This write up is not invention but the information available in the Various forms are collected and incorporated in his lectures.
by:-
Mohan.B.Goud (IPS)
Retd.Dy.Commissioner of Police, Mumbai
Contact no- 26558920/8976098920.
Joined Maharashtra Police Force in July 1965, As Police
Sub-Inspector .
Work in Mumbai City at Various Police Stations, SBI (I), SBI
(II), CID, Arms.
In 1978 Promoted as Police Inspector,
In 1983 Promoted as Ass.Commissioner of Police.
Worked as Dy.Controller of Civil Defense, Airport Division,
Byculla Division and Promoted as Dy.Commissioner of Police
in 1989.
Held Charge of SB (I) , ADDL.SP Nanded, Principal Police
Training School, LA (I), Airport Zone- VI,VII & VIII, Chief
Security Officer M.S.Legislature Sec.Mum.
Date of Appointment , Year OF Allotment (IPS-SPS-1991)
In Recognition of excellence performance during the
above period of service he has been awarded Police
Medal for meritious service on the occasion of Republic
Service Profile
Stood Second in 33rd Batch of 1975 in Central
Detective Training School, Hyderabad in Investigation
of Forensic Science.
Conducted 100 Seminars of Mumbai Police Officers
after Communal Riots in Mumbai & Delivering
Lectures in Maharashtra Police Academy & Schools.
Justices System of India
This write-up prepared by Mohan Goud (I.P.S)
He joined as P.S.I in 1965 , in the year 1976 he became P.I .
In the year 1981 he was promoted as A.C.P and the
promoted as a D.C.P in 1989. Served in Mumbai in the capacity
D.C.P / S.P on promotion as S.P he posted at D.C.P S.B 1 ,
then as additional S.P Nanded and later as principle P.T.S
Khandala. He held post of D.C.P airport operation , zone 6
and 7 retd in 2002.
In recognition of excellent performance during the
above period of service he has been awarded Police Medal
For meritorious service on the occasion of Republic Day , 1993.
He has been appointed in I.P.S the year on allottment
I.P.S – S.P.S 1991.
The India accepted parliamentary democracy .
Its justice system based on the views of
Legislation , Executive and Judiciary . This
write up is based on the 3 Major Acts viz
-Indian Penal Code
-Code of Criminal and Civil procegor
-Indian Evidence Act
Justices System of India
Justices System of India
Justice is the first virtue of social institutions, as truth is of
systems of thought .
--- John Rawls
Is a unique system of the world it is essence of democratic
countries but at
present it has come on the threshold of criticism.
Pre independent the law was implemented by the rulers and
there administration was based on three major acts – IPC
1860, IEA 1872, CCP and CCP 1878-1973
Justices System of India
An Overview
• Justice concerns the proper ordering of things and
persons within a society.
• As a concept it has been subject to philosophical, legal,
and theological reflection and debate throughout history.
• A number of important questions surrounding justice
have been fiercely debated over the course of western
history:
– What is justice?
– What does it demand of individuals and societies?
– What is the proper distribution of wealth and
resources in society: equal, meritocratic, according to
status, or some other arrangement?
Justices System of India
An Overview
• There are myriad possible answers to these questions
from divergent perspectives on the political and
philosophical spectrum.
• Let us use the concept in very basic terms:
Justices System of India
1. None should be victimized. He/she should be given justice
as per his/her due right.
2. Justice delayed is justice denied.
3. Only Justice given in the court is legal justice however,
revenge taken to meet justice on the road is a Crime.
4. This crime is not accepted in civilised society and such acts
must be brought to justice.
What is Justice ?
How you Define
Justices System of India
What is Justice ?
How you Define
5. Burden of proof is an important aspect. At the time when
criminal liability to be fixed, whether accused has to prove
his innocence or state has to prove his guilt beyond all
reasonable doubt.
6. One woman went to the king and demanded justice that her
husband has been killed by the kings authority. King told
her that you can kill me. Lady bluntly stated that she had
approached the king for justice not to take revenge.
7. In a democracy, Justice is administered by the Judiciary
within the purview of three pillars:
A. Legislature – The Creation
B. Executive - The Execution
C. Judiciary – The Implementation
Justices System of India
What is Justice ?
How you Define
8. If “A” has inflicted injury to “B”, “B” must be compensated
and rewarded damages.
9. Injury/Damage includes
A. MIND
B. REPUATION and
C. PROPERTY.
10. Punishment should be Reformative and not Deformative
11. Mr. M. K. Gandhi introduced the concept of:
A. Open Jail
B. Let 100 criminals be released but an Innocent
should not be hanged
C. Hate the sin, not the sinner.
12. You may not take life if you cannot restore it!
– Infringement of Fundamental Rights.
Justices System of India
What is Justice ?
