CHAPTER VII .CHAPTER VII .
Court Police .
1 . – Prosecuting . staff and general duties of Court officers411 . The prosecuting staff i n each district shall consist of –
Public Prosecutors and Court officers . [ $12, Act V, 1861]
(l ) the Public Prosecutor who conducts prosecutions before the Sessions Court, and in important cases befor e Magistrate’s courts . All Government Pleaders are ex – officio Public Prosecutors, but in some district and subdi visional headquarters another pleader or advocate is appointed to be Public Prosecutor.
an Inspector at t he headquarters station of ever y district, and an Inspector or a Sub – Inspector at t he headquarters of each subdivision . These officer s are st yled Court off icers, and are assisted by Sub -Inspectors, Assist ant Sub -Inspectors and constables according to requirements .
Public Prosecutor important cases .
412 . In i mportant cases, the Super intendent shall apply to Pr osecutor in’ the District Magistrate to retain the services of the Public mportant cases . Prosecutor from the commencement of the case in the lower court .
Statutory powers of Court Inspectors and Sub - Inspectors .
413 . By virtue of Notification No . 2507P. , dated the 6 t h Jul y 1907, and Notification No . 3436Pl . , dated the 24t h December 1924, issued by the Provincial Government ever y Inspector and Sub – Inspector who has been appomted t o prosecute cases before the courts of Magisrate s is thereby appointed t o be a – Public Prosecutor generall y for all such cases in such court s . ,
Appointement of Deputy Superindents and Court Inspectors as Public Prosecutors .
414 . Under sub -section (1) of section 492 of the Code of Cri minal Procedure, the Provi ncial Government has appoi nted and all Deput y Superintendents at the headquarters of the districts to be Public Prosecutors, and also all Inspectors who have been appointed to prosecute cases before the courts of Magistrates to be Public Prosecu tors in the Court of Sessions in respect of cases of applications for bail onl y. Under sub -section (2) of the said section the Provi ncial Government has further directed that no off icer of police lower in rank than that of a Deputy Superintendent shall be appointed to be Publ ic Prosecutor for the purpose of any case .
Assistance of legal practitioners or other police officers .
415 . (a) When any ot her officer or person is employed by the Magistrate to conduct the prosecution of a case, the Court officer shal l gi ve hi m all infor mation needful to enable hi m to . c onduct the prosecution efficiently.
No Court Inspector or Sub -Inspector shall leave the prosecut ion of police cases in the hands of legal practitioners engaged by pri vate pe rsons without the express sanction of the Superintendent or the Magistrate . He may take instructions f rom legal practitioners so engaged, and allow them to assist hi m. Police Regulations Bengal 1943
Duties of Court Inspector. [ $ 12, Act V, 1861 . ]
416 . (a) The sadar Court Inspector sha ll be responsible for the prosecution of all cases at headquarters, and shall assist the Circle Inspectors and Subdi visional Court officers with advice relating to the prosecution of cases when required by them to do so . He shall conduct prosecutions at su bdi visions onl y when order ed by the Superintendent to do so .
The Superintendent shall not depute t he sadar Court Inspector to take up cases at a subdivision without satisfying hi mself that there are no urgent cases at headquarters for hi m to conduct, and without infor ming the District Magistrate of the pr oposed deputation .
Should a Subdi vi sional Magistrate, Subdivisional Police Officer or Circle Inspector consider that any case at a subdi vision ought to be conducted by t he sadar Court Inspect or in person, he shall appl y to the Superintendent for the services of that officer .
When on a case comi ng before a Magistr ate, it appears to him that the Court Inspect or or Sub -Inspector should prosecute personall y, he shall order hi m to prosecute, a nd the olficcr so ordered shall communicate the order to the Superintendent . If the Superintendent considers that the employment of the officer in the case is unnecessar y, he shall refer the question for the District Magistrate .
(e)The Court Inspector sh all not ordinaril y be employed on clerical duties or the upkeep of registers, but he shall exercise general supervision over the wor k of his subordinates, and shall be held generall y responsible for the efficient wor king of t he Court office . To enable hin to do so he shall i nspect the Court office once ever y year.
The sadar Court Inspector shall appear before the District Magistrate in appeals hear d by hi m in police cases, when such appeals are contested, or when the circumstances of a particular case demand it, and the Public pr osecutor is not engaged to appear.
The Court Inspector at the sadar shall not be taken into the mufassil by the Magistrate without reference to t he Superintendent .
Court Inspectors shall have the use of law books , and law reports and the Calcutta Gazette in the Magist rate’s librar y , and such books, reports and gazettes may be issued to them from the Magistrate’s librar y on their own requisition .
(i ) Court Inspectors shall make themsel ves throughi y acquainted wit h the contents of the case diaries and with all particulars connected with those cases which they have to prosecute . If the case diaries do not contain full details of evidence the Court officer should ascertain from the wi tnesse the facts they will prove, and prepare hi mself for the proper conduct of the case .
All applications made to Magistrates by Court Inspcctors in the course of a trial shall be in writing, and shall be filed in the same way as is done by pri vate parties .
Duties of Court Sub – Inspector [ $ 12, Act V, 1861 . ]
417 . Where there is a Court Inspector a Sub -Inspector attached to a Court office shall prosecute such cases as are made over to hi m by the Inspector and in addition maintain . such registers as the Inspector may order hi m to m aintain . Police Regulations Bengal 1943
In a subdi visional court where there is no Court Inspector. he shal l carry out the duties of a Court Inspector and in addition maintain such registers as the Superintendent may order hi m to maintain .
Services of a Court officer not to be requisitioned for more than one court at one time .
418 . A Court officer shall not be allotted more cases than he can adequatel y conduct . The Superintendent shall arrange with the Distri ct Magistrate that the services of a Court off icer be not requisitioned fo r more than one court at one ti me .
Employment of Sub – Inspectors holding certificates as finger print experts . [ $ 12, Act V, 1861 . ]
419 . Sub – Inspectors holding certificates as finger print experts shall, whenever possible, be employed in the sadar Cour t office of the district to which they bel ong.
Duties of Court Assistant Sub – Inspector. [ $ 12, Act V, 1861 . ]
420 . Assistant Sub – Inspectors shall take over all registers except those relating to P. R . and malkhana wor k, but i f per mitted by Super intendents, there will be no obj ection to their dealing with P. R . work. The dail y under -trial case report shall, however, be scrutini zed and signed by the senior Court officer .
Court constable .
421 . A constable shall be deputed to each court w here police cases are being tried, if available .
Assistance to be given to Public Prosecutor.
422 . The Court Inspector or other officer well acquainted with the facts of a Sessions case shall, if required, assi st the public Prosecut or .
Police officers to attend sessions Courts .
423 . Court officers shall arrange for the attendance of a Police office at the Sessions Court on receipt of infor mation that the services of an officer are required for the purpose of escorting to the Magistrate any accused person who has surindered to his bail in the appellate court and whose sentence has been confir med or modified .
Court officers duties in connection with escorts of prisoners and treasure, etc . [ $ 12, Act V, 1861 . ]
424 . (a) Subdi visional Court officers shall collect and have ready for the escort the articles received from poilce -stations, prisoners, tr easure, etc . , awaiting dispatch to headquart ers . they shall see that carriage is provided by othe officers sending trea sure and other bulky articles and for prisoners who may not be able to march . ( See regulation 710 . )
Court officers shall pay particular attention to regulations regarding escort of prisoners and treasure contained in chapter X I. When they find that t he number of prisoners or the amount of treasure, et c . , to be escorted is more than what the number of men sent from the headquarters is author ized to take charge of, they shall at once bri ng the fact to the noti ce of
the Subdi visional Police Officer, or o f the Circle Inspector in subdivisions wher e no Subdi visional Police Officer is posted, who shall supplement the guard sent from the headquarters with the necessary number of men from police – stati ons, and the responsibility Police Regulations Bengal 1943
that the guard is strong, enoug h for the dut y required of it shall rest with hi m. In the absence of the Subdi visional Police Officer, the Ci rcle Inspector, and in the latter ‘s absence . the Court officer shall per for m this dut y.
Assumption of charge by court officers
425 . The rules regardi ng making and taking over charge of office shall be carefull y observed by Court officers . They shall be careful to furnish the officer relieved with a receipt for all Crown propert y in the Magistrate’s malkhana . Full details res pecting each item shoul d be gi ven . Deficiencies shall be made good by t he relieving officer if they are discovered after he has taken over charge . (See regulation 839 . )
II . - lnstitution, preparation and prosecution of cases .
Institution of cases . [ $ 12, Act V, 1861 . ]
426 . The orders regar ding the institution of cases are con – Institution or tained in regulation 213 .
The Court officer shall report whenever a police officer institutes a non -cogni zable case without authorit y.
Prosecutions instituted by public officers .
427 . The following pr ocedure shall be followed when Prosecutions are instituted by public officers: –
Where the charge is of a cogni zable offence, the prosecution shall ordinarily be conducted by the police . Where the charge is of an o ffence, which is non -cogni zable, or though cogni zable, calls for special arrangements, the officer who prefers the complaint should refer for instructions to the Magistrate of the district, who may, if he thinks fit, either instruct the officer hi mself to prosecute, or if the case is of a complicated and difficult nature, rendering in his opinion the employment of the Public Prosecutor, or some legal practitioner necessar y for proper prosecution, direct the Public Prosecutor or some other person to prosecut e and report the matter for sanction of the Legal Remembrancer. If there is sufficient ti me, the Legal Remembrancer ‘s per mission shall be taken before the Publi c Prosecutor or any other pleader is employed to conduct cases in Magistrates’ courts i n the hea dquarters of the district . In subdi visions a member of the local bar of sufficient experience and ability may be employed, in consultation with the Subdivisional Magistrate . to represent the Crown, subj ect to the sanction of the Legal
Remembrancer. The D istrict Magistrate is responsible to the Provincial Government that Crown prosecutions do not fail because the Provincial Government is not adequately represented . He shall, therefore, make the best arrangements for the proper conduct of cases . The sanction of the Legal Remembrancer is necessar y onl y to check the tendency of district authorities to engage pleaders in uni mportant cases .
Prosecution under European Vagrancy Act .
428 . All prosecutions under the European Vagrancy Act,1874 ( IX of 1874), sh all be instituted and conduct ed by a Superintendent or Assistant Superint endent .
Institution of excise and opium cases . Police Regulations Bengal 1943
429 . (a) On receipt of an excise or opium case sent up by the police, the Court officer shall at once infor m the Excise Superintende nt, so that he may, i f he chooses, watch the proceedings . The prosecution shall proceed as in other police cases .
The prosecution of cases sent up by excise officers shall only be undertaken if the District Magistrate or Subdi visional Magistrate or in their absence the Superintendent of Excise so requires it .
Prosecution of gang cases .
430 . The prosecution of gang cases both in a Magistrate’s court and the Sessions Court will be placed in the hands of the Public Prosecut or .
Prosecution of cases under section 109 Criminal Procedure Code . [ $ 12, Act V, 1861]
431, The Court officer on receipt of an accused person arrested under section 55 of the Code of Cri mi nal Procedure,with a view to proceedings under section 109, shall, if the i mmediate drawing up of proceedings is contemplated, produce the prisoner before the Magistrate with the requisite witnesses and the Magistrate should be moved to dr aw up proceedings at ‘ once and to take the necessary evi dence . If for any excep – tional reason further e nquir y is considered desirable before drawing up proceedings either for the purp . ose of verif ying the prisoner ‘s antecedents, collecting further evidence or other – wise, the Magistrate shoul d be moved to gr ant a remand under section 167 of the Code of Cri m i nal Procedure . In such a case,it will ordinarily be sufficient to submit copies of the entries in the diary relating to the case as required by section 167 (1) and wi tnesses -need not be sent unless the Magistrate particularly wishes to examine them. In t he event of the Magistrat e authorising detention in the custody of the pol ice, he must record his reasons for doing so . It is to be observed that the prisoner can onl y be retained in custody in default of bail for a total period of 15 days under section 167 of the Code of Cri minal Procedure, before the actual drawing up of proceedings under section 109 . If subsequent remands are necessary the Magistrate should be moved under sect ion 344 of the Code of Cri minal Procedure . In case a prisoner is remanded to j ail custody without drawing up any proceedings and without any specific charge, section 109 of the Code of Cri minal Procedure . should be noted in the j ail warrant . It shall be the dut y of t heCourt officer to see that there is no delay in producing the evide nce required to prove identity and the character and antecedents of the accused persons, etc . , together with the evidence to prove that it i s necessary for maintaining good behaviour that the person should be bound down .
Prosecution of cases under section 110, Criminal Procedure Code
432 . (a) In the repor t for proceedings, no more should be stat ed than it is proposed to endeavour to prove . Before the enquiry in held a note shall be prepared for the use of the Court officer of the evid ence obtainable from records and to be given by each witness; and this evidence shall be grouped, so far as circumstances per mit, according as it relates to prevlence of cri me, suspicion in particular cases, movements under “sur veillance, association, free li ving without apparent means of livelihood, general repute, or any other facts it is proposed to prove .
In the case of bad – li velihood proceedings against gangs, it is essential that the evidence should not only be generally arranged in the mann er described above, but it should also be clearly stated and briefed as against each indi vidual accused .
When the enquir y is held the court should be infor med of the different points it is proposed to establish against the person who has shown cause . The first witness called should be the investigating officer, who should produce evi dence in j ustification of the institution of the proceedings! The police -station records should be produced, and the Police Regulations Bengal 1943
evidence available from them described, followed by an y facts ascertained in the course of enquiry to which th investi gating officer can depose . Other witnesses should then be examined, preferabl y i n groups corresponding to the sequence of the events . ( See regul ation 290 . )
Surenties in bad livelihood cases .
