the
public servant to some future time. Meanwhile, the matter should be reported
by him to the Superintendent of Police of the SPE Branch. If there is no Branch
Office of the SPE in that location, then to the Superintendent of Police or to the
senior most Officer of the local Police available in the station. The SPE or the
local Police, as the case may be, will arrange to lay a trap. If for some reasons,
it is not possible to contact the SPE or the local Police authorities, the matter
should be brought to the notice of the senior-most district Officer in the station
who
may
arrange
to
lay
a
trap.
The
Head
of
the
Department/Office/Establishment should also be informed as early as possible.
(2)
Should it not be possible to follow the above course of action, the bribe- giver
may be detained for a short time and some person or persons, who may be
readily available, may be requested to witness the transaction and to overhear
the conversation between the bribe-giver and the public servant.
17.33 The Head of the Department/Office/Establishment will take care to maintain an
impartial position and will be in no case act as an agent of the CBI/SPE or the local Police
either by arranging for money or other instrument of offence subsequently to be passed on
to the suspect or by being a witness to the transaction.
Trap Cases
17.34 Whenever the CBI/SPE desires to lay a trap in the office for any public servant, who
is suspected to be about to accept a bribe, the Special Police Establishment will give prior
information to the Head of the Department/Office concerned. If the circumstances of the
same cannot permit this being done, the Special Police Establishment will furnish details of
the case to the Head of the Department/Office immediately after the trap.
17.35 In trap cases, it is necessary that some responsible and impartial person or persons
should have witnessed the transaction and/or overhear the conversation of the suspect
public servant. All public servants particularly Gazetted Officers, should assist and witness a
trap whenever they are approached by the Special Police Establishment. The Head of
Department/Office will, when requested by CBI/SPE, detail a suitable person/persons to be
present at the scene of the trap. Refusal to assist or witness a trap on the part of a public
servant will be regarded as a breach of duty and disciplinary action may be taken against
him.
Transfer of an Officer at the request of the Special Police Establishment
17.36 In cases where the Special Police Establishment are investigating serious charges
and request for the transfer of a public servant, such requests should be complied with. The
Page 172 of 172
CBI/SPE will recommend transfer only when it is absolutely necessary for the purpose of
investigation and will give reasons while making such requests which will be made by an
Officer not lower in rank than an SP.
17.37 Where the Department concerned has some administrative difficulty in complying
with the request, the matter should be settled by discussion at the local level. If the
difference persists, it should be discussed at a higher level. In exceptional cases, the matter
should be discussed by the Administrative Ministry with the Secretary, CVO, in the
Department/Ministries.
17.38 While it is recognized that the discretion of the administrative Ministries should not be
taken away in matters of this kind, it is equally necessary that there should be no
impediments to proper investigations of the allegations of corruption and lack of integrity. It
is hoped that both these considerations would be borne in mind by all concerned.
Assistance to the CBI/Special Police Establishment by Technical Officers
17.39 In cases of a technical nature the CBI/Special Police Establishment may need the
assistance of Technical Officers, e.g., Engineers, Doctors, Accountants, etc. for elucidation
of technical details of cases under investigation. Ministries/Departments/ Undertakings, etc.,
should render full cooperation and assistance on receipt of such requests from the Special
Police Establishment.
17.40 The CBI/SPE takes the assistance of Chief Technical Examiner’s Organization which
now functions under he Central Vigilance Commission, in cases relating to civil works
pertaining to any Ministry/Department of the Government of India and the Central Corporate
Undertakings. Separate cells also exist under the Ministry of Railway (Railway Board) and
the Ministry of Defence for performing similar functions in respect of works pertaining to
these two respective Ministries. Whenever the technical opinion of wood expert is required
on wood and timber, assistance of the Forest Research Institute, Dehradun, is sought by the
Special Police Establishment. The question of setting up a single organization to replace
these separate cells was considered in consultation with the Central Vigilance Commission,
the Ministry of Railways, the Ministry of Defence and the Department of Agriculture and it
has been decided that as these cells have been rendering useful service in their own
spheres, it would not be advisable to supplant them. However, in special cases pertaining to
civil works of the Ministries of Railways and Defence, the SPE may, with the approval of the
Central Vigilance Commission, seek the assistance of the Chief Technical Examiner’s
Organization.
Arrest, handing over of the Defence personnel etc to civil Police
17.41 The Defence personnel will not be kept under arrest on charges under investigation
by the CBI/SPE unless advised by the Investigating Officer. Similarly, a civilian employee in
the Defence Services or a contractor or his employee will not be handed over to the local
Police unless so advised by the SPE.
Suspension
17.42 The CBI/Special Police Establishment may, either during the course of investigation
or while recommending prosecution/ Departmental action, suggest to the disciplinary
authority that the Officer concerned should be suspended giving reasons for recommending
such a course of action. On receipt of such a suggestion, the matter should be carefully
examined. The disciplinary authority may exercise his discretion to place a Government
servant under suspension even when the case is under investigation and before a prima
facie case has been established. In deciding whether a Government servant should be
placed under suspension, public interest should be the sole guiding factor and the
disciplinary authority has discretion to take its own decision taking all factors Into account.
Page 173 of 173
The following circumstances under which it may be appropriate to place a Government
servant under suspension, are, however, indicated for the guidance of the disciplinary
authorities.
(a)
where continuance in the office of the Government servant will prejudice the
investigation, trial or any inquiry (e.g. apprehended tampering with witnesses
or documents);
(b)
where the continuance in the office the Government servant is likely to seriously
subvert discipline in the office in which the Government servant is working;
(c)
where the continuance in the office of the Government servant will be against
the wider public interest other than those covered by (i) and (ii) such as where
there is a public scandal and it is necessary to place the Government servant
under suspension to demonstrate the policy of the Government to deal strictly
with Officer involved in such scandals, particularly those involving corruption; or
(d)
where allegations have been made against the Government servant and the
Preliminary Enquiry has revealed that a prima facie case is made out which
would justify his prosecution or his being proceeded against in Departmental
proceedings, and where the proceedings are likely to end in his conviction
and/or dismissal, removal or compulsory retirement from service.
17.43 Certain types of misdemeanour where suspension may be desirable are indicated
below:
(a)
Any offence or conduct involving moral turpitude;
(b)
corruption, embezzlement or misappropriation of Government money,
possession of disproportionate assets, misuse of official powers for personal
gain;
(c)
serious negligence and dereliction of duty resulting in considerable loss to
Government;
(d)
desertion of duty; or
(e)
refusal or deliberate failure to carry out written orders of superior Officers.
17.44 Without prejudice to the above guidelines, there are certain kinds of cases where the
CBI/SPE will, invariably advise that the Officer should be placed under suspension. These
cases and the stage of the proceedings, where SPE will advise suspension are given below:
(a)
In a case where a trap has been laid to apprehend a Government servant while
committing an act of corruption (usually receiving illegal gratification) and the
Government servant has been so apprehended; immediately after the
Government servant has been so apprehended.
(b)
In a case where, on conducting a search it is found that a Government servant
is in possession of assets disproportionate to his known sources of income and
it appears, prima facie that a charge under Section 13(1)(e) of the Prevention of
Corruption Act could be laid against him; immediately after the prima facie
conclusion has been reached.
(c)
In a case where a charge sheet accusing a Government servant of specific acts
of corruption or any other offence involving moral turpitude has been filed in a
Criminal Court; immediately after the filing of the charge-sheet.
(d)
In a case, where, after investigation by SPE, a prima facie case is made out
and pursuant thereto Regular Departmental Action for imposition of major
penalty has been instituted against a Government servant and a charge-sheet
has been served upon him alleging specific acts of corruption or gross
Page 174 of 174
misconduct involving moral turpitude; immediately after the charge-sheet has
been served upon the Government servant.
In each of these four cases, the suspension of the Government servant
would be fully justified.
PROSECUTION
17.45 Prosecution should be the general rule in cases of bribery, corruption or other
criminal misconduct and in case involving substantial loss to the public funds which are
found fit to be sent to the Court after investigation. Under Section 19 of the Prevention of
Corruption Act, 1988 and in cases covered by section 197 of the Criminal Procedure Code,
prior sanction of the Competent Authority is required for launching prosecution in a Court of
Law against a Government servant by public authorities. The sanctioning authority is
expected to satisfy itself whether a prima facie case exists or not and, if it does, whether
launching of the prosecution will be in the public interest. No further Departmental fact
finding enquiry should be necessary in such cases. However if there are any points on
which some additional information or clarification is required, it should be sought from the
SPE. The need and desirability of coming to an expeditious decision in the matter is
obvious. Any undue delay in giving the requisite sanction would hold up launching of the
prosecution in the Court of Law. The sooner the Government servant involved is brought to
book or cleared of the charges, the better it would be for the morale of the public services.
17.46 In cases investigated by the Special Police Establishment which are found fit for
prosecution, the Special Police Establishment will take further action as follow:
(a)
Cases in which sanction for prosecution is required to be issued in the name of
the President:
In cases in which the sanction for prosecution is required under any law to be
issued in the name of the President, the Special Police Establishment will forward
their report after completion of the investigation to the Central Vigilance
Commission and endorse a copy to the Administrative Ministry/Department
concerned for such comments as they may wish to make. Their comments should
be forwarded by the Ministry/ Department concerned to the Central Vigilance
Commission within one month or such time as may be fixed by the Central
Vigilance Commission from the receipt of the report of Special Police
Establishment. After considering the report of the SPE and other relevant
records as also the comments, if any, received from the Administrative
Ministry/Department, the Central Vigilance Commission will advise the concerned
Administrative Ministry/Department whether prosecution should be sanctioned or
not. Appropriate orders will thereafter be issued by that Ministry/Department.
(b)
Cases where sanction for prosecution is to be issued by an authority other than
the President:
If an authority other than the President is competent to sanction the prosecution,
the CBI/SPE will forward the investigation report to such authority and request for
the sanction to the prosecution. The sanction should be issued by the Competent
Authority as soon as possible and, in any event, within three months from the
date of receipt of the report of the SPE. In exceptional cases in which the
Competent Authority finds that it will take more than three months to come to a
conclusion, the local head of the SPE Branch concerned should be informed
about the time by which it would be feasible to communicate the decision. If such
authority does not propose to accord the sanction sought by the Special Police
Establishment, it will forward the case together with its views and reasons and
other relevant records to the Central Vigilance Commission for advice through the
Administrative Ministry/Department concerned within a month of the date of
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receipt of the report of the SPE. Further action will be taken by the authority
concerned on the advice of the Central Vigilance Commission.
(c)
In a case falling under (a) above, if the Central Vigilance Commission advises
grant of sanction for prosecution but the Ministry/Department concerned
proposes not to accept such advice, the case should be referred to the
Department of Personnel & Training for a final decision
(d)
In a case falling under (b) above, if the Central Bureau of Investigation has
sought sanction for prosecution and the Central Vigilance Commission has
recommended grant of sanction and yet the Competent Authority proposes not to
grant sanction, the case should be referred to the Department of Personnel &
Training for a final decision.
(e)
Where two or more Government servants belonging to different
Ministries/Departments or under the control of different cadre controlling
authorities are involved, the CBI will seek sanction from the respective
Ministries/Departments or the respective competent authorities in accordance
with the procedure laid down in the above paragraphs. Where sanction is
granted in the case of one of the Government servants but sanction is refused in
the case of the other or others, the CBI will refer the case to the Department of
Personnel & Training for resolution of the conflict, if any.
17.47 In cases of both types mentioned in items (a) and (b) above, the SPE will send to the
administrative authorities along with the report, such original documents as can be sent by
them after retaining copies, if necessary. In respect of the documents, which the SPE would
not like to part with for any reason, attested copies thereof or extract therefrom or gist of their
contents may be sent instead. In case the administrative authority may still like to see the
documents in original, the SPE may be requested to make them available for inspection. If
there are any documents which are not capable of being copied or even a gist of which
cannot be prepared, the administrative authority may inspect such documents by
arrangement with the SPE.
Withdrawal of Prosecution
17.48 Once case has been put in a Court, it should be allowed to take its normal course. A
proposal for withdrawal of prosecution may, however, be initiated by the investigating
agency or by the Public Prosecutor, etc. on appropriate legal grounds. The CBI/SPE will
forward its proposal to the Administrative Ministry in cases in which sanction for prosecution
was accorded by the Ministry. In such cases, the Ministry of Law should be consulted and its
advice accepted. In all cases in which prosecution was sanctioned on the advice of the CVC,
the Commission should also be consulted before a reference is made to the Ministry of Law.
Requests for withdrawal of prosecution may also come up from the accused. Such requests
should not generally be entertained except in very exceptional cases where, for instance,
attention is drawn to certain fresh, established or accepted facts which might alter the nature
or basis of the case. In such cases also, the Ministry of Law should be consulted in first
instance.
17.49 In all cases in which prosecution was sanctioned on the advice of the Central
Vigilance Commission, the Commission should also be consulted before the matter is
referred to the Ministry of Law.
17.50 Rule 7 of the Government of India (Transaction of Business) Rules and item (g) of
the Second Schedule to those rules provide that any proposal to withdraw, otherwise than in
accordance with the competent legal advice, any prosecution instituted by or at the instance
of the Government of India, should be brought before the Cabinet. In most of the cases, the
competent legal advice should be the advice received from the Ministry of Law.
INVESTIGATION REPORTS RECOMMENDING DEPARTMENTAL ACTION
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17.51 When the available evidence is considered insufficient for a criminal prosecution and
in cases involving less serious offences or those revealing malpractices in which the
CBI/SPE consider that a Departmental action should be taken against the Officer involved,
further action will be taken as indicated in the succeeding paragraphs in this Section of the
Directive in the light of Policy Division, Circular No. DP0992003/00061/ 21/52/98-PD, dated
7-1-2003 and Circular No. DP0992003/01687/21/52/98-PD, dated 9-7-2003 on the subject.
Investigation Reports in respect of Gazetted Officers or Officers of equivalent status
17.52 When a PE after enquiry or a Regular Case after investigation is decided to be
referred for RDA, the SP’s Report along with relevant documents (original or authenticated
copies as decided by the SP) should be sent immediately to the Competent Authority/Head
of the Department with copies to CVC of the Organization. Once the Competent Authority
has acknowledged the receipt of SP’s Report and documents, the case should be treated as
disposed of except in cases in which it has been decided to appoint a Presenting Officer by
CBI.
17.53 Only such RDA cases in which a Presenting Officer from CBI is appointed may be
shown pending and their progress monitored.
17.54 Presenting Officers by CBI should be appointed only in exceptional circumstances
where a particular case is sent for trial and also recommended for RDA. In such cases also,
the Branch SP has to satisfy himself whether Presenting Officer should be appointed in the
interest of the case. This decision of the Branch SP should be approved by DIG keeping the
JD concerned informed. The Presenting Officer should invariably be appointed in a case of
RDA against CBI personnel.
17.55 In cases where the case is sent for trial and also Departmental action, the originals
should be preserved for trial purpose and authenticated copies of the documents along with
SP’s Report should be sent to the Head of the Department as stated at Para 17.50/17.52
above.
17.56 In cases where the Presenting Officer of the CBI has been appointed prior to
7.1.2003, he need not be withdrawn till completion of the proceedings.
17.57 In cases where the Competent Authority requires any advice, help or assistance in
matters referred to it by the CBI, timely assistance should be provided by the concerned
branches.
17.58 In cases where closure report has been filed but is yet to be accepted by the Court,
authenticated copies of the documents should be sent along with SP’s Report to the
concerned Department and on receipt of acknowledgement RDA should be treated as
disposed of. After acceptance of the closure report by the concerned Court, the original
documents may also be sent to the Competent Authority.
17.59 All pending RDAs prior to the issue of the Policy Division Circular dated 7-1-2003 will
be deemed to have been disposed of as soon as SP’s Report and the concerned documents
were received by the competent Departmental authority except those in which the CBI has
appointed its own Presenting Officer. It should be clear that after the Policy Division Circular
of 7.1.2003, the CBI shall not depute POs and follow the guidelines stated above and show
only those cases pending RDA where CBI appoints POs under circumstances stated above
to conduct the proceedings.
17.60 In the Crime Index Register of the Branch, there should be proper recording of the
progress of the PE and RC till its logical conclusion so that it can give an idea about the
number of cases in which RDA has been recommended, names of the Departments to which
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it is referred etc. for statistical purpose. Command Centre should also make necessary
modifications in the CRIMES Module wherever required.
17.61 In no circumstances, there should be any delay in sending of SP’s Report or the
relevant documents to concerned Departments for initiation of RDA. It will be the
responsibility of the Branch SP and concerned DIG to take adequate steps/safeguards to
ensure that actual process (commencement of RDA) is initiated by the Department.
JD/DIG/SP should also regularly review the implementation of the above instructions during
their Annual Inspection of Branches.
17.62 The above instructions were issued keeping into consideration that CBI should
remain confined to furnishing SP’s report, draft charges and relevant documents to the
Competent Authority/CVO for taking further action in the matter. This is not just because of
the paucity of resources, but also recognition of the principles laid down in the Santhanam
Committee report that, it is the prime responsibility of the Head of the Department to ensure
probity in his Department and also initiate action against the public servant violating service
conduct rules or committing acts of Departmental misconduct.
GRANT OF IMMUNITY/PARDON
Gazetted Officers
17.63 If during an investigation, the SPE finds that a Gazetted Officer has made a full and
true disclosure implicating himself and other public servants or members of the public and
further that such statement is free from malice, the SPE will send to the Central Vigilance
Commissioner its recommendation regarding grant of immunity to such Officers from the
Departmental Action or punishment. The Central Vigilance Commission will consider the
recommendation of the SPE in consultation with the administrative authority concerned and
will advise that authority regarding the course of further action to be taken.
17.64 Instructions regarding withdrawal of any prosecution instituted by or at the instance of
the Government of India are contained in the Office Memorandum No. 43/130/64-AVD,
dated the 21st October, 1964 issued by the Ministry of Home Affairs.
Non-Gazetted officials
17.65 In cases pertaining to Non-Gazetted officials, the CBI/SPE will send its
recommendation for grant of immunity from the Departmental Action to the administrative
Ministry concerned. If there is a difference of opinion between the SPE and the
Administrative Ministry, the SPE will refer the matter to the Central Vigilance Commission for
advice.
CLOSE LIAISON BETWEEN THE SPE AND THE ADMINISTRATIVE AUTHORITIES
17.66 The need for a close liaison and cooperation between the Chief Vigilance
Officer/Vigilance Officer of the Ministry/Department/Office and the SPE during the course of
an inquiry and investigation and processing of individual cases, hardly needs to be
emphasized. Both the SPE and the Chief Vigilance Officers receive information about the
activities of the Officers of various Ministries/Departments/ Offices, from diverse sources. As
far as possible, the information should be cross-checked at appropriate intervals to keep the
Officers of both the wings fully apprised of the latest development.
17.67 At New Delhi, the Chief Vigilance Officers, or Vigilance Officers of the
Ministry/Departments/Offices should keep themselves in touch with the Joint Director/DIG of
the SPE and in other places, the Regional DIG/SP of the SPE Branch will frequently call on
the Head of the Department, Office, etc. and discuss personally matters of mutual interest
particularly those arising from the enquiries and investigation.
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CHAPTER 18
CYBER CRIMES
18.1 With increased use of computers in homes and offices, there has been a proliferation
of computer-related crimes. These crimes include:
(i)
Crimes committed by using computers as a means, including conventional
crimes.
(ii)
Crimes in which computers are targets.
18.2 The investigation of such crimes is complex. The evidence is often in an intangible
form. Its collection, appreciation, analysis and preservation present unique challenges to the
Investigator. The increased use of networks and the growth of the Internet have added to
this complexity. Using the Internet, it is possible for a person sitting in India to steal a
computer resource in Brazil using a computer situated in USA as a launch pad for his attack.
Distributed attacks are also not unheard of. The challenges in such cases are not only
technological, but also jurisdictional.
18.3 The Internet is the single, richest and most frequently updated information resource
on Computer Crimes. With highly systematic and structured searching techniques available,
it is easy to go to the specifics one has in mind. CBI Officers are advised to use the Internet
as a resources for any new technological challenges.
18.4 To combat computer-related crimes, the CBI has the following specialized
structure:─
(i)
Cyber Crimes Research and Development Unit (CCRDU);
(ii)
Cyber Crime Investigation Cell (CCIC);
(iii)
Cyber Forensics Laboratory; and
(iv)
Network Monitoring Centre.
18.5 The CCRDU is charged with the responsibility of keeping track of the developments
in this ever-growing area.
18.6
The CCRDU is primarily involved in the following tasks:−
(a) Liaison with the State Police Forces and collection of information on cases of
Cyber Crime reported to them for investigation and to find out about the followup action in each case;
(b)
Liaison with software experts to identity areas, which require attention of State
Police Forces for prevention and detection of such crimes with a view to train
them for the task;
(c)
Collection of information on the latest cases reported in other countries and the
innovations employed by Police Forces in those countries to handle such
cases;
(d)
Preparation of a monthly Cyber Crime Digest for the benefit of State Police
Forces; and
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(e)
Maintenance of close rapport with the Ministry of IT, Government of India and
other organizations/Institutions and Interpol Headquarters,. Lyon for achieving
its objective of giving the needed thrust to collection and dissemination of
information on Cyber Crimes.
18.7 The CCIC, established in September 1999, started functioning from March 2000. It is
a part of the Economic Offences Division. The Cell has all-India jurisdiction and investigates
criminal offences under the Information Technology Act, 2000, besides frauds committed
with the help of computers, credit card etc. It is also a round-the-clock Nodal Point of contact
for Interpol to report Cyber Crimes in India, and also a member of “Cyber Crime Technology
Information Network System” of Japan.
18.8 The Cyber Forensics Laboratory (CFL), established in November 2003, functions
under the Director, Central Forensic Science Laboratory.
The responsibilities of CFL are:
18.9
(i)
Provide media analysis in support of criminal investigations by CBI and other
Law Enforcement Agencies.
(ii)
Provide on-site assistance for computer search and seizure upon request.
(iii)
Provide consultation on investigations or activities in which media analysis is
probable or occurring.
(iv)
Provide expert testimony.
(v)
Research and Development in Cyber Forensics.
The following principles are followed by the CFL: ─
(i)
The purpose of the analysis shall be to use the evidence in the Court.
(ii)
All legal formalities shall be followed.
(iii)
The media should have been legally seized and chain of custody maintained.
(iv)
The analysis shall be on an image of the media and not on the media itself.
(v)
The laboratory shall have the best imaging tools and software tools for analysis.
18.10 The purpose of the Network Monitoring Centre is to police the Internet. It has a
Network Monitoring Tool (NMT) developed by I.I.T., Kanpur and may use similar and other
tools to achieve its purpose after following the required procedure.
Search and Seizure of Digital Evidence
18.11 In the conventional environment, items are stored in a tangible form that can be
stored physically like information written on paper, bills, receipts, address, book, etc which
are susceptible to damage by physical methods such as theft, burglary, etc., but in the
information age of electronic environment, data is stored in an intangible form making it a
virtual world where these limitations of conventional methods no longer apply. It also has no
physical boundaries. Hence, criminals seeking information stored in network computers with
dial-in-access can access that information from virtually anywhere in the world. The quantity
of information that can be stolen or the amount of damage that can be caused by malicious
programming code may be limited only by the speed of the network and the criminal’s
equipment.
Advance Planning for Search
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18.12 When the Investigating Officer is required to carry out search in a place where it is
suspected that computer or computer networks or any other electronic memory devices are
likely to be found, it is advisable to contact computer forensic scientists of a Forensic
Science Laboratory to accompany the search team. In case, it is not possible, information
may be collected regarding the type, make, model, operating system, network architecture,
type and location of data storage, remote access possibilities etc., which can be passed on
to Forensic Experts as that would help making necessary preparation to collect and preserve
evidence. It must be remembered that on some occasions, it may not be possible to remove
the computer system physically and data may have to be copied at the scene of crime/place
of search. The Investigator or expert must carry necessary media, software, and other
specialized items as well as special packing materials which can prevent loss of data as data
of magnetic media can be destroyed by dust, jerks and electrostatic environment.
PRECAUTIONS AT THE SEARCH SITE
Taking control of the Location
18.13 It is extremely important to ensure that suspect or an accused is not allowed
to touch any part of the computer or accessory attached to it either by physical
means or through wireless. Since these days, systems could be connected through
physical networks such as fibre optic, cables, telephones or on Wi-fi or Wi-max
wireless networks or even through a mobile phone having a wireless communication
port, the Investigator has to be extremely alert and may seek guidance from an
expert, if not available on site, on telephone and take steps as per instructions. The
Investigator must remember that even by pressing a key or by giving a command
through a wireless mouse or keyboard or even by executing a command through an
e-mail message, the entire data either could be wiped out or corrupted, making it
useless for the Investigator. This is also applicable in the case of small devices or
removable storage devices, which have the capacity of storing huge amount of data.
Thus, it is extremely important that individuals present at the site of the search are
separated from their computers and all devices are kept out of their reach. Since it is
easy to tamper or destroy computer evidence, and it can be done from across a
network, which could be physical, or wireless the Investigator should take all steps to
secure data.
