PHOTOGRAPHIC BUREAU

Introduction

               Photographic Bureau in the state is attached to the Police Head Quarters, This Division is headed by the Chief Photographer. This Bureau is having Units functioning in all District and City Police Offices, and in the headquarters of F.S.L and CBCID.  

Evidential value

(a)            Following the amendment made in the section 65-B of the Indian Evidence Act-1872, application of both Photography and videography has substantially increased in the process of collection of evidence and maintenance of law and order which are the core business of Police Department.

(b)            The section 65-B of the Indian Evidence Act 187772 says any information contained in an electronic record which is printed on a paper stored, recorded or copied in optical or magnetic media produced by a   computer shall be deemed to be a document, and hence Photographs and Video records are admissible as documentary evidence U/S 9 of the Indian Evidence Act-1872.

(c)           The section 65-B of the Indian Evidence Act 1872 confines competence exclusive to the category of Photographer in the Police Department to take photos and videos that have to be produced as evidence as evidence before the court of law.

(d)          Section 45 of the Indian Evidence Act 1872 recognizes Photographer as subject Expert.

FUNCTIONING OF PHOTOGRAPHIC BUREAU AND GENERAL DUTIES RENDERED BY THE  STAFF

The Photographic Bureau shall function on &lsquoround-the-clock&rsquo basis and its staff, in rotation, shall always be available to attend any call, be it routine or emergent, so that the division would attend the task of taking photographs/videos having evidential value on time. 

                The staff of this Bureau Photographing Scene of Crime, forensic evidence like finger prints, hair, blood stains and other valuable pieces of evidence for the purpose of establishing genuineness of such pieces of evidence that the same were found & collected from the very scene of crime involved in the case concerned, and photographing the process of Inquests conducted in Merger & Unnatural death cases, and photographing and video-recording all the functions conducted under the aegis of Police Department.

                In addition to the above, the staff of this Division Video-recording the process of registering statements given by the victim before the Magistrate under section 164 Cr. PC, process of post-mortem examinations conducted in respect of deaths in Police custody and in Jails and the process of &lsquoExhumation&rsquo conducted in the presence of the Executive Magistrate following direction of the Court, in suspicious death cases.

DUTIES AND RESPONSIBILITIES OF THE PHOTOGRAPHER

Photographing:

1. Finger Prints and foot Prints at the scene of crime for the purpose of establishing genuineness before the court of law that the same were found and collected from the very scene of crime involved in the case concerned.
2.  Scene of crime and process of collection of evidence made by the Scientific Officer of FSL and process of developing chance finger print by the Finger Print Expert of FPB for the purpose of establishing that by whom the relevant pieces of evidence  produced before the court, were collected and developed respectively and from which area of the scene of crime that the same were found.
3. Forensic evidence like hair, blood stains and other valuable pieces of evidence that can&rsquot be physically produced before the Court of Law. Material Objects involved in the cases that cannot be produced physically before the court.
4.  Persons who are convicted of the offences falling under chapter XII and XVII of the Indian Penal Code and punishable with rigorous imprisonment for a term of one year or upwards and who on believed to be habitual criminal including DC&rsquos., KDs. And Rowdies (who are convicted in an offence relating to the Human body against whom history sheet is maintained.)
5. Any person when it is necessary for the purpose of investigation or under the orders of the Judicial Magistrate or foreigners when convicted for offences punishable with rigorous imprisonment for a term of one year or upwards under the Indian Penal Code.f.
6. Any person whose history sheets are on record or are proposed to be recorded in the any of the Units of Kerala Police.
7. Process of sample collection made by the Judicial Officers, from &lsquoMaterial-Objects&rsquo in the cases registered under the provisions of NDPS & Abkari Acts.
8. Law & Order issues and demonstrations staged by the various organizations. 
1. Passing out parades, ceremonial parades, conferences, meets, seminars, workshops and all the programmes held under the aegis of Police Department
10. And appearing before the Court of Law for giving evidence.

1. Video Recording

11. Process of recording statements given by the victims before the Judicial Magistrate U/S 164 Cr. PC, in the cases registered under the provisions of &lsquoPOCSO-Act 2012&rsquo vide sub section 4 of the section 26 of the Act.
12. Process of post-mortem examinations conducted in respect of deaths in Police custody, police action and in Jails as per the direction of the National Human Rights Commission, New Delhi, and l Process of &lsquoexhumation&rsquo conducted by the Forensic Surgeon in the presence of Executive Magistrate.
13. Process of Polygraph test conducted at F.S.L.
14. Process of making recovery U/S 27 of the Indian Evidence Act.
15. Law & Order issues and Provocative speeches delivered by the leaders of political and religious groups.
16. Court-proceedings in the cases in which victim is deaf and dumb.
17. Confession made by the accused persons before the Investigating Officer.
18. Visits of VVIP&rsquos/ VIP&rsquos/ PP&rsquos visits and their functions as per the direction of the SP/DySP/ACP, and all the functions held under the aegis of Police Department.