433 . (a) In proceedings under sections 109 and 110 of the Code of Cri minal Procedure, the Court officer shall put in a written application to the court, as soon as the order to gi ve security is passed, not to accept the sureties off ered without first affording him an opportunity of obj ecting, if necessar y, to any of such sureties, and of producing evidence, if required, in support of the obj ection .
The fitness or unf itness of a suret y is a matter for the Magist rate’s discretio n, and such discretion is not li mited to any particular kind of unfitness .
Complaint against and Prosecution of police officers .
434 . (a) The Court officer shall report to the Superintendent whenever a complaint, cognizable or non – cognizable, is made against a police officer, or when any police officer or clerk is concerned in any suit or miscellaneous proceedings, and such reports shall be forwarded to the Magistrate and dealt with under the rules concerning misconduct of officers .
All such complaints shall be handed over by Magistrate’s bench clerks to Court off icer, who shall return them immediatel y after reporting the matter to the Superintendent .
( c) No prosecution against a police officer under section 29 of the Police Act, 1861 shall be instituted except under the authorit y of the Superintendent or the District Magistrate . The complaint shall be made by the Court officer by petition in writing, and shall be endorsed by -the Superintendent or the District Magistrat e .
Ordinaril y, a police officer suspected of any for m of monetar y fraud against Government shall be prosecuted i f there is a reasonable chance of the prosecution succeeding . The
opinion of the local Public Prosecutor as to the likelihood of a successful p rosecution shall be obtained in writing as early as practicable and whenever it is decided not to prosecute, the reasons for that decisi on shall be recorded’ i n writing.
Procedure in false cases .
435 . (a) On receipt of a complaint o f a false case a Court officershall move the Magistrat e to gi ve the complainant of the ori ginal case an opportunit y of proving the truth of his case . Should he choose to show cause against his prosecution, a j udicial enquir y will follow; if he does not, the Magistrate may issue a process at once under section 204 of the Code of Cri minal Procedure . Where the Magistrate has decided to issue process either under section 182 or under section 211 of the Indian Penal Code, the ori ginal case shall be entered at on ce in the general register as “false” and the Court officer shall put up the general register to the Magistrate for order. If on the trial of the complainant his case is f ound to be true, the Court officer shall put up the general register to the Magistrat e for corr ection . In cases instituted before a Magistrate and referred to the police for investi gation the complainant ‘s prosecution, either under section 182 or 211 of the Indian Penal Code, shall be based on a complaint in writing by the Magistrate conce rned under the provisions of section 193 (i) (a) or section 476 of the Code of Cri mi nal Pr ocedure, as the case may be . In cases reported direct to the police if it is decided to prosecute the complainant under section 211 of the Indian Penal Code, af ter he has filed a “naraji” petition to a Magistrate, the Court off icer shall move the Magist rate concerned to make a complaint under section 476 of the Code . of Cri minal Procedure, before a process is issued against hi m. (See r egulation 279 . ) Police Regulations Bengal 1943
The result of the application for sanction to prosecute . and of the trial, if prosecuti on be sanctioned, shall be communicated by the Court officer to the offi cer in charge of the police – station .
Proeedure when case insinuations or false ailegations are made against police officers in the witness box.
436 . Whenever any question containing base insinuations or fal se allegations is put by a defence pleader to a police officer in the wi tness box , the latter shall at once appeal t o the court for the source of the insinuation or al legation to be disclosed, so that he may be in a position to run a defamation case against the preson making it .
Public Prosecutors and Court officers shoul d also file petitions to this effect and have t hem placed on the r ecord of the case in order that an appellate court may be made aware that the insinuation or allegati on has been challenged .
Prosecution of railway cases .
437 . For instructions regarding prosecution of railway cases . see regulations 590 and 600 .
Military offenders .
438 . The rules in Appendix XXV II shall be observed in respect of accused persons subj ect to the j urisdiction of both c ri minal courts and courts -martial .
Charge sheets and first information reports .
439 . First infor mation reports, charge -sheets, etc . , shall be lai d before the Subdi visional Magistrate or in his absence before the Magistrate in charge of criminal wor k as soon as they are received .
First information reports and case diaries for District Magistrate .
440 . The first infor ma tion reports of all cases mentioned in Appendix XV and of all cases exclusivel y triable in the – Courts of Sessions (and, if he wishes it, of an other cases t oo), shall be shown to the District Magistrate, and case diaries, or such protions of them as ar e of interest or importance, shall also be sent to him .
First information report by whom kept .
441 . In charge-sheet cases the first information report shall remain with the Court officer until the case comes before a Magistrate for enquiry or trial, when it shall be made over to the bench clerk of the trying Magistrate . In non -charge – sheet cases first information reports shall be attached to the final reports and shall be sent monthly to the Magistrate bench clerk for despatch to the Record office .
Production of case diaries .
442 . (a) Ever y page of the case diaries and any connected papers r eceived with them shall be stamped with the date immediatel y on receipt in the Court office . Police Regulations Bengal 1943 Care shall be taken that case diaries called for by the court under section 172 of the Code of Cri minal Procedure” but not put in as evidence, are not attached to the record, and . that they are returned by the court when no longer required . M utatis mutandis, the same instructions shall appl y to any reports of a confidential nature, not admitted in evidence, the, publication of which is obviousl y undesirable .
Case diaries to be returned to the police station concerned.
443 . In cases decided in a Magist rate’s court the diaries and enclosures shall, as soon as the case is decided, be returned by the Court officer to the officer in charge of the police station concerned . In cases committed to the Court of Sessions, the Court officer shall ascertain the name of the Public Prosecutor who will represent the Crown and shall make over to hi m in person the diaries and enclosures and; shall obtai n a receipt . On return from the Public Prosecutor, . the Court officer shall send the diaries and enclosures back to t he officer in charge of the police -station concerned . (See regulation 264) .
Brief of cases
444 . On receipt of a charge -sheet, the Court Officer shall prepare the brief of the case in B . P. For m No . 41 afterstudying the memorandum of evidence, the f irst information report and the case diaries .
If the Court Officer f inds any difficult y in prosecuting the case investi gation, he shall at once issue a memorandum to the investi gati ng officer requesting hi m to remedy the def ect” and suppl y any additional infor mation or evi dence required . He shall at the same ti me send a copy of this memorandum to the Circle Inspector.
If the Court Officer fi nds any difficulty in prosecuting the case on the evidence contained in the diaries, he shall a pply to the Superintendent through the Circle Inspector for instructi on .
On conclusion of the trial of the case the Court Officer will send a copy of the brief of the case together with any correspondence he has had with the investigating officer attache d to the final memorandum of the case to the Superintendent through the Circle Inspector. .
Final memorandum . [ $ 12, Act V, 1861 . ]
445 . (a) On the final disposal of all cases except those which reports in B . P. For ms Nos . 35 and 36 in duplicate are submitted (vide regulatioIis 254 and 287} the Court officer shall prepare a final memor andum in B . P. For m No . 88 . In cases in connection with all political agitation and under sections 109 and 110 of the Code of Cri minal Procedure, and under the Cri minal Tribes Act, 1924, in which no first information is recorded, in which the Superintendent ‘s orders regarding the classification of prisoners are necessar y, and in all charge -sheet cases he shall submit the final memoranda in duplicate through the Ci rcle Inspector to the Subdivisional Police Officer who will forward them to the Superintendent with such recommendations as he may li ke t o make . In other cases he shall send one copy of the final memorandum direct to the police -station, and one to the Superintendent th rough the Circle Inspector and t he Subdi visional Police Officer.
In for warding the final memorandum t o the Subdi visional Police Officer, the Circle Inspector shall record his recommendations, if any, regarding sur veillance and any remarks he may consider necessary on the conduct of the
police, the failure of the case in court, the inadequacy of the sent ence, etc . In sub -di visions where there is no Subdivisional Police Officer, the Circle Inspector shall submi t the memorandum direct to the Superintend ent . Police Regulations Bengal 1943
On receipt of the final memorandum the Superintendent shall record orders whether the convict is to be placed under sur veillance, whether he is to be made P . R . , P . R . T . , or P. R . T and whether a histor y sheet is to be opened
for hi m. On the back of the final memoranda of cases which have ended in acquittal or discharge the Superintendent shall point out if necessar y to the investigating or Court off icer the reasons for the failure of the case, and shall take such other acti on as he may consider necessary. The final memorandum shall not be; filed by the Superi ntendent until final orders regarding all absconders have been passed .
A memorandum i n the same for m shall be sent by the Court officer when anyone is convicted in a case lodged on complaint before a Magistrate of any offence mentioned i n the’ schedule of offences r eferred to in the regul ations dealing with the Village cri me Note – Book.
In cases referred to in the second sentence of clause (a) above one copy of the final memorandum with the Superintendent ‘s orders thereon shall be sent from his office direct to the police -station, where it shall be filed with the first informati on report, case diaries and other papers of the case after ‘ the necessary entries have been made in the registers con, cerned, the other copy being forwar ded to the Circle Inspector through the Subdi visional Police Officer for return to the Superintendent ‘s office by the Inspector after his orders have been noted in their indices of cri me .
(f ) In cases which have ended in conviction the Court officer shall note on the back of the police -station copy of the final memorandum the description of the convicts whose names should find entr y in Part II of the Village Cr ime Note -Book.
Final memoranda of cases in which the real names and residences of the accused charged with offences under Chapter X II and XV II of the Indian Penal Code, are not known, shal l be written in red ink.
In cases that break down in trial, the r easons for failure, shall be briefly noted on the back of both copies of the final memorandum.
(i ) Final memoranda shall be sent to the Superintendent Railway Police, in cases sent up for trial by the Railway Police .
(j ) In all cases of railway accidents, Cour t officers shall furnish the Superintendent of Railway police with copies of the final orders of the Magistrate in B . P. For m No . 88 .
A copy of the final memorandum shall be sent to the Superi ntendent of Excise when a case under the Excise or Opium Act sent up by the police ends i n conviction . At the, same time, the name of the jail to which the prisoner has been sent shall also be mentioned .
Procedure to be followed when a servant of the Crown is summoned by a Court to produce official documents for the purp ose of giving evidence . [ $ 12, Act V, 1861 . ]
446 . (a) The law relating to the production of unpublished official records as evidence in courts is contained in sections 123, 124 and 162 of the Indian Evidence Act, 1872 .
For the purposes of sect Ion 1 23, the expression “officer at the head of the depart ment” may be held to mean the head of the office in whose custody the document required by the Court is, and vis -à -vis the court which demands its production, that officer should be treated as the authorit y to withhold or gi ve the necessary per mission
When an officer r eceives a summons to produce before a court any document which he considers to be an unpublished official record relating to an affair of State or to gi ve evidence’ deri ved from such a document he should i mmediately i nfor m the head of his office forwarding the summons with any state . , ment by the court of the circumstances which r ender Police Regulations Bengal 1943
the production of the document necessar y, specifying the case i n which the production is required .
In respect of documents emanating (1) from a hi gher aut hority, vi z. , His Maj esty’s Government, the Secr etary of State for India, the Central Gover nment, or the Provincial . Government, or which have for med the subj ect of correspondence with such hi gher authority, or (2) from other Governments, whether f oreign or dominion, t he head of the depart ment should obtain the consent of the Provincial Government through the usual official channels before agreeing to pr oduce the documents in court, or allowing evid ence based on them unless the papers are intended for publication, or are of a purel y for mal or routine nat ure, when a reference to hi gher authority may be dispensed with .
In the case of papers other than those specified in clause (d) above, the head of the depart ment should not allow production of t he correspondence if i t relates to matters which are generall y regarded as confidential or disclosure of which; would in his opinion be
detrimental to public i nterests, or to matters which are in dispute i n some other conne;ct ion, or have gi ven rise to a controversy between Government and some other party.
The Village Cri me Note -Book has in these r egulations which are issued under the authority of the Provincial Govern – ment been specifically declared to be an unpublished offi cial record and whenever a summons is issued t o produce this or any portion thereof Or to gi ve evidence deri ved ther efrom it should ordinarily be sufficient for t he officer so summoned to bring to the notice of t he court the wording o f regulat Ion 391(a).
(f ) In a case of doubt the head of the depart ment should invariabl y refer to hi gher authority for orders .
These instructions apply as well to cases in which Government is a party to the suit. In such cases much will depend on t he legal advice as to the value of the documents, but before they are produced in court the considerations stated above must be borne in mind, and reference,to highel aut hority made, when necessary.
The ser vant of the Crown who is to attend a court a s a witness with official documents should, where per mission under section 123 has been withheld, be gi ven an order dul y si gned by the head of the depart ment in the for m below. He should produce it when he is called upon to gi ve his evi dence . and should ex plain that he is not at liberty to produce the documents before the court, or to gi ve any evidence deri ved! from them. He should however, take with hi m the papers which he has been summoned to produce .
(i ) The head of the depart mment should abstain from entering int o correspondence with the presiding officer of t he court concerned in regard to the grounds on which the documents have been called for. He should obey the court ‘s orders and should appear personall y, or arrange for the appear ance of another of ficer in the court concerned, with the documents, and act as indicated in clause (h) above, and produce the necessary certificate if he claims privilege .
O R D E R .
Summons from the court of the for
for the production at
of the office files relating to the
(a) I direct to appear
with the files mentioned in the summons and to clai m privilege f or them under section
123 . of the Indian Evidence Act, 1872 .
I withhold per mission to gi ve any evidence deri ved from the files for which pri vilege is claimed under this order. Police Regulations Bengal 1943
It should be represented to the court that these files cont ain unpublished official records relating to affairs of State for the purpose of section 123 and tbat in view of the provi sions of section 162 of the Indian Evidence Act, 1872, the files are not open to the inspection of the court .
