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Showing contexts for: design to commit in Kantilal Damodardas vs State Of Gujarat on 2 July, 1969Matching Fragments
9. Mr. Chhaya, the learned Assistant Government Pleader, invited a reference to Section 64 of the Bombay Police Act, 1951 and sought support for such a statement falling within the ambit of Clause (b) thereof. Section 64 provides as under:
"64. It shall be the duty of every police officer:-
(a) x x x x
(b) to the best of his ability to obtain intelligence concerning the commission of cognisable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and with the orders of his superiors as shall be best calculated to bring offenders to justice or to prevent the commission of cognizable and within his view of non-cognizable offences:
x x x x"
This provision sets out the duties of a police officer. Now his duty is to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences and to lay such information before the superior officers for preventing any commission of such offences. This section does not reer to any authority or power given to a police officer to obtain or record statements of person in respect of any such cognisable offences. There is hardly any doubt in the present case that Mr. Erulkar was exercising his power and authority under the provisions of Chapter XIV of the Code. It was for the purpose of making an inquiry or investigation as it were in respect of information already received from Mr. Chaturbhuj Acharya against Mr. Desai in respect of a cognizable offence that he had recorded the statement of the accused. The recording of such a statement of the accused on 3-1-1963 cannot, therefore, be made the subject-matter of a charge against the maker thereof under Section 182 of the Indian Penal Code. The term 'information' contemplated therein is the first information which leads the police to take action against any such person and the subsequent recording or collecting of evidence or any such statement cannot come within the ambit of Section 182 of the Indian Penal Code for in that event the purpose or intention behind the giving of such information cannot be attributed to him.