Crime Manual 2005 (Full) in PDF - Central Bureau of Investigation

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Crime Manual 2005 (Full) in PDF - Central Bureau of Investigation

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CONTENTS

FOREWORD

MOTTO, MISSION AND VISION

CHAPTER 1 Constitution and Organization of the CBI 05 - 39

CHAPTER 2 Anti-Corruption Division 40 - 41

CHAPTER 3 Special Crimes Division 42 - 43

CHAPTER 4 Economic Offences Division 44 - 46

CHAPTER 5 Targets, Priorities and Programme of Work 47 - 50

CHAPTER 6 Functions and Responsibilities of Senior Officers 51 - 64

CHAPTER 7 Functioning of Investigating Branches/Units 65 - 72

CHAPTER 8 Complaints and Source Information 73 - 78

CHAPTER 9 Preliminary Enquiries 79 - 84

CHAPTER 10 Regular Cases 85 - 93

CHAPTER 11 Case Diaries and Progress Reports 94 - 98

CHAPTER 12 Arrests, Custody, Bail and Remand 99 - 107

CHAPTER 13 Searches and Seizures 108 -118

CHAPTER 14 General Instructions regarding Investigation & Enquiries 119 - 132

CHAPTER 15 Obtaining Documents from Audit Offices and Examination

of Disputed Documents by G.E.Q.D 133 - 139

CHAPTER 16 Technical Assistance in Investigation 140 - 166

CHAPTER 17 Directive on Investigation of Cases by S.P.E. and

Facilities/Cooperation to be extended by Administrative

Authorities 167 - 179

CHAPTER 18 Cyber Crimes 180 - 185

CHAPTER 19

Final Reports, SP’s Reports and Comments of Superior

Officers 186 - 193

CHAPTER 20 Departmental Action 194 - 205

CHAPTER 21 Directorate of Prosecution (Legal Division) 206 - 213

CHAPTER 22 Prosecution 214 - 221

CHAPTER 23

Analysis of Court Judgements and filing of Appeals,

Revisions etc. 222 - 226

CHAPTER 24 Policy Division 227 - 236

CHAPTER 25 Interpol and Coordination Wing 237 - 242

CHAPTER 26 Command Centre 243 - 246

CHAPTER 27 Central Forensic Science Laboratory (CBI) 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 Manual2005.

(U.S. MISRA)

New Delhi

Director

15 JULY 2005 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 that encourages team building, free

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.

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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)

(iii)

TECHNICAL DIVISION.

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)

(b)

(c)

(d)

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.

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.

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.

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

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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 Inspector-

General 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)

(ii)

(iii)

ANTI CORRUPTION DIVISION

SPECIAL CRIMES DIVISION

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 CBI AND THE MINISTRIES/DEPARTMENTS OF

GOVERNMENT OF INDIA

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)

(ii)

(iii)

collection of information in connection with registration of new cases;

obtaining records and documents in connection with enquiries and investigation;

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 all-

India 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 all-

India 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

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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

R E S O L U T I O N

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)

(ii)

INVESTIGATION AND ANTI-CORRUPTION DIVISION

(DELHI SPECIAL POLICE ESTABLISHMENT).

TECHNICAL DIVISION.

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(iii)

(iv)

(v)

(vi)

CRIME RECORDS AND STATISTICS DIVISION.

RESEARCH DIVISION.

LEGAL DIVISION & GENERAL DIVISION.

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, Inspector-

General, 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

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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.

III.

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.

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)

(ii)

(iii)

(iv)

(v)

(vi)

Trends and causes of serious crimes in different areas;

Preventive measures, their effectiveness and relationship with crime.

Improvement in methods of investigation, utility and results of introducing scientific

aids and equipment.

Inadequacy of laws, coordination of laws relating to crime in various States.

Criminal gangs operating in more than one State–wandering gangs– ex-criminal

tribes–habitual offenders.

Crimes amongst the tribal people.

(vii) Interstate note forgery and counterfeiting.