Dated the Head of Depart ment .
Statement of witnesses under section 161, Criminal Procedure Code, [ $ 12, Act V, 1861 . ]
447 . (a) Statements of witnesses recorded by the police under section 161 of the Code of Cri minal Procedure shall be kept distinct fr om the case diar y and any other police papers of the case . The date of receipt in the Court office shall be stamped on ever y page i mmediately on receipt, and they shall be kept in secure custody unless their production is required by a court competent to demand them. When any court sends for the police diaries, onl y the diary recorded under section 172 shall be sent, and not the statement s of withnesses recorded under section 161 unless the produc tion of the latter is required by a court legall y compet ent to demand it . For rules of evidence applicable, see regulation 263(b). All Court officers shall commit to memor y the instructions contained in that regulati on regarding case di aries recorded under section 172, and statements of witnesses recorded under section 161 of the Code of Cri minal Procedure .
When a competent court directs, under the proviso to section 162 (1) of the Code of Cri minal Procedure, t hat an accused be fur nished with a copy o f a statement reduced into writing, made by any person to a police officer in the course of an investi gation, the copy shall be made in the presence of the Court officer in his office .
Court officers responsibility in connection with records . [ $ 12, Act V, 1861 . ]
448 . As soon as the police papers of a case are laid on the tr ying Magistrate’s table the Court officer ‘s responsibility with regard to them ceases . Before the papers are put in, the Court officer should take car e to make copies, whenever nec essar y, of such papers as are likel y to be filed with the j udicial proceedings . He has no concern with t he custody of the j udicial records of cases or wi th the Record office . He shall not retain in his possession the records of a case under trial unless ot herwise ordered in writing by the trying Magistrate . If he subsequentl y requires a copy of any portion of the records he should make an application to the trying Magistrate for per mission to take t he copy in the presence of a responsible offi cial of the court .
Court officer responisible for orders under section 106, Code of Criminal Procedure . [ $ 12, Act V, 1861 . ]
449 . Section 106 of the Code of Cri mi nal Procedure details the offences on conviction for which an order for security to keep the peace may b e passed . Cour t officers shall see that in all cases of riot arising from a dispute about land, and in all cases in which the cause of frictioin is likel y to recur, an application is made to the Magistrate for an order under section 106 of the Code of Cri minal Procedure, binding down the persons convicted .
Court officer responsible for orders under section 565, Criminal Procedure Code . [ $ 12, Act V, 1861 . ] Police Regulations Bengal 1943
450 . The Court officer shall ordinarily move the court for an order under section 565 of the Code of Cri mi nal procedure in the case of all offenders who have been previousl y convi cted of offences under secti ons 215, 489A, 489B, 489C or 489D of the Indian Penal Code or under Chapters X II and XVII of that Code, punishable with i mprisonment for three years or upwards .
Method of proving previous convictions in traced cases . [ $ 12, Act V, 1861 . ]
451 . (a) If, on the ret urn of the search slip from the Finger Pri nt Bureau, it is found that Previous convictions have been traced agai nst the accused, the inve sti gating officer shall be immediatel y infor med and the Court officer shall take steps, where necessary, to prove the previous convictions under section 511 of the Code of Cri minal Pr ocedure .
In the case of a person who has been previousl y convicted m ore than once, it will generall y suffice to pr ove the last conviction onl y, provided that the for mer convictions were proved in that case and are mentioned in the j udgment .
Method of Proving indentity of accused. [ $ 12, Act V, 1861. ]
452 . The identit y of t he accused should ordinarily be proved by the evidence of a police officer who is cognizant of the previous conviction, or by a jail officer who can recognize the accused as the prisoner who underwent the previous sentence of i mprisonment; but if such witnesses cannot be obtained, identit y may be proved under sections 45 and 73 of the Indian Evidence Act, 1872, by means of expert evidence, for whi ch purpose the record slip must be obtained from the bureau by which the accused was traced and the servi ces of . an “expert” r. equisitioned from the provi ncial bureau (see regulation 654) .
Criminal charges against exreformatory school boys . [ $ 12, Act V, 1861 . ]
453 . The Court officer shall report to the Superintendent all cases in which ex -refor matory school boys are concerned but which do not result in their i mprisonment, e . g . , cases in which a sentence of whipping is inflicated or where the bebefit of doubt is gi ven or cases which end in acquittal or discharge When an ex – refor mator y boy is bound dow n under the preventi ve sections of the Code of Cri minal Procedure the fact is to be similarl y reported . The Superintendent shall inform the authorit ies of the Refor mator y School of all such cases .
NOTE . -“Refor mator y school boys” include “Borsta1 School b oys” .
Despatch of verification rolls . [ $ 12, Act v, 1861 . ]
454 . (a) The Court officer shall despatch t o the Court officer of any district in which the house of the accused is believed to be situated, or in which he is believed to have been convicted or where hi s antecedents are likely to be known, a veri fication statement in B . P. For m No . 89 . The statement shall be sent dir ect unless the officer f rom whom the infor mation is required belongs to another province in which case the . application shall be se nt through the Superintendent to whom the requiring officer is subordinate .
Inquiries regarding persons previousl y convicted in Calcutta shall be addressed to the Chief Court officer, Presi dency Police Court, Calcutta, and those regarding persons convicted in cases disposed of at the Sealdah and Alipore ‘Subur ban Police Courts, to the Court Inspector of the 24 – Parganas, Alipore . Communications regarding the antecedents -of residents of Indian States shall be addressed to the Resident concerned . Police Regulations Bengal 1943
A c tion to be taken by Court officer on receipt of verification roll . [ $ 12, Act V, 1861 . ]
455 . On receipt of a verification roll, the Court officer shall at once consult his conviction register, report the result of his search i mmediately to the issuing co urt and forward the roll to the officer in charge of the police -station concerned for verification of the statement s on the reverse . The station officer after verification shall return the roll direct to the issuing court without any unnecessary delay. To facilitate searches Court officers shall keep their indices to the convicti on register corrected up to date .
Written application to be submitted for committing cases to Sessions .
456 . In cases in which an accused person is sent up with several previous convictions under Chapters X II and XV II of the Indian Penal Code, the court officer should, if the lower court is incompetent to inflict adequate punishment, submit a writt en application to the court requestiong the Magistrate to commit the case to the Sessions .
Instruction to be given to Public Prosecutor in sessions cases .
457 . (a) In Sessions cases, when the reasons for commit – ment are not fully and clearly stated, the Magistrate of the district or of the subdi vision sha ll cause to be drawn up, for the guidance of the Public Prosecutor or other officer appointed to conduct the prosecuti on, a special memorandum containing a concise history of the case, and of the specific facts to which each witness will speak .
This memorandum together with the case diaries, copies of the depositions and copi es of the exhibits, etc . , and the statement of the reasons for commit ment shall be made over to the Public Prosecutor wit hin seven days after commit ment, and shall be returned at the close of the trial with such remar ks as the prosecut ing officer may wish to offer. The memorandum and case diaries shall be treated by the Public Prosecutor or other officer as confidential communications .
The Superintendent shall frequently, in personal interview, sati sfy hi mself that the Public Prosecutor recei ves al l the aid that he needs to enable hi m to prosecute successfull y. If the Public Prosecutor requires the presence of particular officers acquainted with the facts of the case, these officers shall be brought in . The Public Prosecutor ‘shall be acquainted with the facts of the case in good time, so that if further evidence in his opinion is required upon any particular points a refrence may be made to the Magistrate with a view to its be ing obt ained before the case comes on for trial .
In all cases commi tted to the Sessions, whether from, the sadar or outl ying subdi vi sions the Court officer shall ascertain by personal communication with the Public Prosecutor whether the brief furnish ed hi m by the Magistrate is complete! in all details, and, if not, he shall supplement it wi th any” infor mation that may be required .
Previous offence suspected.
458 . (a) Whenever there is good reason to suspect that a person accused of an offence under Chapter X II or XV II of the Indian Penal Code, f or which, on reconviction, an enhanced punishment may be awarded under section 75, has been previously convicted, or when the name, residence and antecedents of a person so accused are unv erified, an application for remand shall be made in B . P. For m No . 90 by the Court officer pending the result of the inquiry into the prisoner ‘s antecedents . The application will remain with the record . Police Regulations Bengal 1943
If a remand is not granted, an i mmediate report shall be made t o the Superintendent, who, if the reasons appear i nsufficient, shall report the matter to the District Magistrate .
Tender of pardon to the approver. [ $ 12, Act v, 1861 . ]
459 . If on a considerat ion of the facts and ci rcumstances elicited f rom the police verification of a confession supplemented by a magistrial verification, if any, as provided for in regulation 283, it appears that the evidence of the confessing accused is necessar y the Court officer, with the per mission of the Superintend ent, shall move an application to the Magistrate asking hi m to tender pardon to the accused under subsection (1) of section 337 of the Code of Cri minal Procedure, and to examine hi m as a Crown witness . If pardon is . tendered and accepted, the procedure lai d down in subsections (2) and (3) shall be followed .
Procedure for bringing any trial to the notice of the District Magistrate .
460 . If the Superintendent considers it necessary to bring the trial of a case to the notice of the District Magistrate for action under section 435 of the Code of Cri minal Procedure, he may do so either by a for mal application pr esented by the Code officer or by an unoff icial note .
460A. The District Magistrate shall consider the application or note and, if he t hinks necessary, call for t he record but shall not transmit to the Magistrate concerned any unofficial notes on the subj ect .
Appeals by Government .
461 . The District Magistrate shall give i mmediate notice to the Superintendent of all appeals and of all applications for revision in which the High Court or Court of Sessions issues a rule or calls for an explanation, and act in concert with hi m in such cases .
Appeals to High Court and to Sessions .
462 . (a) When an appeal is preferred to the Hi gh C ourt against the orders of a Sessions Judge in a serious case the Superintendent shall, on receipt of not ice of the appeal from the District Magistrate, infor m hi m of any particularly i mportant facts connected with the case that should be brought to the n otice of t he Legal Remembrancer and whether the . latter should be asked to enter appearance f or the Crown even though the appellant is unrepresented . He shall also consider, in consultation with the Magistrate, the propriet y of deputing the investi gating o fficer or the Public Prosecutor personally to instruct the counsel representing the Crown in the Hi gh Court .
Unless other wise instructed by the Magi strate, the Public Prosecutor shall appear in all appeals before the Sessions Judge in which the appel lant is represented by a pleader or counsel . The Superint endent shall bring to the . notice of the Magistrate any other cases in which he considers it desirable that the Cr own should be represented . Such cases include those in which police officers have bee n convicted of malpractices either cogni zable or non – cognizable . He shall also report for the or ders of the Magistrat e any case in which, . the PubJic Prosecutor fails to appear though required to do so by rule or specific instructions, and when he consider s that the conviction has not been supported properly . A completa br ief, i . e . , copies of j udgment, depositions, note -sheets, etc . , shall be prepared by the Magist rate
when the Public Prosecutor or the Court officer is required to represent the Crown in app eals or references under section 123(2) of the Code ot Cri minal Procedure . .
Attendance of withesses . Police Regulations Bengal 1943
463 . (a) The following rule has been framed by Hi gh Court: – —
The Police officer attached to the court, or some other respoll sible officer of the court specially appointed to the duty. shall be required to make over to the beneh clerk, not later than 12 -30 p . m. , or, if early morning sittings are being held, not l ater than 7 . 30 a . m. a list (in For m No . M -41), verified dated and ini tialled by hi m, of the witnesses who, up to 12 noon, or, of earl y morning sittings are being held, up to 7 a . m. , are in attendance for examination . .
With this list (in For m No . M -41) the Court officer shall attach a bill for the diet and travelling expenses of
prosecution witnesses, in order to ensure i mmediate payment .
Certificate of attendance for servant of the Crown.
464 . When the complainant or a witness in a case is a ser vant of the Crown and no expenses are paid to hi m by the court, the Court off icer shall see that a certificate of attendence is gi ven hi m by the court to enable hi m to draw his travelling expenses (see regulation 1228) . .
Witnesses to house – search.
465 . Upon receipt in the Court officer of the list of property found on a search made under section 103 Or 165 of the Code of Cri minal Procedure, the date of receipt shall at once be stamped on it .
The police have no power under the law to compel the attendance in court of witnesses to a search, but if any court appears to entertain doubts regarding the identit y of the articles gi ven in the list of properties, the Court officer shall request the court to summon the witnesses to the search .
Examination of medical officers .
466 . (a) Medical officers will be examined on oath, but their evi dence may be recorded by any Magistrate and notnecessarily by the offi cer trying the case (section 509 of the Code of Cri minal Procedure) .
When the medical officer is under exami nation before the Magistrate, the Court officer shall ask hi m to produce (i) an authenticat ed copy of his for warding letter to the Chemical Examiner; (ii) the post office or other receipt for the parcel despatched to the latter; and shall elicit from hi m any further evidence necessar y to connect the Chemic al Exami ner ‘s report with the charge against the accused . If necessar y, the medi cal officer ‘s cler k or other person who has grant ed the receipt shall be called to prove it, and shalt be bound over to appear at the Sessions trial . Both copy and receipt shal l be tendered in evidence when proved .
Recording of confessions .