18.14 As already mentioned, the information in a network environment need not be
stored at the same site. The data could reside at a remote location even in a different
country. Therefore, it may be important to find out the storage location and take
action accordingly. In case, storage of data is suspected to be located outside the
country, it may be necessary to alert the Interpol and take necessary follow up steps
to issue letters rogatory under the provisions of Section 166 A Cr PC.
18.15 Before conducting the search, the Investigator will need to decide whether to seize
data on site, or seize hardware for examination at a Computer Forensic Laboratory. While
on-site data seizure has the advantage, that one does not have to transport much hardware,
one may need services of a Computer Forensic Expert to download data for analysis and
preserve data for presenting it in the Court. When in doubt, make use of a Computer
Forensics Specialist at the scene, if possible, to determine whether one needs to seize data
or seize hardware. In case, a specialist is not available, it is recommended that one seizes
everything.
Networked Computers
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18.16 Do not disconnect the computer if networks or mainframes are involved, pulling a
computer from a network may damage the network, and cause harm to the company’s
operations. It is generally not practical to seize a mainframe because it requires
disconnecting all the computers that are attached to it. Hardware seizure with computers on
a network can be very complicated, and one should definitely enlist the help of a Computer
Forensics Specialist in these cases.
Preparation for the Search
18.17 The Investigator should carry the following items with him that will facilitate the
search: ─
(1)
Disks or Cartridges ─ these can be used to store copies of files from the
computer for use in his investigation.
(2)
Labels ─ to label cables, where they plug in, disks, the various parts of the
computer and to write/protect disks.
(3)
Screwdrivers and other tools used to dismantle the hardware for seizure.
(4)
Gloves ─ remember that often, latent prints can be taken from disks or other
storage media or hardware.
(5)
Packing materials – rubber bands, tape, boxes, bubble wrap, and if he does not
have access to anti-static wrap, paper bags should be used, because they have
less static charge than plastic bags.
(6)
Camera equipment – to videotape and photograph the scene.
(7)
Chain of custody report sheets and other paper to inventories seized evidence.
STEPS FOR THE SEARCH
Rely on Technical Experts
18.18 Be careful not to cause damage during a search as electronically stored data can be
easily lost. The services of the Computer Forensic Experts must be availed, wherever
possible. The experts can not only help during a search, but could also assist in interviewing
the company’s technical personnel because they will know what questions to ask to elicit
relevant information for the investigation.
18.19 Once on-site, the Investigator must survey the equipment and take precautionary
steps as described above. Next, he will need to document the way the system is connected
together and take the following steps: ─
(i)
Labelling & Photographing the Set-up
Labelling and photographing everything prior to dismantling the system is an
important first step. Take some general photographs of the search site to
document its pre-search condition for legal purposes, and to serve as a
reference during investigation. This documentation on how the system was
configured may prove essential when the system is re-connected in the
Forensic Laboratory. As the IO is taking the pictures, he should make sure to
get close-ups of the front and back of all equipment and the way it is connected.
He should pay special attention to DIP switches on the back of certain
equipments that must be in a certain configuration. These switch settings could
accidentally be moved in transport creating problems for the examiner.
(ii)
Label all Parts
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The I.O. should label each part before he starts dismantling any of the
equipment. He should remember to label all the connectors and plugs at both
ends, and on the computer so that re-assembly is easy and accurate. A good
way to do this is to label each item its own letter. For example, a power cord
may be marked ‘A’ on the end and a corresponding label marked ‘A’ on the
computer port where this plug is to be inserted.
(iii) Power System Down
As a rule if a computer is off, it should not be turned on. Hackers can
make their computers erase data if a certain disk is not in the drive when
the machine is booted up or if a certain password is not entered.
Likewise, if the machine is on, one should check it before turning it off
otherwise it may destroy data. Keep in mind that a computer may look
powered down but actually, it may be in a “sleep” mode. Hackers can set
their computers to erase data if not properly awakened from a “sleep”
mode, so one may be required to pull the plug or remove the battery
from a laptop in these cases. The I.O. may need to shut the machine
down through the operating system rather than just “Pulling the Plug.” If,
however, he does need to “pull the plug,” he should disconnect it from
the back of the machine rather than at the wall, because if the machine is
plugged into a back up power supply it may initiate a shutdown
procedure that could alter files.
(iv) Dismantle the System
Once the system is labelled and powered down, it can be dismantled into
separate components for transportation. If a computer is at a business
location and a part of a network, proper procedure should be followed to
properly disconnect the computer from the network.
(v)
Seize Documentation
Seize all manuals for the computer, its peripheral devices, and especially the
software and operating system. The examiners at a Forensic Laboratory need
to refer to a manual to determine the kind of hardware and its technicalities.
Seizing other documentation at the site like notes, passwords, and journals may
prove very useful. Sticky notes, or other pieces of paper around the computer
systems that may have passwords or login ID’s written on them, should also be
seized from the spot.
18.20 Handling Evidence & Computer Hardware
(i)
Protecting Data
The I.O. should also write/protect disks or cartridges he finds at the site
of search in order to protect the data. Most disks and cartridges have a
small sliding tab that prevents changing the disk content when set
correctly. Placing a blank disk in the hard drive of computer system will
keep them from booting up from the hard drive if they are accidentally
turned on.
(ii)
Packaging for Transport
Once the I.O. or the expert has dismantled the computer, it is ready to be
packaged for transportation to the Forensic Laboratory. Computers parts
being sensitive are easily damaged and the hard drives that usually store
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data have delicate mechanisms, so they should be handled carefully.
One should not wrap the computer components using Styrofoam
because small particles can break off and get inside the computer
causing it to malfunction. Anti-static plastic bubble/wrap is preferred.
(iii) Keep System Components together
Keep the components of each computer system together. This small
organizational step can save lots of time when the examiners are trying
to reconstruct the system.
(iv) Single Machine, Single seizing Agent
If one person handles the seizure of a computer, that same person can
authenticate the evidence at a trial. This simple consideration can avoid
confusion later.
(v)
How to transport and store the System
Do not put the computer in the trunk of a Police vehicle. The computer system
should be secured in a way that would reduce vibrations that may shake a part
loose. The I.O. should store the computer in a secure, cool dry place away from
any generators or other devices that emit electromagnetic signals.
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CHAPTER 19
FINAL REPORTS, SP's REPORTS AND COMMENTS
OF SUPERIOR OFFICERS
OBJECT OF FINAL REPORT
19.1 On completion of enquiry/investigation, every Investigating Officer is required to
submit a report called the 'Final Report’ – Part-I, setting out in detail in the prescribed
proforma, the result of the enquiries/investigation and containing his recommendation for the
type of action to be taken. The Final Report is a confidential document and its primary
purpose is to apprise the Superior Officers and Law Officers of the CBI of the result of the
enquiries with a view to assess the merits and demerits of a case and facilitate the passing
of final orders thereon by the Competent Authority. It is imperative, therefore, that Final
Reports should present a clear, complete and well-connected picture of the case and explain
and analyse the available evidence. This report is for in-house use of CBI and shall not be
discussed / quoted outside CBI.
19.2 The Final Report is written in all Preliminary Enquiries and Regular Cases. If,
however, a Preliminary Enquiry is to be converted into a Regular Case, a Final Report is not
always necessary. Instead, only a brief note is to be sent to the Competent Authority setting
out the material available to justify the registration of regular case.
19.3 Final Reports should be prepared by Investigating Officers according to the
prescribed proforma. Part I of the Final Report is to be prepared by the I.O. himself.
Explanatory notes and instructions under the various heads are given in the proforma. The
following information in respect of suspect/accused persons should invariably be furnished:–
(a)
Name in full (with parentage):
(b)
Aliases, if any:
(c)
Address :
(i) Present :
(ii) Permanent :
(d)
Designation/Status and Pay Scale:
(For Public Servants):
(i) At the time when impugned act was committed
(ii) At the time when this report is written
(e)
Ministry/Department in which the suspect/accused is working
(For Public Servants)
(f)
Date of birth and date of retirement
(g)
Whether arrested, in judicial custody, on bail, or absconding.
(h)
Whether under suspension and the date thereof.
(i)
Whether suspended by Department, suo motu or on the recommendations of
the CBI.
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19.4 Comments of Law Officer should be in the format given in Part-II of the proforma.
Explanations and instructions are also given in this proforma. In all cases against Gazetted
Officers and in other important cases indicated by the Superintendent of Police these
comments should be originally prepared by the Law Officers of the Branch as ordered by the
SP or senior most Law Officer of the Branch.
If any of the statutory sanction is required or if the case can be prosecuted only on a
complaint by a competent statutory authority, this shall be indicated in Final Report – Part-II.
19.5 The Law Officers must not depend entirely on the Final Report of the Investigating
Officers nor base their comments only on them. They should examine case diaries and
statements of important witnesses as well as material documents/articles etc., before
offering their comments. They have to consider not only the opinions and suggestions of the
Investigating Officer, but also the relevant facts of the case. All legal issues in the case
should be brought out by him in his comments.
19.6 The comments of the Supervisory Officer (SP) are to be recorded under the
following columns:–
(1)
Case No. and date of registration
(2)
(i)
(ii)
(3)
Comments (allegation-wise).
(4)
Recommendations of SP(allegation-wise).
NOTE: (i)
Recommendations of the I.O.
Recommendations of the Law Officer.
The SP’s comments and recommendations must be clear and specific.
(ii) In case the SP differs from the recommendations of the I.O. and /or the Law Officer,
grounds thereof should be furnished.
19.7 Disposal of cases taken up by the CBI can be grouped under the following
five categories, which should be borne in mind while making recommendations:–
(a)
Cases in which sufficient evidence is available to warrant criminal prosecution.
(b)
Cases which are fit to be forwarded to Ministries or Departments concerned for
Regular Departmental Action, either because:
(i)
The evidence is not strong enough for prosecution;
or
(ii)
(iii)
The specific charges are of procedural violations and not of a criminal
nature;
or
Departmental Action is preferable for some other important reasons;
(c)
Cases which are fit to be referred to Ministries or Departments concerned for
their information and such action as they may consider appropriate;
(d)
Cases in which enquiry or investigation has not yielded any fruitful result or in
which the allegations have not been substantiated and which have, therefore, to
be closed ; and
(e)
Cases in which allegations have been found to be false and/or mala fide. In
such cases, it should be considered whether any action can be taken against
the complainant.
Page 187 of 187
19.8 The distinction between (b) and (c) above should be clearly understood. In category
(b) are included cases in which there is sufficient evidence for Regular Departmental Action
on specific charges. In category (c) are included cases in which sufficient evidence is not
available for Prosecution or for Regular Departmental Action, but in which there is
reasonable suspicion about the honesty or integrity of the Government servant concerned or
about his having indulged in irregular practices or having infringed Departmental rules or
procedures or being guilty of negligence or of dereliction of duty. In such cases, though
Regular Departmental Action may not be possible, the suspicion and irregularities may be of
such a nature that it is considered desirable to bring the matter to the notice of the Ministry
or the Departmental head for such administrative action as they may consider feasible or
appropriate. No reminders should be sent for obtaining the result of such cases but if the
Ministry/Department on its own communicates to the CBI the action taken in the matter the
same should be reported to the Head Office.
There should be no tendency to unnecessarily refer a case for “such action as
deemed fit” under category (c) above solely because a case has been registered. If
a case deserves to be closed, then this should be specifically recommended without
any hesitation. It should be borne in mind that clearing an innocent person is as
much the objective of an investigation as proceeding against a guilty person.
Final Reports in cases against Non-Gazetted Government Servant
19.9 Superintendents of Police are authorized to pass final orders according to
delegation of powers which are extant from time to time. In such cases, copies of
Final Reports need not be sent to the Head Office. The decision taken by the
Superintendent of Police should, however, be reported to the Head Office by
endorsing a copy of the SP’s Report/Closure Report prepared for being sent to the
Department concerned.
Closure Reports
19.10 The result of the enquiry in every case which is closed after enquiry should be
communicated to the Ministry/ Department/Undertaking concerned in the proforma
circulated vide Policy Division Circular No. 21/2/64-PD, dated 20-2-1967. A copy of the
proforma statement in such cases, in respect of GOs only, should be endorsed to the
Central Vigilance Commission also. The Closure Report should be sufficiently detailed to
enable the Disciplinary Authority to understand why the allegations could not be
substantiated and what was the type of evidence collected. For example, in Disproportionate
Assets cases, the suspect’s income from various sources, expenditure under various heads
and the details of assets acquired should be mentioned.
19.11 Final Reports in cases requiring orders of DIG/ JD/ ADCBI/ SDCBI/ DCBI
shall be sent by the Branch to the Regional DIG in duplicate and the orders of the
Competent Authority obtained regarding further disposal of the case.
19.12 If prosecution is recommended in the Final Reports against public servant,
then at the end of the Final Report the rank and designation of the authority
competent to remove the accused Officer from service should be mentioned.
Information concerning this should be collected when the investigation of the case is
proceeding and it is felt that the case is likely to end in prosecution so that the
submission of Final Report is not delayed for want of this information after
completion of the investigation.
Point to be noted while preparing Final Reports
19.13 The following points should be kept in mind while preparing Final Reports:–
Page 188 of 188
(i) The typing should be in double space. The ink impression should be dark
enough for easy reading. Para numbers should be given.
(ii) Enquiries/investigations should be thorough and complete and the
information supplied in the Final Reports should be adequate on all
points so that it is not necessary for senior Officers to raise any
avoidable queries.
(iii) The allegations, the facts of the case, the evidence available and the opinions
and comments should not be mixed up in the Final Reports. They should be
dealt with separately and succinctly.
(iv) Repetition should be avoided. The allegations should be listed in proper order in
a clear and definite form and discussed separately in detail.
(v) The analysis of the facts of the case should be kept separate from the opinion.
When there are a number of allegations and a number of accused persons,
care should be exercised so that the conclusion is very clear in respect of each
allegation and in respect of each accused. In the final recommendation, the
name of each accused person as well as his accused number should be
furnished, e.g., A.K. Manchanda (A-6).
(vi) If any of the necessary witnesses could not be examined or if some of the
documents could not be obtained, the same should be mentioned clearly in the
Final Report, giving clear reasons.
(vii) There should be no delay in the submission of or dealing with Final Reports or in
furnishing any supplementary information asked for by the Regional or Head
Office on the Final Reports. Superintendent of Police should see that the
Investigating Officer and the Law Officer do not take more than the required
time to prepare the Final Reports and to give their comments. Setting of target
dates for submission of FR-I and FR-II would help in this regard.
(viii) The Conduct Rule or Rules which have been violated by the suspect working in
a Government Department or Undertaking should be quoted and reproduced in
the Final Reports–I and II as well as in the SP’s report.
(ix) The correct import of the relevant Conduct Rule(s) should be considered and the
manner in which the Conduct Rule or Rules has been violated should be clearly
brought out.
(x) In respect of cases of disproportionate assets, the income, expenditure and
assets should be discussed in detail in the prescribed manner. The prescribed
Statements A to D should be furnished in the Final Report. Reasons for
accepting or rejecting various items under each head should be discussed in
sequence and the evidence marshalled properly to facilitate final decision
regarding each item.
(xi) Opinion received from the expert or at least the relevant portion thereof should be
incorporated in the Final Reports.
(xii) In cases pertaining to misappropriation of Government money or property,
several instances of misappropriation are dealt with as a whole. In Final
Report–Parts-I and II, each item should be discussed separately with a clear
opinion about any difficulty that we may have to face in proving
misappropriation of each item.
(xiii) The Branch Law Officers should not merely summarise the evidence collected
during the investigation/ inquiry. They should give a careful analytical note
which should, interalia, bring out the points which are to be established and the
evidence which establishes the particular points. They should highlight the
important propositions requiring decision in the Regional or Head Office. If any
further investigation is required to be done, it should also be set out.
Page 189 of 189
Superintendent of Police’s Report
19.14
Reports giving the result of enquiries/investigation are required to be sent to Ministries or other
Departmental authorities for the following purposes:–
(a) for getting sanction for prosecution;
(b) for obtaining a complaint for prosecution as required under the relevant
provisions of different Acts;
(c) for taking Regular Departmental Action;
(d) for taking such action as may be considered appropriate by the Department;
(e) for information only (This includes the report about closure of a case).
19.15 SP's Report is a very important document and should be prepared personally
by the SP in the prescribed format. The concerned Departments/ Government
Undertakings assess the CBI investigation of their cases solely on the basis of the
SP's Reports. The report should be grammatically correct, clear and unambiguous.
The report should be brief without repetitions and should contain all necessary data.
The internal differences of opinion among CBI Officers should not find mention in the
SP's Report, which should advance all arguments to justify the final order passed by
the Competent Authority in the CBI. The final recommendation should be precise. If
sanction is required, the relevant Section (including sub-section) of law under which
sanction is required should be mentioned with brief grounds. In some of the cases,
charge sheets cannot be filed and only complaints by certain statutory authorities
can be filed in the Court. In such cases, the relevant section prescribing the filing of a
complaint should be mentioned in the SP's Report. It should be borne in mind by the
SP that the efficiency and the quality of work done by the CBI would be viewed
mainly on the basis of the SP’s Report and, therefore, no effort should be spared
to make it factually correct, systematic, cogent and logical.
Preparation of SP’s Report
19.16 The following instructions should be carefully noted in connection with the
preparation of SP’s Reports:(a) The Report should be prepared with care, due attention being paid to quality and
presentation.
(b)
The Report should contain all useful and relevant information from the Final
Reports/Records of the case. However, information of a Departmental nature
which is of interest to CBI Officers only, e.g., names of IOs, dates of inquiry,
references to routine orders etc. need not be incorporated in the SP’s Report.
(c)
In regard to controversial points on which different opinions may have been
expressed by different Officers of the CBI, these differences should be settled
within the CBI and only the final opinion of the CBI is to be forwarded to the
outside authorities.
(d)
Very minor points which do not materially affect
be omitted.
the merits of the case could
Page 190 of 190
(e)
The defence pleas advanced by the suspected or accused persons or firms
are to be mentioned in full and not briefly or in a concise manner. The
accused’s explanation should be taken into consideration on all the points
alleged against him. It is also necessary to indicate clearly how the defence
pleas can be rebutted and explained. While both the prosecution and the
defence evidence has to be stated, it is to be presented, analyzed
and
discussed in this report in such a way as to support the course of action
suggested.
(f)
The exact amount of pecuniary advantage caused or the overpayment made in
case of purchases or construction work should be mentioned.
(g)
In cases requiring Regional or Head Office orders, the draft of the SP’s
Report shall be prepared even at the time of forwarding the FRs to the Regional
or Head Office in order to obviate delay.
(h)
In cases in which final orders regarding Regular Departmental Action or
Prosecution are required to be passed by the DIG, the SP’s Report may be
sent directly by the Branch to the concerned authorities with a copy to the
Regional and Head Offices for information.
(i)
In cases in which final orders are passed by the Superintendent of Police, the
SP’s Report will be sent directly from the Branch to the authorities concerned
with a copy to the Regional and Head Offices for information.
(j)
When sanction for prosecution is required, a draft sanction order should be
enclosed with the report. The draft sanction order should be prepared carefully
by the Law Officers in the light of Circular No.21/33/98-PD, dated 1-12-1998
(k)
Wherever it is decided to recommend Suitable Action against an Officer for
minor lapses which are not serious enough to warrant any kind of Regular
Departmental Action, the lapses must be pin-pointed in the SP’s Report itself
and it should not be left to the concerned
Department to go through the
report and try to find out which minor lapses were committed
by the
concerned Officer.
(l)
In para 4 of the SP’s Report under the title “Allegations”, the allegations against
each of the accused/ contractor/ firm which would necessitate action / banning
of business etc. should be mentioned specifically.
(m) Under the heading “Detailed Analysis”, in addition to discussing the evidence in
support of each allegation, the culpability of each of the accused, i.e. the
evidence available against each of the accused to establish a criminal offence
or Departmental misdemeanour should be discussed. Similarly, in regard to the
contractors/firms the evidence available to prove the offences/ irregularities
committed should be discussed allegation-wise.
(n)
In Para 7 titled as “Conclusion”, the exact offence committed by each of the
accused or the Conduct Rule contravened by him has to be spelt out
clearly. In regard to recommendations pertaining to action against contractors/
firms, it should also be mentioned if the allegation has been substantiated or
not and, if so, what
action is recommended against the accused
contractor/firm.
(o)
When a complaint is required to be filed by a public servant, a draft complaint
duly vetted by a Law Officer should be prepared for enclosing with the report.
(p)
When Regular Departmental Action is suggested, the following, documents
should be prepared for enclosing with the report:–
(i)
Draft Article of charge.
Page 191 of 191
(ii)
Draft Statement of imputations of misconduct in support of each article of
charge.
(iii)
Lists of witnesses and documents to prove the charges.
These documents may be prepared by the Investigating Officers, vetted
by the Law Officer and checked by the Superintendent of Police himself.
(q)
The following information should invariably be furnished under the heading
‘Suspects/ Accused persons’ in the SP’s Report:–
(i)
Name in full (with parentage) :
(ii)
Alias, if any :
(iii)
Address:
(a)
(b)
(iv)
Present :
Permanent :
Designation/Status and Pay Scale (For Public servants):
(a)
At the time, when the impugned act was committed.
(b)
At the time when this Report is being sent.
(v)
Ministry/Department in which the suspect/ accused is working (For Public
Servants)
(vi)
Date of retirement.
(vii) If arrested, whether in judicial custody, on bail, or absconding.
(viii) Whether suspended, if so, the date thereof.
(ix)
If suspended, whether by the Department. suo moto or on the
recommendations of the CBI.
(r)
The draft charges should be in the prescribed form. In Departmental
proceedings, charges would necessarily involve negligence, irregularities,
breaches of Departmental rules, disobedience of orders or instructions,
misconduct or unfitness for service. The draft charges should, therefore, be
based on these lines, and should not mention specific offences under the IPC
or other Criminal Laws.
(s)
The Departmental rules or circular/orders infringed should be quoted in the
statement of imputations and a copy of the concerned rule or order should
accompany the SP’s Report.
19.17 The SP’s Report should be self-contained and the issues involved in the case
should be fully discussed so that it should not be necessary to refer to any other
document for the full understanding of the prosecution case. In order to meet this
requirement, the SP’s Report should logically marshall the arguments so as to lead
to convincing conclusions. The report should never be too long, save in exceptional
cases.
19.18 Unless the contents of the SP’s Report so demand, the SP’s Report should ordinarily
be classified as “Confidential”. A higher security grading, viz., “Secret” may be given if the
contents satisfy the requirements as prescribed in the rules regarding security grading.
Privilege u/s.124 Evidence Act should be claimed for production in Court of FR-I, FR-II and
the SP’s Report, when so called for by the Court.
Lapses, Loopholes noticed
Page 192 of 192
19.19 Lapses in the enforcement of rules and regulations and loopholes in the
administrative procedure noticed in the course of an open enquiry by the CBI, which
facilitated the misconduct and the malpractices, should be brought out under the prescribed
heading (Annexure-III) in the SP’s Report. Suggestions of the CBI for avoiding such lapses
and plugging of the loopholes noticed during the investigation should also be given in this
para. An extract of this part of the SP’s Report should also be sent to the Policy Division of
the CBI for taking follow-up action, along with a copy of the covering letter with which the
SP’s Report was transmitted to the Ministry/CVC.
Enclosures to SP's Report
19.20 The following shall form enclosures of the SP's Report:–
(i)
Draft sanction order
(ii)
Draft articles of charge and statement of imputations
(iii)
Lists of witnesses and documents
(iv)
Statement of the accused in narrative form followed by specific
answers.
(v)
Statement A to D in cases of disproportionate assets.
(vi)
Draft complaints, with lists of witnesses and documents, in those cases in
which complaints are required to be filed by the Competent Authority.
questions and
(vii) In cases where the SP’s Reports are sent to the CVC for giving its advice to the
Department, a copy of the opinion of the Law Officer should be sent along with
the SP’s Report to the CVC only. In certain cases the opinion of the Law
Officers may not have been accepted by the DIG/ JD/ADCBI/DCBI, as the case
may be, and, therefore, recommendations contained in the SP’s Report may be
at variance with the opinion tendered by the Law Officers. In such cases, while
forwarding the SP’s Report along with the opinion of Law Officers, grounds on
which the DIG/JD/ADCBI/DCBI did not accept the opinion of the Law Officer,
should also be communicated to the CVC.
19.21 The SP's Report should be sent through a special messenger or by Registered
Post/Speed Post only.
______
Page 193 of 193
CHAPTER 20
DEPARTMENTAL ACTION
Reference of Cases for Departmental Action /Suitable Action
20.1 Cases investigated by the CBI are referred to the Ministries or Departments
concerned, on the completion of investigation, for taking Regular Departmental Action,
against such public servants, instead of launching prosecution in a Court of Law under the
following circumstances:–
(a)
When there is inadequate evidence for a successful criminal prosecution but
there is good evidence for Departmental Action.
(b)
When the charges established by the enquiry are breaches of Departmental
rules or misconduct not amounting to criminal offences.
(c)
When Departmental Action is preferable to prosecution for some other
important reasons.
In the cases registered against Officers/men of the armed forces, the following types of
action can be recommended:–
(i)
Court Martial proceedings under the Act/Rules governing them.
(ii)
Administrative Action.
(iii)
Trial by a Civil Court.