How you Define
Justices System of India
The Offence
Offence Against
Property
Offence Against
Property
Criminal Civil
Non-
Cognizable
Cognizabl
e
Criminal Justices
System
Justices System of India
I. Offence Committed in Society
II. Report at Police Station.
i. FIR 154 CrPC.
156 (III) CrPC 202 CrPC
ii. Panchanama 102 CRPC.
iii. Statement of witnesses 161-162.
iv. Object taken Charge or produced relating to
offence.
Police Station Charge
Room
Justices System of India
v. Property movable to be seized.
vi. Exhibits to be examined in the Light of Forensic
Science.
vii. Obtain opinion of experts.
viii. Of Finger Prints & Hand Writing.
ix. Statement of witnesses not signed.
x. Statement of accused 24, 25, 26 IEA 160 CrPC.
xi. Extra judicial statements.
xii. Dying declaration 32 (1),I E A.
Police Station Charge
Room
Justices System of India
xiii. Search seizure arrest.
xiv. Remand / Bail.
xv. Opinion of experts.
1) Hand Writing.
2) Finger Prints.
3) Ballistic Experts - Made in ordinary course of
business.
4) Chemical Analysers.
5) Electronic Gadgets / Death-Inquest, Coroner/
Police Station Charge
Room
Justices System of India
Police Station Charge
Room
6) Telephone, Tapes, E-Mail, Entry at various Institute, Banks, Posts
etc. Documents, Confession, Admission.
7) Elimination system.
8) Identification parade of identification from public.
9) Injury certificates PM report.
10) Previous conduct / Subsequent conduct.
11) Offence - Chemical Analysers.
Justices System of India
Police Station Charge
Room
12) Proclaimed absconding.
13) “A” Summery- True but undetected.
“B” Summery- Maliciously false.
“C” Summery- Neither true & false.
Discharge accused u/s 169 CPC.
If there is no prima-facie evidence.
14) Death-Inquest, Coroner/ Magistrate.
Justices System of India
Police Station Charge
Room
15) WARNS the accused Under the provision of 164 CRPC
i. You are not bound to make.
ii. It should be voluntarily and true.
iii. It should be used against him as evidence, gives time
inspite of interval time if does not change his mind he
can.
iv. Extra judicial statement, confession – Accused is
admitting his guilt before a person in confidence he
knew that it will not be disclosed to any body else and
use as evidence against him.
v. Person can tell lie but circumstances cannot.
vi. Salute is out word sign of in word respect
Charge Sheet before
Court
1) Framing of charge committed to Higher Court.
2) Issue process-summons, warrant bailable, non-bailable,
declare absconder, confession u/s 164 CrPC.
3) Examination of prosecution witnesses ‘X’ by defense.
4) Production of exhibits through Panchas, witnesses and
by police.
5) Examination of defense witnesses.
6) Observation by court “Hostile written” “X” by prosecution.
7) Argument of prosecutor
8) Argument of defense
Justices System of India
Charge Sheet before
Court
9) Intervention if any
10) i. Admonished warning.
ii. Simple imprisonment till court arise.
iii. Fine
11)Pronouncing judgment request to appeal is garneted / non-
garneted.
12) Released on bail till the appeal is over conviction is used
against individual for preventive actions.
13) Person cannot be said convict unless all charges leveled
against him are proved beyond all reasonable double till
that time he is called innocent.
Justices System of India
Civil Judicial System
Can lodge plaint directly to civil court where plaintiff
will be examined and summonses are issued. The
Court accepts the evidence through affidavit and
most of the procedure like criminal covered in civil
procedure code.
Justices System of India
Civil Judicial System
Justices System of India
Parole : In extraordinary circumstances on medical
ground /clean record accused can make an
appeal to the high court and also request for
Parole.
Injunction :
Solvency :
Successions :
Will proclaimed the offender and property attached.
Civil Judicial System
Justices System of India
IV. Jail
Simple imprisonment as per jail manual rigorous
imprisonment parole. Police obtain details
punishment undergone at jail
Punishment 53 IPC. accused are liable under the
provision of IPC.
First – Death.
Secondly – Imprisonment of life.
Civil Judicial System
Justices System of India
Thirdly - Deleted by Act 17 of 1949 sec 21.
Fourthly -(1) Rigorous that is with hard labour.
(2) Simple.
Fifthly - Forfeitures of property.
Sixthly - Fine 65, 66, imprisonment of non-payment of
fine
77 judge when acting indicial cannot be
punished .
Civil Judicial System
Justices System of India
• Externment proceedings – Under sec 56,57 CRPC.
(TADIPAR)
• 56- A person having conviction of body offences and
again involved in similar offences can be externed.
• 57- A person having conviction of property offences
and again involved in similar offences can be
externed.