467 . The Hi gh Court have issued the following circular ( Circular Order. Cri minal . No . 2 of
1937) regarding the recording of confessions by Magistrates: –
Magistrates should cl early understa nd the great i mportance of gi ving their closest attention to the procedure to be followed, from first to last; in the recor ding of confessions . This procedure should be f ollowed, without haste, with care and deliberation, It being understood that this dut y is not a distasteful and minor appendage or addition to their nor mal functions, but one which is of consequence to the confessing accused, his co -accused and courts responsible for the administration of cri minal j ustice . A confession which is recor ded perfunctorily and hast ily is a source of embarrassment to the trial court, the prosecution and the defence . The provisions of sections 24 to 28 of the Indian Evidence Act and of section Police Regulations Bengal 1943
164 of the Code of cri minal Procedure should be carefull y studied and the following safeguards, among others, shall be adopted : –
Confessions are to be recorded during the Court hours, and i n the Magistrate’s court or other room in a buildi ng ordinaril y used as a Court house, unless the Magistrate, for reasons recorded by hi m on the form No . (M) 84, certifies that compliance with these conditions is impracticable or that . he is satisfied that the ends of j ustice would be liable to the defeated thereby. It must be clearly understood that the recording of a confession at a M agistrate’s private residence, or at any place other than the Magistrate’s court, shall be the exception and not the rule and that on Sundays and holidays when it is necessary to record a confession the Magistrate shall proceed to his court for the purpose , after making all arrangement s for the production of the accused before hi m i n that court . If the confession is recorded in a room that is ordinaril y open to the public, the Magistrate may, if he thinks fit, order that the public generally or any particul ar person shall not have access to, or be or remain in, the room used for the purpose .
When the accused is produced the Magistrate should ascertain when and wher e the alleged offence was committed, and, by questioning the accused, should further asce r tain when and where the accused was first placed under police obser vati on, control or arrest .
Magistrates shall not, except under circumstanoes which render delay i mpossible, r ecord the confession of an accused person Immedi ately the police bring hi m into court . He shall be gi ven at least three hours for reflection, dur ing which period he shall not be in contact with any police officer and shall not be per mitted to hold converse with any person .
During the examination of the accused and the rec ord of his statement, a co -accused and, unless in the opinion of the Magistrate the safe custody of the pr isoner cannot otherwi se be secured polioe -officers should not be present . In particular the police officers concerned in the investi gation of the case or in the arrest or production of the accused shall be excluded .
The Magistrate should gi ve the explanations required by sect ion 164 (Cone of Crimi nal Procedure) and the other explanations mentioned in the for m in a careful and patient manner, not perfunctorily, but so as to ensure that they are fully understood .
(a) The Magistrate should not proceed to record the stat ment of the accused unless and until he has reason, upon questioning hi m and obser ving his demeanour, to believe that the accused is speaking and is about to speak vol untarily.
While it is not in general necessar y or desirable to invite complaints of ill -treat ment by the police, cogni zance of such complaints when made should be promptly taken, and any indications of the use of i mproper pressure should be at once investigated . If any inj uries are noticed on the body of the accused or are referred to by hi m he should he asked how by them. and, if necessar y, in order to enable t he Magistrate to be satisfied that the accused is about to speak voluntarily, the accused shoul d be medicall y examined before his statement is taken,
It must be clearl y understood that the questing of an accused person in order to discover
if the making of a confession is voluntar y, is not a mere for mal ity. The Magistrate must apply his mind j udicially and endeavour to base his finding upon definite per mises and grounds,
While carefully avoiding anything in the nature of cross -examination, the Magist rate should endeavour to r ecord his statement in the fullest detail, and to this end may properly put such questions not being leading questions, as may be necessar y to enable the prisoner to state all that he desires to state and to enable the Magistrate clearly to understeand his meaning.
III . – Warrants, Processes and Bail and Recognizance bonds .
Warrants against absconders . [ $ 12, Act V, 1861 . ]
468 . On receipt of a charge -sheet containing the names . of absconders, Court officers shall at once move the Magist rate trying the case to issue warrants against all the absconders named in the charge -sheet, and, if necessar y, proclamation and attachment orders si multaneously with the warrants” If the Magistrate refuses, without gi ving reasons for his action, to i ssue the warrants against all the absconders named or postpones the i ssue of warrants, or i f he declines to pass order s , the Court officer shall ask the Superintendent to move the District or Subdi visional Magi strate to withdraw the case . under section 528 of the Code of Cri mi nal Procedure to his o wn f ile and then to issue warrants for the arrest of the absconding accused .
Instructions regarding issue of warrants .
469 . (a) In issuing warrants, Magistrates shall fix a date on which the police shall return the warrant or report that it has not been executed . The date of this report shall be fixed so as to allow the mufassil police a reasonable ti me for proper action in obedience to the warrant . .
Warrants of arrest shall usually be directed to the police for execution, but in cases of urgency may be directed to court peons .
Under section 77 of the Code of Cri mi nal Procedure, . when issuing a warrant to a police officer, the court may address hi m either by name or by the title of his office . Under section 79, all subsequent endorsements shall be by name and desi gnation . A warrant intended to be executed by the police, therefore, shall be addressed not to the Court officer, . but t o the officer in charge of a police -station .
Instructions regarding of warrants .
469A. (a) The Court officer shall despatch warrants to officers in charge of police -stations . He shall scrutini ze all warrants recei ved by hi m for despatch, and bring to the notice of the presiding Magistrate any case in which the process is unsuitabl y di rected .
Warrants shall be sent direct to police -stations, except when a special officer is necessary for the dut y to be performed . In such cases the Court officer shall take the orders of the
Superintendent or Cir cle Inspector, or in t heir absence the Magist rate of the district or Subdi visional Magistrate . Warrants so ser ved, when executed, shall be returned to the Court officer direct .
Return of warrant against absconder.
470 . When an absconded offender appears in court, or. is arrested by parties other t han the police of the police -station to which the warrant was sent in the first instance, or. when a warrant is cancelled under section 75 of the Code of Cri minal Pr ocedure, the Court off icer shall send infor mation to the police -station and ask for the ret urn of the warrant .
Service of warrants and other processes .
471 . (a) The ser vice of cri minal processes in all districts , with the exception of t hose mentioned in clause (b) shall be super vice by the collectorate nazir .
Ordinarily warrant s of a rrest, fine warrants, orders issued under section 88 of the Code of Cri minal Procedur e and search warrants, shall be executed by the police in both cognizable and non -cognizable cases, and with the exception, of fine warrants shall be entered in the regist er of processes (B . P. For m No . 91) . Police Regulations Bengal 1943
Warrants issued under section 34 of the Police Act, 1861, under the Motor Vehicles Act, the Hackney Carriage Act , the Cruelty to Ani mals Act and the Bengal Hi ghways Act and for offences against Muni cipal by -laws shall be sent by courts to the police officers concerned direct and not through the Court(police) officer. The officers serving the warrants shall return them direct to t he issuing court with a report of the action taken .
Processes shall have an annual seria l number. A separate register of the unexecuted processes shall be maintained (in B . P. For m No . 91) in red ink and at the end of each calendar year, onl y the pending processes of that particular year shall be entered in it in January below the ent ries of t he previous year. The entries shall bear a serial number i n the following way:
Running serial of the pending register / Seri al No . of the ori ginal r egister / year of issue .
When an entr y is made in the pending regist er, the item shall be struck off from the ori ginal register after noting t he, running serial of t he pending register against it in red ink. As soon as a process is disposed of, the item shall be struck off from the pending register.
Whenever a summons to appear as a witness in a criminal case is issued against an officer of police, it shall be served upon hi m through the Superintendent of the district or the police officer in charge of the subdi vision to which he may belong .
NOTE . – The Hi gh Court has intimated that upon a proper appli ca tion being made in each case to the Judge exercising the ori ginal cr iminal j urisdiction of the Court the conveni ence of public officers summoned as witnesse i n cases before the Hi gh Court from the mufassil shall always be dul y considered . Whenever a public officer is summoned as a witiness before the Hi gh Court, the Legal Remembrancer should be infor med and asked to se that the wit ness is not unnecessaril y detained .
A summons on a r ailway ser vant or a servant of the Crown shall be ser ved through the head of his depart ment .
Proclamation. [§12 , Act v , 1861 . ]
472 . (a) Three copies of a proclamation under section 87 of the Code of Cri minal Procedure, shall be obtained from. the Magistrate’s office, one for the Cour t office, one for the police – station and the third f or the absconder ‘s vill age .
Police officers shall strictly compl y wi th the provisions of section 87 of the Code of Cri minal Procedure relative to the publication of the proclamation . The Court officer shall affix the copy for the Court house in the pr esence of witnesses, and submit a report to this effect . The station off icer shall have the copy for the absconder ‘s village dul y read out in a conspicuous part of the village, post it up at the ordinar y place of abode of the absconder in the presence of some of the principal residents, and submit a report that this has been done, gi ving the names of the witnesses .
On receipt of the report, if ever ything is correct, the Cour t officer shall move the Magistrate to record a proceeding, stat ing that the proclamation was dul y made, and declaring the date on which it was made . The ter m of 30 days ( vide section 87 of the Code of Cri minal Procedure) shall run from the date so declared .
Court officers shal l report to the Superintendent all p ersons pr oclaimed .
When a Magistrate agrees to issue a proclamation under section 87 of the Code of Cri minal Procedure against an absconder, he shall at the same ti me be requested to issue an order for attachment of his propert y under section 88 .
Form of attachment order. [§12, Act V, 1861 . ]
473 . Propert y of absconding accused persons, other than land payi ng revenue to Government which is ordered to be attached, shall be specified in the warrant of attachment . Court officers, therefore, shall pre pare and submit a list of property to be attached, when appl ying Police Regulations Bengal 1943
for orders under secti on 88 of the Code of Cri minal Procedure . When it is found that no property is specified i n a warrant, the Court officer shall bring the omission to the noti ce of the court .
Confiscation of property of proclaimed offenders . [§12, Act V, 1861 . ]
474 . If the accused does not appear within the ti me specified in the proclamation, the Magistrate shall be requested to record a for mal order declaring t he propert y attached t o be at the disposal of t he Provincial Government . There is, however, no obj ection to the proclamat Ion and attachment being issued si multaneousl y.
Evidence under section 512 , Code of Criminal Procedure . [§12, Act V, 1861 . ]
475 . If all measures provided by law to compel the appearance of the absconding accused fail, the Court officer shall, unless the Superintendent records his opinion that this is unnecessar y, appl y to the Magistrate to record evidence of the complainant and witnesses under section 512 o f t he Code of Cri mi nal Procedure .
Court officers must be mindful that evidence that the accused has absconded must fir st be recorded .
Monthly return of unexecuted processes .
476 . At the end of each month a list in B . P. For m No . 92A showing all outst anding processes issued in the previous month shall be forwarded from the Sadar and subdi visional Cour ts to the office of the Superintendent, necessary extracts regarding warrants issued on Railway police cases being sent to the office of the Superintenden t of Rail way Police concer ned . The list of January, however, should show all out, standing process as entered in the pending process register maint ained under regulation 471(c) and shall be drawn up in B . P. For m No . 92 (see regulation 471) .
Bail and recognizance bonds . [§12, Act V, 1861 . ]
477 . (a) The Court officer shall draw out bail and recogni zance bonds and get them duly executed .
Witnesses, parties to cases, and sureties having to execute bonds, shall be taken to the Court office, after the Ma gistrate’s orders are passed to have bonds properl y drawn out and executed .
The Court officer shall make careful i nquiries into the position in life of proposed sureties; and if there is any obj ection to their being accepted shall report it at once to the Magistrate concerned .
When money is put down by a part y as security under section 513 of the Code of Cri minal Procedure t he Court officer shall deposit it promptl y in the treasury for safe custody.
The Court officer shall obtain receipts i n the peon book for the bail and recognizance bonds made over to the Magistrate’s amla to be filed with the recor ds .
(/) When an accused person surrenders in court and is
released on bail, the Court officer shall grant hi m free of ‘ charge, a certified c opy of the bail bond containing the Magistrate’s orders thereon . This will ser ve as a safeguard to . the: accused till the release notice, which shoul d be despatched by the Court officer as early as possible, reaches the police – station concerned .
IV. – Undertrial prisoners
Classification of under- trial prisoners and their treatment . [ $ 12, ActV, 1861] . Police Regulations Bengal 1943
478 . (a) Undertrial prisoners will be of t wo classes based Classification
on their previous standard of living . The cl assifying authorit y of . under- trial will be the trying court, subj ect to the approval of the District Magistrate . During the period a prisoner is in police custody. Before production befor e a competent court, the officer in charge of the police -station shall use his discretion as to his clas sification .
Undertrial prisoners who have been placed in class A by the trying court shall not be handcuffed, or roped, unless the Superintendent, or the officer in charge in his absence after consulting the District Magistrate, or the officer in charge in the absence of the District Magistrate, considers the use of handcuffs or ropes necessar y. The use of handcuffs or r opes, in the case of undertr ial prisoners who have been placed in class B, or who have not been classified, is onl y aut horised in case s when there is reasonable expectation that they will use violence, Or attempt t o escape, or that an att empt will be made to r escue them.
Segregation of female and juvenile prisoners in court lock – ups [under section 12, Act V, of 1861 . ]
478A. Femal undertrial prisoners shall be kept separate in the f emale compart ment of the Court lock -ups . The same procedure as laid down in rule 327(b) will appl y mutatis mut andis in respect of custody of Juvenile prisoners in court look -ups .
Court Police responsible f or escorting undertrial prisoners from Jail and guarding them in court . [§12 . Act V. 1861 . ]
479 . (a) The Court Police, reinforced if necessary by men from the police lines, shall escort all undertrial prisoner s from the j ail or lock -up to the Magistrat e’s court and shall guard them while there . They shall also escort back to the j ail prisoners sentenced to i mprisonment, or remanded to hajat by the Magistrate (see also regulation 480) .
(b) Whenever the hearing of a case is adj ourned, a day shall be fi xe d by the Magistrate for the rehearing of the case, and it shall be the dut y of the Court officer to ensure the punctual attendance of the prisoners on the day fixed .