20.2 In the cases registered against the Officers and men of Central Police Organizations
falling under the definition of "other Armed Forces of the Union", set up under Acts of
Parliament and governed under the rules framed thereunder, the recommendations for any
Departmental Action will be taken under the relevant rules of the concerned force.
20.3 In the cases where action is recommended under the Army Act/Air Force Act/Naval Act, no
advice will be required to be obtained from the CVC and no copy of the SP’s Report will be
sent to the CVC However, the Department, at the time of taking final action against the
Delinquent Officer, if of commissioned rank, will refer the case to the CVC and seek its
advice.
20.4 In the cases investigated by the CBI in which the same facts constitute the ground for both
Departmental Action as well as Prosecution, the charge-sheet under Section 173 Cr.P.C.
should be filed immediately on completion of investigation along with the original relied upon
records, after obtaining sanction for prosecution wherever necessary. For Departmental
Action simultaneous request should be sent to the competent disciplinary authority. This
request should be sent along with authenticated copies of the relevant documents
immediately to the Competent Authority/Head of Department with copies to the C.V.C. and
the CVO of the organization. In other cases involving less serious offences or involving
Page 194 of 194
malpractices of a Departmental nature, RDA only should be taken and the question of
prosecution should generally not arise. Any difference of opinion regarding the question
whether Departmental Action or Prosecution in a Court of Law should be initiated in the first
instance will be resolved on the basis of the advice of CVC.
Documents to be sent for taking Departmental Action
20.5 The following documents should be sent in a paper book form to the Departmental
authorities for initiating Regular Departmental Action for major penalty in CBI cases:–
(a)
Superintendent of Police’s Report.
(b)
Draft Articles of Charges (Draft Charges)
(c)
Draft Statement of Imputations of misconduct or misbehavior in support of the
Articles of Charges ( Draft Statement of allegations).
(d)
List of Witnesses.
(e)
List of Documents.
(f)
Copies of Statements relied upon.
(g)
Copies of Documents relied upon.
(h)
Copy of statement of delinquent and comments of the
thereon.
Investigating Officer
20.6 If the recommendation is for RDA for Minor Penalty it will be clearly mentioned in the SP’s
Report and the draft Article of Charge will not be furnished with the SP’s Report. Only the
draft statement of imputations of misconduct or misbehaviour will be sent to the concerned
Department.
20.7 In cases when the CBI recommendation is for initiation of RDA for Major Penalty or for RDA
for Major Penalty and prosecution and where the CBI feels necessary and in public interest
to appoint a Presenting Officer, the name of the Presenting Officer will also be mentioned in
the SP's Report sent to the Department. The Policy Division instructions be referred to in
this regard.
Documents to be sent with SP’s Report in Railway Cases
20.8 In all cases against G.Os. where R.D.A. (for Major or Minor penalty) or such action as
deemed fit by the Department is recommended, the documents relied upon will be sent by
the CBI to the Railway Board along with the SP’s Report. In cases against non-Gazetted
staff, SP’s Reports will be sent to the C.V.O. of the Zonal Railways.
Preparation of Draft Articles of Charge
20.9 The Draft Articles of Charge should be drawn up in the form prescribed in the Vigilance
Manual, Vol.II, Part-I. In cases relating to possession of assets disproportionate to one’s
known sources of income, the following form of charges should be used, with suitable
modifications, wherever necessary:
Page 195 of 195
“Statement of charges framed against Shri/Ms. ______________________________
(Name & Designation of the Public Servant) _________________________________
CHARGE
20.10 That Shri/Ms. _____________ while functioning in various capacities under the
Government of India, during the period between ____________ and __________ was found
on ________ in possession of assets, which are disproportionate to his known sources of
income to the extent of about Rs.__________ suggesting that the aforesaid Shri/Ms.
__________ acquired the said disproportionate assets by questionable means and/or from
dubious sources and thereby he/she failed to maintain absolute integrity.
20.11 In all cases the charges should be in the third person. The designation of the public
servant concerned and the period of time involved should be mentioned. It must be
remembered that Departmental Action is taken not under the provisions of the IPC or other
Criminal Laws but under the service and Departmental rules. It is, therefore, necessary to
frame the charges in such a manner that the case is covered by the Departmental or service
rules applicable to the public servant concerned. Normally, such action can be considered
under the heads misconduct, negligence in performance of duty or failure to maintain
absolute integrity and devotion to duty. Acts of commission and omission, irregularities,
breaches of Departmental rules, disobedience of orders and instructions can be brought in
under one or more of the above mentioned heads. Even allegations of possessing
disproportionate assets and the like can be covered under such rules. If there has been
breach of any specific Rule of the Government servants Conduct Rules or similar Service
Rules, then the specific rule so violated, should be mentioned in the charge.
20.12 The charges should be precise and distinct and framed in clear and unambiguous
language so as to communicate to the Delinquent Officer the grounds on which he is being
charged and the particular irregularities etc. which he has committed. They should not
contain discussion of evidence or any opinions and conclusions.
Statement of Imputations
20.13 A “Statement of Imputations of Misconduct etc.” (Statement of Allegations) in the
form prescribed in Vol. II Part-I of the Vigilance Manual containing the grounds on which the
charges are based and the circumstances under which it is proposed to take action against
the Officer, should be sent along with the draft ‘Articles of Charge’. This ‘Statement of
Imputations of Misconduct etc.’ should indicate clearly in sufficient detail all the acts of
omission or commission on which each charge is based. All instances of irregularities etc.,
which are relied upon in support of the charges and which are to be proved in the course of
the proceedings, should be specifically mentioned. Superfluous comments and opinions of
the Investigating or Prosecuting Officers or a discussion of the material available should be
avoided. The ‘Statement of Imputations of Misconduct etc.’ should be confined to the
narration of facts, which constitute and support the charge.
20.14 In cases where major revision of articles of charge/statement of imputations,
becomes necessary either due to a decision to initiate major penalty action instead of minor
penalty as recommended by the CBI / or inclusion of some other charge, re-drafting will be
done by the Vigilance Section of the concerned Ministry/Department to avoid delays
consequent to such changes and the drafts will be sent to CBI for vetting only.
20.15 In cases where the Presenting Officer is of CBI a copy of the charge and the
accompanying documents as served on Delinquent Officer will be endorsed by the
Department to the CBI in order to enable the Presenting Officer to acquaint himself/herself
Page 196 of 196
with the amendments, made in the charge-sheet and the implication of such changes well
in advance of the date of the oral enquiry.
List of Witnesses and Documents
20.16 List of witnesses and documents have also to be prepared and sent along with the
draft ‘Articles of Charge’ and ‘Statement of Imputations of Misconduct etc.’ These lists
should include all witnesses and documents relied upon to prove the allegations and the
charges. Against the name of each witness should be indicated, briefly but clearly, what he
is expected to prove. The list of documents should include documents like the First
Information Report if there is one on record but anonymous or pseudonymous complaints or
the SP’s Report should not be included in the list and no reference should be made to them
in the ‘Statement of Imputations of Misconduct etc.’ to be served on the Delinquent Officer.
If any reference is made to the anonymous/ pseudonymous applications or the SP’s Report
then it would not be possible to deny access to these documents to the delinquent. Great
care should be exercised while including the witnesses and documents in the lists. It should
be ensured that no unnecessary names or documents are included and that nothing material
or useful is left out.
Branch Prosecution Staff to prepare Draft Charges etc.
20.17 Draft ‘Articles of Charge’, ‘Statement of Imputations of Misconduct etc.’ and the lists
of witnesses and documents should be prepared by the Branch Prosecuting staff in
consultation with the Investigating Officer. In the case of Gazetted Officers of Group ‘A’, the
‘Articles of Charge’ will be vetted by the Deputy Legal Advisor. In other cases they have to
be vetted by the Law Officers at suitable level.
Documents which are not to be sent to Departmental Authorities
20.18 Case Diaries and other records of Police Investigation should not be sent to the
Departmental authorities while referring cases for Regular Departmental Action.
Classification of Status of Officer of Public Sector Undertakings
20.19 Public Servants belonging to various Central Government Public Undertakings,
Nationalized Banks and other autonomous bodies where the CBI has jurisdiction to
investigate, are categorized and classified as Other Public Servants of Group ‘A’, ‘B’ and ‘C’
status etc. For the purposes of the CBI, the following criteria are adopted:–
(a)
CMDs and MDs or equivalent, Senior Management Level and Board Level
Appointees, General Managers/Group Senior/Chief General Managers,
Executive Director, Dy. Managing Directors of Public Sector Undertakings and
Nationalized Banks are considered as Group ‘A’ Category.
Middle
Management Officers of Public Sector Undertakings and Nationalized Banks
are also considered as Group ‘A’ Category.
(b)
Junior Management Level Officers of Public Sector Undertakings and
Nationalized Banks are considered as Group ‘B’ Category.
(c)
Award Staff of Public Sector Undertakings and Nationalized Banks are
considered as Group ‘C’ & ‘D’ Categories.
Page 197 of 197
(d)
Copies of the SP’s Report in cases where the suspect Officers belonging to
Public Sector Undertakings/Autonomous bodies are classified as Group ‘A’ or
‘B’ categories, should be sent to the CVC for advice. Action against the
concerned Officers will be initiated on receipt of advice from CVC.
In other
cases of Gazetted Officers of Central Government, action will be taken after the
receipt of the CVC advice. All Officers of the Central Government classified as
Group ‘A’ and ‘B’ are Gazetted Officers. Aforesaid criteria are generally applied
while forwarding the SP’s Report to the concerned authorities. However, it
should be borne in mind that the SP’s Reports against Group ‘A’ & ‘B’,
operatives of comparable status and against State Government employees, the
Branches should forward the SP’s Report to the Department/concerned
Ministry/CVC (where warranted) and to the State Government, as the case
may be, through the Department of Personnel & Training and a copy of the
SP’s Report along with forwarding letter should be endorsed to CBI HO for
information.
Procedure for making Reference to Departmental Authorities
20.20 The procedure for making references to Departmental authorities for taking Regular
Departmental Action is as follows:–
(i)
In cases in which Delinquent Officers are Non-Gazetted and the offices
in which they are serving are not Ministries proper of the Government of
India, the SP’s Report, draft charges etc. should be forwarded to the
concerned Departmental authorities by the Branches with a request to
take Regular Departmental Action. Copies of these papers should be
sent to RO/HO for information. A copy of the letter forwarding the SP’s
Report (but not the SP’s Report, draft charges etc.) should also be
endorsed to the Vigilance Officer of the Ministry concerned for the
information of the Administrative Ministry.
(ii)
In cases in which Gazetted Officers and Non-Gazetted Officers and staff
serving in the Ministries proper of the Government of India are involved, copies
of SP’s Report, Draft ‘Articles of Charge etc.’ should be forwarded by the
Branches to the Ministry concerned, the Central Vigilance Commission etc.
through the DIG.
(iii)
In cases in which Gazetted as well as Non-Gazetted Officers are involved,
copies of the SP’s Report, draft ‘Articles of Charge’ etc. should be forwarded to
the Vigilance Officer of the concerned Ministry with copies to the CVC, to the
Administrative Vigilance Division, Department of Personnel & Training and to
the Head Office.
(iv)
In cases, whether involving Gazetted or Non-Gazetted public servants, in which
it is suggested by the CBI that the Departmental proceedings should be
conducted by the Commissioners of Departmental Enquiries under the CVC,
the SP’s Report should be addressed to the Ministry/Department concerned
with a copy to the CVC.
(v)
Two sets of SP’s Report should be forwarded to the concerned
Ministry/Department/Undertaking in cases where RDA is recommended against
Officers of Group 'A’ status or other public servants of equivalent status,
requesting them to initiate Departmental proceedings as soon as the advice of
the CVC is received by them. A copy of SP’s Report, with enclosures, should
Page 198 of 198
be forwarded to the CVC also with the request to tender their advice to the
concerned Ministry and furnish a copy of the same to the CBI.
(vi)
In case the disciplinary authority for the Delinquent Officer is the President of
India, one set of SP’s Report is required to be forwarded to the Department of
Personnel & Training.
(vii) In cases against Group ‘B’ Officers where RDA or suitable action is
recommended, one set of SP’s Report should be forwarded to the Disciplinary
Authority with a request to initiate Departmental proceedings or take adequate
action as soon as the advice of the CVC is received by them. The Department
should also be requested to forward their comments to the CVC within the
specified period according to the standing instructions. One set of SP’s Report
should be forwarded to the concerned Ministry also and one set should be
forwarded to the CVC requesting them to give their advice to the Department
concerned and make available a copy of their advice to CBI also.
Separate Sets of Papers to be sent in respect of each Delinquent
20.21 Draft ‘Articles of Charge’, ‘Draft Statement of Imputations of Misconduct etc.’ and the
lists of witnesses and documents should be prepared separately in respect of each
Delinquent Officer.
CBI Officers to assist in Disciplinary Proceedings
20.22
Officers of the CBI will render necessary assistance to the Enquiry Officer in the
conduct of disciplinary proceedings, i.e. in cases against CBI personnel and in important
cases where the accused are also to be prosecuted in the light of Policy Division Circular
Nos. DP0992003/00061/21/52/98-PD, dated 7-1-2003 and DP0992003/01687/ 21/52/98-PD,
dated 9-7-2003. In such case, the letter forwarding SP’s Report recommending Regular
Departmental Action should, inter alia, contain the following sentence:–
“The services of an Officer of the CBI would be available to the Enquiry Committee or the
Enquiry Officer, for securing attendance of witnesses, producing the documents
relied upon, explaining the gist of evidence gathered and for giving such clarification
as may be required.”
20.23
In case the designated Presenting Officer of the CBI is unable to present the case on a
particular date for some valid reason, he/she shall authorize and nominate any other Officer
of the CBI to present the case on his/her behalf and on behalf of the Disciplinary Authority
during such hearing. The Presenting Officer, has, however, to ensure that the official
nominated by him/her, to present the case before the Enquiry Officer on his/her behalf was
not associated with the particular investigation/enquiry at any stage. Absence of the
Presenting Officer or his/her nominee on any hearing causes a lot of inconvenience to the
Enquiry Officer, the charged Officer and the witnesses. The Branch SP should ensure that
such absence by the P.O. or his/her nominee is avoided in all circumstances.
20.24
If the disciplinary proceedings in a case have been initiated as a result of the
enquiry/investigation made by the CBI and the Presenting Officer is the nominee of the CBI,
the concerned authorities of the CBI should be consulted by the Disciplinary
Authority/Department while defending the Court case, if any, filed by the Delinquent
official in connection with the matters connected with the disciplinary proceedings.
Page 199 of 199
20.25
It will be open to the CBI to point out in any particular case before the enquiry is
concluded that the examination of any particular person as a witness is necessary and to
request the Enquiry Officer that he/she may be so examined.
Verification of Explanation of Delinquent Officers
20.26
Instructions have been issued by the Ministry of Home Affairs to all Ministries to ensure
that in cases in which Departmental Action is taken on the recommendation of the CBI the
written explanation given by the Delinquent Officers on charges framed against them are
made available to the CBI before the actual commencement of the Departmental
proceedings. The written statement of defence, so received from the disciplinary authorities
by the CBI, should be examined with a view to rebut or verify the points raised therein. If any
new point is raised by the delinquent in his written statement of defence, which can be
successfully met by getting fresh oral or documentary evidence, such evidence should be
collected by conducting further investigation into the matter. If further investigation results in
obtaining useful oral or documentary evidence to meet the new points raised by the
delinquent, a supplementary list of witnesses and documents should be forwarded to the
Competent Authority along with the comments on the written statement of defence. It should
also be seen if it has become unnecessary to call any witness during the actual enquiry and,
if so, this should be mentioned in the comments with reasons so that such witnesses may be
dropped by the Enquiry Officer. A witness may be considered to have become unnecessary
only when the statement of defence shows that the witness is irrelevant and not because
such portions of the charge, as are supported by a witness, have been admitted by the
delinquent official. This precaution is necessary as, at a later stage, the delinquent official
may change his defence and then the proceedings may be too advanced to call in the
witness. When a case is referred for Departmental Action, the list of witnesses proposed by
the CBI should be reviewed to exclude formal witnesses whose examination may be
required only if the case was to go to a Court of Law but who could be easily dispensed
with in Departmental proceedings.
20.27
It is sometimes noticed that two or more formal witnesses are examined only to prove
some procedural point relevant to the charge. This can perhaps be eliminated if the
Presenting Officers were to obtain an authoritative statement from the Department on the
point. This would help in minimizing the time taken in conducting the enquiries.
20.28
Whenever witnesses turn hostile in RDA, this fact must be immediately brought to the
notice of the SP by the P.O. The SP should examine as to why the witness turned hostile,
fix responsibility for that, if any, and give his/her suggestions to repair the damage caused
due to one or more witnesses having turned hostile. A report on these points along with
recommendations of the SP and of the Sr. PP, if required must also be sent to the Head
Office through the DIG.
Stay of Proceedings where not necessary
20.29
The proceedings need not be adjourned or stayed in the following circumstances:–
(i)
On receipt of a notice u/s 80 of the C.P.C.
(ii)
On receipt of intimation that the accused Officer proposed to file a writ petition.
(iii)
On receipt of a mere show-cause notice from a Court asking:
(a)
Why the petition should not be admitted
or
(b)
Why the proceedings pending before the Disciplinary Authority/ Inquiry
Authority should not be stayed?
or
Page 200 of 200
(c)
Why the writ or an order should not be issued?
20.30
The proceedings should be stayed only when a Court of competent jurisdiction issues
an injunction or clear order staying such proceedings. No disciplinary proceedings, however,
should be started subsequent to the initiation of the Court proceedings if they have the effect
of deterring the petitioner from proceeding with the Court case.
Assistance in obtaining Documents
20.31
Necessary assistance should be
provided by the CBI Officers in securing and
supplying authenticated or certified copies of documents which may be in a Court of Law.
Obtaining Copies of Postal Savings Accounts
20.32
The Postal authorities cannot be compelled to supply certified copies of Savings Bank
Accounts etc. Under the law they can only be asked to produce the records for inspection
during the course of enquiry or investigation. Copies of such records should be obtained by
the Investigating Officer himself during the course of investigation. A written requisition
should be made to the Postal authorities for the relevant records. It would then be for the
Postal authorities to consider whether they would prefer to produce the account books in
original for scrutiny by the Investigation Officer, or supply certified copies of the relevant
entries. The Postal authorities should be persuaded to give certified copies of the relevant
entries but if they do not agree to do so, an issue should not be made of it. In such cases
the Investigating Officer should himself scrutinize the records and take copies of the relevant
entries if possible, he should also get these copies attested and certified by a Gazetted
Officer. These certified copies can then be produced in Departmental proceedings, should
they be found necessary.
Proof of Documents
20.33
In those Departmental enquiries in which attested/certified copies of bank accounts,
Government communications etc. are accepted and admitted without raising any doubt,
there is no need to produce formal witnesses to prove these documents. The witnesses who
were originally cited only for proving such documents should be dropped in such cases.
However, if an Enquiry Officer insists on the production of formal witnesses to prove the
relevant documents, they should be produced before him.
Supply of Copies and Inspection of Documents
20.34
When a case has been reported for Regular Departmental Action and investigation has
been finally closed by the CBI and accepted by the Court and no further action is
contemplated, the CBI should handover all documents of the case, except the Case Diaries
and investigation records, to the Vigilance Officer of the Ministry or the Head of the
Department concerned, as the case may be. It will then be for such authorities to allow the
documents to be inspected or perused by the Officer charged with the default.
20.35
In cases which are investigated by the CBI and likely to be charge-sheeted in a Court
and in which Departmental Action has been initiated, certified/authenticated photocopies of
the documents, which are to be filed as exhibits in the Court, may be sent to the Vigilance
Officer of the Ministry or the Head of the Department concerned as the original document
are to be submitted in the Court.
20.36
Copies of documents to which reference has been made in the charges, in the
statement of allegations and in the list of documents and witnesses, should be supplied to
the Delinquent Officer or made available for inspection by him on a request made to that
effect by the disciplinary authority. Other records of investigation like the SP’s Report, Final
Page 201 of 201
Reports, case diaries etc. should not, however, be made available to Delinquent Officers on
any ground whatsoever.
Issue of Reminders
20.37 In all cases where the CBI has appointed its Presenting Officer, periodic reminders
should be issued until the results of Departmental Action are received. Ministries should,
however, be reminded through the Head Office. On receipt of a copy of the Final Orders and
the gist of charges found proved, the Branch should examine the adequacy or otherwise of
the punishment awarded in the case. When it is considered that the punishment inflicted is
inadequate or exoneration is unjustified and the case is strong enough for a review, further
steps should be taken for arranging for such a review. In this connection attention of the
SP's is invited to Rule 29 of the Central Civil Services (Classification, Control and Appeal)
Rules, 1965, and analogous Appeal Rules approved by the Department in respect of its
employees, if any. The limitation should be kept in mind.
P.O. to keep Gist of Depositions
20.38 The Presenting Officer may either request for copies of depositions of the witnesses
or take down the gist of their statements during the Departmental enquiry proceeding.
These depositions can be used later to decide if any review against the findings of the
Enquiry Officer is necessary.
20.39 In cases in which a perusal of the findings of the Inquiry Officer and the order of the
disciplinary authority indicates that a review should be requested and that for making out a
case for review, it is absolutely essential to see the records of the Departmental enquiry, a
request for inspection of such records can be made to the Ministry and, if necessary, to the
Central Vigilance Commission.
Procedure for Requisition of Minutes/Orders of Enquiry
20.40 Whenever it is felt necessary to peruse the minutes/orders of a Departmental
proceedings in a case, the following procedure should be followed –
(a)
In the case of NGOs the Branches may make such requests and also address
the disciplinary authority or the head of the Department for a review, in case a
review is considered necessary. If such request of the CBI is rejected by the
Department and the matter is sufficiently important for being brought to the
notice of the CVC, a request for review may be made to the CVC/AVD through
the Head Office.
(b)
In cases of review involving Gazetted Officers, the Regional DIG will requisition
the minutes/order. If it is considered necessary, the Head Office will make a
request for files directly from the Ministry, Railway Board or Department
concerned. Such requests should be made in really genuine cases.
Procedure for Review in Railway Cases
20.41 The CBI Branches should refer cases of inadequate punishment in Departmental
Action relating to Non-Gazetted Railway employees to the General Manager of the
concerned Railway for examination and review. The General Manager is competent to carry
out such reviews. The Superintendent of Police of the Branch concerned may also take up
Page 202 of 202
such cases for discussion with the Senior Deputy General Manager/General Manager of the
concerned Railway by arrangement. If the Superintendent of Police is unable to resolve the
case in the manner set forth above, but considers it to be important enough for being taken
up with the Railway Board through the Ministry of Personnel, he should refer the case to the
Head Office through his DIG for further action in the matter.
20.42 Copies of inquiry proceedings against Non-Gazetted Officers will be made available to
the Superintendent of Police of the Branch concerned at his request by the Railway
authorities where the punishment awarded is considered inadequate and discussions are
required to be held between the Superintendent of Police and the Senior Deputy General
Manager/ General Manager of the Railway.
20.43 Cases involving Gazetted Railway Officers should, however, be reported to the Head
Office through the DIG for necessary action, if they are to be taken up for review. In all
cases in which the CBI considers a review necessary but the Railway Board does not agree,
a reference will be made to the Central Vigilance Commission.
20.44 In consultation with DP&T, the CVC has prescribed, vide their Letter No. 6/3/73-R,
dated 20-8-1973, that whenever a writ petition is filed by a public servant in disciplinary
cases initiated on the basis of CBI reports, the counter-affidavit should be filed by the
Disciplinary Authority in consultation with the CBI. The CBI should also be associated in
defending the writ petition and for rendering such assistance as may be useful in arguing the
case before the Court.
Action against Firms, Contractors
20.45 Government have, for the purpose of Departmental Action, formulated Standardized
Codes for registration, removal, banning of business etc. with (i) building contractors, (ii)
suppliers and firms.
20.46 Departmental Action against business firms or contractors involved in CBI cases may
be recommended to the Departments concerned as is done in regard to defaulting public
servants. Whenever any firm/company and/or its Directors/ Proprietors/Partners come to
adverse notice after finalization of the enquiry/ investigation, a clear recommendation should
be made regarding the type of Departmental Action to be initiated against the company/firm
and its Directors/ Proprietors/Partners. Grounds for taking such action should also be
furnished. In such cases, it is not necessary to send draft charges, statement of allegations
etc. as is done when recommending Regular Departmental Action against public servants.
The SP'’ Report detailing the facts of the case would be sufficient for recommending the
action to be taken against the company/firm. On receipt of such a report, the Administrative
Ministry / Department will take steps to suspend/ban dealings with the firm or any other
appropriate action, in the light of the policy enunciated in Government of India, Works &
Housing Ministry, O.M. No. 13011, 1/72-W-4, dated 20th September, 1976 relating to action
against firms/ contractors involved in CBI cases.
Progress Reports
20.47 The progress made in disciplinary proceedings, where Presenting Officer has been
appointed by the CBI, pending before Enquiry Officers should be intimated to the Regional
Office by the concerned branches preferably at intervals of two months after a case has
been reported for Regular Departmental Action and till such time as the proceedings are
finally closed.