VI Chapter Proceedings
Justices System of India
107CRPC – Likely to indulge similar offences again
can
be obtained bond for good behaviour
109- If person found indulging likely to be involved in
various offences, can be asked to furnish a bond
for good behaviour.
110- If a person found in repeating illegal activities
and not coming under the clutches of law can be
detained by the Special Executive Magistrate
(Divi ACP) and asking the criminal to furnish a
bond with cross surety.
General Terminology
Justices System of India
1. Statement of witnesses is not signed because it’s just
police notes taken during course of investigation. It is
used by court for only contradiction.
2. Opinion of Expert is admissible because expert is familiar
in his profession for long time his opinion taken to
account.
3. Identification parade Person is seen by the witness at the
time of committing crime in mixed in crowd and allow
witness to identify before Executive Magistrate.
4. During declaration –Admissible “Dying man will not meet
his maker with lie in his mouth”.
General Terminology
Justices System of India
5. Statement or record made in a ordinary course of
business is admissible.
6. Damage injury – 44 IPC defined MIND
REPUTAITON PROPERTY
7. Statement before police is not admissible because
it is persecuted that it is obtained with THREAT
INDUCEMENT & PROMISE by police.
8. Statement before Magistrate is admissible u/s 164
CPC. Magistrate record confession of accused
General Terminology
Justices System of India
WARNS the accused Under the provision of 164 CRPC
i. You are not bound to make.
ii. It should be voluntarily and true.
iii. It should be used against him as evidence, gives time
inspite of interval time if does not change his mind he can.
iv. Extra judicial statement, confession – Accused is admitting
his guilt before a person in confidence he knew that it will
not be disclosed to any body else and use as evidence
against him.
v. Person can tell lie but circumstances cannot.
General Terminology
Justices System of India
7. Finger print evidence is conclusive because Ridges
are permanent and they are not identical to each
other unless it belongs to same person.
8. Hand writing experts and other experts evidence is
not conclusive proof it should be corroborated by
circumstantial evidence.
9. Telephone conversation/tapes are not accepted by
court unless it is corroborated by various
circumstances and fact.
10. Expert must depose by himself not by any other
witness.
General Terminology
Justices System of India
11. If witness is not available and record is available from the
record a person who is familiar and convergent with the
hand writing of unavailable person can be accepted.
12. Previous conduct is not admissible
13. Statement of accomplice is not admissible.
14. Hostile witness. If any witness do not stick up to his own
statement made before police and before magistrate. He
can be declared as hostile and can be ‘X’ examined by
the Prosecutor/Govt.
15. CROSS EXAMINATION be not as (i) To Challenge the
Veracity, (ii) Impics the character
General Terminology
Justices System of India
16. Person is called innocent although he is arrested charge
sheeted unless he is proved guilty beyond all reasonable
doubts.
17. If benefit of doubt is given his acquittal is not accepted by
various authority in case of Govt. Service and other
authorities.
18. Unless 48 hours are in police/judicial custody he can be
called innocent no action is taken by employee private or
Govt. Sector.
19. In quest is performed in all un-natural death to ascertain
whether it is Accidental, Homicidal, Suicidal or can be
classified as verdict given by coroner. We are not in
position to say now the person died or received fatal injury.
General Terminology
Justices System of India
20. Person acreans male or female he will be dismissed from
services if it is proved an act of corruption – Moral erupted
21. Offence wrongful given to one 23 IPC wrongful loss to
another
22. 34 IPC in furtherance of common intention act done by
several persons
23. Benefit of doubt intention of one of the accused proved
but not conductively in the case of others. Life to 5 years.
Good Faith 52 IPS which is done or believed without due
care and attention person is not heard for more than 7
years presumed to be dead.
Point For Discussion
Justices System of India
• White collar crime
• Anticipatory Bail
• Juvenile Delinquency
• Human Right Commission
• Right of { To Know Information}
• Application of 304 – 304A 1PC Mistake of Fact / Law
• Application of 304 – 304A 1PC Mistake of Fact / Law
Point For Discussion
Justices System of India
• Application of 398(a) 1PC
• Dowry death
• Sexual Harassment at Work Place
• Remand home, Bostal School, Probation Officer,
Rescue Home, Sudhar Gruha, Family Courts.
• General tendency of Police Officer to avoid
registration of Cognizable offence
Justices System of India
In spite of all these avenues available in Justice System
still there are other avenues open –
1. FIR Under section 153 CRPC
2. Magisterial enquiry – 202 CRPC
3. Direct Complaint in the court by the complainant.
4. Approach to Human Rights Commission for the irregularities
committed by the govt officials.
5. Right to information.
Justices System of India
(i) Detention
(ii) Circumstances
(iii) With 7 years after marriage
Prostitution itself is no-offence only Living on the
earning of prostitution and committed by the minor
below 16 years.
Child 16 – 18 years
Children Act, Bostal School Remand Home.