Instruction for escorting under – trial Prisoners to and from the court [§12,ActV,1861 . ]
480 . (a) Prisoners shal l be escorted to the court and back to the j ail by the shortest route but, as far as possible . bazars and crowded thoroughfares should be avoided .
When possible, they should be conveyed to and from court in a special conveyance . C l ass I under -trials should be conveyed in prison vans or in hired public conveyances to ensure t heir travelling in reasonable comfort and pri vacy.
All prisoners not before the court shall be escorted back to the j ail fom the court one hour before suns et, without waiting for those whose cases have not been disposed of . The Court officer shall apply to the Ar med Inspector for an, additional guar d for prisoners who have been detained in court . In the case of under -trial prisoners sent to the j ail for the first time it shall be the duty of the Court Police to see that they have their food before they are taken to the j ail if they are likel y to arri ve there too late for t he evening meal which is served one hour befor e sunset .
As regards the handcuffing and roping of under -trial prisoners whilst being escorted to and from the court, see regulation 478 .
Production of prisoners before the Sessions Judge . [§12, Act V, 1881 . ]
481 . The Court Police shall produce prisoners committed to the Sessions and prop erty connected with Sessi ons cases before the Court of Sessions on the dates fixed for trial . Where the Sessions is not held in the dis!rict of commit ment, the Court officer of the dIst rict of commit ment shall send all the propert y required to be produced before the court to the Police Regulations Bengal 1943
Court officer of the district where the trial is to be held, and communicate to hi m the date fixed by the Judge for the trial of each case . The latter officer shall be responsible for the production of the prisoners and properties i n such cases in the same way as if they had been committed from his district . The Superintendent of the committing district shall take st eps to have the Public Prosecutor properly briefed .
Search of prisoners on arrival in court office . [§12, Act V, 1861 . ]
482 . (a) The senior Court officer shall, fort hwith on their arr Ival in the Court office, search all the male prisoners have the female prisoners searched by a woman approved of by the Magistrate, and take possession of all properties and offensive weap ons found on t hem. These and the proper ties and weapons sent by the station . poli ce, with the prisoner s in charge of their escort, shall be taken charge of and entered in the malkhana register by the officer answerable for the malkhana . Glass, conch -shell or iron bangle shall not be removed from the person of female prisoners . The woman maki ng a search under this regulation shall get a small fee for t he same, say, of 4 annas per head, the charges being debited t o the Magistrate’s grant for contingencies .
Immediately befor e the trial of cases, and before the prisoner or prisoners are put int o the dock or brought into court, it shall be the j oint duty of the Court officer and the police escort, in whose custody the prisoner or prisoners are, to make thor ough search and sat isfy themsel ves that no off ensive weapons are being carried into court .
Si milar precaution shall be taken in the case of all other prisoners including those on bai l or surrendering in court .
(c) No prisoner shall be allowed to wear s lippers or shoes in t he precincts of the Court unless per mitted to do so by the court .
Jailor to be informed of the despatch of desperate characters . [§12 Act V 1861 . ]
483 . The Court officer shall inform the j ailor by means of a separate report, for t he infor mation of the Jail Superintendent, when any under -trial prisoner or convict sent t o j ail is a desperate character, or when his offence is particularly heinous or if he has ever suffered from lunacy. Ordinarily this infor mation will be obtainable fr om t he charge -sheet or chalan sent in by the police with the prisoner [see regulation 272(b)(vii)] .
Search of prisoners before despatch to the Jail from court lock – up at the close of the day . [§12 Act V 1861 ]
484 . Bef ore despatchi ng prisoners to the j ail from the court lock – up at the close of the day, the officer in charge of the hajat register shall search all the prisoners throughl y in the presence of the officer in charge of the escort party and bot h officers shall endorse a certificate to that effe ct on the haiat register .
Transfer of under -trial prisoners from one Jail to another. [ §12, Act V. 1861 . ]
485 . When it is desirable to transfer an under -trial prisoners to a j ail other than that to which he was ori ginall y committed, the Court offi cer shall make a written application to the court in session of the case, when such prisoner is brought before it, to direct that if further commit ment to j ail custody is ordered, such custody may be i n the Jail specified in the application .
Seregation of approvers, confessing prisoners and others . [§12 . Act V, 1861 . ]
486 . (a) When a Magistrate passes order that —- (i ) confessing prisoner s,
persons made witnesses under section 337 of the Code of Cri mi nal Procedure, Police Regulations Bengal 1943
other under -trial persons,
shall be kept apart whilst in j ail from other accused persons in the same case, the Court officer shall communi cate his orders to the j ail authorities .
The Superintendent shall see that proper arrangements are made for the segregat ion of approvers and, if on any occasion proper segregation cannot be ar ranged, shall suggest t o the District Magistrate that the approver may be kept in some other j ail and be escorted to the trial court on the dates on which his attendance is necessar y.
Drinking water and food for prisoners . [§12 . Act V, 1861 . ]
487 . Prisoners shall be supplied with drinking water, whenever required, but no food shall be gi ven to a prisoner without the Magistrate’s per mission . All articles of food shall
be carefully examined before th ey are passed on to prisoners, and no article the introduction of which into a prison is prohibited by any rule under the Prisons Act, 1894, shall be given to prisoners or allowed into the lock -up (see regulation 720) .
Removal of prisoners from lock – up. [§12 . Act V, 1861 . ]
488 . No,prisoner shall be taken out of the lock – up, except with the per mission of the off icer in charge of the Court office .
Interview with under- trial prisoners in court .
489 . No indi vidual shall have access to a prisoner whilst h e is in the precincts of the court awaiting his trial, without authoritati ve permission . The presiding officer of the court may gi ve such authority in writing, and may require the person making t he application to do so in writing. In such case no court -fee shall be necessary. Facilities shall be gi ven to recognized practitioners for consultation with their cli ents, but care should be taken that unlicensed practitioners Or touts are entirely excluded .
Finger prints . – Definitions .
v . – Registration of cr i minals – Finger prints and P. R . system . .
490 . (a) “Finger prints” include prints of the thumb and PI18t8 . — are either “rolled” or “plain” . Defioltfont .
(j b) “Unidentified” means a person whose residence and antecedents are not known . “Untraced” means a person against whom no previous convictions have been traced .
“Expert” means an officer who has been passed as competent to examine, classif y and gi ve an expert opinion on finger i mpressions . (See regulation 656 . )
Method of taking finger print s .
491 . (a) The method of taking finger prints i s described in Rai Bahadur H . C . Basu’s “Finger Print Companion” . . The following instructions shall be obser ved in preparing finger print slips: –
(i) Prints shall invariably be taken on the authorize d finger print slip, B . P. For m No . 93 or No . 94, as the case may be .
In the slip space has been allowed for the ” rolled” prints or all the 10 di gits, as well as for the plain prints of t he four fingers of both hands . The headi ngs of the slip are self . explanatory.
Impressions shall always be taken with the tip of the finger pointing to the top of the for m.
For convenience in taking “rolled” pri nts the slip shall be folded at the line indicated and the fold placed in line with the edge of t he ta ble . Police Regulations Bengal 1943
The “rolled” prints shall show the complete contour of the bulbs of the fingers . One delta in the case of “loops” and two in the case of “whorls” should be visible .
The “rolled” print of each finger shall be taken in the space allotted for that finger, and tlie impression shall not proj ect beyond that space . The i mpressi on of the upper phalanx of the finger onl y shall appear.
(Vl ) The “rolled” prints” of the right hand shall be taken first, each finger being inked and impressed before the n ext finger in rotation is inked . When the ―rolled” prints of the right hand have been taken, the operator will take the “plain‖ prints of the four fingers of that hand si multaneousl y i n the space provided for them on the slip . When the right hand has been finished, the operator will proceed to take the prints ―rolled” and “plain” of the left
,hand in a si milar manner.
All names, whether of persons or places, shall be written ver y legibl y. Entries shal l be as concise as possible and convictions shall be entered in chronological order.
When the finger prints of both hands have been taken, the slip will be turned over and the subj ect’s name, residence, details and convictions will be fill ed in . The subj ect will then sign the for m or make his mar k if unable to write, and i mmediatel y afterwards a “plain” print of his left thumb will be taken in the space provided for the purpose .
The finger print slip of one prisoner shall be completed before that of another is commenced .
Finger print sl ips of females, whether sent for search or for record, shall bear the word “female” in red ink on the side of the slip which contains the i mpr ession .
(xi ) Finger print slips of rail way thieves and wandering cri minals shall bear the words “railway thief” or “wandering cri minal,” as t he case may be .
If a finger is mi ssing, or is so defor med that it is i mpossibl e to obtain an i mpression, the fact will be noted in ink in the space al lotted for that finger by the words ” missing‖ or
“deformed” . In the cas e of double fingers, the prints of both fingers shall be taken, if possible: if not, the print of the more prominent of the two . Def or mities, cuts, scars and, disease mar ks interfering with the legibility of the impressions shall be fully described, and it shall he stated if they are temporar y or per manent . Subj ects suffering from open cut s or
scars in any of the upper phalanges of the fi ngers shall not (if this can be arranged) have the prints of such fingers taken until the cuts or scars have healed .
Finger prints of lepers are not to be taken on any account . Persons suffering f rom contagious and infections diseases shall not have their finger pri nts taken until compl etely recovered .
Convicts whose finger prints are to be taken for recor. [§12, Act V, 1861]
492 . The finger prints of the following persons, j uvenile or adult, male or female, shall be taken for per manent record (see regulation 506) : –
(i ) all prsons convicted of offences agai nst property carrying enhanced punishment on reconviction, irrespective of the duration of the sentence inflicted, if their real names and antecedents are unknown to the police and cannot be ascertained ;
all persons convicted of offences under Chapters X II and XV II of the Indian Penal code, punishable wi th rigor ous i mprisonment for a term of one year and upwards, who in the opinion of the Superintendent are likel y to r evert to cri me after release ;
all persons convicted of offences under Chapters X III and XVII of the Indian Penal Code, punishable with rigorous i mprisonment for a ter m of one year and upwards ;
all persons convicted under sections 170, 215, 231 to 254, 328, 417 to 420, 489A, 489B, 489C and 489D of the Indian Penal Code . Superintendents may exercise discretion in cases under section 417 of t he Indian Penal Code, when the person concerned happen to be l ocal men and the offence is of a pett y or technical nature ;
( v) all persons ordered to execute bonds under sections 109 and 110 of the Code of Cri mi nal Procedur;
(Vl ) all persons convi cted under the Ar ms, Opium and Excise Acts who are believed t o be illicit dealers in arms, opium of cocaine; and also all seamen convi cted of ar ms smuggling;
all persons convicted of any offence i n connection with pol itical agitation punishabl e with rigorous i mprisonment for a ter m of one year or upwards; Police Regulations Bengal 1943
an members of a cri minal tribe registered under the Cri minal Tribes Act, 1924;
all persons convicted under the Goondas Act , 1923 ( Ben . Act I of 1923) or the Presidencyarea (Emerge ncy) Securit y Act, 1926 (Ben . Act III of 1926);
an persons convict ed for attempt or abet ment (section 511 or 109/114 of the Indian Penal Code) of offences for which they are liable t o be made P. R . if (1) they are convicted out side their home district s or (2) their finger print slips are known or believed to be already on record in the Finger Pr int Bureau, or (3) they remain unidentified;
(xi ) all persons convicted under section 3 of the Bengal Cri minal Law ( Industrial Areas) Amendment Act, 1942;
all persons convicted under section 4 of the Bengal Cri minal Law ( Industrial Areas) . Amendment Act, 1942, except when the convicted persons happen to be local men and the offence is of a petty nature; and
all persons convi cted under section 2 of the Howrah Offences Act (Act XX I of 1857) .
Persons whose finger prints are to be taken for search . [§12, Act V, 1861]
493 . (a) A Court Sub – Inspector shall take and forward for search to the Finger Print Bureau, Calcutta, the finger pr ints of ever y uni dentif ied persons arrested as a suspect or finger prints are under trial on a cr iminal charge of an offence punishable with rigorous i mprisonment for a term of one year or more . For this purpose ever y person in custody, whose true name, parent age, residen ce and antecedents have not been satisfactoril y established at the ti me of his first production in Court, will be considered to be unidentified .
The finger print slips of under -trial pri soners sent up by the Railway Police shall be prepared and submi tted for search by the Di strict Police Court off icers attached to the courts to which prisoners are sent up excent that the finger print slips of prisoners sent up by the
Railway Police to the Sealdah Police Court and Howrah Court shall be prepared and sen t by the Railway Police Court officers posted to t hose courts .
NOTE . -(i) Police offi cers are authorized t o take the finger pri nts of persions onl y under sections 4 and 5 of the Identification of Prisoners’ Act , 1920 (XXXIII of 1920) of which the for mer provides for the taking of finger i mpressions of persons — ( 1) after arrest and (2) when arrested for an offence punishable with ri gorous i mprisonment f or a ter m of one year and upwards, and the latter for the taking of finger i mpressions of per sons with the orders of the Magistrate for the purpose of any investi gation or proceeding under the Code of Crimi nal Procedure .
Duplicate finger print slip shall be taken and submitted to t he Finger Print Bureau for search if it is found t hat for unavoidable reaso ns and after exerci sing all possible care the impressions of the subj ect remain blurred and indistinct .
Bureaux to which slips to be sent for search. [ §12, Act 1861 . ]
494 . (a) The finger print slips of persons taken under regulation 493(a) shall also be sent direct for search (i ) t o the bureau of the province of which the persons are alleged, or are suspected to be, residents and (ii) to the bureau or bureaux of the province or provinces where their operations are believed to extend .