Page 203 of 203
20.48
The Branch SP should obtain a report about the progress of RDA cases at the
beginning of the month in the following proforma in cases where a CBI Officer/official is the
P.O:–
Sl. No.Case NoName ofDate
the of present
Name of No.
the
PO
hearing/
Enquiry
previous
Officer
hearing
of
the
witnesses
summoned
on
this
date/
previous
date
Date of Number of witnesses on
issue of
whom
proper
summons/ service has been
notice by
made, with date
the
for
this
date/
Enquiry
previous
date
Officer for together
with
this date /
number
who
previous
attended and were
date
examined
&
discharged on the
previous date
20.49 In disciplinary proceedings against Gazetted Officers, where a CBI Officer is
nominated and appointed as the Presenting Officer, the P.O. should prepare and submit
Progress Report for each date of hearing which should be forwarded to the Regional Office
of the CBI and the CVO of the Department concerned. In disciplinary proceedings against
NGOs, the Progress Reports for each date need not be sent to the Regional Office of the
CBI but in these cases also the Presenting Officer should prepare the Progress Report and
send a copy to the disciplinary authority/CVO of the concerned Ministry/Department
/Undertaking.
20.50 Progress Reports in cases where a CBI Officer has been appointed as P.O. pending
before the CDIs should be sent by the P.O. through the SP to the Regional Office and to the
CVO of the Ministry concerned.
The Branch SP has to ensure that Departmental proceedings are completed
expeditiously and that there is no delay at any stage of the proceedings. Expeditious
disposal can also be achieved by extending co-operation by the CBI to the E.O. in the
following manner:–
(i)
The minimum number of formal witnesses should be examined to prove a
procedural point relevant to the charge. This should be done subject to the
proviso that correct presentation of facts does not suffer.
(ii)
The P.O. should ensure presence of witnesses as also inspection of listed
documents at the earliest.
(iii)
No Sr. PP/PP/APP should be appointed as P.O. as otherwise the charged
Officer would have a right to be represented through a legal practitioner. In
case it becomes necessary to appoint a Prosecuting Officer to present case in
Departmental proceedings, prior permission of the Director Prosecution should
be taken, giving reasons why it is necessary.
(iv)
The P.O. should be briefed by the I.O./Pairvi Officer and the Branch SP should
ensure that the P.O. gives a certificate to this effect on the case papers only.
Page 204 of 204
This would obviate a later plea by the P.O. that he was not properly briefed by
the I.O. Copy of the memo of handing over charge issued by the I.O. should be
obtained by the Branch SP. One copy of the same should be issued to the P.O.
and one should be sent to the Regional DIG.
(v)
Copies of statements of PWs should be prepared quickly and made available to
the P.O. within 15 days of sending the SP’s Report to the HO. Simultaneously,
the PO, with the help of the IO, should ascertain the whereabouts of the PWs.
Later, when the P.O. receives intimation regarding his nomination, he should
again verify the location of the PWs.
Register of cases referred for Departmental Action /Suitable Action
20.51 Two separate registers shall be maintained in each Branch in Form SPE CR.VII in
which cases reported for (i) Regular Departmental Action and (ii) Suitable action to
Ministries/Departments shall be entered. These registers shall be required to be checked
every month by the Branch SP.
______
Page 205 of 205
CHAPTER 21
DIRECTORATE OF PROSECUTION
(LEGAL DIVISION)
ORGANIZATION
21.1 The Directorate of Prosecution in the CBI is responsible to conduct and supervise the
cases pending trial, appeal and revision in Courts. The Director of Prosecution would be the
chief functionary of the Prosecution Wing of the CBI and is vested with the powers of
direction and control over the Prosecuting Officers. He will be assisted by the Additional
Legal Advisors, Deputy Legal Advisors, Senior Public Prosecutors, Public Prosecutor and
Assistant Public Prosecutors posted in the Head Office/High Courts and Zones/Regions and
Branches/Units.
FUNCTIONS
21.2 The functions of the Directorate of Prosecution include among others, the
following: –
(i)
Tendering Legal Advice in CBI cases.
(ii)
Conducting prosecution in CBI cases.
(iii)
Matters relating to amendment of laws or promulgation of new laws.
(iv)
Matters relating to Notification of offences u/s 3, 5 and 6 of DSPE Act.
(v)
Processing Legal matters pertaining to the Conferences and meetings.
(vi)
Matters relating to interpretation of laws, statutory rules and regulations
and amendments thereof.
(vii)
Preparation of Notes on Legal matters for publication in CBI Bulletins/
Periodicals etc
(viii)
Matters relating to the appointment of Special Judges, Magistrates,
Retainer Counsels and Special Counsels and other matters related
thereto.
(ix)
Matters relating to the Notifications regarding appointment of CBI
Prosecuting Officers u/s 24 and 25 of Cr.P.C., 1973.
(x)
Correspondence regarding Parliament Questions on the above
matters.
Head of the Directorate of Prosecution
21.3 Director of Prosecution will be the overall incharge of the Prosecution Wing of
CBI responsible for all work relating to prosecution, appeal and revision of cases.
He will also be responsible for maintaining efficiency, discipline and integrity of all
functionaries in the Prosecution Wing.
Page 206 of 206
21.4 The Director of Prosecution will be the Chief Counsellor of the CBI in all legal
and procedural matters. He will maintain necessary liaison and contact with the
Ministry of Law and keep the Director, Special/Additional Director and Joint Directors
informed of all matters of importance and interest. Subject to general directions of
the Director, CBI, the main functions and duties of the Director of Prosecution shall
be as under:
(a)
Director of Prosecution in CBI shall be responsible for:
(i)
Supervising and monitoring the conduct of prosecution in Courts,
(ii)
Preferring as well as appearing in Appeals, Revisions, etc. on
behalf of the CBI in Appellate and Revisional Courts.
(iii) Give advice to Police Officers in all legal matters on general points,
specific cases or important issues arising during investigation or
trial.
(iv) To maintain overall control, authority and responsibility for the work,
efficiency, integrity and discipline of all legal Officers of CBI.
(b)
Advise the Director, CBI/Additional Directors, CBI in matters involving
policy and general principles in connection with investigations or
prosecution or Departmental Action.
(c)
Scrutinize and comment on Final Reports in the following types of cases:–
(i)
Any important case in which the Director, CBI requires his
advice.
(ii)
Cases in which applications for withdrawal have been submitted
either by the accused or anyone else on his behalf.
(d)
Scrutiny of cases of exoneration and inadequate punishment of those
mentioned in sub-para (c )
(e)
Scrutiny of the judgements in cases mentioned in sub-para (c).
(f)
To examine cases resulting in acquittal, discharge or inadequate
sentence and to determine whether appeals or revisions need to be filed.
(g)
Preparing briefs for obtaining opinion of the Attorney General / Solicitor
General in cases where Special Leave Petition under Article 136(1) of
the Constitution of India is proposed to be moved.
(h)
Reply Parliament Questions involving legal issues.
(i)
To examine matters involving amendments to Laws.
(j)
Preparing Panel of Special Counsels to conduct prosecutions, appeals or
revisions on behalf of CBI with the approval of the Government, and
operating the same and selecting the retainer counsels for High Courts.
(k)
Visit CBI Regions/Branches to assess the professional functioning of
Legal Sections in Branches/Regions.
(l)
Ensure prompt action on the minutes of coordination meetings held at
Page 207 of 207
the level of the Branches/Regions, Zones and Head Office between
Prosecutors and Investigating Officers.
(m)
Such other subjects relating to legal matters as may be referred to him
by the Director, CBI.
Additional Legal Advisor
21.5 Subject to any general or special orders of the Director of Prosecution, the
main functions and duties of the Additional Legal Advisor shall be as under:(a)
To scrutinize and advise on:
(i)
Cases against GOs in which Prosecution has been recommended
by the Branch SP & Sr. PP or DIG/DLA or any Officer at Hqrs. in
which sanction for prosecution has to be issued in the name of the
President.
(ii)
Cases involving Heads of Departments, Heads of Public Sector
Undertakings, Military Officers of and above the rank of Brigadier
and Members of Parliament.
(iii)
Important cases against Joint Stock Companies.
(iv)
EOW case involving amounts as per the powers of Joint Director
as per the latest Policy Division Circular.
(v)
Any other important cases, though not falling in one of the above
categories, where the Director, Addl. Director or one of the Joint
Directors requires his advice.
(b)
Checking of SP’s Report, draft sanction orders and draft charges etc. in
the above cases vide para (a).
(c)
Scrutiny of judgements where the accused have been
discharged/exonerated or given inadequate punishment in any trial
proceeding.
(d)
Tender advice on important legal issues during investigation, supervise
prosecution of CBI cases under trial and peruse Court Diaries in all
important cases.
(e)
Conduct of important CBI cases in Courts, whenever required.
(f)
In the absence of Director of Prosecution, he will attend to his work.
(g)
Such other subjects relating to legal matters as may be referred to him
by the Joint Director/Additional Director and Director.
(h)
Attend coordination meetings with the Joint Director for review of
prosecution work and submit the minutes with comments to the Director
of Prosecution.
Duties and Responsibilities of the ALA attached to High Court
21.6
(i)
To maintain a record of CBI cases filed in or pending before the High
Court and furnish information to Director Prosecution.
(ii)
To conduct all CBI cases coming up in the High Court suo
motu, except where Special Counsel is engaged.
Page 208 of 208
(iii)
To maintain close liaison with PP/Government Advocate at
the High Court to ensure that the Revisions, Appeals or other matters
arising out of CBI cases are filed in the High Court well in time and within
the period of limitation.
(iv)
To examine the petitions, appeals, revisions etc. to be filed
in the High Court on behalf of the CBI before these are filed.
(v)
To examine all cases where interlocutory orders have been
passed by the High Court and recommend remedial action to the
Director of Prosecution.
(vi)
In Writs and other matters in the High Court, he will examine
the parawise comments prepared by the Branch in consultation with the
Law Officer concerned.
(vii)
To examine all orders of the High Court in cases where CBI
has been made a party and to recommend whether or not to file
SLPs/Appeals against such orders.
(viii)
To submit weekly diary of his work to the Director of
Prosecution.
(ix)
To supervise preparation of paper books to ensure timely
submission of records of CBI cases before the High Court.
(x)
To give advance information of the dates of hearings in all
such cases to the concerned Branch.
(xi)
To acquaint himself with the facts of each CBI cases in the
High Court and obtain instructions from the Director of Prosecution and
the concerned Joint Director.
(xii)
To apply urgently and obtain copies of all judgements from
the High Court in CBI cases and forward to the Branches concerned for
follow-up action. However, funds shall be provided by the concerned
Branch.
(xiii)
To conduct periodic review of the CBI cases pending in the
High Court and to make arrangements for getting these disposed of
quickly.
(xiv)
To send urgent intimation to the concerned Branches
regarding disposal of any matter in the High Court.
(xv)
To send quarterly returns to the Director of Prosecution
regarding the matters disposed of during the quarter with the result of
each case.
(xvi)
To give intimation to the DLA/Branch concerned of any
development in the matters pending in the High Court.
(xvii)
To attend to such other subjects, including filing of Appeal,
Revision, etc. in the High Court on behalf of the Government of India, as
may be referred to him by the Director of Prosecution.
(xviii)
To perform such other duties as he may be required to
perform by Director of Prosecution.
Duties of Deputy Legal Advisor
Page 209 of 209
21.7 Subject to any general or special orders of the Director of Prosecution, the
main functions and duties of the Deputy Legal Advisor will be as follows:
(i)
Comments on Final Reports in cases wherein the authority competent to
pass final orders is of the rank of DIG and above.
(ii)
Conduct of important cases of the Branch in the Court as taken by
himself.
(iii)
DLA shall carry out inspection of all the prosecution branches of his
Region once in a year. Every year in the month of January, DLAs should
prepare their Inspection Programme of Malkhana of the Branches of
their Region which should be intimated to the ALA and SP/DIG
concerned (Ref. Policy Division Circular No. 24/2003, dated 27-11-2003)
(iv)
While the individual Prosecutor/Law Officer is fully responsible and
accountable for successful and effective prosecution of cases and all
matters pending in various Courts/tribunals etc. assigned to him, the
DLAs at the Regional level shall closely supervise the functioning and
performance of the Prosecutors at the Branch level and shall hold
monthly meetings on a regular basis with the Prosecutors to review the
progress, achievement of targets etc. Monthly reports containing the
details of deliberations at the Branch level shall be sent to the Regional
DIG/ALA and SP by the DLA concerned for prompt follow-up and
coordination (Ref. Policy Division Order, dated 6th May, 2002.
(v)
The DLA attached to the Directorate of Prosecution will be in addition,
incharge of Legal Division and perform all those duties specifically
entrusted to Legal Division.
(vi)
DLA should ensure monthly submission of progress report in all the
cases pending within his Region in the Courts of Special Judges
appointed under Prevention of Corruption Act, 1988 in the proforma
circulated by the Directorate of Prosecution or any other information
required by Directorate of Prosecution/Policy Division pertaining to
trial/Court matters.
(vii) Advice in legal matters on general points or specific issues arising
during investigation or trial, as may be requested by the DIG.
(viii) Checking and vetting of SP’s Reports, draft sanction orders for
prosecution, draft charges, statement of allegations etc. in cases in
which comments are given by him on Final Reports according to
sub-paras (a) and (b) above.
(ix) Scrutiny of results of Court trials and Departmental Action and scrutiny of
Court Diaries in respect of cases.
(x)
Scrutiny of exoneration cases and those of inadequate punishment,
mentioned in sub-paras (a) and (b) above.
Page 210 of 210
(xi) Review of judicial decisions relating to Criminal Law and procedure
arising from cases and preparation of notes and comments thereon for
publication in the CBI Bulletin/Periodicals/Reports.
(xii) Such other subject relating to legal matters as may be allotted to them by
the DIG.
(xiii) Maintaining close liaison with DIG & SsP and to attend periodical
meetings to review prosecution cases.
(xiv) To supervise the work and conduct of the Senior PPs/PPs/APPs
working under him in the Region/branches, where he is posted.
Prosecuting Staff
21.8 In every Branch one or more Officers of the rank of Sr. Public Prosecutor,
Public Prosecutor and Assistant Public Prosecutor are provided to look after legal
matters, prosecution and trial of cases in Courts etc.
Sr. Public Prosecutor
21.9 The Sr. Public Prosecutor will be responsible for the entire work relating to
prosecution in the Branch and supervise the Public Prosecutors and Assistant
Public Prosecutors working under him. In particular:
(i)
He will ensure that the records relating to his section are correctly and
properly maintained and that statements, returns and reports are
submitted in proper time and without delay.
(ii)
He will comment on Final Reports, scrutinize the charge sheets to be
filed in Courts and draft sanction orders for prosecution.
(iii) He will ensure preparation of paper books containing statement of
witnesses and copies of documents, as necessary under the law, are
supplied to accused persons in good time.
(iv) He will conduct the prosecution in Court of all important cases and will
submit Court Diaries in respect of such cases.
(v)
He will ensure the proper conduct of prosecution by PPs/ Assistant
Public Prosecutors of his Branch and give them necessary help,
guidance and advice.
(vi) He will prepare and forward conviction, acquittal and discharge reports in
the prescribed form.
(vii) He will take steps to obtain certified copies of the judgements, as may be
necessary without delay. In cases in which appeal or revision is
recommended and prepare a self-contained note giving the reasons for
acquittal or discharge and the grounds on which Appeal or Revision is
considered necessary.
(viii) He will be responsible for seeing that Government Counsels or Special
Counsels engaged in SPE cases are fully and properly briefed.
Page 211 of 211
(ix) He will arrange to keep in touch with the progress of SPE cases coming
up in the High Court.
(x)
In cases which are to be sent up for Regular Departmental Action he will
be responsible for the preparation of draft charges, statement of
allegation and list of witnesses, list of documents relied upon etc.
(xi) In cases which are to be sent up for Court trial, he will record detailed
notes in the prescribed register regarding disposal of case property. He
will be responsible for obtaining orders from Courts as soon as possible
about disposal of case property.
(xii) He will ensure that warrants are obtained for the arrest of absconding
accused persons and that necessary action is taken under Section 82
and 83 Cr.P.C.
(xiii) He will be responsible to see that summons to witnesses are issued from
Courts in proper time.
(xiv) He should be available to discuss cases with Investigating Officers and
to give them guidance and advice on legal points arising during the
course of investigation.
(xv) He will keep the Superintendents of Police, DLA informed of all important
matters concerning the work of his Section or concerning the
proceedings in Courts or in Departmental Action.
(xvi) He will inspect the Malkhana once in three months.
(xvii) He will attend the coordination meetings with SP to review progress of
cases under trial and other important matters relating to prosecution.
Public Prosecutors & Assistant Public Prosecutors
21.10 Public Prosecutors and Assistant Public Prosecutors will perform such duties
as are allotted to them by the Sr. Public Prosecutor. They will conduct such cases in
Courts as are allotted to them. They will submit Court Diaries about their cases and
keep the Sr. Public Prosecutor and the Superintendent of Police informed of all
developments in the cases under their charge. In respect of cases entrusted to them
they will carry out all the functions that have been mentioned above for the Sr. Public
Prosecutor.
21.11 Public Prosecutors and Assistant Public Prosecutors will ensure the
maintenance of such records and registers and prepare such statements, returns
and reports as they may be asked to by the Sr. Public Prosecutor. They will give
comments on Final Reports in those cases which are marked to them by the Sr. PP
and also perform such other duties as may be allotted to them.
Office Superintendent Directorate of Prosecution
21.12 The Office Superintendent, Legal Division will be responsible for the work and
efficiency of the Section. In particular, these functions will be:
Page 212 of 212
(a)
To open and mark of dak of his Section except that addressed by name
to senior Officers. He should bring immediately to the notice of the ALA
or Sr. PP any matter of particular importance or interest.
(b)
To keep watch on reminders and important references received from
Ministries Departments relating to his Section and take necessary action
to expedite matters.
(c)
To check and ensure the correctness, priority and quick despatch of all
outgoing dak of his Section.
(d)
To ensure that timely reminders are issued whenever necessary.
(e)
To check all files and registers of his Section every month and to ensure
that they are up-to-date and properly maintained.
(f)
To deal and to keep in his personal custody top secret and secret files
made over to him.
(g)
To prepare notes and reviews on various matters, whenever required to
do so.
(h)
To check the attendance of the staff of his Section and maintain the
efficiency, speed and discipline of the Section.
(i)
Scrutiny and submission to the Additional Legal Advisor the weekly
arrear list of his Section on every Monday or the next working day if
Monday happens to be a Holiday.
(j)
To ensure that all returns and statements are prepared correctly and
submitted in proper time.
(k)
To do any other work entrusted to him by the Additional Legal Advisor or
the other superior Officers.
______
Page 213 of 213
CHAPTER 22
PROSECUTION
Charge-sheets
22.1 In a case where a decision has been taken to prosecute the accused, a
charge-sheet under Section 173(2) Cr.P.C. shall be filed in the prescribed form in a
Court of competent jurisdiction after obtaining the sanction for prosecution, wherever
required. Detailed instructions on filing of charge-sheets have been issued vide
Policy Division Circular No.13/2003, dated 10-06-2003 which should be strictly
complied with. The Branch Public Prosecutor will vet the charge-sheets in all cases
and ensure that–
(a)
(b)
(c)
(d)
charge-sheet has been prepared on the final orders passed by the Competent
Authority in CBI.
these are prepared in accordance with the law, and are complete and correct in
all respects;
the lists of witnesses and documents are correctly entered in the charge-sheet
or attached thereto;
no names of witnesses or documents necessary to prove the prosecution case
are omitted.
Work of Pairvi
22.2 Investigating Officers should realise that their duty does not end when the
investigation has been completed. They should render all possible assistance and facilities
to the Prosecutors during the conduct of the cases in Courts. The Pairvi of a case is not
adequately taken care of if the I.O. reaches the Court on the day the evidence of witnesses
is to be recorded. The stakes of the accused facing trial in the Court are high and they leave
no stone unturned to win over the witnesses. They do not do this on the final day when the
witnesses come to the Court but much before that in their hearths and homes by bringing
about various pressures upon them through relatives and friends and even by giving them
allurements. In each case, there are a few witnesses who are important and whose
statements are essential to unfold the truth. Such witnesses should be identified and
thereafter the Pairvi Officer should be required to keep a close liaison with these witnesses
as frequently as possible when he goes out on tour to the relevant places for any duty.
Court Diaries
22.3 The Prosecuting Officers will prepare their cases thoroughly. On commencement of
trial proceedings they will ensure that the summons are procured well in advance and served
in time. The progress of the cases in Courts, including Appeals and Revisions should be
regularly reported by the Prosecuting Officers incharge of such cases through Court Diaries
in the prescribed form in duplicate sending a copy to the Sr. PP/DLA and the office copy to
the Branch SP. However, if, in between, there is any important development in the case
worthy of being brought to the notice of the Branch SP/Sr. PP, he shall forward the report to
the Branch SP/Sr. PP. They will, in turn, send the report with their own comments to
DLA/DIG who will further apprise the ALA/Joint Director, if necessary. The Court Diary
should be speaking one and if adjournment is sought by the prosecution, it should contain
full reasons for the same. The Branch Sr. PP and the SsP should scrutinize the Court
Page 214 of 214
Diaries carefully to decide the corrective action to be taken against the defaulting IOs, Pairvi
Officers etc. The course of action to be taken should be reflected by the Branch SsP in the
Court Diaries while forwarding these to the DLA/DIG.
22.4 The Court Diaries should contain information on the following points when they are
forwarded by the Branch SP/Sr. PP to the Regional DIG/DLA:–
(i)
Names of prosecution or defence witnesses who are summoned or examined.
(ii)
(iii)
How the witnesses fared and a gist of their evidence. If and when a witness
turns hostile, it should be mentioned in the Court Diary and the SP/Sr.PP
should comment how the damage caused by the hostile witness will be
remedied.
How the case proceeded.
(iv)
What proceedings are due on the next date of hearing.
(v)
Reasons for adjournment indicating whether adjournment was granted at the
request of prosecution or defence or if the Court otherwise could not take up
the case.
If adjournment is occasioned by non-production of witnesses, reasons for
their non-production.
The Court Diary Form is given in the format at Annexure 22-A of this chapter.
(vi)
22.5 In the trial of very important cases, the pairvi work should be supervised by the
Branch SP. An Officer who is either the I.O. or has been closely associated with the
investigation of the case should be nominated as Pairvi Officer. Relevant entries should be
made in prosecution sub module by the Pairvi Officer promptly.
Summons
22.6 Timely service of summons on witnesses should be ensured. For this purpose a
Legal Cell under the overall supervision of the Branch Sr. PP assisted by an SI/ASI and two
Constables should be made responsible for the service of summons. The work of this Cell
should be supervised by the Sr. PP in each Branch. The following procedure should be
adopted by every Branch Sr. PP to enable him to monitor effectively the progress of service
of summons:–
22.6.1
A list of cases under trial should be prepared by the Legal Section and
should be put up to the Branch Sr. P.P./Branch SP every Friday showing
the cases coming up in the next 7 days in the Courts in the following form:–
Due
date
R.C.
No.
1
2
Date of
service
8
22.6.2
Name of
the Court
issuing
summons
Name of persons in r/o
whom summons was
issued, with address
3
Date of
return
9
4
Spl. action
taken by the
Duty Officer
10
Date of
issue
S.I. No. of
Summons
Register.
5
Spl. action
taken by DSP
(Hqrs.)
11
Mode of
service
6
Spl. action
taken by
SP/Sr. PP
12
7
Remarks
13
The Sr. PP and the SP of the Branch shall review this statement everyday
to take care of the cases coming up in the next 7 days. Everyday, one
additional day will be added to the list. This will enable the SP to aid the
prosecution by taking effective and immediate steps to ensure service of
summons and attendance of witnesses, whether by sending wireless
Page 215 of 215
messages, through telephonic contracts or by serving through Special
messengers.
22.6.3
The Special Public Prosecutor conducting a case should apply to the Court
for the summoning of the witnesses for the next hearing well in advance so
that sufficient time is available for effecting the service of summons. When
the Special Public Prosecutor and the Investigating Officer are together on
the date of hearing they must decide on the next set of witnesses on that
date of hearing itself and make an application for the issue of summons.
The summons should either be procured the same day or the next day. If
the summons are obtained well in advance, more than one attempt can be
made to effect proper service. Late service of summons and the
consequent failure of the witnesses to attend Court prevent the Public
Prosecutor from praying for the use of coercive powers of the Court to
ensure presence of witnesses on the next date of hearing.
Supply of Copies of Statements and Documents along with Charge-sheet
22.7 Timely supply of copies of statements and documents along with the charge-sheet
should be made to the Court. Often, the defence lawyer asks for copies of statements in
Hindi or the regional language, along with the copies of relied upon documents. These
should be made available to the Court on the day the charge-sheet is filed.
22.8 In order to facilitate timely service of summons, addresses of witnesses should be
checked periodically. A Witness Register should be maintained wherein addresses should
be updated periodically. Along with the postal address, the telephone, telex and fax numbers
should be collected wherever the witnesses have these facilities. This should be done by the
SI or the ASI of the Legal Cell under the supervision of Sr. PP/SP. Maintenance of this
register should also be checked by the SP every six months. The Pairvi Officers detailed for
each case should supply the changed address. Addresses of the witnesses should also
invariably be recorded in the Case Diaries.