(viii) Social factors in crime.

(ix)

(x)

(xi)

Industrialization and crime;

Juvenile delinquency.

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)

General Section

(i)

(ii)

(iii)

(iv)

(v)

(vi)

Matters relating to organization, policy and procedure.

Interstate conference relating to crime and anti- corruption work.

Appreciation reports regarding modes of corruption in various Government

Departments and Public Sector Undertakings.

Correspondence with Ministries and States on general questions relating to policy,

procedure etc.

Training courses in anti- corruption work.

CBI Gazette.

(vii) Photographic section.

VI.

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 1920,

(Act No. 34 of 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 Economic

Zone and other Maritime Zones Act, 1976 (Act No.80 of 1976).

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 1985) and

Rules made thereunder.

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).

(d) Energy Agents ordinance of Sambat 2005 issued by Government of

Kashmir.

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).

Kashmir Act

Jammu and

11. Section 124 of the Punjab State Election Commission Act, 1994 (Punjab Act No. 19 of

1994).

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)

(b)

(c)

(d)

(e)

Central Vigilance Commissioner” means the Central Vigilance Commission

appointed under sub-section (1) of Section 4;

“Commission” means the Central Vigilance Commission constituted under subsection

(1) of Section 3;

“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;

“Government company” means a Government company within the meaning of the

Companies Act, 1956;

“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,—

(v)

(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;

Affairs

(iv) 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)

(g)

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;

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:—

(b)

“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.”;

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) 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.

(2) 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)

(b)

the employees of the Central Government of the level of Joint

Secretary and above; and

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

Name of the

Region/Branch

Location

of Branch/

Unit

Location of

Region/

DIsGP

Joint

Director


Jurisdiction

1 2 3 4 5 6

1 Anti-Corruption New Delhi DIG/ACR-I JD/ACZ/

Region-I, Delhi

New Delhi Delhi

SP-I/ACB-I, Delhi

SP-II/ACB-I, Delhi

2 Anti-Corruption

Region-II, Delhi

SP-I/ACB-II, Delhi.

SP-II/ACB-II, Delhi

3 Anti-Corruption

Region, Jaipur

SP/ACB, Jaipur

New Delhi

Jaipur

DIG/ACR-II

New Delhi

DIG/ACR

(Jaipur)

-do-

-do-

Entire area of National

Capital Territory of Delhi.

-do-

Jaipur, Sikkar, Jhunjhunu,

Bharatpur, Dholpur,

Alwar, Dosa, Kota, Baran,

Sawai Madhopur, Karoli,

Bundi, Tonk, Ajmer and

Jhalawar.

4 SP/ACB, Jodhpur Jodhpur -do- -do- 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

1 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

SP/ACB,

Chandigarh (with

Unit at Shimla)

2 SP/ACB, Jammu

(with Unit at

Srinagar)

3 Anti-Corruption

Region, Bhopal

SP/ACB, Bhopal

4 SP/ACB, Jabalpur

(with Unit at Bhilai)

5 Anti-Corruption

Region, Lucknow

SP/ACB, Lucknow

6 SP/ACB, Dehradun

(with Unit at

Ghaziabad)

Chandigarh

DIG/ACR

Chandigarh

JD/ACZ/

North

(Delhi)

State of Punjab, Haryana,

Himachal Pradesh &

Union Territory of

Chandigarh. Shimla Unit

will have jurisdiction in the

State of Himachal

Pradesh.

Jammu -do- -do- State of Jammu &

Kashmir.

Bhopal

DIG/ACR

Bhopal

-do-

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.

Jabalpur -do- -do- State of Chhattisgarh,

State of MP excluding the

areas mentioned against

Bhopal Branch.

Lucknow

DIG/ACR

Lucknow

-do-

State of UP except the

area mentioned against

Dehradun Branch.

