Prologue:

Crime, inevitable in every society and India is no exception to it.

National Crime Record Bureau (NCRB) for the year 2022, however, shows a dip in the crime rate per lakh population from 445.9 to 422.2.

As per NCRB data 2023, National Conviction rate for Offences under IPC stands 54% while as Charge sheeting rate has been over 72%.

Crime:

Crime is an intentional act harmful both to an individual and to the Society itself. It is an act or omission, constituting an offence punishable under law.

Investigation:

Chapter XII Sec 154 – 176 Code of Criminal Procedure provides the framework for the investigation.

Chapter XIII Information to The Police And Their Powers To Investigate stand given from Section 173 to Section 196 BNSS.

Investigation by itself is the collection of Evidence.

Crime Scene:

Naqsh-i-Moqa, is a crucial step in investigation. Upon lodgement of FIR under Section 154/156 CrPC, investigation starts. IO is required under Sec 172 to maintain a daily diary, which records or notes down every minute details of a crime investigation.

IO conducts a primary survey to understand the crime scene .He is supposed to secure the crime scene site, photograph it, and hold its videography before any drawings are made.

The crime spot (Naqsh-i-Moqa) reading holds a significant position in the process of a trial.

The drawing of site plan draws its legitimacy from Police Rules. Sec 103, 157, 161-162 Code of Criminal Procedure concern the method & admissibility of information as collected by the Police during Police investigation. The site plan unravels a criminal case, and acts as a transponder to know, to talk both about visible as well as invisible things pertaining to the crime.

The drawing up of Naqsh-i-Moqa (Memo of Occurrence Site) demands a careful inspection, documenting the crime scene conditions, recognising the relevant physical evidence both present as well as absent. It asks for team work led by an expert team leader, the Investigating Officer.

 The drawing up of a crime scene processes the scene, records, notes down, pictures, sketches the scene, the objects found explain the situation, the circumstances or otherwise point out the missing one.

Be said, crime scenes are both science as well as art. It makes even the motive of a crime detectable, says about the gravity of criminality,the ways & means to accomplish the crime.

Upon undertaking the investigation in hand, the first outdoor exercise by an Investigator is to visit the scene of crime. This crime scene spot is not less than a monitor with clues enabling the investigator to move ahead. This Memo drawn documents as what has been found at the site moreso, on or after the commission of crime (a scene of reconstruction) and recognize the physical location, the chosen one, gives the physical evidence,allowing even transient details and likewise the things as missing or otherwise expected to be present as per nature of crime.

Golden Rule of Investigation:

 Wearing protective equipment, taking proper scientific measures to prevent any health hazard, to not let eface, the Investigating officer is needful to have initial walk through the crime scene spot,prepare a narrative description, search for the patterns,assign the job to team mates, to be in coordination with other connected investigating agencies and while doing this control the access to the site, preserve it .

The Investigating Officer while on professional job is not to touch, change,move or transfer any object at the crime spot unless it is not correctly, legally recorded, measured, sketched, photographed or videographed.

As such,in investigations the basic purpose is to collect evidence to unfold clues or links in the chain of evidence,to strengthen weak links, to unravel the facts.

The crime can be either indoors or outdoors or sometimes both.

Here are Four methods known in vogue for systematic inspection of the scene of crime:

1. Spiral Method

2. Wheel Method

 3. Strip Method

 4. Zone Method.

Spiral Method persons participating in the investigation stand in the centre of the scene and walk in a spiral manner one after another towards the outside. It enables a close and careful inspection of the whole scene. Likewise as the terms speak, the inspection is carried out likewise with the aim and objective not to miss any part at the site of crime.

Sketch Map:

It is a crucial step in the process of investigating a crime. It documents a scene of crime. It provides a visual representation of the crime spot and acts as a lead in correlating the evidence with the witness testimonies as recorded during the process of investigation.

Virtually, it is the first step of investigation on the spot, i.e. at the place or scene of the crime.

It encompasses both the aspects as whatever is found, noticed or observed and also about things as ought to have been and are absent like victims clothing, wallet, I - card etc .

Team work: On investigation, while inspection of the spot of crime, the following need to be accompanying the Team leader ie The Investigating Officer

 1 Photographer

 2. Log Recorder

 3. Sketch Preparer

 4. Specialists/ Experts

Basics:

On visit to the scene of crime, an Investigating officer needs to the following :

1.    Quick reach out to the spot of Crime

2.    To Secure & to Protect it

3.    To determine the extent of area to which scene appears involved

4.    Evaluate physical evidence

5.    Prepare narrative description

6.    Photography

7.    Videography

8.    Sketch drawings

9.    Obtain information at the site

10.Keep the spot out of bounds for all

11.Release scene crime note

Locord’s Exchange Principle states that contact between two items leaves a trace. This Trace evidence is important as it acts as a mute witness. This evidence is most important and asks for the crime site to be preserved so that this vital evidence may not get contaminated, washed away. Finger prints, hairs, buttons, clips, fibres, paper, paint chips, soil, residue, glass etc are examples of trace evidence.

Investigating Officer at the crime scene spot is to recognise, study and draw the physical evidence.

Sketch of Locality gives picture of the crime scene site, of its environs

Sketch of details describes the immediate scene, where the crime is committed. Cross projections can be drawn by an investigating officer as it gives a clear picture with details. While drawing the sketch, the investigating officer should use a compass or other like gadgets, to lay out the direction and then facing North draw an arrow to signify his own location while drawing the on spot sketch of the crime scene.

Next is study of Evidence dynamics, which comes by the time the evidence collected is transferred and ultimately adjudicated.

Sometimes offenders' performances at the site, at the post offense interval are with the intent of confusing, hampering, defeating, concealing or diverting the crime reach out detection process.