Close monitoring of Trials
22.9 To ensure close monitoring of all cases, the Legal Cell shall furnish to the Sr. PP and
SP a report each month in the following proforma:–
Sl.
No.
Case
No.
1
2
Name of
the
PP/
Pairvi
Officer
Date
of
present
hearing/
previous
hearing
Name of the
Court
conducting
trial
Date of issue of
summons
by
the Court (this
date/previous
date)
The number of witnesses on
whom proper service has
been made with date (this
date/ previous date) together
with number of witnesses
who attended and were
examined and discharged
3
4
5
6
7
22.10 The information in the above proforma will enable the Sr.PP to monitor the trial
effectively and help the SP to ensure timely service of summons.
RDA Cases
22.11 About the RDA cases in which a P.O. has been appointed by CBI coming up for
hearing during a month, the Branch SP should obtain a report in the same proforma as
mentioned for trials in the last para, at the beginning of each month. The SP should closely
monitor the progress of an RDA on the basis of this report.
Custody of Case Property
Page 216 of 216
22.12 All property seized during the investigation should invariably be forwarded to the
Court in accordance with the provisions of the Cr.P.C. and directions of the Court should be
obtained u/s 451 or 457 of the Cr.P.C. for its custody or disposal during the pendency of the
case. On conclusion of the enquiry or trial, the property should be disposed of in
accordance with the orders of the Court u/s 452 Cr.P.C.
Registers to be Maintained by the Sr. PP
22.13 The Sr. Public Prosecutor of a Branch will maintain the following registers:–
(i)
Register of Cases Under Trial.
(ii)
Register of Acquittals or Discharge.
(iii)
Register of Appeals and Revisions.
(iv)
Register of Summons & Warrants.
(v)
Register of Witnesses
Sanction for Prosecution
22.14 Prosecution should be the general rule in cases of bribery and corruption or other
criminal misconduct and in all cases involving substantial loss to the public funds. Under
Section 19 of the Prevention of Corruption Act, 1988, and in cases covered by Section 197
of the Criminal Procedure Code, previous sanction of the Competent Authority/Government
is required for launching prosecution in a Court of Law against a Public Servant. The
competence of the sanctioning authority in cases other than those in which the Central
/State Government is the sanctioning authority, should be investigated like a fact. Previous
sanction of the Competent Authority/Government is also required for launching prosecution
against accused persons involved in the commission of offences under the Explosive
Substances Act, Arms Act etc. Thus, in all such cases, previous sanction of the Competent
Authority/Government should be procured prior to the launching of prosecution against the
accused persons by placing the relevant facts constituting the offence before the sanctioning
authority. The Departments from which such sanction for prosecution has been sought are
not required to initiate any fact-finding enquiry in order to grant such sanction. However, if
any clarification or further information is sought by the Competent Authority/Government the
same should be provided by the CBI.
Procedure for obtaining Sanction for Prosecution
22.15 In cases investigated by the CBI which are found fit for prosecution, the CBI will take
further action as follows:–
22.15.1 Cases in which sanction for prosecution is required to be issued in the
name of the President of India– In all cases under Prevention of
Corruption Act, 1988 where sanction for prosecution is required to be
issued in the name of the President, the CBI will forward its report, after
completion of the investigation, to the Central Vigilance Commission and
endorse a copy thereof to the Administrative Ministry/Department
concerned for such comments as they may wish to make. Their comments
shall be forwarded by the Ministry/Department concerned to the CVC within
one month from the date of receipt of the CBI report or such period as may
be fixed by the CVC. After due consideration of the CBI report, other
relevant records and comments received from the Administrative
Page 217 of 217
Ministry/Department, the CVC will tender advice to the concerned
Ministry/Department whether prosecution should be sanctioned or not.
Appropriate orders will, thereafter, be issued by that Ministry/Department.
22.15.2 Cases in which sanction for prosecution is to be issued by an authority
other than the President of India– If an authority other than the President is
competent to sanction the prosecution, the CBI will forward its investigation
report, containing the oral and documentary evidence collected during the
investigation, to such authority with a request to accord sanction to
prosecute the public servant concerned of sanction for the prosecution is
not received within three months from the date of such request, then the
CBI should pursue the matter with the concerned authority for expeditious
disposal. If such authority declines to accord sanction, then its views, along
with other records, should be sent to the CVC for advice through the
Administrative Ministry/Department. Further action will be taken by the
authority concerned on the basis of the advice of the CVC.
22.16 On completion of investigation in cases covered in items 22.15.1 & 22.15.2 above,
the CBI shall send its report to the Administrative Authority along with the relevant statement
of witnesses recorded during investigation and the documents. The Supreme Court
judgement in the State of Tamil Nadu v. M.M. Rajendran reported in 1999 SCC (Criminal)
1000 and the Circular No. 21/33/98-PD, dated 6-5-1999 issued by the policy division are
also referred to in this regard.
22.17 In a case falling under 22.15.1 above, if the Central Vigilance Commission advises
grant of sanction for prosecution but the Ministry/Department concerned proposes not to
accept such advice, the case should be referred to the Department of Personnel & Training
for a final decision.
22.18 In a case falling under 22.15.2 above, if the CBI has sought sanction for prosecution
and CVC has also recommended grant of sanction and yet the Competent Authority
proposes not to grant sanction, the case should be referred to the Department of Personnel
& Training for a final decision.
22.19 Where two or more Government servants belonging to different
Ministries/Departments or under the control of different cadre controlling authorities are
involved, the CBI will seek sanction from the respective Ministries/Departments or the
respective competent authorities in accordance with the procedure laid down in the above
paragraphs. Where sanction is granted in the case of one of the Government servants but
refused in the case of a co-accused, the CBI will refer the case to the Department of
Personnel & Training for resolution of the conflict, if any, and for a final decision.
22.20 In case a doubt arises as to whether the sanction for the prosecution of a public
servant should be given by the Central Government or the State Government or any other
authority, such sanction should be given by the Government or authority which would have
been competent to remove the public servant from office at the time when the offence was
alleged to have been committed.
Proof of Orders sanctioning Prosecution of Public Servants
22.21 In cases investigated by the CBI, where there are several co-accused and sanction
for prosecution in respect of some of them is required under any law to be issued in the
name of the President of India and in respect of other/ others by other authorities, the CBI
has to send its final investigation report (SP’s Report), in respect of all the accused Officers,
to the Central Vigilance Commission and should also simultaneously endorse copies of
reports to the Administrative Ministries/ Department/Public Undertakings/Nationalized Banks
Page 218 of 218
concerned. In respect of Officers for whose prosecution sanction of the President is required,
the Central Vigilance Commission would communicate its advice to the Ministry/ Department
concerned who will issue the necessary sanction. In respect of other concerned Officers, the
CVC would advise the Competent Authority concerned to accord the necessary sanction for
their prosecution. In such cases, CBI Branches should not file charge-sheets piecemeal in
the Court. The charge-sheets could be filed together by the CBI Branches in the Court of
competent jurisdiction against all the Officers involved after sanctions for prosecution have
been received from the concerned competent authorities. This procedure should also be
followed in respect of orders sanctioning prosecution are issued either by the Central
Government or by a competent Officer. Where the order is issued by the Central
Government it is made in the name of the President and is authenticated by an Officer who
is authorized under Article 77(2) of the Constitution of India to do so. The Officers who are
authorized to authenticate orders and other instruments made and executed in the name of
the President are specified in the Authentication (Orders and other Instruments) Rules,
1958, issued vide Ministry of Home Affairs Notification No. 3/13/58-Pub.I, dated 25-10-1958.
A copy of this Notification was published as S.O. No. 2297 in the Gazette of India
Extraordinary Part-II, Section III, sub-section (ii), dated 3-11-1958. Such orders or sanctions
issued by the Central Government should be proved by the production of:
(i)
the original order;
(ii)
a copy of the Gazette Notification under Article 77(2) of the Constitution;
(iii)
a copy of the Gazette Notification relating to the appointment of the Officer
signing the order to the Office held by him at the time of the issue of the order;
(iv)
a similar procedure should be adopted, mutatis mutandis, in cases in which the
sanctioning authority is a State Govt.
22.22 Where the Order sanctioning prosecution are issued by a competent Officer and not
by the Central/State Governments, they will be signed by the Officer himself. Such orders
can be proved by production of the original orders either by examining the Sanctioning
Authority or by any Officer acquainted with the signatures of the Officer according sanction
provided the Sanction Order is a speaking order and clearly indicates application of mind by
the Sanctioning Authority.
Summoning of official of the AVD of Department of Personnel to prove Sanction
22.23 The sanction order issued by the Central Government is in the name of the President
as required under Article 77 of the Constitution of India and the same is authenticated by an
Officer competent to do so according to Authentication Orders, 1958. The sanction order is
a public document and the Court may be requested to take a judicial notice of the same. In
order to invite the Court to take a judicial notice of such public documents, the Gazette
Notification under Article 77(2) of the Constitution and that of appointment of the Officer
signing the order are required to be placed before the Court. The sanction order should be a
speaking order to establish that the facts constituting the offence were placed before the
Sanctioning Authority and that he had applied his mind before issuing the order. If the Court
declines to take judicial notice or for any other reason, it is felt necessary or expedient that
the application of the mind to the facts constituting the effect is required to be established
independently, then the Officer of the AVD issuing the said sanction order on behalf of the
Central Government should be summoned and examined in the Court of Law.
Withdrawal of Prosecution
22.24 Once a case has been chargesheeted in the Court, it should be allowed to take its
normal course. A proposal for withdrawal of prosecution may, however, be initiated by the
investigating/prosecuting agency on appropriate legal grounds. In such cases, the Ministry
of Law should be consulted and its advice accepted. Requests for withdrawal of prosecution
may also come from the accused. Such requests should be entertained in very exceptional
Page 219 of 219
cases. In such cases, the Ministry of Law should be consulted in the first instance. The
principles laid down in Section 321 Cr.P.C for withdrawal from prosecution should be
followed.
22.25 In all cases in which prosecution was sanctioned on the advice of the CVC, the CVC
should be consulted before the matter is referred to the Ministry of Law.
22.26 Rule 7 of the Government of India (Transaction of Business) Rules and item (g) of the
Second Schedule of those rules provide that any proposal to withdraw, otherwise than in
accordance with the advice of the Ministry of Law, any prosecution instituted by or at the
instance of the Government of India, should be brought before the Cabinet.
______
Page 220 of 220
Annexure 22-A
SPE C. XV
COURT DIARY
Name of Court ……………………
CBI ……………… Branch ……………………..
Court Case No. ……………… ….. Branch Case No. ………………………………..
Date of Institution ………………... Court Diary No. …………………………………..
Section of Law ……………………. Present date of hearing …………………………
Name(s) & Designation(s) of
accused ……………………
Next date of hearing……………………………..
1. Trial Stage Precharge/Charge/Prosecution/Defence/Final Arguments.
2. Details of witnesses :
Type of witness
Total No.
Cited
Total examined Total
number
remaining
of
Technical
witnesses
Factual witnesses
3. Details of witnesses summoned for date :
Name of
Process
Appeared
witnesses
served
summoned
Fully supportedPartly
Did not
supported
support
pros.
Not
examined
and
reasons
thereof
(i)
(ii)
(iii)
(iv)
(v)
4.
Brief description of proceedings, including hostility of witness(s), if any.
5. Remedies suggested by PP if damage caused to the case.
6. Pairvi Officer's name & rank.
7. Prosecutor's name & rank.
8. Sr. PP's comments.
9. SP's comments.
10. DIG's/DLA's comments (where necessary)
Signature of the Prosecutor
Page 221 of 221
CHAPTER 23
ANALYSIS OF COURT JUDGEMENTS AND FILING OF
APPEALS, REVISIONS etc.
Conviction/Acquittal/Discharge Reports
23.1 After the judgement is pronounced in a CBI case, a report on conviction/
acquittal/discharge shall be forwarded by the Sr. PP to Regional DLA with a copy to the
Branch SP and DIG who will intimate the concerned Department/Undertaking or Ministry to
which the accused public servant belongs. A copy will also be sent to the concerned
Administrative Ministry through which the sanction for prosecution was obtained in the name
of President of India. Even if, it is contemplated to file appeals/revisions in such cases,
reports shall not be held up.
23.2 A Register of Acquittals and Discharge will be maintained in the prescribed form in the
Legal Section of each CBI Branch in which details of each case ending in acquittal/discharge
in trial/appeal shall be indicated. The register will contain the following columns:–
Regular Case
Section(s) of
Name(s) of Name &
Name & Name of the
rounds of Action recommendOrder of the
No.
Law
Accused
DesignaDesigna- CourtAcquittal/
ed by the
Director
persons
tion of the tion of
discharge Branch Sr.
Prosecu-tion
I.O.
the P.P.
PP/SP
1
2
3
4
5
6
7
8
9
23.3 In the cases of acquittal/discharge or conviction carrying less than the minimum
mandatory punishment, application for certified copy of judgement should invariably be filed
by the Prosecutor incharge of the case either on the date of judgement or on the following
day. He should ensure that the certified copy contains endorsements regarding the date of
application, the date on which the certified copy was ready and the date when it was
delivered. The Branch SP will make the necessary funds available wherever such copies are
not available free of cost. The Retainer Counsels will similarly obtain judgements in the High
Courts and wherever there are no Retainer Counsels, it shall be the responsibility of the
Branch Sr.PP to request the Government Advocate for obtaining certified copies of
judgement. The Sr. PP shall take all necessary steps to obtain copies of judgements
expeditiously and the Branch SP will facilitate the process.
23.4 The Branch Sr.PP should ensure that the certified copy of judgements in all cases
together with the comments of the I.O., the SP and his own comments are forwarded to the
DLA/DIG at least two months before expiry of the limitation period to allow in depth
examination of issues by the Directorate of Prosecution and the Director, CBI before a
proposal is moved to challenge the judgement in appeal or revision.
Scrutiny of Judgement
23.5 Each judgement should be scrutinized and examined with reference to the following
points :–
(i)
Whether the sentence is adequate or inadequate;
(ii)
Whether appeal for enhancement of sentence is feasible.
(iii)
Whether acquittal or discharge is justifiable;
(iv)
Whether any material is available for filing an appeal against acquittal or
discharge.
Page 222 of 222
(v)
Whether a reference needs to be made to the Attorney-General or his nominee
to ascertain whether acquittal was due to flawed investigation or Prosecution
and to fix responsibility.
Loopholes in Procedures
23.6 The judgements in each case have also to be scrutinized to examine any breach of rules
and regulations and to suggest necessary steps to prevent lapses, if any. In such cases, the
Branch Sr. PP in consultation with the Branch SP will send a report to the DLA/DIG who will
forward it to the Director of Prosecution through the JD/ALA. The Director of Prosecution
may advise the Director, CBI to intimate the result of such scrutiny to the concerned
Ministry/Department to take corrective measures through issue of suitable instructions to the
subordinate formations. The CVC will also be informed of such scrutiny in all those cases
where its advice was sought.
Recommending Appeals and Revisions
23.7 While examining a case for filing appeal against the acquittal, the various decisions
enunciated by various High Courts and the Supreme Court on the scope and power of the
Appellate Court to interfere with an acquittal in exercise of its powers under Section 378
Cr.P.C. should be kept in mind. Though a High Court has full powers to review at large the
evidence upon which an acquittal order is founded and to reach its own conclusions, the
following factors should be taken into consideration before recommending an appeal:–
(a)
Views of the Trial Court regarding credibility of the witnesses;
(b)
Reluctance of the Appellate Court to disturb the findings on facts recorded by
the Trial Court which had the advantage of seeing and hearing the witnesses;
(c)
Right of the accused to the benefit of doubt;
(d)
Any other factor considered relevant by the Director of Prosecution.
23.8 High Courts do not normally interfere with orders of the lower Courts in exercise of their
inherent powers under Section 482 Cr.P.C, except in cases of real and substantial injustice.
Consequently, an appeal for enhancement of the sentence should be made after considering
the part played by each accused in commission of the offence. Similarly, filing of revision
applications in interlocutory matters should not be resorted to unless there is some
substantial question of law involved or, the impugned order, if allowed to stand, is likely to
have far-reaching consequences. The revisions in the Courts of Sessions can be filed by
CBI Prosecutors and in the High Court by the Retainer Counsels with the approval of the
Additional Director. Wherever, CBI do not have Retainer Counsels in any High Court, a
request for filing the revisions has to be sent to the DP&T as the Central Government alone
can make a request to the State Government to direct their Public Prosecutor to file such
revision.
Watching Progress in Appeals filed by Accused
23.9 Proper care should be taken to watch progress in the appeals filed by accused persons
against their conviction. The following instructions may be carefully complied with at the
Branch level:–
(i)
Daily Cause List of cases heard in the High Court should be carefully perused
by the Sr. PP.
(ii)
Sr.PP should maintain up-to-date Conviction Register of the Branch. The SP
should also check it during his quarterly inspections.
Page 223 of 223
(iii)
In those cases where the Branch Office and the High Court are located in the
same place, a Court Naib of the rank of ASI should be earmarked for keeping a
watch on such cases.
iv)
Where Branches and High Courts are not located at the same place steps
should be taken for the appointment of a Retainer Counsel in the High Court for
watching these cases. The Branch SsP/Sr.PP concerned, wherever necessary,
should send their proposals to the Director of Prosecution with sufficient facts
and figures to justify the appointment of the Retainer Counsel. Till the time
Retainer Counsel is appointed, the Branch SP and Sr.PP should make
adequate arrangements to watch such cases.
23.10 The SP and Sr. PP of all CBI Branches should intimate their respective Regional
DIsG/DLA regarding any matter filed in the Supreme Court by the accused persons. This
intimation should be sent along with full particulars, including the SLP to the Directorate of
Prosecution through the RO/DLA who will keep liaison with the Central Agency Section of
the Supreme Court and inform the branches of the development/ progress and the next date
fixed in the Supreme Court in those matters. The monthly lists of the appeals and revisions
pending in the High Court/Supreme Court have to be furnished by the Sr. PP/SP to the
DLA/DIG in three parts, i.e. Part-I for new matters, Part-II for watching progress in pending
matters and Part-III for matters disposed of.
Reports of Acquittal/Discharge
23.11 Whenever a case ends in acquittal or discharge a report will be prepared by the
Prosecutor incharge of the case, after obtaining a copy of the judgement. He will clearly
show the reasons for acquittal or discharge and whether there were any defects in
investigation or in prosecution which led to the unsatisfactory result. Adverse remarks
regarding investigation or prosecution will also be clearly mentioned.
23.12 The report so prepared will be commented upon by the Sr. PP of the Branch concerned
unless he himself has prepared it. The report will also be examined by the Superintendent of
Police of the Branch along with the Final Reports I & II and the judgement. If an appeal or
revision is recommended to be filed against the acquittal, a self-contained note will be
prepared by the Sr. PP giving in brief the facts of the case and the reasons why the appeal
or revision is considered justifiable. In his comments the Prosecutor will discuss the specific
points raised in the judgement and give clear reasons for his disagreement with the same.
The reasons given by the Prosecutor should be supported by the evidence on record and his
recommendations should be clear and unambiguous.
23.13 The period of limitation should be specifically mentioned and the dates when application
for a copy of the judgement was made and obtained as well as the time taken in giving
comments should also be indicated. Ordinarily, the Prosecutor should not take more than a
week for giving his comments from the time of the receipt of the copy of judgement. If more
time is taken he should account for the same. The SP and the Sr. PP will make a thorough
and critical study of all the documents, record their own comments and suggestions and
forward without delay all the papers to the Director of Prosecution through Regional/Zonal
office for orders in the matter. All such papers should be accompanied by the proforma of
limitation.
23.14 Copies of judgements and comments of the Prosecutor should be sent to the Director of
Prosecution in triplicate in all cases ending in acquittal/discharge. One certified copy of the
judgement, copies of the depositions of witnesses and the statements of the accused should
also be forwarded through the DLA/DIG to the Director of Prosecution. If the Director of
Prosecution recommends filing of an appeal, a copy of the judgement and a copy of the
comments of the Director of Prosecution will be forwarded to the Administrative Ministry after
obtaining the approval of the Director. Cases where no appeal/revision is required should
Page 224 of 224
have the approval of the Additional Director/Director depending on the status of the accused.
If the Ministry agrees with the recommendation of the Director of Prosecution, the certified
copy of the judgement and a copy of the comments of the Director of Prosecution will be
forwarded to the CBI Retainer Counsel. If Retainer Counsel has not been appointed, the
papers will be forwarded to the State Government for instructing the Public Prosecutor to file
the appeal. Retainer Councils are authorized to file revision with the approval of Director/
Additional Director, CBI depending on the status of the accused.
23.15 Where appeal or revision is recommended, action should not be held up for want of a
certified copy of the judgement. Such comments should be given immediately on an
uncertified copy of the judgement and forwarded to the Director of Prosecution in time. A
certified copy of the judgement should be sent thereafter, as soon as it is obtained.
23.16 The following procedure shall be followed in respect of all adverse remarks, strictures or
criticism found in Court judgements in CBI cases:–
23.16.1 Action to be taken in case of Criticism by Courts in Judgements: Sr.
Public Prosecutor in consultation with SP of the Branch will carefully go
through judgements and such records of the case, as may be necessary,
including the documents and records of the CBI and the Court. They will
then consider whether any further action is called for in respect of any
adverse remark, stricture or criticism made by the Court and whether it is
necessary to obtain the explanation or comments of the concerned Officers.
After obtaining such explanations or clarification, they should determine
whether any CBI Officer was at fault and, if so, what further action is
required to be taken. The findings should be reported to the Competent
Authority urgently.
23.16.2 Irrespective of their own views on the judgements pronounced by the
Courts, Sr. PP/SP of the Branch should send, along with a copy of the
judgement, a full report through the Regional Zonal Office to the Director
Prosecution in every case where an adverse remark or criticism has been
passed by a Court of Law. This report should be clear and sufficiently
detailed and should generally be in the following form :–
(i)
Each adverse remark should be reproduced in extenso and a serial
number given to it for facility of reference.
(ii)
Each remark should then be analyzed and discussed separately.
(iii)
The material and the arguments on which each remark is based
should be mentioned.
(iv)
Any relevant material that might not have been brought to the notice
of the Court or overlooked or ignored by the Court be mentioned.
(v)
The explanation of those concerned should be given.
(vi)
All points, for and against the remarks, should be discussed and the
views and conclusions of the SP and Sr. PP given.
(vii) Action, if any, taken or proposed to be taken should be mentioned at
the end of the report.
23.17 Reports for filing appeals/revisions against acquittal or discharge orders should not be
held up on the ground that the adverse remarks against the CBI Officers in the judgement
were under scrutiny.
Page 225 of 225
23.18 In case the strictures passed in a case are found prima facie justified, an internal
committee comprising of the Director, CBI, Director of Prosecution and others as laid down
in Policy Division Circular should examine the case, fix responsibility and take action against
those found guilty of dereliction of duty, within one month of such examination.
23.19 In important cases where the Director, CBI disagrees with the advice of the Director of
Prosecution, the matter may be referred to the Attorney-General of India for his views.
Thereafter, the decision taken by the Director, CBI, keeping in view the opinion of the
Attorney General would be deemed to be final.
Important cases resulting in Acquittal
23.20 If an important case, so categorized for close monitoring, on the basis of the amount
involved, status of the accused, the sensitive nature of the investigation involving elected
representatives etc., ends in acquittal, a reference should be made to the Attorney General
or one of his nominees to determine whether the acquittal was as a result of flaws in
investigation or prosecution, fix responsibility for such flaws and to examine whether it is a fit
case for appeal. Such references should be drafted by the Director of Prosecution in
consultation with Director, CBI and should invariably contain their own respective views.
Disagreement between Prosecution and Investigating Wing
23.21 In important cases where the Director, CBI disagrees with the advice of the Director of
Prosecution, the matter shall be referred to the Attorney General of India for his views.
Thereafter, the decision taken by the Director, CBI, keeping in view the opinion of the
Attorney-General, would be deemed final.
23.22 Cases should be treated closed only when no further action of appeals or revision is
pending. In all cases ending in acquittal where no appeal or revision is recommended, it
should be examined whether Departmental Action can be recommended.
______
Page 226 of 226
CHAPTER 24
POLICY DIVISION
24.1 The Policy Division is headed by Joint Director (Policy). It deals with all matters
relating to policy, procedure, organization, vigilance & security in the CBI. Correspondence
and liaison with Ministries, Publicity and implementation of special programmes for vigilance
and anti corruption etc. are the responsibilities of this Division. Following are the details of
the items of work handled by the Policy Division: –
24.2
POLICY AND PROCEDURE
24.2.1
Issuance of instructions/circulars on Policy matters
24.2.2
Reorganization of existing Zones and creation of new units and allotment
of work between various Officers and various Zones, Regions, Branches as
per requirement.
24.2.3
Coordinating replies to Parliament questions and assurances.
24.2.4
Attending to all matters pertaining to meetings of Parliamentary Standing
Committees/Select Committees, including replies to observations and
queries of the Committees.
24.2.5
Processing requests from Cabinet Secretariat, PMO, DoPT, MHA, various
State Governments, as well as Central Ministries and PSUs for CBI
investigation into various matters and correspondence thereof.