Dehradun -do- -do- 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 2 3 4 5 6

1 Anti-Corruption Mumbai DIG/ACR JD/ACZ/ State of Maharashtra

Region, Mumbai

Mumbai West (excluding the areas

(Mumbai) mentioned against

SP-I/ACB, Mumbai

SP-II/ACB, Mumbai

SP-III/ACB, Mumbai

Nagpur Branch.) Union

Territories of Daman, Diu,

Dadra & Nagar Haveli.

2 SP/ACB, Goa Goa -do- - do- State of Goa.

3 SP/ACB,

Gandhi- -do- -do- State of Gujarat.

Gandhinagar nagar


4 SP/ACB, Nagpur Nagpur -do- -do- Bhandara, Chandrapur,

Garhchiroli, Wardha,

Amravati, Akola,

Buldhana, Yauvatmal,

Aurangabad, Jalna,

Parbhani, Bir, Nanded.

Osmanabad, Latur &

Nagpur Districts of

Maharashtra.

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 Patna DIG/ACR JD/ACZ State of Bihar.

Region, Patna

Patna Central

(Delhi)

SP/ACB, Patna

2 SP/AHD, Patna Patna -do- -do- -do-

Ranchi

-do- State of Jharkhand.

3 Anti-Corruption

Region, Ranchi

DIG/ACR

Ranchi

SP/ACB, Ranchi

4 SP/AHD, Ranchi Ranchi -do- -do- State of Jharkhand.

5 SP/ACB,

Dhanbad -do- -do- State of Jharkhand.

Dhanbad

SOUTH ZONE

1 2 3 4 5 6

1 Anti-Corruption Chennai DIG/ACR,

Region, Chennai

Chennai

SP-I/ACB, Chennai

SP-

II/ACB,Chennai

JD/ACZ

South

(Chennai)

State of Tamil Nadu &

Union Territory of

Pondicherry.


1 2 3 4 5 6

2 SP/ACB, Cochin Cochin DIG/ACR, JD/ACZ State of Kerala & Union

(with Unit at

Chennai South Territory

of

Thriuvanantha-

(Chennai) Lakshadweep.

puram)

3 Anti-Corruption Hyderabad DIG, ACR, -do- State of Andhra Pradesh,

Region, Hyderabad

Hyderabad

excluding the areas

mentioned against

SP/ACB,

Visakhapatnam Branch.

Hyderabad

4 SP/ACB,

Visakha- -do- -do- Visakhapatnam,

Visakhapatnam patnam

Srikakulam, East


Godavari, West

Godavari, Vizianagaram,

Krishna, Guntur,

Prakassam and Nellore

Districts of AP.

5 SP/ACB,

Bangalore

Bangalore -do- -do- 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)

2 SP/ACB,

Bhubaneswar

(with Unit at

Rourkela)

3 Anti-Corruption

Region, Guwahati

SP/ACB, Guwahati

(with Units at

Shillong, Itanagar)

4 SP/ACB, Silchar

(with Units at

Agartala, Aizawl,

Kolkata

Bhubaneswar

Guwahati

DIG/ACR

Kolkata

JD/ACZ/

East

(Kolkata)

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.

-do- -do- State of Orissa.

DIG/ACR

Guwahati

JD/ACZ/

East

(Kolkata)

State of Assam

(excluding Cachar and

North Cachar Districts of

Assam), Meghalaya and

Arunachal Pradesh.

Silchar -do- -do- 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. Name of the Location Location of Joint Jurisdiction

No. Region/Branch of Branch/

Unit

Region/

DIsGP

Director

1 2 3 4 5 6

1 SP/ACU-I New Delhi DIG/AC-I,

New Delhi

JD/AC/

Hqrs.

Throughout India.


(Delhi.)

2 SP/ACU-II -do- -do- -do- -do-

3 SP/ACU-III -do- -do- -do- -do-

4 SP/ACU-IV -do- DIG/AC-II, -do- -do-

New Delhi

5 SP/ACU-V -do- -do- -do- -do-

6 SP/ACU-VI -do- -do- -do- -do-

7 SP/ACU-VII -do- DIG/AC-III, -do- -do-

New Delhi

8 SP/ACU-VIII -do- -do- -do- -do-

9 SP/ACU-IX -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:

Sl.