(2)       Method of submitting Photos to be produced as evidence before the Court

1. Photographs shall be printed without making any alteration in its original file.
2. CD which contains original Image &ndashfiles of the produced photos shall be submitted along with the photos, and necessary marking shall also be made on the CD.
3. Photographs shall be printed on 12x8-in size paper.  Original Image-file number of the photos shall be shown below or against the photograph, so as to identify the corresponding image in the CD produced with the photos.
4. Serial number shall be given to each photograph by making necessary marking
5. Detailed Certificate prepared U/S 65-B of the Indian Evidence Act-1872 showing crime number, date of exposing, number of photographs submitted  and number of the pages on which photographs are printed, and information of the devises used for the purpose concerned, shall be submitted along with the photos and CD.
6. Office Seal shall be stamped on the certificate and photos submitted.
7. A copy of the certificate shall be kept in the Office of the Photographer.
8. Date of delivery of photographs and connected details shall be noted in the Duty-Register maintained in the Office of the Photographer.
1. Number of pages on which photographs are printed shall be shown on the top of each page, i.e. page 1 of 1, page 1 of 5 and page 2 of 5.

(3)      Method of submitting Video records to be produced as evidence

Memory card used for video-recording shall be handed over to the Officer-in-Charge concerned after sealing the same along with certificate, once the process of video recording is over, and receipt of the same shall be collected from the Officer to whom the Memory Card was issued, and be kept in Office.

(4)      PERSONS WHOSE PHOTOGRAPHS ARE TO BE TAKEN FOR RECORD

1. Of a person whose is convicted of an offence falling under Chapter XII of XVII of the Indian Penal Code, punishable with rigorous imprisonment for a term of one year or upwards, or any offence which would render him liable to enhanced punishment on a subsequent conviction.
2. Of a person whose photographs have been ordered by a Magistrate of the First Class to be taken for the purpose of any investigation or proceeding under the code of Criminal Procedure. The Magistrate can pass such an order only in respect of a person who has at some time been arrest  in connection with that investigation or proceeding.  The photograph of  the person shall be taken at the time and place specified for his production or attendance for the purpose in the order of the Magistrate.
3. The photographing of under-trial prisoners is forbidden.
4. In the event of resistance or refusal to be photographed under the provisions of Point No.3, a Police Officer may lawfully use all means necessary to secure the taking of photographs.  (vide section 6(1) of the Identification of Prisoners Act-1920 (Central Act XXXIII of 1920), and section 7 of the Kerala Identification of Prisoners Act 1963 (Act 39 of 1963)
5. Resistance or refusal to allow the taking of photograph will constitute an offence under Section 186 of the Indian Penal Code (vide section 6(2) of the Identification of Prisoners Act-1920 (Central Act XXXIII of 1920), and section 7 of the Kerala Identification of Prisoners Act 1963 (Act 39 of  1963).
6. Photographs of persons released without trial, discharged or acquitted.

1. Where any person, whose photograph has been taken for the purpose of Investigation or other proceeding under the order of competent Magistrate, is released without trial or discharged or acquitted by any Court, photos and their soft copies/negative shall be destroyed or made over to such person, except in the cases covered by the sub-par(2) below.
2. The District Magistrate or the Sub Divisional Magistrate in the case of a person who is released without, trial, and the court in other cases may, for reason to be recorded in writing, direct a disposal different from what is prescribed above.

g)    Periodic elimination of photographs:

(5)          Guidelines issued by National Human Rights Commission New Delhi for video-recording and photographing of post-mortem examination in case of death in police action

Entire process of post-mortem examination conducted in the case of deaths in police action, shall be photographed and video recorded.  The aim of video recording and photographing post-mortem examination should be:-

1. To record the detailed findings of the post-mortem examination especially pertaining to marks of injury and violence which may suggest custodial torture.
2. To supplement the finding the post-mortem examination (recorded in the post mortem report) by video graphic evidence so as to rule out any undue influence or suppression of material information.
3. To facilitate an independent review of the post-mortem examination report at a later stage if required

(6)       Method of video recording and photographing post-mortem examination

                At the time of video recording the post-mortem examination the voice of the doctor conducting the post-mortem should be recorded.  The doctor should narrate his prima-face observations while conducting the post-mortem examinations.