24.2.6
Liaison with Cabinet Secretariat, PMO, DoPT and MHA and other Ministries
in regard to important cases/queries and correspondence of DCBI with
these organizations.
24.2.7
Writ Petitions filed in Supreme Court/ High Courts of general nature which
do not relate to specific cases for orders and related correspondence.
24.2.8
Working as Nodal Office for all matters pertaining to obtaining of sanctions
for
prosecution
and
related
queries
raised
by
CVC/Ministries/PSUs/Branches/Legal Division.
24.2.9
Preparation of Monthly Crime Reports and Annual Reports.
.
24.2.10 Monitoring of cases under investigation for more than one year and trial for
more than 5 years.
24.2.11 Preparation of agenda, notes, minutes for meeting of DCBI with JDs, DIsG,
SsP, Law Officers and follow-up action thereof. .
24.2.12 Compiling of information for Monthly Review Meetings of CVC. Preparation
of folders for the meeting, compliance reports and other references from
CVC.
24.2.13 Revision and updating of CBI Crime Manual.
24.2.14 Follow-up action and ensuring compliance of inspection notes of DCBI.
Page 227 of 227
24.2.15 To process and obtain orders from DCBI for CBI Officers to deliver lectures
and to assist DCBI in social and protocol-related matters, including sending
of acceptance/regret letters.
24.3
Coordination of Vigilance and Anti-Corruption measures
24.3.1
All work relating to the Annual Programme of Work.
24.3.2
Holding of interstate conferences relating to crime and Anti- Corruption work
and follow-up action.
24.3.3
Preparation of appreciation reports regarding modes of corruption in
Government Departments and Public Undertaking.
24.3.4
Preparation of Vigilance Scheme for eradication of corruption
Government Departments and public Sector undertakings.
24.3.5
Scrutiny of audit reports and Public Accounts Committee reports and followup action thereon.
24.3.6
Directives of Ministries and Vigilance matters of Central Civil Services
(Conduct and Disciplinary) Rules and AIS (Conduct Rules);
24.3.7
Preparation of Agreed List of Officers in various Departments and Public
Sector Undertakings.
in
24.3.8 Compilation and circulation of lists of Gazetted Officers of Doubtful Integrity
(ODI) in respect of various Departments and Public Sector Undertakings.
24.4
Vigilance and Security in the CBI
24.4.1
Monitoring of files relating to complaints and cases against CBI Officers/
officials.
24.4.2
Issuance of integrity certificate in respect of CBI personnel.
24.4.3
Preparation, maintenance and review of list of Officers of Doubtful Integrity
(ODI) in respect of CBI.
24.4.4
Processing of Immovable Property Returns (IPR) under CCS (Conduct)
and AIS (Conduct) Rules received from CBI Officers (Group ‘B’ and above)
and all officials working in HO.
24.4.5
Processing of recommendations and convening meetings of the Internal
Screening Committee for D.P. Kohli Award, CBI Gold Medal for Best
Investigating and Prosecuting Officers and award of PPM/PM to CBI
Officers.
24.4.6
Processing of CBI Clearance in respect of Officers from various State
Police Organizations/CPOs etc. recommended for PPM/PM, Gallantry
Awards, PM’s Life Saving Awards and preparing folders for the MHA
committee meetings.
24.4.7
Processing of CBI clearance, request from MHA for issue of Security
clearance/NOCs for various companies/firms for operating domestic
services etc.
24.4.8
Processing of CBI clearance for Officers being considered for appointment
as CVOs in various Ministries/Departments/PSUs and Board level
Page 228 of 228
appointment in Banks and other senior appointments on references
received from CVC and various Ministries/ Departments.
24.4.9
Preparation of periodical statistical returns regarding internal vigilance
matters of CBI.
24.4.10 Monitoring and keeping watch over security arrangements for personnel,
premises in CBI offices and units.
24.5
Submission of Periodic Reports/Statements
24.5.1
Submission of periodic statements to CVC, Cabinet Secretariat, PMO, MHA
and various Ministries/Departments as the case may be.
24.5.2 Returns regarding receipt and disposal of vigilance complaints/cases.
24.5.3
24.6
Preparation and circulation of Annual Report and such other returns/reports
as may be prescribed.
AIsG-I & II to assist JD (Policy)
24.6.1
Keeping in view the heavy workload in Policy Division, the duties and
functions of Policy Division have been further distributed amongst two
AIsG, i.e. AIG (Policy)-I and AIG (Policy)-II. AIG (Policy)-I will mainly assist
JD (P) in all Policy matters, whereas AIG (Policy)-II will assist in performing
all vigilance and security functions. The distribution of work and duties
among these Officers will be made by JD (P) under guidance of DCBI.
24.6.2
Under the supervision and guidance of the Joint Director (Policy), the AIG-I
and II will exercise supervision and control over all items of work of the
Policy Division. They will be responsible for the efficient discharge of the
functions and maintenance of discipline and integrity among the staff of
Policy Division. In particular, their functions will be:
24.6.3
AIG-I
(i)
Issue of instructions/circulars and policy matters of CBI.
(ii)
Matters relating to organizational set-up and jurisdiction of Central
Bureau of Investigation.
(iii)
Matters relating to crimes and statistics and monitoring of progress of
cases under investigation, trial etc.
(iv)
Matters relating to publications and revision of Central Bureau of
Investigation (Crime) Manual.
(v)
Compilation and preparation of Monthly Crime Reports/Monthly
Performance Reports/Annual Reports of Central Bureau of
Investigation.
(vi)
Liaison with the Ministries, Cabinet Secretariat and CVC on behalf of
Central Bureau of Investigation and submission of Monthly/Quarterly
reports to them.
(vii) Coordinating replies to Parliament Questions and Assurances.
Page 229 of 229
(viii) Processing requests from MHA, Cabinet Secretariat and State
Governments, as well as Central Ministries and PSUs in the matter of
taking up of cases by CBI.
(ix)
Monthly Crime Reports: The AIG, with the help of the OSD
(Computer), will monitor the receipt of the MCR from the branches as
also timely generation of computerized Monthly Crime Reports. He will
also process the MCR to be sent to the Government.
(x)
He will have all other periodical returns prepared through the
Computer in consultation with OSD (Computer) and have them
despatched to the concerned authorities. He will, in cases of each
return/report, draw up guidelines for the programmer and send them
to the OSD (Computer) so that the returns are prepared according to
requirements.
(xi)
Preparation of agenda, notes, minutes of meetings of DCBI with JDs,
DIsG SsP, Law Officers and follow up action.
(xii) Preparation of appreciation reports, Agreed Lists of Officers of various
Departments/PSUs.
(xiii) Monitoring Programme of work/Special Drive and other AntiCorruption measures.
(xiv) Processing the CBI clearance in respect of Officers of State
Police/CPOs/CBI recommended for PM/PPM and others Gallantry
awards.
(xv) Performing staff duties as assigned by JD (P)/DCBI.
24.6.4
AIG-II
(i)
Matters relating to internal vigilance of CBI, i.e. monitoring
progress of cases/complaints against CBI officials etc.
the
(ii)
Preparation, review and circulation of lists of Officers of doubtful
integrity of Central Bureau of Investigation.
(iii)
Processing and issue of integrity certificate/Vigilance clearance in
respect of CBI officials/Officers.
(iv)
Processing and maintenance of IPRs under AIS and CCS Conduct
Rules received from Central Bureau of Investigation Officers.
(v)
Processing and issue of CBI clearance in respect of references
received from CVC, Cabinet Secretariat, MHA etc.
(vi)
Preparation of periodical statistical reports/returns of CVO, Central
Bureau of Investigation.
(vii) Special drive relating to internal vigilance matters.
(viii) Matters relating to security of personnel, premises, records and
information etc. of Central Bureau of Investigation including close
monitoring and spot inspection in respect of security, access control
etc.
(ix)
Performing staff duties to be assigned by JD (P)/DCBI.
Page 230 of 230
24.7
24.8
Duties of Joint Director (Policy)
24.7.1
The Joint Director (Policy) will be in overall charge of the Policy Division. He
will be assisted by the AIsG I & II (Policy), as detailed in the previous
paragraph. In particular, his functions will be to supervise the work of Policy
Division in all matters.
24.7.2
To screen all complaints received in the Personal Section of the DCBI.
24.7.3
To oversee the work of the Special Units, including decisions for registration
and verification.
24.7.4
To deal with any other work entrusted by the DCBI.
Duties of Office Superintendent (P)
The Office Superintendent (P) will be responsible for the work and efficiency of his
Section. In particular, his functions will be:
24.8.1
To open and mark all Dak of Policy Division except that addressed by name
to the Joint Director (P) or AIG (P). He should immediately bring to the
notice of the AIG (P) and/ or JD (P) any letter of particular importance or
interest.
24.8.2
To deal with all important references received from Ministries/ Departments
relating to the Policy Division and to take necessary action to expedite
matters and send replies.
24.8.3
To check and ensure the correctness, priority and quick despatch of all
outgoing dak of Policy Division.
24.8.4
To ensure that timely reminders are issued to the concerned Officers.
24.8.5
To check all files and registers of the Policy Division every month and to
ensure that they are up-to-date and properly maintained.
24.8.6
To deal with and to keep in his personal custody “Top Secret” papers and
files made over to him.
24.8.7
To prepare notes or reviews on various matters whenever required to do
so.
24.8.8
To check the attendance of the staff of the Policy Division and maintain the
efficiency, speed and discipline of the staff.
24.8.9
To scrutinize and submit to the AIG (P) the weekly arrears list of Policy
Division.
24.8.10 To ensure that all returns and statements are prepared correctly and
submitted in proper time.
24.8.11 To do any other work entrusted to him by the Joint Director (P) or the AIG
(Policy).
Public Information and Media Publicity to CBI Work
Page 231 of 231
24.9 The CBI is not an open organization but at the same time, it is not a closed
intelligence organization. It is accountable to the Government, the Courts, the Parliament,
the CVC, the people and to the Press. The CBI maintains relations with the Press/Media by
sharing information with it without compromising investigation and trial of cases. Therefore,
information released to the Press/Media in respect of CBI cases has to be carefully vetted. It
may be recognized that the Press/Media has a role to play in democracy. The people have a
right to know about cases of public importance and the developments therein. But at the
same time, premature publicity or publicity on matters under discreet enquiry or verification
is undesirable and should be avoided.
Government Policy regarding Publicity in Vigilance Cases
24.10 The instructions of Government regarding publicity in vigilance cases are:
24.10.1 Where a case is registered or an arrest is made or a search is carried out
and something substantial is found (this precaution is necessary ) there
should be no objection to publicity being given of the rank of the person
involved, the Department to which he belongs and the nature of the
allegations, but no names need be given.
24.10.2 When a case is taken to a Court against an Officer, publicity may be given,
as soon as the case is put up in the Court regarding the nature of the
offences and the designation of the Officer. The name of the Officer should
not be published.
24.10.3 In case in which Officers are prosecuted in a Court of Law and convicted,
the main facts and relevant details of the case should be given as also the
name and designation of the Officer and the sentence awarded.
24.10.4 In cases which are not taken to a Court but in which only Departmental
Action is taken, no publicity should be given till the conclusion of such
proceedings.
24.10.5 In disciplinary cases not ending in a major punishment, publicity may be
given regarding the designation of the Officer, details of the case and the
punishment awarded to him. In no case should the name of the Officer be
published.
24.10.6 In disciplinary cases ending in major punishment, the name, designation,
Department and all other particulars should be published. However, no
publicity should be given to name of the Officer reduced in a rank as the
person concerned will be still in service.
24.10.7 Publicity in respect of persons convicted or on whom a major punishment is
inflicted should be done periodically over the radio, TV, and in the Press,
even by way of paid advertisement, under caption “Do you know”?
“Corruption does not pay” etc.
Activities of CBI for which Publicity may be given
24.11 Publicity through Press communiqués can be made on the following occasions:–
24.11.1 Successful search or laying of a Trap/ Registration of cases/PEs, arrests
of wanted criminals, successful seizures etc.
24.11.2 Actual filing of a charge sheet in a Court.
24.11.3 Conviction in a Court of Law especially in cases in which substantial
sentences of imprisonment or heavy fines have been imposed.
Page 232 of 232
24.11.4 Departmental punishment – Cases in which orders for dismissal or removal
from service have been passed as a result of disciplinary proceedings.
24.11.5 Press communiqué can also be issued when a case is sent for
Departmental Action.
24.12 Nota bene
24.12.1 Minor cases: Information about cases against junior officials in which the
sentence awarded by the Court is light should not normally be released to
the Press/Media.
24.12.2 It should be borne in mind that substantial punishments secured in case of
bribery and corruption either from the Court or through Departmental Action
have greater news value than cases of mere misconduct and irregularities.
24.13 Officers authorized to issue Press Communiqués
24.13.1 Superintendents of Police of the Branches located outside New Delhi are
authorized to issue material to the Press for publication in cases of purely
local interest. Whenever any such good case is registered or a trap is laid,
charge-sheet is filed or conviction is secured, it should be released to the
Press the same day. A copy of such release should be sent to the Deputy
Principal Information Officer at the Headquarters the same day. The SsP
are not authorized to call Press Conferences. The publicity is to be done
only by sending Press releases to the Offices of Newspapers/ Agencies. In
a place where Press Information Bureau (PIB) Office is situated the Press
release shall be issued through PIB only. The material shall be released
with the prior knowledge of DIG concerned. As for the cases which are
sensitive and require State-level or all-India publicity, SsP/DIG located
outside Delhi are also not authorized to issue material to the Press directly.
It should be informed to the DPIO who will arrange publicity from the
Headquarters.
24.13.2 Superintendent of Police of the Branches located at New Delhi are not
authorized to issue any material to the Press directly. They can do so only
through the Deputy Principal Information Officer located at the
Headquarters.They should remain in constant touch with the DPIO at the
Headquarters and provide him with all the information pertaining to the
registration of cases, searches made, traps laid and charge-sheets filed.
The DPIO would release the information to the Press/Media on a daily
basis in the form of a Press release or in a Press briefing at the
Headquarters depending on the interest which such News generates in the
Media and in the Public. The conviction secured in cases should also be
adequately highlighted. For this full details should be communicated
immediately after the judgement to the DPIO at the Headquarters.
24.14 Press communiqués will be issued by the Head Office through the Deputy Principal
Information Officer of the CBI in respect of cases dealt with by the Central Units/Branches
located at Delhi as well as in respect of important cases of non-Central Branches requiring
all India publicity.
24.15 The following Instructions should be adhered to in regard to contact with the
Press/Media and Publicity from the Head Office of the CBI:–
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24.15.1 The Deputy Principal Information Officer at the Headquarters is the
authorized Spokesperson of the CBI. He will brief the Press/Media in
respect of cases and other miscellaneous matters, whenever necessary,
with the approval of JD (P) and/or DCBI. He will do so in consultation with
the JDs concerned.
24.15.2 Interviews to the Press/Media can be given only by the
DCBI/SDCBI/ADCBI. If any Joint Director is approved for an interview, he
shall first obtain clearance from the Additional Director/Director. The DIG,
SP or any other Officer below is not authorized to give any interview to the
Press/Media.
24.15.3 For general publicity, the DPIO will collect material and issue periodical
handouts.
24.15.4 The DPIO should also be kept informed of routine progress in important
matters and cases through the JDs concerned.
24.15.5 If any important development takes place in any case which is likely to
generate interest in the Press/media and the public, the DPIO should be
informed immediately.
24.16 Guidelines for Publicity
24.16.1 Publicity, in order to be effective, must be done promptly. For this purpose,
in cases which are being prosecuted in Courts, as soon as the case is
fixed for judgement, full details of the case should be communicated by the
SP concerned to the DPIO at the Headquarters so that the latter would be
in readiness to project its interesting features if the case should result in
conviction. As soon as the judgement is delivered, the SP should arrange
that the details are communicated by telephone/telex/fax to the DPIO at
the Headquarters. Similarly, where Departmental proceedings result in
dismissal, removal or compulsory retirement of an Officer, the Branch
Office concerned should also arrange to pass on the material promptly, i.e.
as soon as it comes to their hands, to the DPIO for publicity. The purpose
of publicity is to publicize malpractices and the manner in which the
offenders were brought to book by the CBI. Therefore, in most of the Press
Notes, some information has to be given as to how the offence came to
notice, how the investigation was taken up by the CBI and the number of
witnesses and documents examined by the CBI.
24.16.2 Cases of the CBI requiring publicity can be divided broadly into two
categories as follows:
(i)
(ii)
Cases of local news value and
Cases of all India interest.
24.17 So far as cases of local interest are concerned, the SP of the Branch may directly
release the material for publication to the Press/media if no office of PIB is situated in the
city. This should be done with the prior approval of DIG. In important matters, JDs should
also be informed. If an office of PIB is situated in that city it can be done only through the
PIB office.
24.18 As regards cases of all-India interest, they may be passed on to the DPIO, CBI at
New Delhi by the quickest means. He will arrange wide publicity of such cases. In
convictions, draft Press communiqués may also be sent to the DPIO, CBI, New Delhi, for
vetting and releasing to the Press as soon as the result of the case is known in the Courts.
24.19 Publicity about the CBI and its work may be done by means of feature articles in
magazines and newspapers. Similarly, Radio and TV features giving the functions and
scope of the CBI, mentioning some important cases of interest and the results achieved can
Page 234 of 234
be given. These articles/ features should be prepared and released by the DPIO, CBI or the
Press Information Bureau but the material for preparing such articles has to be furnished by
the SP incharge of the concerned Branch after getting it cleared from the Head Office.
24.20 Instructions have been issued by the Press Information Bureau, Government of India,
New Delhi, to its Regional Officers to release for publication the material received from the
CBI Branches in English and other regional languages.
24.21 The DPIO, CBI, should also be provided with prompt information of searches and
seizures made in important cases, provided the SP feels that it will not prejudice the
investigation of the case. Such information may be furnished at the earliest opportunity.
24.22 A full and good newspaper draft release should be sent to the Head Office well in
advance, i.e. at least a week ahead of the date of probable conviction, followed by
information about conviction by the quickest means so that the Press release is made on all
India basis on the same day. In some cases, where local release is arranged, the need for
all India coverage may also exist.
24.23 Branches should keep notes of cases of punishments which initially received publicity
for taking steps to communicate the results in appeal to the DPIO, New Delhi, or the
Regional PIB, as the case may be.
24.24 Before giving publicity to the reversal of the conviction/punishment by the Appellate
Authority it may be examined in each case whether:
24.24.1 The acquittal in appeal has been published in the local or the
Press.
area
24.24.2 The CBI considers it a fit case for going in further appeal.
24.24.3 If either of the two factors noted above exist in a particular case, it would not
be necessary to give publicity to the reversal of conviction/punishment in
that case.
Publicity in respect of cases against Defence Personnel
24.25 Court Martial cases should be treated as akin to Departmental Action cases for the
purpose of publicity. While reporting the results of the cases decided by a Court Martial, the
following instructions may be adhered to strictly:–
24.25.1 Prior clearance of the Ministry of Defence should not be necessary in every
case, but it is open to the Ministry of Defence to bring to the notice of the
CBI, when a case is in progress that publicity should not be given without
prior clearance from the Ministry.
24.25.2 No publicity should be given to the Court Martial cases of the Defence
Ministry till the sentences are confirmed by the appropriate authority.
24.25.3 No publicity should be given to the name of the Officer reduced in rank, as
the person concerned will be still in service, but other particulars may be
published in such cases.
Form of Press Communiqué
24.26 The Press communiqué should begin by giving the name of the accused (where
permissible), his designation, the sentence or punishment awarded to him and thereafter,
the charges proved should be mentioned. Any other points of interest might later be
mentioned. e.g. heavy amount involved in an embezzlement, heavy amount taken as bribe,
value of goods and property found. In all old cases, in the Press release the various tactics
adopted by the accused to delay the trial should be mentioned. While highlighting these
tactics, care should be taken to mention only those Petitions and Writs, which were
ultimately rejected by the Court. The Press communiqué should end by saying that the case
Page 235 of 235
was investigated by the (Name of the Branch), Central Bureau of Investigation, Government
of India.
24.27 Press communiqué to be issued by Branches should be prepared carefully in
accordance with the above instructions. A copy of the communiqué that is issued directly by
the outstation SP or through PIB should also be endorsed to the DPIO, Head Office, for
information. While reporting every disposal in Court or in Departmental enquiry to Head
Office in prescribed Forms, the SP should add a paragraph at the end indicating whether the
disposal has been intimated to the DPIO/ Regional PIB office or it is considered to be not of
sufficient news value for such intimation. Where intimation has been given to the DPIO/PIB,
a copy of the note of intimation should be attached to the report to the Head Office. This is
to ensure that H.O. is assured that, in every case where disposal should be intimated to the
DPIO, action for the same has been taken.
Rejoinders and Clarification
24.28 Whenever any News item/Media report is published in any local, regional or national
Newspaper or news channel which gives a distorted version of the CBI cases and brings
out facts falsely and mischievously, immediate corrective action should be taken and
necessary rejoinders and clarification should be issued. In case of News items of purely
local interest outside New Delhi, it must be done at the Branch level by the SP concerned
with the prior approval of DIG/JD. DPIO should always be informed of such news items
immediately and a copy be sent to him by quickest means. At the National level it should be
done by the DPIO with the approval of JD (P), DCBI.
Complaints to Press Council of India
24.29 If any News items/media report appears in Press which gives a distorted version and
mischievously and falsely tries to show a bad image of the CBI, immediate corrective action
should be taken by issuing rejoinder/ clarification/ contradiction. If such rejoinder is not
published by the Newspaper concerned in time, the matter should be brought to the notice
of Press Council of India in the form of complaint under Press Council Rules. The
complaints will be filed and pursued by the DPIO at the Headquarters. He may take
assistance of Legal Division in this regard.
Advertisements about Announcement of Rewards and Information about Accused
and Missing Persons
24.30 The DPIO at the Headquarters deals with the publication of announcement of
rewards and solicits information about absconding accused and missing persons in all CBI
cases, wherever necessary. This is done through Directorate of Advertising and Visual
Publicity, Government of India, New Delhi. All such requests from the Branch SsP come to
the DPIO. The Branch SsP shall send such requests to the DPIO who will arrange
publication in the Newspaper/TV/Magazines through DAVP. The expenditure will be borne
by the Headquarters under Major Head 2055-Police, 00.101-Crl. Inv. & Vig., 01-CBI, 01,
00.16-Publication. Similar publicity may be given through CBI website and other forms of
electronic media where necessary.
24.31 No unauthorized Officer shall speak to the Media in any circumstances. If any query
comes from the Press/Media to any Officer associated with the investigation, it should be
directed to the DPIO and the DPIO be informed about it.
______
Page 236 of 236
CHAPTER 25
INTERPOL AND COORDINATION WING
25.1 INTERPOL– is the telegraphic address of the International Criminal Police
Organization– ICPO. The origin of Interpol dates back to April 1914 when the first
International Police Congress was held in Monaco. In this congress, Police Officers and
Legal Experts from 14 different countries and territories studied the possibility of establishing
an International Criminal Records Office as well as harmonizing extradition procedures. The
outbreak of the First World War prevented any further progress. The Second International
Police Congress met at Vienna, Austria in 1923 and set up the International Criminal Police
Commission. After the Second World War, a Conference was held in Brussels to reactive the
ICPC and the whole concept of International Police Cooperation was revived.
25.2 Interpol, at present is the only official international Police cooperation organization,
solely and permanently responsible for ensuring day-to- day Police cooperation across
international borders. Presently, it has a membership of 182 countries. The list of 182
countries who are members of the Interpol, is at Annexure 25-A. Each of the 182 membercountries has a National Central Bureau (NCB) responsible for exchanging information and
data and for coordinating the functioning within its own country and with other membercountries including INTERPOL Headquarters.
25.3 The Interpol Secretariat General (IPSG), is a permanent body of the Organization
with its Headquarters located at Lyon, France. It is responsible for processing all information
and for handling International Police Cooperation in criminal matters. It has sufficient means
to enable it to respond immediately to NCBs making requests for Police cooperation. The
coordination is achieved by computerized processing and electronic archive system. The
Headquarter arranges issue of international notices and summaries of criminal cases. It also
organizes meetings and symposia on cases or topics of special interest to Police and the
legal profession.
STRUCTURE OF INTERPOL HQ
25.4 The current structure of Interpol Headquarter comprises a General Assembly, the
Executive Committee and the IPSG headed by the Secretary General. In the Interpol
Headquarter, the directorates of Specialized crimes, Operational Police support, Information
systems and technology, Administration, Finance and Communication and Publications
along with Legal Counsels office are the functional units. The National Central Bureaus in
each country along with their Interpol liaison offices located in various states are the most
important field units of this structure.
25.5
FUNCTIONAL GUIDELINES OF INTERPOL
Purpose of INTERPOL
25.5.1
Under Article 2 of the Organization’s Constitution, Interpol’s aims are :
(a)
To ensure and promote the widest possible mutual assistance
between all criminal Police authorities, within the limits of the laws
existing in the different countries and in the spirit of the Universal
Declaration of Human Rights.
(b)
To establish and develop all institutions likely to contribute effectively
to the prevention and suppression of ordinary law crimes.
