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Trap Cases: A Forensic Guide For Crime Investigators
Trap Cases: A Forensic Guide For Crime Investigators
12 TRAP CASES
Trap means nabbing a public servant for demanding and accepting illegal gratification (say
bribe). The term ‘public servant’ is defined in Section 2(c) of Prevention of Corruption Act
of 1988. To prevent corruption, a trap is laid to apprehend public servant red-handed while
demanding and accepting bribe.
Illegitimate trap is the one of the traps where money is not demanded but he/she is only
suspected to be habitual of taking bribe and is tempted with bribe just to verify (M.S.
Mohiudin AIR 1952 Mad 561, (1952) 2 MLJ 11).
For accepting bribe, a case is registered under Sections 7, 11, 13(1) (a) and 13(1) (b) of PC
Act, 1988.
Section 7: Public servant taking gratification other than legal remuneration in respect of an
official act.
Section 11: Public servant obtaining valuable things, without consideration from a person
concerned in proceeding or business transacted by such public servant.
Section 13(1) (a): A public servant is said to commit the offence of criminal misconduct if
he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for
himself or for any other person any gratification other than legal remuneration as a motive or
reward such as is mentioned in Section 7 of the PC Act.
Section 13(1) (b): A public servant is said to commit the offence of criminal misconduct if
he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for
himself or for any other person, any valuable thing without consideration or for a consideration
which he knows to be inadequate from any person whom he knows to have been, or to be,
or to be likely to be concerned in any proceeding or business transacted or about to be
transacted by him, or having any connection with the official functions of himself or of any
public servant to whom he is subordinate, or from any person whom he knows to be
interested in or related to the person so concerned.
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Section 13(1) (e): A public servant is said to commit the offence of criminal misconduct if he
or any person on his behalf, is in possession or has, at any time during the period of his
office, been in possession for which the public servant cannot satisfactorily account, of
pecuniary resources or property disproportionate to his known sources of income.
Against a bribe giver, the case can be registered under Section 12 of PC Act, 1988.
Section 12: (Reverse trap): Punishment for abetment of offences defined in Section 7 or 11.
Section 9: Taking gratification, for exercise of personal influence with a public servant is
punishable with imprisonment for a term which shall be not less than six months, but which
may extend to five years and shall also be liable to fine.
Provided that if a police officer not below the rank of an Inspector of Police is authorized by
the State Government in this behalf by general or special order, he may also investigate any
such offence without the order of a Metropolitan Magistrate or a Magistrate of the First Class,
as the case may be, or make arrest therefore without a warrant:
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Provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall
not be investigated without the order of a police officer not below the rank of a Superintendent
of Police.
Methods of Trap
There are different methods of trap but phenolphthalein and sodium carbonate is most commonly
used
(ii) Trap team catches the public-servant for taking bribe red-handed when the currency
notes are delivered to the accused public servant by the complainant on specific
demand.
(iii) According to Locard’s principle, when two materials come in contact with each other,
there is always some transfer of material. Phenolphthalein powder gets transferred
from currency notes to the hands of the accused upon handling the currency notes or
transferred to other items which come in contact with currency notes such as drawer,
file, table, briefcase, pocket, etc.
(iv) Hands of the accused are then washed in 2–3per cent of sodium carbonate solution.
Sodium carbonate solution colour changes from colourless to pink when phenolphthalein
is present.
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(ii) Complainant is not willing to pay the demanded bribe and requests the police authorities
to take legal action against the suspected public servant. Then after verification of
demand of bribe as motive/reward by the public servant, a FIR is lodged to set the
law in motion in order to catch the public servant red-handed while accepting the
demanded bribe amount.
(iii) Two independent witnesses are arranged, who ordinarily must not be from the same
department to which the accused belongs. The complainant is asked to arrange the
Government Currency (GC) notes which are to be delivered to the accused public
servant as bribe. The independent witnesses are introduced with the complainant by
the Trap Laying Officer (TLO). The facts of the complaint are also narrated to the
witnesses by the TLO.
(iv) The trap kit is bought from the Malkhana of the ACB branch. Phenolphthalein
powder is also brought separately.
(v) Demonstration of the use of phenolphthalein powder and the reaction of such item
smeared with phenolphthalein powder when it comes in contact with sodium carbonate
is given by a police officer. The solution which turned to pink in colour and the
cotton swab is thrown away/destroyed.
(vi) Denominations and serial numbers of government currency notes produced by the
complainant are noted down. Then such government currency notes are smeared with
phenolphthalein powder by the same police officer and then these tainted notes are
kept in an empty pocket of the complainant by the same officer. The excess of
powder is removed so that the powder is not visible on currency notes. It may be
added that before keeping the said tainted notes, the personal search of the complainant
is carried out by one of the witnesses and descriptions of minimum articles carried by
him are also noted down. Phenolphthalein powder is immediately returned to Malkhana
and stored in safe custody.
(vii) The police officer who gives demonstration should not be a member of the trap team
and he/she should remain in the office.