In addition t o the above, when an unidentified person is, or is reasonabl y suspected t o be, a resident of anotheri province, a copy of his finger print slip will also be sent direct; to the Finger Print Bureau of that province for sear ch .
Finger print slips of pe rsons believed to be Bhamptas shall be sent to the Bombay Bureau for search . .
Finger print slips of men arrested in districts on the borders of other provinces, whose identity is doubtful, shall be sent for search to the Finger Print Bureau of the ne i ghbouring province as well as to Calcutta .
Search slip to be attached to finger print slip [§12, Act V, 1861J Police Regulations Bengal 1943
4 9 5 . (a) The finger pri nt slip of an under -tri al prisoner should be despatched for search with search slip (B . P. For m No . 53) attached . The po rtion of this for m to be filled in by the Court officer is noted on the for m. The certificate on the search slip as to the despatch of a verification roll to the native district of the suspect or under -trial prisoner and the names of the bureaux, to which copies of the finger print slip have been sent for search, should be carefully filled in .
When finger i mpr essions of an under -tr ial prisoner are sent t o a bureau for search, the trial shall not be del ayed, but . where necessary, an application shall b e made befor e the sentence is passed on the accused for the remand . of the case, pending repl y from the bureau or bureaux .
Slips for despatch by post shall be folded along the red lines only.
Finger print and photographs of approvers . [§12 . Act V. 1861 . ]
496 . Approvers in i mportant cases after due compliance wi th the provisions of the Identification of Prisoners Act, 1920 (XXXIII of 1920) should have their photographs and finger prints (three set s) taken without delay. There have been cases of app r overs absconding at i mportant stages of an investigation or trial .
FInger print slIps of non -P. R. prisoners admitted to a lunatic asylum . [§12 . Act V. 1861 . ]
497 . On receipt of infor mation from j ail that a non -P. R . convi ct is about to be sent to a luniltic asylum, his f inger print slips shall be prepared, endorsed in red ink, “non -P. R . prisoner sent to alunat ic asylum” and sent for record to —
(i ) the bureau of the province of conviction,
(il) the bureau of the province of which the l unatic is a na ti ve .
The names of such persons shall be entered in the Court conviction register and the police – station concerned infor med so that an entr y may be made in the Village Cri me Note -Book. if the lunatic is a convict or a resident of a different district, the finger print slips so prepared shall be sent to that district for action . The words “non -P. R . prisoner admitted to a lunatic asylum” shall be noted in red ink at the top of these slips .
Evidence of finger print experts in districts . [§12, Act V 1861 . ]
498 . Finger print experts employed in dist ricts shall not be deputed to gi ve evidence in cases, ci vil or cri minal, other than those in which the identity of under -trial prisoners, t raced by, the Finger Print Bureau, is to be proved by a comparison of thei r finger i mpressions with those on record in the bureau .
Definition and object 0f the P. R. system .
499 . All convicts, whose finger prints are taken under regulation 492, are known as “P. R . ” (Police Registered), except boys sent to the Refor mator y School, whose finger print will be taken bef ore they are sent there . As regards females, s ee regulati on 501 . No person wi ll be liable to sur veillance on his release merel y by reason of being “P. R . ” By this syst em a classification made for police purposes is transcribed, into the j ail registers thereby enabling the police to trace dangerous convicts throughout their j ail career .
Note . -” Refor mator y school boys” include “Borstal school boys” .
Classification of P. R. prisoner [§12, – Act V. 1861 . ) Police Regulations Bengal 1943
500 . (a) P. R . prisoner s shall be di vided into three classes , vi z –
P. R . ,
P. R . T. , and P. R . T. , 565 .
Class (1) indicates pri soners who are to be r eleased from the j ail where they are confined on the expiration of their senten ce; class (2) indicates those who are to be transferred for release to the j ails either of their native districts or of their district of domicile; except persons convicted under the Goondas Act, 1923 ( Ben . Act I of 1923) or the Presidency: Area (Emergency ) Securit y Act, 1926 (Ben . Act III of 1926), who shall not be released from any j ail within the area from which they have been externed (see notes be1ow) and class (3) are convicts against whom orders under section 565 of the Code of Cri minal Procedure hav e been passed .
Class (1) shall comprise persons about whose release it desirable to gi ve the police ti mel y warning, but who are likel to avail themsel ves at once of the means furnished them by the Jail Department and r eturn home, and who are not li kel y t o rever t to cri me where they are unknown .
Class (2) shall compr ise convicts of a dangerous t ype who are likel y to revert to cr ime ,before returning home if released at a distance from their homes . Amongst them may be included (i) members of known cri mina l tribes i mprisoned f or an offence of any kind, (ii ) all members of notorious cri minal communities bound down under sections 109 or 110 of the Code of Cri minal Procedure, (iii) members of wandering gangs, (iv) convicts who have no regular residence, (v) all convicts undergoing i mprisonment for smuggling opium or cocaine, (vi ) persons convicted under the Goondas Act, 1923 (Ben . Act I of 1923) or the Presidency Area (Emergency) Security Act, 1926 (Ben . Act III of 1926), and (vii) habituals or persons who are considered li kely to take steps to avoid police sur veillance .
Class (3) shall compri se prisoners on whom orders under section 565 of the Code of Cri mi nal Procedure have been passed . They shall be made P. R . T. .
Note . – In the case of persons convicted under the Goondas Act or the Securit y Act, the following procedure is prescribed : –
Persons extened from Bengal under section 6(1)(a) of the Goondas act or section 4(2) of the Security Act shall be made P. R . T. either to the j ail of the district of their domicile or (if their domicile is in an Indian State) to the j ail of the district in British India nearest to their domicile .
Persons externed from the Presidency Area under section 6(1) (a) of Goondas Act, or section 4(1) of the Securit y Act shall be ma de P. R . T. to any j ail in Bengal outside that area .
(i ) P. R . slips of P. R . T. prisoners shall show the j ail from which they are to be released .
Members of cri mi nal tribes shall be transferred to their province of ori gin for release .
( iii) Members of wandering gangs will be rel eased from the j ails of the district in which t hey are sent up for trial . A convict who has no regular residence shall be released from the j ail of the district of his intended place of residence .
(iv) P. R . T. /565 prisoners shall be released from the j ail of their native district or from the j ail nearest to their intended place of residence as notified by them, if it is not situated in their native district as laid down in rule 541 of the Bengal Jail Code .
Persons ori ginally residents of foreign districts or provinces, who, for any reason, have
become per manentl y domiciled in any part of Bengal, shall be t ransferred for releas to the j ail of the district of domicile, and not to that of the district of original re sidence . Police Regulations Bengal 1943
NOTE . -Alipore/ Howrah/Dum Dum shall be shown as the j ail of release in the P. R . slips of prisoners to he released from the Howrah Jail .
P. R. slips . [§12, Act V, 1861 . ]
501 . (a) For ever y convict made P. R . the Court officeor other l ocal prof icient shall prepare the finger print slips and note the words “F. P. taken” on the P. R . slip (B . P. For m No . 95), in the j ail admission r egister, the prisoner ‘s history ticket and the court conviction register. In the case of railway cri minals, the words “railway cri minals” shall be written in red i nk at the top of the slip .
P. R . slips in duplicate shall be issued for persons convicted of offences under sections 395, 396, 397, 400,401, 402 and 412 of the Indian Penal Code, and al l non -Asiatic convicts, one being mar ked in red in “for C . I. D . ” .
The P. R . slip shall be made over by the Court officer to the j ailor and a receipt obtained .
In the case of femal e prisoners made P. R . , the finger prints slips shall always be prepared in the presence of a matron ( where such a matron exists), or of a female convict officer in charge . The police officer deputed to take finger i mpressions of female prisoners shall be accompanied by an assistant j ailor or a head warder when going to the female ward .
The words “unidentified” shall be written in red ink on the P. R . slips of all unident ified prisoners and “political” on those of all prisoners convicted of, offences having a polit ical complexion .
Finger impressions when to be taken . [§12, Act V, 1861 . ]
502 . (a) Finger i mpressions of P. R . prisoner s shall be taken before they are transferred f rom the j ail of the district, of conviction . The P. R . slips of a prisoner whose finger prints have not been taken before his transfer shall be sent along with a desp atch cheque in B . P. For m No . 96 to the Court officer of the district to which he is ransferred . The Court officer shall have the prisoner ‘s fi nger i mpressions taken, and shall communi cate the fact to the Court officer from whom the P. R . , slip has been rec eived .
The finger prints of boys going to the Refor mator y School shal l be taken before they are sent .
NOTE . -“Refur mator y school boys” include ―Borstal school boys‖ .
Finger print slips of P. R. prisoners in railway police cases . [§12, Act V , 1861 . ]
503 . (a) Finger print slips of P. R . prisoners in railway police cases, except those convi cted in the Sealdah and Howrah courts, shall be prepared and submitted to the Finger Print Bur eau by the Court officer of the District Police .
Orders passed by the Superintendent of Railway Police shal l be communicated to the Court officer concerned, who shall issue a P. R . slip and take the necessary action and shall infor m the Superintendent of Railway Police that he has done so .
Responsibility of officer tak ing finger prints . [§12, Act V, 1861 . ]
504 . The officer taking the prints is responsible not onl y for the i mpressions but also for correctness of the convictions and other details entered on the reverse of the slip; his signature to the slip will be held to show that he has verified t he sentence and previous convictions from the judicial record and the personal details of the convict from the Court office and j ail records . Police Regulations Bengal 1943
Instructions regarding finger print slips . [§12 . Act V. 1861 . ]
505 . (a) Ever y slip sent for record in the Finger Print Bureau after conviction shal l be endorsed in red ink at the top on the reverse side “identified” or “unidentified” as the case may be (see regulati on 490) . In the case of reconvicted persons whose finger print s are known or believed to be already on record, t he slip will be endorsed in a si milar manner with the word “reconvicted” in order that they may attract special notice in the Finger Print Bureau and thus provide against two slips of the same person being kept on record . The finger print slip of a seaman convicted of ar ms smuggling shall be mar ked with the words “seaman -ar ms smuggler” in red ink at the top .
In order to mi ni mi se the wor k in the Finger Print Bureau the f inger prints of reconvi cted persons shall be taken on blue band slips ( B . P. For m No . 94A) which shall be forworded to the bureau with a separate despatch cheque ( B . P. For m No . 96) .
A prisoner who has been traced by t he bureau, but whose residence has not been ascertained, shall be shown in the finger print slip sent to the bureau for recor d as traced/unidentified (see regulation 490) .
To enable the Finger Print Bureau to send prompt inti mation to the district concerned
when a member of a registered cri minal tribe is arrested, all poli ce officers shall invariably use the special red band for m (B . P. For m No . 93) for recording t he finger prints of per sons registered under the Criminal Tribes Act 1924 .
In order to assist the Cri minal Intelligence Bureau to obtain satisfactory infor matio n regarding inter -provincial crime and a mor e exact knowledge of the field of activity of different criminal classes, officers furnishing finger i mpression slips for record shall pay particular attention, to the headings ―caste‖ and “residence” .
An endea vour shall al ways be made to locat e each cri mi nal by verification of his residence or by gi ving an approxi mate idea of his habitat, noting the class to which he belongs and the language he speaks .
In the case of persons classed as wanderers, an attempt s hould always be made to locate them to some extent by stati ng the area which they usually frequent .
Number of slips required for record . [§12, Act V, 1861 . ]
506 . The number of fi nger print slips required for record is as foll ows: –
(i ) of ordinar y P. R . convicts convicted in t heir home province, one copy will be taken for record in the bureau of the province of conviction ;
of all other P. R . convicts copies will be taken, viz . , one for r ecord in the bureau of the province of conviction, one for t he bureau of the province of which the person is, or is alleged to be, a resi dent and one or mor e copies for the bur eau or bureaux where his operations are known or believed to extend, noting on each copy of the finger print sli p the names of the different bureaux where the slip is being sent for recor d .
(in) The finger print slips of seamen convi cted of ar ms amuggli ng shall also be sent for record to the Finger Print Bureau of Maritime C . I. D . ‘s, viz . , Calcutta, Madras, Bombay. Karachi and Insein (Rango on) .
Note . -Duplicate finger print slip shall be taken for record of all P. R . convicts if it is f ound that for unavoidable reasons and after exer cising all possible care the i mpressions remain blurred or indistinct .
Files of finger print slips awaiting test . [§12, Act V , 1861 . ] Police Regulations Bengal 1943
507 . (a) All finger print slips of convicts shall be kept by the Court officer in open files and arranged according to the date of release until they can be tested by an expert (see regul ation 654) . The slips of pri soners who a re transferred to other j ails before their slips are tested shall be sent along wi th a despatch cheque in B . P. For m No . 96 t o the Court officer of the district to which they are transferred, and shall be placed by hi m with his own slips awaiting test . Such slips shall, after test, be returned to the Court officer of the district of conviction for transmission to the Provincial Finger Print Bureau .
Finger print slips of prisoners transferred to the Presidency Jail shall be sent neither to the Calcutta Police nor to the Court officer, Alipore, but to the Finger Print Bureau .
Court officers shall compare the convictions noted on finger print slips received from other districts for test with the prisoner ‘s warrant of commit ment, Hi gh Court For m No . 38, and the j ail admission register, and rectif y at once any errors and omissions that may be found .