No.

Name of the

Region/Branch

Location

of Branch/

Unit

SC-I DELHI

Location of

Region/

DIsGP

Joint

Director


Jurisdiction

1 2 3 4 5 6

1 Special Crimes New Delhi DIG/SCR-I, JD/SC.I/ Throughout India.

Region-I, Delhi

Delhi* Delhi

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 4 5 6

2 Special Crimes New Delhi DIG, SCR-II, JD/SC.I/ Throughout India.

Region-II, Delhi

Delhi Delhi

SP/SCU-IV

SP/SCU-V

SP/SCU-VI

3 SP/SCB,

Chandigarh

Chandigarh DIG/SCR,

Delhi

-do-

State of Punjab, Haryana,

Himachal Pradesh, J&K

and Union Territory of

Page 34 of 34


Chandigarh.

4 Special Crimes

Region-III Delhi

SP/SCU-VII,

SP/SCU-VIII,

SP/SCU-IX

5 Special Crimes

Region, Kolkata

SP/SCB, Kolkata

6 SP/SCB,

Lucknow

7 Special Crimes

Region, Chennai

SP/SCB, Chennai

(with Unit at

Cochin)

SC-II ZONE, DELHI

New Delhi

DIG/

SCR-III,

Delhi

JD/SC-II

Delhi

Throughout India.

Kolkata DIG/ -do- State of West Bengal,

SCR

Orissa, Assam, Meghalaya,

Kolkata

Arunachal Pradesh,

Manipur, Tripura, Sikkim,

Mizoram and Union

Territory of Andaman &

Nicobar Islands.

Lucknow -do- -do- 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.

8 SP/SCB, Mumbai Mumbai -do- -do- State of Maharashtra,

Gujarat, Goa, Rajasthan,

Union Territory of Daman,

Diu, Dadra & Nagar

Haveli.

9 Special Crimes Delhi

DIG/ -do- States of Punjab, Haryana,

Region, Delhi

SCR

Himachal Pradesh, Jammu

Delhi

& Kashmir, National Capital

SP/SCB-I, Delhi

Territory of Delhi and UT of

Chandigarh.

10 SP/SCB-II, Delhi Delhi -do- -do- States of Bihar, Jharkhand,

Madhya Pradesh,

Chhattisgarh, Uttar

Pradesh and Uttranchal.

Page 35 of 35


SPECIAL TASK FORCE

1 2 3 4 5 6

1 SP/STF, Delhi Delhi DIG, STF, JD/STF Throughout India.

Delhi

2 SP/STF, Mumbai Mumbai DIG, STF -do- -do-

Mumbai

MDMA ZONE

1 SP/MDMA, Delhi Delhi DIG/MDMA

Delhi

2 SP/MDMA,

Chennai

JD/

MDMA

(Delhi)

Chennai -do- -do- -do-

Throughout

India.

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

Name of the

Branch

SP/EOU-I

SP/EOU-II

SP/EOU-III

Location of

Branch / Unit

Location

of Region/

DIsGP

Joint

Director


Jurisdiction

1 2 3 4 5 6

1 EO-I Region, Delhi New Delhi DIG, EO-I,

Throughout India.

Delhi

JD/

EOW-I,

Delhi

EOW-II ZONE

2 EO-II Region, Delhi New Delhi DIG/EO-II JD/ Throughout India.

SP/EOU-IV

SP/EOU-V

Delhi EOW-II,

Delhi

1 2 3 4 5 6

New Delhi

Throughout India.

3 EO-III Region, Delhi

SP/EOU-VII,

SP/EOU-VIII,

SP/EOU-IX*

DIG/EO-III

Delhi

JD/

EOW-II,

Delhi

* 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 Nagar Haveli, Gujarat,

Rajasthan.

5 SP/EOW, Chennai Chennai -do- -do- States of Tamil Nadu,

Kerala, Andhra Pradesh,

Karnataka and Union

6

Territories of Pondicherry

and Lakshadweep.