Page 237 of 237
The limits of its operation are laid down in Article 3
25.5.2
It is strictly forbidden for the Organization to undertake any intervention or
activities of a political, military, religious or racial character.
25.5.3
According to the interpretation given to Article 3, a political offence is one
which is considered to be of a predominantly political nature because of the
surrounding circumstances and underlying motives, even if the offence itself
is covered by the ordinary Criminal Law in the country in which it was
committed. This interpretation, based on the predominant aspect of the
offence, is embodied in a Resolution adopted by Interpol’s General
Assembly in 1951.
25.5.4
In addition, a Resolution adopted in 1984 states that, in general, offences
are not considered to be political when they are committed outside a
“conflict area” and when the victims are not connected with the aims or
objectives pursued by the offenders.
Cooperation Principles
25.5.5
25.5.6
25.6
International Police Cooperation with the ICPO-INTERPOL has always
been conducted in accordance with the guiding principles listed below:
(a)
Respect for national sovereignty: Cooperation is based in the actions
taken by the Police forces in the various Member-States. They
operate and cooperate within their own national boundaries in
accordance with their own national laws.
(b)
Enforcement of ordinary criminal law: The Organization’s field of
activities is limited to crime prevention and law enforcement in
connection with ordinary criminal offences. This is the only basis on
which there can be agreement between all Member- States.
(c)
Universality: Any Member- State may cooperate with any other and
cooperation must not be impeded by geographical or linguistic factors.
(d)
Equality of all Member-States: All the Member-States are provided
with the same services and have the same rights, irrespective of the
size of their financial contributions to the Organization.
(e)
Cooperation with other agencies: Cooperation is extended through the
National Central Bureaus to any Government agency concerned with
combating ordinary criminal offences.
(f)
Flexibility of working methods: Although governed by principles
designed to ensure regularity and continuity, working methods are
flexible enough to take account of the wide variety of structures and
situations in different countries.
Respect for these principles means that Interpol cannot have teams of
detectives with supranational powers who travel around investigating cases
in different countries. International Police cooperation has to depend on
coordinated action on the part of the Member-States’ Police forces, all of
which may supply or request information or services on different
occasions.
NATIONAL CENTRAL BUREAU (NCB)-NEW DELHI:
Page 238 of 238
25.6.1
Interpol New Delhi is the sole authorized agency in India for contacts with
the Police agencies of other countries. It functions as a Branch of CBI and
is under the control of a Deputy Director (DIG Rank) assisted by two
Assistant Directors (Interpol) of the rank of Superintendents of Police.
Interpol Wing handles various matters like Extradition; Letters Rogatory;
Preliminary Enquiries; Investigation in criminal cases; Inquiries in noncrime-related matters; Issuance of Interpol Notices; Verification of character
and antecedents; Verification of telephone numbers, Passport details,
Driving licenses; Drugs and counterfeit currencies; Coordination and
Conferences; Negotiation of treaties of extradition and Mutual Legal
Assistance in criminal matters etc.
25.6.2 For the purpose of effective discharge of its duties, the Interpol Wing of CBI
is functionally divided into the various desks, such as: Investigations
abroad, Investigations in India; Red Corner Notices; General enquiries,
Extradition, Drugs and counterfeit currencies; Conferences, Protocol; Treaty
negotiations and legal issues etc. Further restructuring and strengthening of
Interpol Wing is under consideration.
25.6.3
Interpol-New Delhi has recently been uplinked to IPSG through the Interpol
Global Communication System 24/7, which has replaced the old X-400
system. The new system is capable of transmitting images, graphic files,
audio, video attachments.
25.6.4
All the States/UT Police Forces and Commissionerates of Police have
designated Interpol Liaison Offices who are in direct communication with
Interpol Wing (CBI) through CBI Command Centre to facilitate expeditious
exchange of information and extend cooperation.
COORDINATION WING
25.7 The Coordination Wing is a non- investigating Unit of CBI dealing with the general
coordination and administrative matters, including Establishment, Accounts, Accommodation
relating to Interpol and Coordination functions of CBI. It is headed by a Deputy Director
(DIG), who is assisted by an Assistant Director (SP) and other executive, technical
ministerial and specialized staff deployed at the Interpol, Command Centre and Coordination
Wing.
25.8 The primary duty of Coordination Wing is to liaise and coordinate with Branches of
CBI and other Departments/ Ministries, Law Enforcement Agencies, State/UT Police Forces
and foreign Police/Missions and organizations as and when required. The following are the
main areas which are being looked after by the Coordination Wing of CBI:
LOOK OUT CIRCULARS (LOC)
25.9 The Look Out Circulars are opened to trace the absconding criminals and also to
prevent and monitor effectively the entry or exit of persons who may be required by law
enforcement authorities.
25.9.1
The basic substantive guidelines regarding the publication of the LOCs in
relation to Indian citizens issued by the MHA enunciate the following four
cardinal principles:
25.9.2
The request for opening of LOC is required to be made to all immigration
Check-posts in the country in the Official Format prescribed by the MHA.
25.9.3
The request for opening of LOC must invariably be issued with the
approval of an Officer not below the rank of Deputy Secretary to the
Page 239 of 239
Government of India/Joint Secretary in the State
Superintendent of Police concerned at the district level.
Government/
25.9.4
The originating agency must ensure that complete identifying personal
particulars of the person, in respect of whom the LOC is to be opened, are
clearly mentioned in the prescribed proforma. The LOC will not be opened
for less than three identity parameters other than name of the subject.
25.9.5
An LOC is valid for a period of one year. However, in case the originating
agency wants to extend the validity beyond one year it can ask for the
extension before the expiry of the one year period. If no request is made for
the extension of the LOC within the stipulated period of one year, the
Immigration Officer concerned is authorized to suspend the LOC.
Nomination of Designated Officer
25.10 The Government of India has introduced the Passport (Amendment) Ordinance,
2001 Section 10-A which provides for issuing of notice for suspension/ revocation of
passport by the Designated Officer. The Director/CBI has nominated the Dy Director
(Coordination), CBI to exercise powers conferred by this amendment. The provision implies
that it is imperative to nominate a Designated Officer by the respective State
Government/Central Agencies to follow, enforce and execute the procedures envisaged in
the Ordinance. It is however, reiterated that the powers so conferred by this Ordinance are
only to be executed to cover those cases which fall under the purview of Section 10(3)(c) of
the Passports Act, 1967. The Designated Officer will have the discretion to further delegate
the powers to lower level functionaries to facilitate action to temporarily suspend a passport
at the ground level, after obtaining the formal express approval from the Designated Officers
as per the laid-down procedure.
Biennial Conference of CBI, Heads of ACBx and others
25.11 One of the functions of the Coordination Wing is to conduct the Biennial Joint
Conference of CBI in which apart from the CBI officials, the Heads of State Anti-Corruption
Bureaux, CVOs and others participate. This is a prestigious All India Conference organized
every 2 years.
DsGP/IsGP Conference
25.12 The DsGP/IsGP Conference is organized by Intelligence Bureau every year. Some of
the recommendations of this Conference are communicated to CBI for necessary follow-up
action and implementation. This work is carried out by the Coordination Wing.
D.P. Kohli Memorial Lecture
25.13 The DP Kohli Memorial Lecture is organized every year in April to celebrate the
Foundation Day of CBI.
25.14 The Coordination Wing is also responsible to organize other conferences on the
subjects of professional interest to the CBI.
25.15 The Coordination Wing also keeps data on Anti-Corruption, Vigilance and other
subjects entrusted to it for purposes of coordination. It is the Unit responsible for undertaking
coordination and cooperation between various organizations, agencies, Departments and
national/international bodies, on behalf of CBI.
Publication of CBI Bulletin
25.16 The Coordination Wing publishes a monthly journal entitled CBI Bulletin, which has
a wide circulation in India and abroad.
Page 240 of 240
Fugitive Investigation Support Unit (FISU)
25.17 This Unit has been established in the Coordination Wing to facilitate and monitor
investigation support in tracking Proclaimed Offenders, absconders and Fugitives wanted
by the CBI, Interpol and other Law Enforcement Agencies.
______
Page 241 of 241
ANNEXURE 25-A
INTERPOL MEMBER- COUNTRIES (182)
A
Afghanistan|Albania | Algeria | Andorra | Angola | Antigua & Barbuda | Argentina | Armenia |
Aruba | Australia | Austria | Azerbaijan
B
Bahamas | Bahrain | Bangladesh | Barbados | Belarus | Belgium | Belize | Benin | Bolivia |
Bosnia-Herzegovina | Botswana | Brazil | Brunei | Bulgaria | Burkina-Faso | Burundi
C
Cambodia | Cameroon | Canada | Cape Verde | Central African Republic | Chad | Chile | China|
Colombia | Comoros | Congo | Congo (Democratic Rep.) | Costa Rica | Côte d'Ivoire | Croatia |
Cuba | Cyprus | Czech Republic
D
Denmark | Djibouti | Dominica | Dominican Republic
E
East Timor | Ecuador | Egypt | El Salvador | Equatorial Guinea | Eritrea | Estonia | Ethiopia
F
Fiji | Finland | Former Yugoslav Republic of Macedonia | France
G
Gabon | Gambia | Georgia | Germany | Ghana | Greece | Grenada | Guatemala | Guinea |
Guinea Bissau | Guyana
H
Haiti | Honduras | Hungary
I
Iceland | India | Indonesia | Iran | Iraq | Ireland | Israel | Italy
J
Jamaica | Japan | Jordan
K
Kazakhstan | Kenya | Korea (Rep. of) | Kuwait | Kyrgyzstan
L
Laos | Latvia | Lebanon | Lesotho | Liberia | Libya | Liechtenstein | Lithuania | Luxembourg
M
Madagascar | Malawi | Malaysia | Maldives | Mali | Malta | Marshall Islands |
Mauritania|Mauritius|Mexico | Moldova | Monaco | Mongolia | Morocco | Mozambique| Myanmar
N
Namibia | Nauru | Nepal | Netherlands | Netherlands Antilles | New Zealand | Nicaragua | Niger
| Nigeria | Norway
O
Oman
P
Pakistan | Panama | Papua New Guinea | Paraguay | Peru | Philippines | Poland | Portugal
Q
Qatar
R
Romania | Russia | Rwanda
S
St. Kitts and Nevis | St. Lucia | St. Vincent and the Grenadines | Sao Tome and Principe | Saudi
Arabia | Senegal | Serbia and Montenegro | Seychelles | Sierra Leone | Singapore | Slovakia |
Slovenia | Somalia | South Africa | Spain | Sri Lanka | Sudan | Suriname | Swaziland | Sweden |
Switzerland | Syria
T
Tajikistan | Tanzania | Thailand | Togo | Tonga | Trinidad & Tobago | Tunisia | Turkey
U
Uganda | Ukraine | United Arab Emirates | United Kingdom | United States | Uruguay |
Uzbekistan
V
Venezuela | Vietnam
Y
Yemen
Z
Zambia | Zimbabwe
Page 242 of 242
CHAPTER 26
COMMAND CENTRE
26.1 Information Technology is being used extensively in the CBI in almost all its
professional spheres of work. The Command Centre is functioning to coordinate all such
activities of CBI relating to Information Technology and also providing on-line communication
amongst Branches/Units, Regions/Zones located in various parts of the country. The
Command Centre collates and analyses data and information for use by the senior Officers
and the organization. The CBI Command Centre also plays an important role in Crisis
Management relating to the investigation of major cases.
26.2
The Command Centre comprises of four full-fledged centres, namely;–
(i) The Cyber Forensics & Digital Analysis Centre
(ii) The Network Monitoring Centre
(iii) The Computer Centre
(iv) The Strategic Communication Centre
FUNCTIONS OF THE COMMAND CENTRE
26.3 The functioning of the four centres of the Command Centre are mutually
complementary to each other. Facilities like e-mail, digital analysis, cyber forensics, network
patrolling, communication and electronic equipment located together makes coordination
efficient and effective. Similarly in the event of major cases, affecting the national economy/
security being taken up by the CBI for investigation, coordination with various other agencies
and State Law Enforcement Agencies through the Strategic Communication Centre will be
faster, easier and more secure. The Command Centre is located in the CBI headquarters at
New Delhi.
CYBER FORENSICS & DIGITAL ANALYSIS CENTRE
26.4 This is a joint venture of the CBI and the CFSL. The Cyber Forensic Laboratory has
following tools available for disc forensics and digital image analysis:
(i)
Encase
(ii)
DIBS
(iii)
DRAC
(iv)
Password Recovery Kit
(v)
Other Forensic Supporting Softwares
26.4.1
This Centre provides assistance to Investigating Officers in investigation of
Cyber Crime cases and Video/ Audio identification
26.4.2
The facility is being used by the Scientists of CFSL for gathering/ providing
the evidence in the seized discs/digital evidence. This Centre also provides
technical support as well as manpower to the Investigating Officers of CBI
in seizing and analyzing the discs and digital evidences
NETWORK MONITORING CENTRE
Page 243 of 243
26.5
Network Monitoring Tools are available to monitor the Internet. These tools have
been acquired, developed and installed in the Command Centre with the collaboration of
I.I.T., Kanpur and Department I.T. For making these tools functional they are deployed on
the Servers of Internet Service Providers (ISPs) after observing legal formalities and
obtaining necessary permissions from the competent authority, i.e. Ministry of Home Affairs/
Ministry of Telecommunication and Information Technology etc.
COMPUTER CENTRE
26.6
Computerization took off in CBI in the last quarter of 1986 with the installation of one
personal computer (PC-386) with multi user facility having 7 terminals. A database was
prepared containing details of all CBI cases from the registration stage to its final disposal.
The data used to be collected from all of the branches on monthly basis in the pre-designed
28 Annexures. Subsequently, a computerization project was implemented keeping in view
the concept of e-governance. A Wide Area CBI Network has been established connecting all
the branches of CBI through PSTN & V-SAT. The activities include computerization of
investigation, prosecution and administration. For this purpose, the project consisted of three
applications:
(i) CRIMES Module
:
Cases Registration Investigation Monitoring Enquiry
System.
(ii) ADMINS Module
:
Administration related software support
(iii) CIST Module
:
Case Investigation Supporting Tools.
26.6.1
system.
In order to make monitoring and supervision more efficient and effective,
the CBI moved on to new generation computer systems. During this
exercise, large number of computer systems of latest technology were
procured and got installed in all the CBI branches all over India. All these
systems are connected through WAN (Wide Area Network) and LAN (Local
Area Network) by using VSAT, Radio Links and PSTN lines.
CRIMES Module
26.7 This Module consists of the following sub-modules:–
–
–
–
–
–
–
–
–
–
–
Dairy & Despatch
Complaints & SIR
Investigation
Malkhana
RDA
Prosecution
Dossier
Policy Division
Director’s Office
PIL
ADMINS Module
26.8
This Module has the following sub-modules:–
– Payroll & Advances
– PIS (Personnel Information System)
Page 244 of 244
–
–
–
–
Budget
Vehicle, Equipment and Telephone
Accommodation
CBF (Central Benevolent Fund)
CIST Module
26.9
This Module has the following sub-modules:–
–
–
–
–
–
–
–
–
–
–
Telephone Call Analysis
Bank Statement Analysis
Bank Advance details
Disproportionate Assets
Treaty and MoUs
RBI Guidelines
State consent
Legal Database
Travel Details
DGP/ IGP Conference
26.10 The following functions are being performed by the Computer Centre:–
26.10.1 All the Software Modules are being managed by CBI’s Computer Centre,
manned by I.T. professionals.
26.10.2 Maintenance of computer data, storage systems and connectivity of all the
Branches/Unit of CBI with Regional, Zonal and Head Office.
26.10.3 Providing the data to the actual users, i.e. DIsG, JDs, DoP,
Administration,Training,Policy and Coordination Division for furnishing
reports/clearance to CVC, NCRB and various Ministries / Departments and
Parliament etc.
26.10.4 Imparting training to Investigating Officers in various computer oriented
programmes.
26.10.5 Implement the computerization project in CBI and is responsible for
reporting the Crime Statistics to the Policy Division and other end users. It
also takes up in-house software development and maintains the CBI
Website.
26.11 Branches are supposed to make their data entries pertaining to CRIMES and
ADMINS Modules. The branches are connected to their respective Regional servers. All
the Regional Servers are refreshed in the main server of CBI in the Command Centre on a
regular basis. This system of maintaining data has enabled CBI to keep all the
crimes/administration data readily available at one place.
26.12 On the basis of Crime data, duly refreshed in the Headquarter Server from various
Regional Servers, several reports are generated every month for submission to the Policy
Division. Following are the reports which are generated every month by the Command
Centre:–
– Monthly Crime Report
– Monthly Performance Reports
– Information about cases under PC Act
Page 245 of 245
–
–
–
–
–
–
–
–
–
Division wise details of cases (i.e. ACD, SCD, EOD)
Important Cases under Investigation
Important Cases under Trial
Cases pending for prosecution sanctions
Vigilance clearances
Parliamentary queries
Data pertaining to periodical meetings at various levels
Data pertaining to CBI annual report
Other reports sought by senior Officers from time to time
CBI Website
26.13 The CBI website was launched on 21.2.1999. The website is hosted by National
Informatics Centre (NIC). The contents for the site are provided by the Branches & Offices of
CBI as well as other sources. The site is regularly updated. The Website is a powerful
medium to interact with others and publicise CBI performance. Press releases issued by the
DPIO/CBI are regularly being put on the website. It is also used for publishing different kinds
of notices such as wanted and missing persons, fraud alerts, stolen cultural property, etc.
Videoconferencing
26.14 Facilities are available in the Command Centre for conducting video conferencing
with selected units/Officers of CBI. Even the Courts are relying on examination of witnesses
through videoconferencing, therefore, the facilities available in the Command Centre are
very useful to the organization.
Coordination with outside I.T. and other Agencies
26.15 The Command Centre is coordinating with NIC, ERNET, DIT, IITs and with various
private IT Companies for supporting software and hardware requirements of CBI.
Communications with State/UT Police Forces and other Law Enforcement Agencies are
carried out through the Strategic Communication Centre.
______
Page 246 of 246
CHAPTER 27
CENTRAL FORENSIC SCIENCE LABORATORY (CBI)
C.F.S.L ORGANIZATIONAL SET UP
27.1 In 1968, the Ministry of Home Affairs, Government of India, set up a Forensic
Science Laboratory for Delhi Police and the Central Bureau of Investigation under the
administrative control of the Central Bureau of Investigation. This laboratory now provides
expert opinion on various aspects of Forensic Science concerning crime investigation. Apart
from Delhi Police and the CBI, it also provides assistance to the Central Government
Departments, State Forensic Science Laboratories, Defence Forces, Government.
Undertakings, Universities, Banks etc. in criminal cases. The laboratory has a research and
development set-up to tackle special problems. The expertise available at the CFSL is also
utilized in teaching and training activities conducted by the CBI, Lok Nayak Jaiprakash
Narayan, National Institute of Criminology & Forensic Sciences, Police Training Institutions,
Universities and Government Departments conducting Law Enforcement Courses etc.
27.2 CFSL experts are summoned for appearing before the Courts. Their services are
also utilized by investigating agencies for the inspection of scenes of crime. All
correspondence for assistance/opinion should be addressed to the Director, CFSL (CBI),
Block No.4, CGO Complex, Lodhi Road, New Delhi-110 003.
27.3 The following facilities are available in the CFSL (CBI) for the analysis of crime
exhibits. In regard to areas where facilities for examination of exhibits are lacking in the
CFSL, alternative agencies are suggested by the CFSL to assist the Investigators.
27.3.1
27.3.2
BIOLOGY DIVISION
(i)
Identification of blood, menstrual blood, semen, saliva, sweat, urine,
vomit, faecal matter, nasal discharge etc. and their stains.
(ii)
Identification of different parts of animal and human tissues.
(iii)
Identification, origin and comparison of hair. Remarks whether the hair
is naturally fallen, forcibly removed, hammered, cut or burnt etc.
(iv)
Identification and comparison of all types of fibres, including wool.
(v)
Determination of origin, sex, age, height & identity etc. from skeletal
remains, including teeth.
(vi)
Anthropometric comparison of human skull with photograph before
finally attempting the superimposition technique for human
identification.
SEROLOGY DIVISION
(i)
Identification of species of origin of fresh liquid blood and bloodstains.
(ii)
Identification of species of origin of tissue, skin, both fresh and old,
muscles and bone pieces having bone marrow.
(iii)
Identification of species of origin of washed bloodstains.
Page 247 of 247
(iv)
ABO grouping of fresh blood (both from cells and serum) and
bloodstains.
(v)
ABO grouping of semen, saliva, vomit and other body fluids as well as
their stains.
(vi)
ABO grouping of mixed diluted and washed bloodstains.
(vii) ABO grouping of blood and semen mixed and other body fluid mixed
stains.
(viii) ABO grouping of tissue, skin, muscles, nail clippings and bone
fragment.
27.3.3
(ix)
Identification of species of origin and ABO grouping from hair having
fresh root follicles.
(x)
Identification of species of origin and ABO grouping of blood and
semen stains having fats and any other material adhering to it.
(xi)
Identification of species of origin and ABO grouping of older blood,
semen and saliva stains.
PHYSICS DIVISION
(i)
Examination of paints, glass, metal, including medals, coins etc.
(ii)
Examination and comparison of tool/cut marks on metals, clothes,
paper, leather, glass etc.
(iii)
Examination of telegraph wires.
(iv)
X-ray radiographic examination of packets, boxes, letter bombs &
other secret contrabands as well as currency notes, lottery tickets etc.
(v)
Deciphering of erased/altered numbers on automobiles, cycles,
machines, typewriters, firearms and tailor marks.
(vi)
Testing and comparison of sealing waxes, stones, statues, electrical
wires, machines, motor parts, electric motors, stoves, refrigerators etc.
(vii) Determination of cause of fire whether due to electric short-circuiting
or otherwise.
(viii) Determination of direction of force on glass, door, window panes etc.
in suicide/murder cases.
27.3.4
(ix)
Comparison of fabrics, buttons, soil, seals, printing blocks, printing
materials etc.
(x)
Reconstruction of scene of crime.
(xi)
Comparison and recognition of recorded voice.
BALLISTICS DIVISION
(i)
Identification & comparison of bullets, cartridges, cartridge cases, etc.
recovered from the scene of crime or the body of the victim.
Page 248 of 248
27.3.5
(ii)
Estimation of the range, direction and angle of firing.
(iii)
Examination of airguns and country-made/non-standard firearms for
their performance and measurement of their muzzle velocities to
check their lethality.
(iv)
Analysis of live explosive of traces of explosive-residues in post
explosion debris to determine the type of explosive involved.
(v)
Identification of explosives and examination of defused/ exploded
explosive devices (service/individual/improvised) to determine their
operation and origin.
DOCUMENTS DIVISION
(i)
Identification of handwriting and signatures.
(ii)
Detection of forgeries in signatures
(iii)
Examination of typewriting and identification of typewriter & Typist.
(iv)
Analysis and comparison of inks and paper.
(v)
Examination/comparison
impressions.
(vi)
Examination of handwriting on unusual surfaces at crime scene, like
wall, tree, woodlog, mirror, lifts, curtains, weapons, dead body etc.
and
decipherment
of
rubber
seal
(vii) Detection and decipherment of erased, altered, obliterated and
indented writings.
(viii) Examination and decipherment of writings
documents, examination of adhesive and gums.
between
pasted
(ix)
Examination and comparison of printed, cyclostyled, photo and carbon
copy writings and signatures
(x)
Ascertaining the sequence of two intersecting strokes and folds on
documents
(xi)
Reconstruction of charred and torn documents.
(xii) Examination of staple pins/clip marks, punch holes etc. on documents.
(xiii) Examination of photocopies/Fax copies and computer printouts.
(xiv) Examination of computer printouts in regard to process of printing.
(xv) Examination of carbon papers and writings thereon.
(xvi) Examination of counterfeit and genuine currency, Indian and foreign
notes.
(xvii) Ascertaining the relative or absolute age of documents.
Page 249 of 249
(xviii) Detection of forgeries in travel documents, like passports, traveller
cheques, identity cards, credit cards, visas, driving licences etc.
(xix) Detection and decipherment of secret writings.
27.3.6
27.3.7
CHEMISTRY DIVISION
(i)
Identification of poisons in biological materials (viscera, blood, urine,
stomach wash, vomit etc).
(ii)
Qualitative analysis of narcotics, Psychotropic substances
accordance with the NDPS Act, 1985.
(iii)
Analysis of petroleum products and other inflammable substances in
arson cases, including dowry deaths.
(iv)
Identification of phenolphthalein in trap cases.
(v)
Acids and alkalis analysis and misc. substances.
in
FINGERPRINT DIVISION
(i)
Comparison of fingerprints on documents to establish their identity.
(ii)
Development and lifting of chance prints on exhibits received in the
laboratory for examination or by visiting scene of crime in important
cases and their comparison with the specimen fingerprints of the
suspects/accused to establish their identity.
(iii)
Development of chance prints on documents, such as anonymous
letter, threat letter, ransom letter and letter claiming the responsibility
for terrorist act by using modern chemical techniques.
(iv)
Development of chance prints from difficult surfaces using Laser
Beam Technology and Polilight.
(v)
Taking of ten-digit fingerprints of living persons.