Testing of slips by an expert . [§12, Act V , 1861 . ]
508 . On the arri val of an expert the file of slips pending test will be made over to hi m, and he shall proceed to test them at the j ail . In making the test the expert will satisfy hi mself that the prints have been properl y taken and are those of the convi ct named on the slip, that all particulars recorded on the slip are correct and properly filled in, tha t all convicti ons have been correctly entered, and that the r equired number of copies have been taken . Any mistakes should be br ought to notice of the Superintendent for necessary action . Finger print slips on which the pri nts are blurred or Indistinct sho uld be rej ected and replaced by fr esh slips prepared by the expert personally. Aft er having tested the sl ips, the expert will note the word “Tested” with his initials and the date, (i) against the pri soners’ names in the j ail admission registers, (ii) on the back of the P. R . slips, and (iii) on the history tickets . The expert will also sign each slip that he has tested, and his si gnature to the slip will be held to be a certificate that the test has been made in strict accordance with this regulation . (“see regulation 654) .
Procedure when the service of an expert are not available .
509 . When an expert cannot visit a district in ti me to test the f inger prints of a prisoner beore his release, the finger print slip of such prisoner shou ld be tested by a proficient other than the one who prepared the slip . A profi cient testing a slip under this regulation wil l be guided by the instructions laid down for testing by an expert in the previous regulation; provided that if he considers the pr ints on the slip to be blurred or indistinct, he will prepare a duplicate slip and both slips will be sent to the bureau for decision, which should be placed on record . If more than one copy of the slip has been taken, he will take an equal number of duplicates .
Procedure regarding slips persons passing quickly out of custody. [§12, Act V , 1861 . ]
510 . In the case of persons convicted of the offences and in the circumstances mentioned in regulation 492, who ar e sentenced to fine, whipping, a short ter m o f i mprisonment or to find security, it is not possible to appl y the above regulation owing to the rapidit y with which such convicts pass out of custody. The finger prints of such convi cts shall be taken by Court officers i mmediatel y after sentence is passe d , and the slip submi tted to the Superintendent for orders whether it is to be forwarded or not to the Finger Print Bureau for per manent record . It will not be possible to subj ect finger print slips prepared under the above circumstances to the usual test by an exper t; and they should be sent without test except in the case of persons convicted under sections 109 and 110 of the Code of Cri mi nal Procedure, who are sent to j ail in default of furnishing security. Police Regulations Bengal 1943
Slips to be sent to the Finger Print Bureau after period allowed for appeal . [§12, Act V , 1861 . ]
511 . Finger print slips, after being tested, will be sent by the Court officer along wit h a despatch cheque in B . P. For m No . 96 direct t o the Finger Print Bur eau or Bureaux concer ned for record, provi ded that the ti me of appeal is over, or the appeal, if any, has been decided .
Note . – In order to attract special notice in t he Finger Print Bureau and thus provide against unnecessar y retention of finger print slips of uni mportant crimi nals beyond prescr i bed periods, the words, “i dentified” or “unident ified” as the case may be, shall be written i n red ink on the top of the r everse side of all slips sent to the bureau concerned for record .
Escape to be immediately reported to the Bureau . [§12, Act V , 1861 . ]
512 . When a person whose finger print slip is on record or an under -trial prisoner whose finger print slip has already been prepared for search is declared a proclai med offender, or escapes from j ail or lawful custody, or absconds after committing so me offence, inti mation of the fact or the finger print slip of the under trial prisoner already prepaired, shall immediatel y be sent by the Court officer to the local bureau as well as to the foreign bur eaux direct infor ming each bureau of the names of the various bureaux to which such repor ts or finger print slips have been sent . If such a person evades sur veillance or is lost si ght of or if such an under trial pr isoner escapes or absconds before he has been sent to the court, the officers in charge of the police -stations concerned shall i mmediately infor m the Court officer to enable him to send the required informat ion . When communicating such infor mation, the name, cast, parentage and residence of the individual, the number and the date of the first infor mation report and the name of the police -station at which it is registered, shal l be quoted . If the prisoner ‘s finger print slip has not been tested it shall be forwarded with the report . Whenever such a person is arrested, surrenders, or is no longer requ ired for some other reasons, the Court Officer shall i mmediately infor m all the Bureaux concened .
Jail authorities to check P. R. system .
513 . On the admission of a P. R . prisoner by – transfer the j ail authorities shall note in the j ail admission register the fact that he has been made P. R . , and shall transcribe the system . entries “F. P. taken” and “Tested” from the P. R . slip .
Reports of death of P.R. prisoners in Jail .
514 . If a P. R . prisoner dies in j ail, the Superintendent of Police , if the decea sed was convicted in his district, shall forward a death report in B . P. For m No . 84 to the Provi ncial Bureau . Should such prisoner die in j ail after transfer, the Super intendent of Police of the district in which the j ail is situated shall forwared the deat h report to the Superintendent of Police of the district in which the deceased was convicted who shall forward the same t o the Provicial Bureau .
Jail parades .
515 . (a) It is i mport ant that police officers of all ranks should be acu quainted wit h the appearance of cri minals not onl y of their own but of other j urisdictions and Superintendents of Police should, ther efore, insist upon all officers, who may be present at headquar ters, attending j ail parades subj ect to the proviso that the number of police officers for ming the parade part y dose not exceed 20 . Constables also should be included in these parades . Under the rules in the Bengal Jail Code no member of the police j ail party shall be per mitted to hold any communicat ion with a pris oner except such as is necessary for the purpose of identification . These parades, however, will afford police officers and opportunit y of recogni zing old offenders and of acquainti ng themsel ves with the personal appearance of prisoners, particularly unide ntified prisoner s and prisoners about to be released, and will Police Regulations Bengal 1943
further furnish indication to officer possessed of intelligence and the faculty of obser vation as to what prisoners ar e likel y to gi ve infor mation, if interviewed .
A parade shall be held e ver y Sunday morning of all prisoners who have within the week been made P. R . and al so all P. R . prisoners due for release within t he ensuing week.
The j ail parade r eport shall be prepar ed on Saturday after noon by an Assistant Sub – Inspector or other officer specially deputed for the purpose, in B . P. For m No . 97 in accordance with the instructions printed on it . He shall enter the names of all per sons failling within regulation 492, who are to be made P. R . He shall have access to the j ail
registers and records with the per mission of the j ail authorities, and shall collect together the warrants, Hi gh Court for m, and P. R . slips of the prisoners whose names he enters in the report for the purpose of checking whether the P. R . orders have been correctly ma de and also for checking the entries in the j ail admission register. He shall also collect the names of Cri minal Tribes Act members to be released during the next week and communicate the date of release of such members to the officer -in -charge of the near est police -station . .
The officer detailed for the parade shall be present in uniform at the j ail at 07 -30 hours and the parade shall be held at 08 -00 hours .
Females will not be paraded but will be entered in the report .
(f ) The Court officer shall refer to the j ail admission register, the release diary, the warr ants . etc . , and satisfy hi mself that the report drawn up on the previous day is correct and complete . He shall check the entries relating to the P. R . and finger print wor k in the j ail admission register and histor y ticket with those on the back of the P. R . slip, and shall supply any omissions which he may discover in the admission regi ster and the histor y ti cket; but no alteration shal l be made in the P. R . slip without enquir y. When the prisoners have assembled, he shall scrutinize the case of each indi vidual and f ill in column 6 of the j ail parade report . In the case of prisoners admitted by transfer, he shall see if there has been any omission to make a pr isoner P. R . or to take or test his finger print . If no P. R . slip has been received for a prisoner who ought to be made P. R . , the matt er shall be referred to the Superintendent of Police concerned for consideration, but no reference shall be made to the Calcutta Police regar ding t he omission to pass P. R . orders or to take the finger prints of persons convicted in Calcutta . as the finger prints of ever y person convicted in Calcutta are taken by the Calcutta Police and sent to the Finger Print Bureau for record whether they ar e made P. R . or not .
All prisoners who remain unidentified up to the ti me of their release from j ail, shall be interviewed after their release with a view to ascertaining, if possible, where they came f rom and where they are going to . The officer holding th e weekl y j ail parade shall differentiate such i mpending releases by noting in red ink the wor d “Unidentif ied” in column 8, part IV, of the j ail parade report, against the name of each unidentified prisoner and in the case of railway cri minals shall write t he words “Railway Cri minals” in red ink to enable the Superintendent of Pol ice to arrange for the interview as the prisoners come out from j ail . Such persons shall, whenever possible, be shadowed or followed on their release, with a view to tracing their a ntecedents and ascertaining their old associates to whom they are likel y to return and the result of all such action taken shall be noted in the remar ks col umn of the register of unidentified persons (B . P. For m No . 98) .
The j ail parade r eport shall be put up before the . Superintendent of Police on the following Monday for orders . As soon as action has been taken on orders passed by hi m, if shall be again put up before hi m, and he shall satisfy hi mself that all orders passed by hi m have been obeyed .
(i ) In the case of railway cri minals an extract from part IV of the r egister shall be sent to the Superintendent of Rai lway Police concerned i mmediatel y after t he preparation of the j ail parade report . The extract shall also show the name of the police -station from which the convict was sent up on trial . Police Regulations Bengal 1943
(j ) The Court Officer who prepares the Jail parade report (B . P. For m No . 97) shall send on each Monday to the officer -in -charge, Cri minal Intelligence Bureau, Cri minal Investigation Depart ment, Bengal, a n extract from Parts I, ll, III and IV of the Jail parade report prepared on the preceding Satur day regarding cri minals for whom duplicate P. R . slips are issued “for C . I. D . ” under rule 501, Police Regulations, Bengal .
With each such extract shall be gi v en the particulars noted against column 4 of the convict’s P. R . slip (B . P. For m No . 95) .
A register shall be maintained in the Court office showing the names of the officers attending each parade which shall be inspected periodically by the Superint endent of Police and by the Deput y Inspector -General when r equired .
(/) Superintendents of Polj ce shall endeavour to enlist the assistance of officers attached to the j ail staff in tracing the identit y of unidentified prisoners, and they are authori zed t o pay a reward of Rs . 5 to any j ail official who shall be successful either in establishing the identity of an unident ified convict or the pr evious conviction of a prisoner undergoing t rial or i mprisonment for an offence under Chapter X II or Chapter XV II o f the Indian Penal Code .
Cases traced by the Finger Print Bureau . [§12, Act V , 1861 . ]
516 . (a) When the trial of a person whose finger print slip has been traced by the Finger Print Bureau has ter minated, the result shal l be communicated to the bureau in B . P. For m No . 99 accompanied by a fresh finger print slip . If the case ends in discharge or acquittal, the result shall be sent at once, but if it ends in conviction, the communication shoul d be sent after the result of the appeal, if preferred, is kn own .
The result of trial of persons traced by the bureau of other pr ovinces shall be si mil arly communicated to those bureaux and in the same for m .
When a person traced by the bureau is not sent up for trial, the investi gating officer shall communicate the fact direct to the bureau concerned .
Finger print slips of persons traced by t he bureau should invariably be for warded with separate despatch cheques and not with those of ordinar y record sli ps .
P. R. slip as release notice . [§12, Act V , 1861 . ]
517 . . (a) On the lst and 3rd Saturdays of ever y month the P. R slips of P. R . prisoners who are to be released during the following half month and also who had died during the preceding half month, irrespective of the pl ace of conviction Or r esid ence, shall be obt ained from the j ail by the police officer deputed to prepare the j ail parade report . The P. R . slips of P. R . convicts shall be treated as release notices .
If P. R . slips are not recei ved in ti me, the fact shall be, reported by the Superintendent of Police to the Superintendent of the Jail .
The P. R . slips of P. R . prisoners whose P. R . slips have for any reason not been incl uded in the fortnightl y batch and whose release falls due before the despatch of another batch, shall be sent without delay by the j ail authorities to the Superintendent of Police direct . In cases of non -obser vance of this regulation, the Superintendent of Police shall report the matter without delay to the Superintendent of the Jail concerned, and send a co py of the report to the Deput y Inspector -General, Crimi nal Investi gation Depart ment .
P. R . slips referri ng to other districts shall be for warded to the district concerned for
infor mation . The number and date of despat ch of a P. R . slip shal l be quote d in column 8 of B . P. For m No . 84 . The station officer shall report to the Superintendent a week after the release whether the rel eased convict has returned home . Police Regulations Bengal 1943
P. R . slips of all P. R . prisoners released on bail shall be sent by the Superintendent of Jail to the Superintendent of Police, who shall return them to the j ail if the prisoner is again incarcerated .
(f ) P. R . slips shall be ultimatel y pasted with their corresponding foils in the P. R . slip book. The name of the indentifying warder noted on the P. R . slip shall be transcribed into the court conviction regist er by the Court officer.
Finger prints and photographs of non – Asiatic convicts . [§12, Act V , 1861 . ]
518 . Whenever non -Asiatic convicts are made P. R . under regulation 492, the Sup erintendent shall send their finger print and photographs to the Deput y Inspector -General, Cri minal Investi gation Depart ment, for transmission t o the Director, Intelli gence Bureau, Government of India .
Finger prints of European ex – military prisoners enli sted outside India . [§12, Act V , 1861 . ]
519 . The finger prints of a European ex – militar y prisoner , enlisted outside India, shall invariabl y be taken on receipt of a r equisition from the j ail and furnished to the Superintendent of the Jail for transmissi on along with the appli cation for transfer of the prisoner.
P. R. slips from other districts .
520 . On receipt of a P. R . slip by the Court officer of a resident of his district convicted elsewhere, the Court officer shall at once asc ertain from the police -station in which the convict ‘s home is situated whether infor mat ion of his conviction was supplied by the police of the district in which he was convicted . If it is learnt that this infor mation was not supplied the Court officer shal l at once communi cate with the Court officer of the district of conviction inforfming him of the omission and calling for a copy of the entry in the conviction register.
Juvenile prisoner to be escorted to their homes . [§12, Act V , 1861 . ]
521 . All j uvenile convicts shall, on release, be taken to their homes by the police and handed over to their relations in the presence of t wo respectable residents of the nei ghbourhood . Superintendents of Jails shall send notice of the approaching release of such conv icts to the Superintendent of Police one day previousl y.