EOW Region, Delhi New Delhi DIG, EOW, -do- States of Punjab,

Delhi

Haryana, Himachal

SP/EOW-I, Delhi

Pradesh, Jammu &

Kashmir, NCT of Delhi

and U.T. of Chandigarh.

7 SP/EOW-II, Delhi -do- -do- -do- States of Bihar,

Jharkhand, Uttar Pradesh,

Uttranchal, Madhya

Pradesh

and

Chhattisgarh.

8 SP/EOW, Kolkata Kolkata -do- -do- 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.

9 BS&FC Region,

Delhi

BS&FC-I, Delhi

SP/BS&FC-I,

Delhi

10 SP/BS&FC-II,

Delhi

New Delhi

EOW-IV ZONE

DIG,

BS&FC,

Delhi

JD, EOW-

IV, Delhi

-do- -do- -do- -do-

Throughout India.

1 2 3 4 5 6

11 SP/BS&FC-III, New Delhi DIG, JD, EOW- Throughout India.

Delhi

BS&FC, IV, Delhi

12 SP/BS&FC,

Kolkata

13 BS&FC Region,

Mumbai

SP/BS&FC-I,

Mumbai

14 SP/BS&FC-II,

Mumbai

15 SP/BS&FC,

Bangalore

Delhi

Kolkata -do- -do- -do-

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

SP/EOU-VI,

Delhi

Delhi

DIG/EO-V,

Delhi

JD/

EOW-V

This Zone has been created temporarily to deal with cases of fake stamp papers.

Throughout India.

ADMINSTRATION DIVISION

Page 37 of 37


This Division is headed by Joint Director. It comprises of following offices/Units:–

Sl. Name of the Location of Location of Joint Jurisdiction

No Branch Branch/Unit Region/ Director

DIsGP

1 2 3 4 5 6

1 SP/Training

Centre-I

2 SP/Training

Centre-II

Ghaziabad DIG/Trg JD

(Admn.)

Delhi

Ghaziabad DIG/Trg JD

-

(Admn.)

Delhi

-do- -do- -do- -

3 SP/R&D (newly

created by

adjusting one

post of SP/

CBI

4 SP/HQ New Delhi DD (Admn.) -do- -

5 AO (A) -do- -do- -do- -

1 2 3 4 5 6

6 SP/Pers. New Delhi DIG(Pers.) JD

-

(newly created

(Admn.)

post)

Delhi

7 AO (E) -do- -do- -do- -

-

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

Name of the

Branch

Location

of Branch/

Unit

Location of

Region/

DIsGP

Joint

Director


Jurisdiction

1 2 3 4 5 6

1 Special Unit-I New Delhi DIG/SU-I JD/ Throughout India.

SP/SU-1, Delhi

Policy

2 Special Unit-II New Delhi -do -do- -do-

SP/SU-2, Delhi

3 Special Unit Mumbai -do- -do- -do-

Mumbai

SP/SU/Mumbai

4 Special Unit-III Delhi DIG/SU-II -do- -do-

SP/SU-3, Delhi

5 Special Unit Kolkata -do- -do- -do-

Kolkata

SP/SU/Kolkata

6 Special Unit Chennai DIG/SU-I JD/ Throughout India.

Chennai

Policy

SP/SU/Chennai

7 AIG(Policy)-I New Delhi - -do- -

AIGP-I

8 AIG(Policy)-II -do- - -do- -

AIGP-II

9 Deputy Principal

Information

Officer

-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 2 3 4 5 6

1 AD (Interpol)-I New Delhi DD (Co- JD Throughout India.

ordination) (Policy)

2 AD (Interpol)-II -do- -do- -do- -do

3 AD (Coord.) & -do- -do- -do- -

Command Centre

______

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 Anti-

Corruption 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)

(b)

Cases dealing with organized crime of conventional nature having interstate and

international ramifications.

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)

(j)

Cases of forgery and cheating

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. 24166/64-

AVD, 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 28-10-

1969.