This staging of the crime scene is a precautionary act done by an offender to deflect suspicion away from the offender.

Caution is needed to understand the activities prior to a crime as the same may not result in artifacts that are mistaken for evidence.

The victims act be included cleaning up a location or their person after the attack.

Be held, an Investigating Officer is required to develop the maximum amount of information from the crime spot. It is through the process of processing the physical and testimonial evidence. The testimonial evidence is the interpretation of the facts in the crime scene.

The route of entry & exit need to be carefully examined to trace the foot or vehicle prints, things left over or visible marks.

Site plan, unravel the whole prosecution investigation. It is one of the most important works in an investigation.Sketching along with photography combined used to record the scene of crime and make the statements recorded explanatory.

While drawing the sketch Map, it is important to note that an investigator should never forget to draw a direction by compass. On getting the exact direction by compass, investigating officer needs to face North & arrow to draw on right side of the paper with an arrow mark at its headpoint, with letter mark “N” control the measurements, The drawings of floor, building adjoining houses, road, field etc be drawn and photograph clearly to explain the position at the site of occurrence. Marking of found objects be noted. Distance from the important points of investigation is too marked not to miss the position of camera at the site to note on the sketch.

In case of needful accuracy in map drawings, the Patwari circle need to be summoned to attend for his expert works. It is only police investigator who is to write any explanation on the map. The writings of any by patwari and by police investigator need to by distinct inks black by patwari & red by police officer.

Different types of sketches:

Sketch of locality gives the picture of crime spot environs.

Sketch of ground gives scene of near, adjacent surroundings as houses, plantation, floors etc

Sketches of details say if room, the place of occurrence.so likewise of its floor, walls, ceiling, doors, windows.

The width of roads,middle of the road,side edges,places of impact, skid marks, position of vehicles, mud on wheels or on vehicle, need to be mentioned.

The rough sketches drawn on spot can be used for the finished drawings for court room preparations.

(The person investigating the crime, drawing the sketches should have an elementary knowledge of geometry.)

The classification of the scene of occurrence can be broadly held as – 1. Indoor and the 2. Out door

If the place of occurrence is a room or an enclosure, the inspection may start from the door of the room. It calls for a systematic way or the spiral method in clockwise or anti clockwise direction. Observations are to be needful while facing towards the room, from left side till the whole scene is observed, studied in a circle of its features. The size, shape, height, windows etc need to be observed and recorded in the first sight. The investigation of crime spot requires the observance, study of the middle of the room at the end. What has been touched, removed, replaced, damaged, defaced, broken, tilted need to be recorded. If any blood stains, oil spilled or any medicine spilled or used or consumed are other noteworthy features. whether anything say button, comb, pen,hair, clothes, dust, tools, shoes, garments etc stand left behind by a culprit, its position, its nature to be noted. The outdoor scene is also paramount to be noted, observed, studied and reflected.

The display of the investigative observation needs to be recorded, drawn in the Site plan by the IO in such a manner as Prosecutor and court can see it clearly, as a true picture be reflecting from the drawings, photographs.

The sketch Map should bear case file number, FIR Number day and date, offence, Name of the location, Time of its preparation, Scale of drawing

The map sketching so varies as per the crime as in an accident case, it will be needful for an investigator to draw the scene of crime, of injured or of the deceased, position of the vehicle involved, its broken parts,if any, number plate, engine number details, blood stains, if any scratch marks, if any, skid marks, kind of mud, Gap skid marks,, bounce skid, tyre impression, fabric,if any, glass broken,if any.

In cases of assault, murder, the sketch Map becomes a more powerful subject. The investigator needs to close the entry and exit points at the scene of crime, render it out of bounds for one and all. Mark its boundary. Take an external examination of the body without tilting it, in the first course. Note the wounds. Look for lividity.decomposition, direction, blood oozed if any, froth, position of body parts, of clothing,

The significant changes under BNSS while coming to Site Plan do exist and speak in terms of Sec 176 (3) a Mandatory Forsenic Expert Visit

Scene documentation - Forsenic Team to collect physical evidence,involve in scientific collection,sketching & mapping the scene of crime rather than earlier drawing rough sketches by Investigating Officers. This has been with the aim to ensure the site plan be scientifically accurate.

Audio - Video Recording Sec 176(3), Visit of Forsenic team to be needful of being videographed on any electronic device. The site plan is needful of digital mapping.

The sketch map aids in appreciation of evidence. It loses its evidentiary value without witnesses tsetimony. In case of inconsistency between site plan & medical or ocular evidence, courts generally favour credible eye witnesses testimony. Major contradictions between site plan & the oral testimony can lead to benefit of doubt to the Accused

The site plan evidence is not a substantive evidence. It is rather a corroborative evidence. As site plan is baked upon information of a witness during investigation, it is often treated as a statement under section 161 Cr.P. Code.

As in a criminal trial, Onus to prove crime beyond reasonable doubt is casted upon the Prosecution and in appreciation to it, it firthcomes that the prosecution has to prove that the alleged crime has been committed, It has to prove the commission of crime at a given place, area or premises on the date and at the time found during investigation. It needs to prove all this by the alleged persons in a narrated manner in the circumstances found upon investigation and as such the position, placement of the Site plan during trial plays a pivotal role, often flicked to scan more & more by a defence lawyer.

As on planning for cross examination a Lawyer after reading several times the challan, the documents brought on record, need to study carefully discrepancies, defects and contradictions. Upon reading FIR, statement of witnesses, Seizure Memo, Search Memo, he finds it of immense utility to study the Site Plan repeatedly, almost on flick of every other Memo with the challan to get evaluation of his case in understanding its coorborative evidentiary value.

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