Rescue Home
Justices System of India
Extortion
Encounter
Corruption and other charges. The employee of Nationalised
Bank can be held to be Public Servant within the definition of
Public Servant Sec. 21 of IPC.
President and Secretary of Co-op. Society cannot be Public
Servant.
Private Medical Practitioners are not Public Servants.
Burden of proving insanity – 84 1PC
92 Act done in good faith for benefit of person without
consent.
Right of Private Defense 97
Justices System of India
Firstly His own body and the body of any other persons.
Secondly the movable / immovable property of himself or
any other person, thefts, mischief, dacoity, robbery etc.
120B Punishment for 120A. Two or more agree to do or
cause to be done is An Illegal Act or (2) not illegal means
such an agreement is designated a Cr. Consp.
FIR at the instance of accused, is inadmissible but
production of weapon is admissible.
Dual ownership – accepted in Indian Law.
Legal Possession is to be decided by Court not by Police
or any other individual.
Justices System of India
Adverse possession, Entered legally remained illegally.
Panchama – No Word.
Cruelty to Animal is an offence.
National Bird has special privilege like National Leader.
Hunting is an offence under sports.
Lunatic – A person who is not giving rational answer to
the question put to him 13 ILA
Code
Justices System of India
Every individual has certain secrets of his success.
This success is based on long standing tradition and
practice followed by the persons time to time but it
should be accordance with the law. These practices
called code of conduct which are normally accepted
in all successful organizations.
Police organization is disciplined body derives
success from circumstance.
Code
Justices System of India
1. Why Mumbai Police is known for successful
investigation. Because it is island surrounded by
water from all the sides entry and exit to the city is
limited; viz only 4 check posts through land, only one
check post through Rail, Air and Sea. If this excess
controls are manned properly criminal cannot be
escaped, and police gets it credit, of tracing
absconders at entry and exit post.
2. When two objects comes in contact one leaves
something and other takes along something,
exchange of object and its.
3. Detection-Investigation is re-construction of crime.
Code
Justices System of India
4. Criminal is senior to the police.
5. Modus Operandi – Habit is instinct animal like that
one person committing and succeeding in particular
modus operandi of crime he will stick up to it.
6. Finger Print.
• Ridges are permanent
• They are not identical unless they are same
Code
Justices System of India
7. Firing - Firer is always scared from bullet i.e. fired
object. He assumes, it might hit him but fired object
always goes straight and does not comes.
8. It is always stated that criminals are having
sophisticated weapons whereas police have
outdated weapons and that is why police are not
helpful. It is not true person behind the weapon is
important police is trained whereas criminal is not
trained.
9. Stone throwing – whenever police face stone
throwing they should not get scared because stone
shower comes 3 or 4 times only because normal
person cannot throw more than 3 or 4 stones. Police
has to be trained in combating few showers of
stones only.
Code
Justices System of India
10.If trainee is not trained, the trainer has not trained.
11.Great civilizing power in policemen
12.Person can tell lies but circumstances cannot.
13.Offender normally come back to the scene of crime
after offence to see what had happened
14.Salute is outward sign of inward respect.
15.Inherent power of police search seizure arrest.
16.Positive approach.
Code
Justices System of India
14.Unanswering obedience.
15.Hate the sin not the sinner.
16.Damage – Mind, Reputation & Property.
17.Indian Lunacy Act
Definition – Person who is not giving rational answer
to the
question put to him.
Section 13 – Violent Lunatic can be taken charge by
the Police, keep him for observation before Police
Surgeon, obtained orders of reception from Zonal
DCP and send to Asylum for further treatment.
Code
Justices System of India
21.Accident takes place only once.
22.Behind every great fortune there is crime.
23.Act done in good faith is accepted.
28.Suspect found in suspicious manner and not
giving ostasible mans. If subsistence not giving
satisfactory answers to the questions about his
presence in the locality
29.Forensic science blood, saliva, semen, sweat,
fibre, wood, colour, iron, hair, dust, cloth, shoes,
five arms, balestic experts, hand writing experts,
graphology
Code
Justices System of India
34.First 6 hours fresh body, Rigor Mortis sets in till 12
hrs. then it starts decaying.
35.Attack is 50% Defence.
Justices System of India
THE SYLLABUS DESIGNED INORDER TO GET THE
INFORMATION
ABOUT THE FOLLOWING ASPECTS FOR THE DEFENCE
PERSONNEL
WHO ARE AT THE VERGE OF RETIREMENT AND LIKELY
TO JOIN
PRIVATE SECTORS ON HIGHER AND IMPORTANT
POSITIONS
Intelligence – Intelligence department
Labour Law
Trade Union
Legal Aspect of Security
Strike and Dharna
Mob Control
Forensic Science
How to give evidence in the court
Arrest, summons, warrant, custody and bail.
Counseling / PRO