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)

(b)

Prime Minister of India

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


6.2.7 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.

6.3 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)

(b)

(c)

(d)

(e)

Prime Minister of India.

Cabinet Ministers of Government of India/Chief Ministers of State

Governments or their equivalent.

The State Governments.

Persons in public life, e.g., present and former Ministers of

Central/State Government, MPs, MLAs and others holding high public

office.

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)

(b)

(c)

Monthly Reports and Press Communiqués.

Quarterly, six-monthly or annual returns to Cabinet Secretariat/

PMO/DoPT/MHA etc. and CVC.

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 Inspectors-

General 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):--

(b)

(a) Periodical reviews and bulletins relating to crimes, particularly,

counterfeit currency, firearms and narcotics.

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)

ADMINISTRATION DIVISION

Monthly statement of inquiries sent to and received from Interpol.

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)

(d)

(e)

(f)

Confirmation, permanent absorption, promotion and retirement of officers of

gazetted and above rank .

Postings and transfers of officers of and above the gazetted rank.

Selection of personnel of and above the Gazetted rank.

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)

(ii)

(iii)

(iv)

Grant of advances for purchase of conveyance.

Advances for medical attendance and treatment.

Permission to undertake work and to accept remuneration/ honorarium.

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)

(b)

(c)

CVC

MHA

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

Powers

Director 1. 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

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 :–

Spl. Director/Addl. Director

(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

(A) Rs. 16,4000-20,900

(B) 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:–

Designation

Joint Director & Spl.

Inspector-General of Police

(A) CVC

(B) MHA

(C) 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) Rs. 15,100 - 18,300

(B) Rs.14,300-18,300

(C) Rs. 12,750- 16,500

(D) Rs. 12,000- 16,500

(E) Rs. 10,650-15,850

(F) 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)

Ministries other than MHA and DoPT;

Member of Parliaments.

Member of Legislative Assemblies;

Other accredited dignitaries.

Dy. Inspector-General of

Police

1. Group ‘A’ Government Servants in the pay scale of

:

(A) Rs. 10,650-15,850

(B) Rs. 10000-15,200

(C) 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

Director

Designation

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

Designation

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.


Powers

3. Registration of cases on the references received

from the following:–

(A)

(B)

(C)

(D)

Ministries other than MHA and DoPT;

Members of Parliament.

Member of Legislative Assemblies;

Other accredited dignitaries.

Dy. 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, 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

Powers

Director 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

1. Offences of following categories involving Rs.10 crores or more

and upto Rs. 20 crores:-


Designation

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

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(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.)

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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.

______

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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 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.

7.4.2 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.

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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)

(ii)

(iii)

(iv)

(v)

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.

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.

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.

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.

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.

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(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.

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(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.

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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.

______

Page 72 of 72


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)

(ii)

(iii)

Complaints which are anonymous and pseudonymous.

Complaints containing vague and unverifiable allegations.

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)

(ii)

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.

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

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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:

B:

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

Joint Director of the respective Zone.

DIG of the concerned Zone/Region.

Director, Administrative Vigilance Division, Department of Personnel in the following types of cases

only:–

(a)

(b)

(c)

(d)

Officers of whom the Department of Personnel is the controlling authority;

Gazetted or Commissioned Officers of the Central Government removable by the

President;

Members of Parliament

Other important persons.

CVC in the following types of cases:–

(a)

(b)

(c)

Cases referred by the CVC to CBI;

Cases against Gazetted Officers, Commissioned Officers, even when on deputation to

Public Undertaking;

Other Officers in respect of whom CVC advice is required.

Ministries and Departments concerned as under:–

(a)

(b)

Head of the Department concerned -- Cases involving Non-Gazetted Officers.

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

Chief Vigilance Officer concerned as under:

(a)

(b)

Cases involving Bank employees,

Cases involving other PSUs.

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)

(ii)

(iii)

(iv)

HQ of Command concerned,

HQ of Formation concerned,

Adjutant General’s Branch, Army HQ, New Delhi.