(vi)
Preparation of fingerprint slips from the phalanxes.
(vii) Comparison and identification of foot prints/footwear prints.
27.3.8
LIE DETECTION DIVISION
The lie detection technique is based on the principle of psychosomatic
interactions of an individual, i.e. a change in a person’s consciously held
feelings produces a psychological defence reaction in the form of
physiological changes in his blood pressure, pulse rate, respiration and
electrodermal response (GSR). Fear of detection and entrapment induces
a person to conceal the facts and this produces uncontrollable physiological
reactions, which are precisely measured by the instrument called
Polygraph. The Division provides the following facilities:–
(i)
Verification of the statements of suspects, witnesses & complainants
with the help of a Polygraph machine.
Page 250 of 250
27.3.9
(ii)
To economise and accelerate the process of investigation by
screening innocent persons where a large number of suspects are
involved.
(iii)
Scientific interrogation of suspects in white-collar crime.
(iv)
Confirmation/corroboration
Investigating Officers.
of
the
findings
of
investigation
by
PHOTO & SCIENTIFIC AIDS DIVISION
Forensic Photography:
(i)
Photography and videography of scene of crime and crime-related
exhibits/objects.
(ii)
Photography of accused/suspects.
(iii)
General & special photography involving ultraviolet, infra-red and
visible radiations of all crime exhibits.
(iv)
Oblique light, transmitted light/sidelight photography to decipher
indented writings/marks.
(v)
Deciphering of processed photo films in damaged conditions.
(vi)
Secret photography involving I.R. and Telephoto-lens techniques.
(vii) Microphotography and macrophotography of documents, numerical,
signatures, fingerprints etc.
(viii) Photomicrography of blood, semen, hair, fibres etc.
(ix)
Identification of camera and allied equipment from the given photo
films.
Scientific Aids:
(i)
Secret tape recording of conversation under different conditions and
its reproduction using special recording devices.
(ii)
Secret recordings of telephone conversations.
(iii)
Preparation of slides, pictures and posters and their projection for
audio-visual display.
(iv)
Preparation of audio/ video CDs.
Priority Cases
27.4 Effort is made by the CFSL to give report on the cases within four to six weeks. In
special cases, the report can be given on priority cases depending upon the urgency of the
requirement of the I.O. In difficult cases where exhibits require multi-discipline examinations
or the number of exhibits is large, the examination may take longer time.
Assistance at the Scene of Crime
Page 251 of 251
27.5 Facilities to render assistance at the scene of crime are available. The requisition of
such assistance should be sent by the Supervisory Officer to the Director, CFSL, Block No.
4, CGO Complex, Lodhi Road, New Delhi-110 003 outlining the type of expert assistance
required. The role of Forensic Scientists at the scene of crime would, however, be purely
advisory. The task of collecting clues, their packing and forwarding would not directly and
legally involve the expert scientists sent for advice. Such association at the scene of crime,
however, has to be kept to the minimum to meet only specific and urgent requirements.
Summoning of Experts by Courts
27.6 The Director and other Officers of the CFSL have been declared as Chemical
Examiner and Assistant Chemical Examiners respectively to the Government of India under
Section 293 Cr.P.C. It is, therefore, expected that their expert opinion would be admitted by
the Court and only in cases where the Court desires cross-examination, the experts would
be called in person. Routine summoning of the experts of the CFSL for Court attendance
should, as far as possible, be avoided. However, in no case the Court summons should be
disregarded by the CFSL. While requisitioning an Expert of the CFSL for Court evidence,
the reference number and date of the expert’s report must be mentioned. While fixing a date
for Court evidence, a month’s notice should be given to the expert in order to ensure his
presence keeping in view his commitments with other Courts.
CFSL help on other matters
27.7 Services of the CFSL experts can also be obtained for providing clarifications on
disputed matters. Exhibits which have already been examined by another Forensic Science
Laboratory in a given case are not ordinarily accepted by the CFSL for re-examination
unless specific reasons for the need of re-examination of cases along with full facts are
made available. The CFSL also advises various Investigating Officers as to the type of
scientific aid equipment which may be needed for their use. Training of Investigating
Officers in the use of Forensic Science (specially for the purposes of obtaining relevant
physical clues at the scene of crime) is also provided by the CFSL.
27.8 The CBI Officers may approach Director, CFSL, New Delhi for obtaining assistance
in Forensic Science matters even if they are not covered in the Manual. Director, CFSL will
arrange such necessary facilities.
GUIDELINES & INSTRUCTIONS FOR SUBMISSION OF CASES TO THE CFSL
27.9 The procedure to be followed and care to be taken while forwarding cases to the
CFSL for examination and opinion have been elaborated in this section.
27.10 The cases should be submitted for the examination and opinion of the CFSL by filling
up the forwarding memo at Annexure 27-A. Clear specimen seal impressions on sealing
wax and its ink impression separately must accompany this form for comparison with the
seal impressions on the exhibits/parcels. The exhibits, duly described, packed, marked and
sealed, should accompany this memo. Cases/exhibits should be sent through an authorized
messenger and should be similarly collected on receipt of information from the CFSL along
with the report of the CFSL.
27.11 Specific guidelines by the various Divisions with respect to exhibits are enumerated
below:
27.11.1 BIOLOGY DIVISION
Page 252 of 252
(i)
All stains caused by body fluids should be dried in air and shade.
Each stained area should be covered by clean paper and then
packed. Each article should be packed separately.
(ii)
Vaginal/cervical and anal swabs collected during medical examination
should be dried immediately and then sent in a glass tube promptly to
the laboratory.
(iii)
Vomit and faecal stains should be sent after drying and should be
suitably packed.
(iv)
Tissue samples may by preserved in 10% formalin and sent to the
laboratory if serological examination is also required, i.e. origin and
grouping, the tissue sample should be preserved in 0.85% saline
water.
(v)
If there are hair sample on the victim or accused or on a weapon,
sample hair of victim as well as from the suspect should be sent
separately in sufficient quantities. Hair may be pulled out to get a
random sample. If this is not feasible, a considerable number of hair
should be collected by cutting them close to the skin and they should
be packed and labelled accordingly. If no other suitable method is
practicable for the collection of hair, the method of combing may be
adopted.
(vi)
Bones collected should be sent as such after drying and the same
should be packed carefully without fracturing.
(vii) The stain or tissue etc. should never be touched directly with fingers,
as the sweat and skin may contaminate the stains. Sterilized
tweezers may be used for handling.
27.11.2 SEROLOGY DIVISION
(i)
A piece of cloth stained with a few ml of post-mortem blood should be
dried thoroughly and should be packed in a clean paper envelope.
Liquid blood when kept at room temperature for a long period would
disintegrate and become useless for scientific examination.
Airtight/unsterile bottles and plastic bags be avoided in sexual offence
cases where ABO grouping of semen/saliva stains is required for
comparison.
(ii)
Whenever stains are forwarded, the control materials/clothes must be
sent separately.
(iii)
Blood and saliva samples (1-2ml) of both the suspect and the victim,
packed in ice boxes, may be rushed immediately to the CFSL to avoid
putrefaction.
(iv)
All the stains caused by blood semen or other body fluids should be
preserved well by drying in air and packed properly.
(v)
Different individual blood semen or other body fluids should be packed
separately.
27.11.3 PHYSICS DIVISION
Page 253 of 253
(i)
For examination of paint on vehicles, the paint smears on a vehicle
and the paint flakes from the scene of crime should be collected
separately.
Control sample of paint from each vehicle under
examination should be collected separately and marked. Assistance
from the experts should be taken for collecting samples, if necessary.
(ii)
Soil/mud on a victim’s clothes or on shoes should be preserved
carefully. Disputed and control samples should be packed and
marked separately.
(iii)
To ascertain the direction of force in cases of broken window panes,
remnants of the glass pieces of window panes which remain intact in
the window frame should be marked indicating inside and outside of a
room. These be packed carefully to avoid any breakage.
(iv)
Tool marks on articles/cut ends of wire should be covered with cotton
and then packed in airtight containers to avoid further damage.
(v)
In cases of examination of copper and telegraph wires, the questioned
samples should be at least one meter in length.
(vi)
Guidelines as per Annexure 27-B should be followed for recording
conversations required for comparison/recognition of voice.
27.11.4 BALLISTICS DIVISION
(i)
Arms, their components and ammunition when seized from a scene of
crime or a suspect or from elsewhere should be packed and sealed
separately.
(ii)
Clothes of the deceased/injured having bullet marks should be sent to
the laboratory. The powder marks around the bullet holes should be
preserved by covering them and stapling around with a piece of clean
polythene sheet.
(iii)
A firearm should be unloaded before forwarding to the laboratory.
Before unloading, the number, position & orientation of the live,
misfired and fired cartridge cases in the chamber and magazine of the
weapon should be carefully observed and forwarded to the laboratory.
(iv)
Position of all exhibits, bullets and ricochet marks at the scene of
crime should be noted, measured, photographed and forwarded to the
laboratory.
Similar guidelines should be allowed in cases of
explosives as well.
(v)
Fired bullets, cartridge cases and the weapons used in crime should
be sent as such. Effort should not be made to clean them. The
bullets/cartridge cases should be wrapped in cotton wool and packed
in containers to ensure that the microscopic marks appearing on them
are not disturbed/destroyed during transit.
(vi)
The services of a ballistics expert should be requisitioned for scientific
evaluation of an undisturbed crime scene and post-mortem
examination in important cases.
(vii) Copy of the post-mortem report/injury sheet should be sent in cases of
death/injury by firearms.
Page 254 of 254
(viii) Only defused explosive/explosive devices are examined. The defused
device and a small representative sample (10gm) of the live chemical
explosive should be sent to the laboratory through a messenger.
(ix)
Live detonators should be wrapped in cotton wool and then packed in
paper cartons separately and labelled to avoid accidents during
transit. Chemical explosives, hand grenades dynamite cartridges
should be sent separately.
27.11.5 DOCUMENTS DIVISION
For referring cases of questioned documents to the CFSL, New Delhi,
guidelines already laid down at paras 15.7 to15.14 of Chapter 15 may be
referred.
In addition, the following precautions should be observed while
handling documents;–
(i)
Keep documents unfolded in protective envelopes.
(ii)
If storage is necessary, keep the documents in dry place away from
excessive heat and strong light.
(iii)
Do not mutilate or damage by repeated re-folding creasing, cutting,
tearing or punching for filing purposes.
(iv)
Documents should not be subjected to frequent or careless handling
and should, from the very beginning, be properly protected either by
placing them between sheets of blank paper or preferably between
thin transparent sheets of celluloid.
(v)
Document requiring development of chance prints should be protected
in transparent celluloid envelopes.
27.11.6 CHEMISTRY DIVISION
(i)
The Investigating Officer should furnish the history of a case to enable
the CFSL Expert to arrive at a correct interpretation in
poisoning/unnatural death cases. The Investigating Officers should
ensure that the medical Officer uses suitable preservatives while
forwarding the exhibits, keeping in view the history of the poisoning
case.
(ii)
Arrangements should be made to deposit the samples as quickly as
possible in the laboratory.
(iii)
A legible post-mortem report mentioning the nature of the suspected
poison (on the basis of symptoms) should invariably accompany the
exhibits.
(iv)
In case of suspected poisoning cases where the suspect had
subsequently been undergoing medical treatment, the prescription
and nature of treatment should also be provided.
Page 255 of 255
(v)
The I.O. visiting the scene of crime in a poisoning case is advised to
take into possession the remnants of food, drinks, bottles, utensils
and wrappers. Vomit/blood from the scene should be swabbed with
cotton, packed in polythene bag and forwarded to the laboratory.
(vi)
Opium 20 gms, charas 5 gms and other drugs 5 gms each are
recommended for analytical work.
(vii) Cases of food poisoning (except where poison had been added in the
food from outside) may be referred to the concerned Health
Laboratory. Cases of death due to animal bite, snake bite, scorpion
bite etc. should not be referred to the laboratory.
(viii) In trap cases involving use of phenolphthalein, at least 100 ml of wash
should be sent in clean glass bottles with screw cap. The samples
should be sent for analysis promptly.
(ix)
Burnt material approximately 500 gm. be collected from the suspected
origin of fire and packed in polythene bag or airtight container. This
should be sealed before forwarding to the Forensic Laboratory.
Suspected inflammable liquid preserved in a glass bottle should be
sent separately. For examination of inflammable liquids, the quantity
of liquid may be approximately 150 ml.
(x)
Crime scene visit is of great value if there is no clue to the fire to
ascertain the origin of fire.
27.11.7 FINGERPRINT DIVISION
(i)
A scene of crime must be kept protected if the experts are required to
develop chance fingerprints.
(ii)
Efforts should be made to ensure that chance prints on exhibits sent
for development are not disturbed or destroyed during packing and
forwarding.
(iii)
Phalangeal skin of dead bodies should be got removed carefully by
the Surgeon conducting the autopsy and be sent in ten separate
bottles with proper preservative, each bottle having the label indicating
the digit to which it belongs. This is essential for preparing a ten digit
fingerprint slip of the deceased to establish identity.
(iv)
While referring documents for examination, the questioned, admitted
and specimen fingerprints should be carefully marked and numbered;
the questioned prints in Q series, admitted in A series and the
specimen prints in S series.
(v)
For comparison, the specimen prints should be clear and identifiable.
They should be taken in preferably printer’s ink only. In addition to
rolled prints, specimen plain prints of all the ten-digits should also be
sent in triplicate.
(vi)
Requisition letter required for visiting scene of crime.
27.11.8 LIE DETECTION DIVISION
Page 256 of 256
(i)
The Lie Detection Test is undertaken by prior appointment on a written
request from the Investigating Officer.
(ii)
The Investigating Officer directly involved in the investigation should
be present in the laboratory for discussion of the case in detail to
formulate the issues to be probed before the examination.
(iii)
The subject for Polygraph examination must have normal amount of
rest and food during the 24 hours before the scheduled examination.
(iv)
A Polygraph examination should not be requested for until a fairly
thorough investigation has been undertaken, including physical
evidence. Without the results of such investigation it is extremely
difficult for the examiner to formulate proper questions and to uncover
inconsistencies which may exist in the subject’s statement.
(v)
The following material should be made available to the Lie Detection
Division well in advance of the date of examination of the subject:
(1)
A copy of the FIR.
(2)
Investigation report, including facts, names, places, times, dates,
diagrams of scene of crime, photographs etc.
(3)
Statements of
complainants.
(4)
In case of serious injury, violent or suspicious deaths, sex
offences, a copy of the attending physician’s report or the
medico-legal report should be provided.
(5)
In cases of sex offences, such as intercourse with a female child,
forcible rape, indecent liberties or perversion, it is important that
the victim as well as the accused are made available for
interview and/or Polygraph examination. It is essential that the
Polygraph examiner has a first-hand detailed statement from the
victim and that the interview of the victim precedes that of the
suspect or witnesses.
the
subjects,
i.e.
suspects/
witnesses/
27.11.9 PHOTO & SCIENTIFIC AIDS DIVISION
(i)
The requisition forwarded must detail complete requirements of
photography.
(ii)
Damaged and processed films should be packed in soft paper to
avoid further damage to its emulsions etc.
(iii)
For oblique light photography, the specimen should be packed in
unfolded condition.
CYBER FORENSIC LABORATORY
27.12 A new addition to the technical assistance with CFSL (CBI) is the Cyber Forensic
Laboratory. The functions and type of assistance available in this Laboratory are mentioned
in a separate order issued on the subject.
Page 257 of 257
______
Page 258 of 258
ANNEXURE 27-A
PROFORMA USED IN CFSL
FORWARDING NOTE
In all cases where examination of any material is required at the laboratory,
a copy of the form duly filled in should accompany the exhibit
Letter No......…....................................…....
Dated..............…………….................…......
RC /FIR/DD/PE No.................……...
Dated..........………...
Branch/PS..........................................................
State...................................................................
Section of Law.......................................
I. NATURE OF CRIME
(This should cover nature of charge, brief history and relevant details)
II.
Sl.
No.
LIST OF EXHIBITS SENT FOR EXAMINATION
Description of The
Exhibits
III
How, when and by
whom found
Source of Exhibits
Remarks
NATURE OF EXAMINATION REQUIRED
1
2
3
4
5
6
IV.
Sl.
No
Full Name
PARTICULARS OF PERSONS IN CUSTODY
Occupation
Age
Sex
Date &
Time of
Whether on
Bail or in
Court
Page 259 of 259
.
Arrest
Custody
Rank & Signature of the
Investigating Officer
Dated .......................
Memo No. .....................
Forwarded to the Director, Central Forensic Science Laboratory, Central Bureau of Investigation,
Block No. 4, CGO Complex, Lodhi Road, New Delhi - 110003
Specimen(s) seal(s) impression(s)
of Exhibit(s) / Parcel (s)
With sealing wax and printer ink
Signature & Designation
of the forwarding Officer
(with seal impression)
Page 260 of 260
CERTIFICATE OF AUTHORITY
Certified that the Director, Central Forensic Science Laboratory, Central Bureau of
Investigation, Block No. 4, CGO Complex, Lodhi Road, New Delhi has the authority to examine the
exhibits
sent
to
in
connection
with
the
Case
No.
..............………….............
Station..................….......S/V...................….........U/S...............…........Dated..………...
and,
Police
if
necessary, to take them into pieces or remove portions (s) and to conduct test firing of cartridge for
the purpose of said examination.
Signature & Designation
of the forwarding Officer
(with seal impression)
Place :
Date:
Page 261 of 261
ANNEXURE 27-B
GUIDELINES FOR RECORDING CONVERSATION/VOICE
USING AUDIO RECORDING SYSTEMS
Guidelines are being circulated for better recording of conversation with least disturbances of noise
and distortion etc.
RECORDING EQUIPMENT
(1)
A high-quality apparatus (High frequency & high intensity) may be used for recording. Mini
cassettes are not suitable and, hence, not recommended. A recorder with two track technique
and having ‘Auto level control’ should be preferred.
(2)
Fresh chromium Oxide Cassette Tape(C-60) should be used. Cassettes C-90 or C-120 should
not be used.
(3)
As far as possible, the tape recorders be operated on 220 volts A.C. In other cases, new
batteries are to be used for each recording.
(4)
The recording should be made with a steady speed of not less than 4.75 cm/sec. though 9.95
cm/sec. speed would be preferred.
(5)
Prior to each recording, recording head of the apparatus is required to be cleaned with alcohol.
(6)
Complete automation with respect to the recording Unit is preferable.
RECORDING OF QUESTIONED & SPECIMEN VOICES
(1)
Recording of specimen sample of voice should be done in a sound-proof room. As far as
possible, the specimen voice and questioned voice be recorded under similar conditions.
(2)
The conversation should be prolonged in such a manner that the relevant words are repeated a
number of time. A similar text in the same language should be prepared for recording the
specimen samples.
(3)
The speaker should be at a distance of about one foot from the microphone and should speak
with normal speed and loudness. It is an essential requirement to stabilize the speech of the
speaker, for which, he may be asked to speak continuously for two minutes before he reads the
prepared text. The text should be read continuously for 1 minute to be followed by a pause of
30 seconds and this process be repeated twice. The speaker be directed not to speak/read too
fast or too slow, but he should read/speak normally.
(4)
The Investigator should make all efforts to eliminate as much background noise as possible by
not playing Radio, T.V, Air conditioners, Fans or overlapping conversations.
(5)
Make the suspect conversant with the text of specimen speech before the recording starts.
(6)
The I.O and suspects should identify themselves and mention the case number/objective of
recording. The time, date, location and telephone numbers should also be recorded.
(7)
In the event of a suspect disguising his voice, the I.O should ask for the repetition of disguised
words until he feels satisfied that the suspect is speaking in the same way as in the questioned
voice.
(8)
The voice of the suspect should be recorded when he is in normal physical and mental health.
(9)
‘Auto Message Recorder’ should be used for recording telephonic conversation.
Page 262 of 262
(10) In case any clarification is required, the Investigating Officer may get in touch with the CFSL
/CBI
(11) The text of conversation should be documented and forwarded to laboratory.
______
Page 263 of 263
ANNEXURE27-C
NATIONAL HUMAN RIGHTS COMMISSION
GUIDELINES RELATING TO ADMINISTRATION OF POLYGRAPH TEST
(LIE DETECTOR TEST) ON AN ACCUSED
The Commission has received complaints pertaining to the conduct of Polygraph Test (Lie
Detector Test) said to be administered under coercion and without informed consent. The tests were
conducted after the accused was allegedly administered a certain drug. As the existing Police
practice in invoking the Lie Detector Test is not regulated by any ‘Law’ or subjected to any guidelines,
it could tend to become an instrument to compel the accused to be a witness against himself violating
the constitutional immunity from testimonial compulsion.
These matters concerning invasion of privacy have received anxious consideration from the
Courts [see Gomathi v. Vijayaraghavan (1995) Cr.L.J.81(Mad); Tushaar Roy v. Sukla Roy (1993)
Cr.L.J. 1959 (Cal); Sadashiv v. Nandini (1995) Cr.L.J. 4090]. A suggestion for legislative intervention
was also made. Insofar as matrimonial disputes were concerned, American Courts have taken the
view that such tests are routinely a part of everyday life and upheld their consistory with due process
[see Breithbaupht v. Abram (1957) 352 US 432]. To hold that because the privilege against
testimonial compulsion “protects only against extracting from the person’s own lips” [see Blackford v.
US (1958) 247F(20) 745], the life and liberty provisions are not attracted may not be wholly
satisfactory. In India’s context, the immunity from invasiveness (as aspect of Art. 21) and from selfincrimination (Art .20(3) must be read together. The general executive power can not intrude on
either constitutional rights and liberty or, for that matter, any rights of a person [see Ram Jawayya
Kapur (1955) 2 SCR 225]. In the absence of a specific ‘law’, any intrusion into fundamental rights
must be struck down as constitutionally invidious [see Ram Jawayya Kapur (1955) 2 SCR 225;
Kharak Singh (1964) 1 SCR 332 at pp. 350; Bennett Coleman (1972) 2 SCR 288 at pr. 26-7; Thakur
Bharat Singh (1967) 2 SCR 454 at pp. 459-62; Bishamber Dayal (1982) 1 SCC 39 at pr. 20-27;
Naraindass (1974) 3 SCR at pp. 636-8; Satwant(1967) 3 SCR 525]. The Lie Detector Test is much
too invasive to admit of the argument that the authority for Lie Detector Tests comes from the General
power to interrogate and answer questions or make statements (Sections 160-167 Cr.P.C.). However,
in India, we must proceed on the assumption of constitutional invasiveness and evidentiary
impermissiveness to take the view that such holding of tests is a prerogative of the individual not an
empowerment of the Police. Inasmuch as this invasive test is not authorized by law, it must perforce
be regarded as illegal and unconstitutional unless it is voluntarily undertaken under non-coercive
circumstances. If the Police action of conducting a Lie Detector Test is not authorized by law and
impermissible, the only basis on which it could be justified is, it is volunteered. There is a distinction
between (a) volunteering, and (b) being asked to volunteer. This distinction is of some significance in
the light of the statutory and constitutional projections available to any person. There is a vast
difference between a person saying, “I wish to take a Lie Detector Test because I wish to clear my
name” and a person is told by the Police, “If you want to clear your name, take a Lie Detector Test”. A
still worse situation would be where the Police say, “Take a lie detector test, and we will let you go.”
In the first example, the person voluntarily wants to take the test. It would still have to be examined
whether such volunteering was under coercive circumstances or not. In the second and third
examples, the Police implicity (in the second example) and explicity (in the third example) link up the
taking of the Lie Detector Test to allowing the accused to go free.
The extent and nature of the ‘self-incrimination’ is wide enough to cover the kinds of
statements that were sought to be induced. In M.P. Sharma (AIR 1954 SC 300), the Supreme Court
included within the protection of the self-incrimination rule all positive volitional acts which furnish
evidence. This by itself would have made all or any interrogation impossible. The test–as stated in
Kathi Kalu Oghad (AIR 1961 SC1808)–retains the requirement of personal volition and states that
‘self-incrimination’ must mean conveying information based upon the personal knowledge of the
person giving information. By either test, the information sought to be elicited in a Lie Detector Test is
information in the personal knowledge of the accused.
The Commission, after bestowing its careful consideration on this matter of great importance,
lays down the following guidelines relating to the administration of Lie Detector Tests:–
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(i)
No Lie Detector Tests should be administered except on the basis of consent of the accused.
An option should be given to the accused whether he wishes to avail such test.
(ii)
If the accused volunteers for a Lie Detector Test, he should be given access to a lawyer and
the physical, emotional and legal implication of such a test should be explained to him by the
Police and his lawyer.
(iii)
The consent should be recorded before a Judicial Magistrate.
(iv)
During the hearing before the Magistrate, the person alleged to have agreed should be duly
represented by a lawyer.
(v)
At the hearing, the person in question should also be told in clear terms that the statement
that is made shall not be a ‘confessional’ statement to the Magistrate but will have the status
of a statement made to the Police.
(vi)
The Magistrate shall consider all factors relating to the detection including the length of
detection and the nature of the interrogation.
(vii)
The actual recording of the Lie Detector Test shall be done in an independent agency (such
as a hospital) and conducted in the presence of a lawyer.
(viii)
A full medical and factual narration of manner of the information received must be taken on
record.
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