(viii) Complainant is asked to meet public servant with the shadow witnesses for delivering
the demanded bribe. A micro tape recorder having a brand new cassette is also placed
before the person of the complainant in a concealed manner so that the conversation
between the accused and the complainant about the demand, acceptance and motive/
reward for such bribe is recorded.
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(ix) The TLO gives directions to the shadow witness to over-hear the conversation between
the complainant and the accused public servant. He also briefs the complainant to
give the specific signal as decided (like wiping his mouth with handkerchief, combing
hair with hands, giving missed call, etc.). He also briefs the team for taking position
nearby the spot in a discreet and scattered manner.
(x) The team should wash its hands with soap before leaving.
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(iv) One or two teams with independent witnesses should be kept as standby in ACB
office or in the vicinity of the residential premises of the accused public servant so
that immediately after the acceptance of the demanded bribe amount, search can be
conducted which may result into registration of a separate offence, i.e. disproportionate
assets case against such public servant.
(ii) On receiving the pre-decided signal from the complainant, the TLO along with Panch
No. 2, i.e. recovery witness and other team members rush towards the office of the
accused public servant. Then the TLO introduces himself, witnesses, etc., to the
accused public servant. He challenges the accused public servant for having demanded
and accepted the bribe money from the complainant. His reaction/explanation/conduct
is noted down. His hands are caught hold of from the wrists by the team members.
Both the hands are washed one by one and the wash of each hand is collected
separately. The solution, which was otherwise colourless, turns to pink colour. It is
kept in separate glass bottles, duly labelled and sealed, under the signatures of both
the Panch witnesses and the TLO.
(iii) The tainted bribe amount is recovered from the accused or from the place he kept the
same in the presence of the recovery witnessess. The denomination and serial numbers
of the same are tallied with those mentioned in a pre-trap panchnama and noted
down in recovery memo which is part of the post trap panchnama. Tainted GC notes
are kept and sealed in a separate envelope under the signatures of both the panch
witnesses and the TLO.
(iv) The narrations of the complainant and the shadow witnesses are also noted down
one by one in the post trap panchnama about the events that took place after they
met the accused public servant.
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(v) The cassette recorder is also taken out and the recorded conversation is listened to by
playing the recorder and the relevant gist (if feasible, complete conversation) of the
same is mentioned in the panchnama. Then, the cassette is sealed in a separate
envelope under the signature of the Panch witnesses.
(vi) The concerned file for which bribe was demanded and accepted, if found, in the
office of the accused, should be seized on the spot vide post trap panchnama or
separate seizure memo.
(vii) The site plan of the scene of offence/office of the accused is prepared on the spot
under the signatures of both the panch witnesses and the TLO.
(viii) The facsimile of the seal used for sealing the exhibits during trap proceedings should
also be taken on a separate sheet on the spot under the signatures of both the panch
witnesses and the TLO. The seal should be given to one of the two witnesses for safe
custody under proper acknowledgement.
(ix) The accused should be arrested vide separate arrest cum personal search memo by
following the guidelines as described in the D.K. Basu Case.
(x) The controlling officer of the arrested public servant should also be informed about
the events.
(xi) The post trap panchnama should contain the ‘chain of events’ right from reaching the
spot until the team leaves the spot for office/police station. These events are relevant
and admissible under Sections 6 and 157 of the Indian Evidence Act. The conduct/
reaction of the accused should be specifically mentioned in the panchnama which
would be relevant and admissible under Section 8 of the Indian Evidence Act.
(c) Wash of pocket of shirt/pants/coat/other clothes in which currency notes are kept.
(d) Wash of table/drawer of table, file or paper on which GC notes are kept.
(e) Videography, voice recorder for recording of conversation between the accused and
the complainant on the day of the trap and before the time of trap.
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(x) The premises (office and residence) of the accused should be thoroughly searched for
assets and incriminating documents.
Figure 13.2: Swab being taken from the place where the currency notes were kept by the
accused; Pink colour developed indicates the presence of phenolphthalein
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(f) The bottles containing the hand wash/pocket wash are properly sealed, labelled and
are sent to laboratory for chemical analysis along with package of cloth and the
envelope containing the currency notes.
(g) Voice recording with control sample of voices are kept in box, labelled and sealed.
(h) All the exhibits must be sent for analysis within 72 hours of seizure or as early as
possible in order to get the best evidence.
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Note:
1. Sometimes, the pink colour of the solution becomes light or the solution becomes
colourless with passage of time as the stability of the pink colour decreases because of
degradation of phenolphthalein due to chemical changes.
2. Intensity of pink colour depends on the amount of phenolphthalein transferred in the
sodium carbonate solution.
3. While transporting the exhibits, the seal should remain intact otherwise it would lead to
break in chain of custody and thus affects the case.
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S I
References
1. Prevention of Corruption Act 1988, Delhi, 2005.
3. M.B. Rao, Handbook on Forensic Science for Police Officers, Sardar Vallabhbhai
Patel National Police Academy, Hyderabad, 2008.
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