CVO of the Ministry of Defence.

Cases involving Non-Commissioned/ Non-Gazetted Officers (Civilian).

(i)

(ii)

HQ of Command concerned.

HQ of Formation concerned.

A copy of the PE Registration Report in all cases involving M.E.S. Officers (both Gazetted and Non-

Gazetted) 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:–

Page 83 of 83


(i) Cases involving Gazetted Officers:

Chief Vigilance Officer,

Border Roads Development Board,

B. Wing, 4 th 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.

______

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.

Closure of an FIR

(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

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.

______

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)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

(x)

(xi)

(xii)

(xiii)

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.

Cases relating to minor thefts or loss of stores or temporary misappropriation.

Cases relating to promotions or similar departmental matters where no element of corruption is

involved.

Cases relating to misuse of Railway Passes or obtaining passes on false pretexts.

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.

Cases relating to false T.A. including LTC unless false claims of this nature have been preferred

repeatedly.

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.

Cases relating to departmental irregularities where the department itself is conducting an enquiry

or taking necessary action against the delinquent.

Cases relating to misuse of Staff cars or Government vehicles or orderlies unless such misuse is

extensive or repeated.

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.

Cases relating to recommendations in favour of a firm when no mala fides are involved.

Cases relating to failure to report property or monetary transactions or similar violations of conduct

rules.

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.

Page 90 of 90


(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.

______

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)

(ii)

(iii)

Regional DIG

Zonal JD

Director (Vigilance), Department of Personnel and Training, North Block, New Delhi, only if the

accused are:

(a)

(b)

(c)

Officers of whom the Department of Personnel is the controlling authority.

Gazetted or Commissioned Officers of the Central Government removable by the

President;

Members of Parliament

(iv)

(v)

CVC in the following types of cases:–

(a)

(b)

(c)

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) Cases involving Non-Gazetted Officers, Head of the Ministry/ Department concerned, as the

case may be.

(b)

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)

(b)

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.

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 Non-

Gazetted) 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,

Page 92 of 92


Border Roads Development Board,

‘B’ Wing, 4 th 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.

Page 93 of 93


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)

(ii)

(iii)

Opinion of Investigating Officer, opinion of the Supervisory Officers and Law

Officers

Any conflict of opinion between I.O., Law Officers, SP, DIG and Head Office.

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)

(ii)

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.

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)

(c)

(d)

‘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.

‘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.

‘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

1. PE/RC No.

FORMAT FOR THE PROGRESS REPORT

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)

(b)

(c)

(d)

(e)

Number of accused/suspect:

Name(s) of main accused/ suspect:

Whether arrested, or not:

If arrested whether on bail or in CBI/Judicial custody;

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)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

(x)

(xi)

(xii)

(xiii)

The allegation(s) in brief (gist maybe given point wise);

A brief chronological statement of important development in the investigation till date (which

would include details of important searches/result of scrutiny of documents);

Development in the investigation vis-à-vis each allegation during the period under review;

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);

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);

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;

Instruction given to the Investigating Officer for further investigation;

Action taken on instructions issued on the previous PR by DIG or Head Office;

Important points on which investigation remains to be completed;

Difficulties encountered during investigation, if any, and steps taken to overcome these;

Reasons for delay in submitting the PR and steps taken to avoid further delay;

Further time to be taken for completing the investigation and

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)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

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.

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.

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.

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.

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.

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.

Copies of all the documents, including the memo of arrest, referred to above,

should be sent to the Illaqa Magistrate for his record.

The arrestee may be permitted to meet his lawyer during interrogation, though

not throughout the interrogation.

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)

(b)

(c)

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.

The proceedings shall be conducted in the presence of a Magistrate.

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)

(e)

(f)

(g)

(h)

Identification shall be carried out as soon as possible after the arrest of the

suspects.

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.

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.

Formal identification proceedings should not ordinarily be arranged without

approval of the Superintendent of Police.

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)

(b)

Proclaimed offenders/absconders involved in cases registered in the Branch.

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)

(ii)

(iii)

Arrest of the accused;

Death of the proclaimed offender or expiry of 30 years from the date of

proclamation;

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.

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(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

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.

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.

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.

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.

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.

The addresses and places to be searched should be verified before taking a

decision and confirmed before searches are actually launched.

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.

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)

(k)

(l)

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.

Searches should not, unless unavoidable, be carried out on the occasion of

festivals/celebrations or mourning etc. going on in the house concerned.

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)

(o)

(p)

(q)

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.

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.

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.

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)

(ii)

(iii)

to see the warrant of authorization duly signed and sealed by the issuing

authority;

to verify the identity of each member of the search party;

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)

(ii)

(iii)

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.

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 Income-

Tax 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.

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.

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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/Sub-

Module of CRIMES for ready reference and further necessary action for disposal of the

properties so seized by CBI.

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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 Sub-

Inspector 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 Sub-

Inspectors 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)

(ii)

(iii)

Proceeding to the spot;

Ascertainment of the facts and circumstances of the case;

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)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

Information on the corpus delicti (body of the crime.)

Information on the modus operandi used by criminals.

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.

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.

Information to disprove or support a witness's testimony.

Information on identification of a suspect.

Providing lead to the investigation.

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


orne 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

Page 123 of 123


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

Page 124 of 124


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)

(iii)

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.

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 1985-

SC-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)

(ii)

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.

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)

(ii)

(iii)

A note/questionnaire/points for investigation should be sent in triplicate.

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.

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)

(b)

(c)

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.

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.

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)

(ii)

(iii)

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.

Particulars of the witnesses to be examined, their identity and nationality.

Description of the documents/articles to be collected.

(iv) Separate questionnaire for examination of each witness.

(v)

(vi)

Relevance of examination of witnesses and collection of documents to the

investigation of the case.

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)

(xiv)

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.

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

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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)

(b)

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.

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.

Railway Board Building

Shimla-3 (HP)

G.E.Q.D.

30, Gorachand Road,

Kolkata (W.B.)

G.E.Q.D

5-9-210,

Chirag Ali Lane,

Hyderabad (A.P.)

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

States of:

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

States of :

1. Andhra Pradesh

2. Tamil Nadu

3. Karnataka

4. Kerala

5. U.T of Pondicherry

6. 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.

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(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)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

to determine the authorship or otherwise of the questioned writings by a

comparison with known standards;

to detect forgeries in questioned documents;

to determine the identity or otherwise of questioned typescripts by comparison

with standards;

to determine the identity or otherwise of seal impressions;

to decipher erased (mechanically or chemically) or altered writings;.

to determine whether there have been interpolations, additions, or overwritings

and where there has been substitution of papers;

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;

to detect any tampering in wax seal impressions;

to decipher secret writings;

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

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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 opinion, should contain a specific

request that grounds of opinion may also be sent along with the opinion. If an opinion is

received without grounds, a communication may be immediately sent to the

G.E.Q.D./C.F.S.L. for obtaining the same to avoid delay in supplying copies thereof or in

examining the Handwriting Expert during trial.

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.

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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.

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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. Biology 2. Ballistics

3. Chemistry 4. Documents

5. Fingerprints 6. Physics

7. Serology 8. 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.

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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)

(b)

(c)

(d)

(e)

Medical Superintendent, All India Institute of Medical Sciences, New Delhi

Medical Superintendent, Safdarjang Hospital, New Delhi.

JIPMER, Pondicherry.

Institute of Forensic Medicine, Gandhi Medical College, Bhopal.

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

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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 Duty.

(c)

(d)

(e)

(f)

(g)

Cases requiring scrutiny of accounts of Railways and P&T.

Irregularities in the procedure for inviting tenders and their evaluation.

Evaluation of immovable properties.

Execution/acceptance of sub-standard work, etc.

Matters relating to banking transactions, frauds, etc.

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

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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)

(b)