Vl . - Chemical examinat ion of exhibits .
522 . (a) Court offi cers shall receive from officers in charge of police -stations or investi gating officers articles intended for chemi cal anal ysis, both in railway and district cases and, after obtai ning the orders of the Magistrate shall send them to the Chemical Examiner for examinat ion with a letter descri bing them (see Appendix XVIII) .
In cases where the cause of death as f ound by the court is not in accordance wit h the Chemical Examiner ‘s report, or where that report is contested, a copy of the j udgment and of the evidence regardi ng symptoms and post – mortem appearance shall be supplied t o the Chemical Examiner, such copies bein g made in the office of the Superintendent .
Period of preservation of viscera . Police Regulations Bengal 1943
5 2 3 . In cases in which viscera have been preserved with a view t o the possible necessi ty of sending them to the Chemical Examiner for examination, the Court officer shall ob tain the order of the Magistrat e who deals with the case whether the viscera should be destroyed, or if not, for how long they should be preser ved .
Stock and materials for preservation of viscera .
524 . Stock and materi als required for the preservation of viscera, etc . , for chemical anal ysis in connection with criminal cases are parts of the medical stores which are kept at ever y district and subdivision . The charge for upkeep is debitable to the Medical Depart ment, but the cost of packing and despatch o f viscera shall be borne by the Law and Justice Budget .
V I I . – Court malkhana and custody of property.
Malkhana or property room .
525 (a) The Magistrate shall provide a secure room in ever y court to ser ve as a malkhana in which all propert y sent to court and taken charge of by the Court Officer shall be kept . In the room shall be a strong box for cash, ornaments, small ar ms, ammu nition . etc .
Both the malkhana and strong box should have good locks, preferably of the tumbler type the keys of which can not be locally made . The keys of the room and of the strong box shall be numbered and kept by the Court Officer who shall be responsi ble for all the property in the malkhana and shall see that no one removes any propert y or tampers with exhibits in cases . Ever y article shall be neatly labelled to tall y with the number in the register. No private propert y of off icers may be kept in t he malkhana . A duplicate key of each lock shall be in the custody of the Superintendent of Police and the number shall be noted in a regist er.
Before going out on tour the Court officer shall make over to the next senior officer not below the rank of Assi stant Sub -Inspector –
the key of the mal khana, and
all exhibits kept in the strong box that might possibl y be r equired during his absence . He should obtain a detailed receipt for these and note the fact in the daily under -trial case report . The key of the strong box shall be made over in a sealed cover to the Second Magistrate .
The exhibits which are handed over by the Court officer, together with valuables or documents that may be recei ved in the Court during his absence, shall be kept in a second strong box in the malkhana . The Court officer shall, on return from tour, examine the contents of the second strong b ox and gi ve a receipt in exchange, noting the fact in his daily report .
Malkhana register. [§12, Act V , 1861 . ]
526 . (a) The Sub – Inspector in charge of the court malkhana shal l keep a register in B . P. For m No . 100 of all property that he is bound by any law or r egulation to take into his possession .
When any propert y is to be gi ven back to the owners the order for return shall be written in column 10 and the authority sanctioning i t shall initial his order. The receipt of the person receiving the propert y shall be taken in the r egister in column 14 .
To avoid harassment, small articles shall be return to owners through officers in charge of police -stations whenever owners express a wish that this shoul d be done . Court officers should ascerta in owners‘ wishes on this point when they come to gi ve evidence . The articles Police Regulations Bengal 1943
will be sent to police -stations through the monthly pay escorts . The officet in charge of the police -station concerned shall obtain the owners’ receipt in duplicate, one copy bei ng sent to the Court officer to be filed in the court malkhan register and t he other copy being kept on record at the said poli ce -station . In the case of heavy articles, the District Magistrate shall deter mine whether the propert y should be returned to th e owners at the expense of the Provincial Government, the cost being met from the Magistrate’s contingent grant, or whether the owners should take back their property from the court . In Sessions cases, where the order of the Sessi ons Judge is required, the Public Prosecutor shall move the Sessions Judge under section 517 of the Code of Cri mi nal Procedure, to pass orders of disposal .
When propert y is no longer required by the courts, such portion of it as consists of cash, bullion, gold and sil ver orna ments, or other valuable articles of small compass, shall be deposited in the treasury, articles other than cash being kept i n a separate small box in charge of the treasurer .
Orders shall be taken to convert perishable unclai med pr oper ty into cash at the ear liest date the law allows .
A list of articles found on the person of an accused by the police shall be forwarded with the case diary or final report of the case in accordance with regulation 322 . The articles shall be sent with the pri soner in charge of his escort Court offi cers shall report to the Superintendent any br each of this regulation .
Court officers shall also see that prisoners hold receipts granted by station officers for such articles .
A separate register for red ink e ntries of pending items of malkhana register shall be maintained and at the end of each year onl y the pending items of that particular year shall be entered in it below the entries of the previous year. As soon as a pr operty is disposed of, the pending ite m shall be struck off from the pending register, as well as from the original register. The Court Inspector at Sadar and the Circle Inspector at the subdi vision shall certify that all out standing entries have been correctly entered i n the pending register and the disposed of items struck off . For ar ms, ammunition, etc . , (see Appendix X IV) .
For arms ammunition etc . , see Appendix X IV.
(i ) In the case of property which has been proclai med under section 523 of the Code of Cri minal Procedure, t he date of ex piry of the period of proclamation shall be entered in the remar ks column of the register. so as to enable the Court officer to obtain orders regarding the disposal of the property.
(j ) The Court officer shall put up his malkhana register for a thorough inspection once a month by an officer of a rank not lower than that of Deput y Superi ntendent, at headquarters, and by the Subdi visional Police Officer or Circle . Inspector, as the case may be at each subdivisional headquarters .
Note . -(i) All Court office rs shall be asked to move Magistrates and Sessions Judges when ordering propert y to be confiscated, etc . , to direct that interesting exhibits, such as articles which indicate new methods of committing cri me, shall be sent to the Deput y Inspector – General, Cri minal Investigation Depart ment, for disposal .
Court officers shall obtain from tr ying Magistrates orders for the preser vation in police custody of fired cartridge cases found at the scene of a dacoity or other cri me of violence . These cases shall be kept properly laballed i n a box in the court malkhana for fi ve years .
Disposal of property of accused.
527 . When a case, in which any person is concerned, is disposed of, the Magistrate’s or ders as to the dispopsal of property fou nd on hi m shall be obtained . In case of imprisonment the Police Regulations Bengal 1943
property shall be sent to the j ailor. If on conviction a fine is i mposed and not paid, a distress warrant shall i mmedi ately be obtained, and the propert y found in possession of the party shall be attached and sold in payment of the fine .
Disposal of Counterfoil Coins and exhibits in note forgery cases . [§12, Act V , 1861 . ]
528 . (a) Court officer s should submit appli cations to Judicial officers when passing or ders under sections 517, 523 or 524 of t he Code of Cri minal Procedure, for the disposal of counterfeit coins or any i mplements, such as punches for repairing dies, dies for striking coins, and moulds for casting coins, to consi der whether the coins or i mplements should not be forwarded to the ne arest treasury or sub -t reasury officer for transmission to the Master of the Mint . The remittance to the Mint should be made through the Deput y Inspector -General, Cri minals Investi gation Depart ment and should be accompanied by a ststement showing the number and date of the case to which the coins or i mplements relate .
The Central Government have ruled that the disposal of exhibit s in a note forger y case is a matter for the decisi on of the court which tries the case . Where t he exhibits are ordered to be delivered to the police for destruction, if any particular exhibits are of special interest and should be preser ved, the court officer should obtain the court ‘s order to send them to the
Deput y Inspector -General, Cri minal Investi gation Depart ment , for thi s purposes .
Weapons deposited in malkhanas . [§12, Act V , 1861 . ]
529 . Rules for the depositing and disposal of weapons in the m a l k h a n a s are detailed in Appendix X IV.
V l l l . – Registers and Records . – Reports and Returns .
Periodical reports and returns .
530 . A list of periodi cal reports and returns due to and from the Court office is gi ven in Appendix X II.
Registers and records
531 . (a) A list of registers and files to be maintained in the Court office is gi ven in Appendix XIII.
In the following r e gulations are gi ven i nstruction regarding certain of the registers and returns not dealt with elsewhere .
Register of papers received and dispatched.
532 . In ever y Court office a register of papers received and despatched shall be maintained in Bengal For ms Nos . 16 and 19 in which only papers not entered i n any othe register such as verification rolls, monthly copies of station cash accounts, etc . , will be recorded .
Daily under- trial case report .
533 . (a) A register in B . P. For m N o . 101 shall be kept in each Court office . Reports should be prepared dail y in duplicate by the Court officer, one copy being sent to the Superintendent and the other remai ning in the Court office . This report will include sessions and badlivelihood cases a nd proceedings under section 514, Cr. P. C . The fact that diet and travelling expenses of prosecution witnesses have or have not been paid, or any delay i n the payment thereof, shal l be entered in column 11, with reasons in case of non -payment or delay. The Superintendent shall submit it to the District Magistrate drawing his attention where necessar y to any points requiring his notice; specially any undue delays in disposal of Police Regulations Bengal 1943
cases, non -payment of diet and travelling expenses to prosecution witnesses, or delay in the payment thereof, by underlining or encircling in red ink the entr ies relating there to . If in spite of repeated entri es no i mprovement is noticed the Superintendent should take the matter up personall y with the District Magistrate . On return from the Magistrate, the reports shall be filed in the office of the Superintendent . Whenever a case is adj ourned owing to non – appearance of a police officer as witness, t he fact and the reason for his non – appear ance shall be noted in column 11 of the for m. If no reason is gi ven, the Superintendent shall call for one which will be shown to the District Magistrate, if required .
Extracts relating to railway police cases shall be forthwith submitted direct to the Superintendent of the Railway Police con cerned who will file them in his office after necessary action .
Register of unidentified persons .
534 . (a) A register in B . P. For m No . 98 of unidentified persons sent up by the police shall be maintained in all Cour t offices . (For d efiniti on of “unidentified,” see regulation 493 . )
When such unidentified person is in custody of the police, details concerning hi m shall be entered in the register by the Court officer.
The names of unidentified persons sent up by the Railway P ol ice shall be entered in the register of unidentified persons by the poli ce officers attached t o the courts in which such persons are tried, and the words ―Railway Police‖ noted in t he remar ks column of the register.
Subdi visional Court officers sha ll at once despatch a copy of ever y entr y made in their subdivisional register s to the sadar Court officer, who shall enter it in the sadar court register a separate part being kept for each subdivision . After the disposal of the case, the Subdi visional Co urt officer shall send copies of the entries in the remaining columns of the for m which could not be previousl y filled up, for entr y in the sadar court register.
When a person is i dentified as a registered member of a cri mi nal tribe or a member of a c riminal tribe who has escaped registration, the fact should be noted in column 9 and in column 12 should be noted the action taken against hi m under the Cri minal Tribes Act, 1924 . When a person concerned in a case of ar ms smuggling is ascert ained to be a s eaman, the words “Seaman -ar ms smuggler” should be noted in red ink in column 12 .
(f ) The name of the district from which t he name, residence and other particulars of an unidentified person ar e ascertained shall invariabl y be noted in column 11, the entr y being worded thus –
“Verified as a resident of such and such a district . “
535 . (a) A register in B . P. For m No . 102 shall be maintained in the Court office, in which all appeals in police cases shall be entered .
The register shall be put up once a week at headquarters before the Superintendent and at subdivisions before t he Subdi visional Poli ce Officer or Circle Inspector, and they shall satisfy themsel ves that proper provision for conducting such cases has been made, and that no failure of j ustice has occurred owing to the Crown not being r epresented . Copies of any entries referring to appeals in cases sent up by the Railway Police shall be sent to the Superintendent of the Railway Police concer ned .
In cases of delay in receipt of the notice of appeal, the matt er shaIl be brought to the notice of the District Magistrate . Police Regulations Bengal 1943
Results of appeal shall be communicated in B . P. For m No . 103 to the officers concerned . Care must be taken by Court officers to see that their connected registers are corrected in accordance with these results .
Magistrate’s general register of cases . [§12, Act V , 1861 . ]
536 . (a) A register in Bengal For m No . 3817 shall be kept in order that the Magistrate having j urisdiction shall see in a convenient for m all cogni zable cases r eported to police and the Magistrate who tries a case shall enter his or ders in the column all otted for this purpose .
Cogni zable cases i n which the Magistrate issues process on complaint made to hi m or of his own motion, but in which no first infor mation has been lai d to the police or enquiry conducted by them, shall not be entered in the register.
( c) The senior Court officer is responsible that the register is properly written up, but in order to leave hi m free to prosecute cases the actual writing of the register and its submission to the Magistrate may be entrusted to the next senior officer below hi m.
(d) On receipt of the first information report of a case the Court officer shall fill in colum ns
1 to 8 of the register, and, after recording on the top of the first information repor t its number in the general register, shall submit it and the register to the Magistrate who will initial column 9 . First infor mation reports of heinous or i mportant cases shall, however, be submitted to the Magi strate immediatel y aft er receipt .
Ever y case which is reported at a police -station during a year no matter when the crime
was committed, shall be entered in the regi ster and shall recei ve a consecuti ve nu mber for that year, even though the first information may not have been received until after the end of the year. The monthl y, consecuti ve number shall also be gi ven below the yearl y number, t hus
( yearl y number) ( monthl y number)
(f ) Cogni zable cas es instituted by complaint or petition to a Magi strate, and referred to the police for investigati on shall also be enter ed in the register, and shown in red ink in the crime compilation sheet .
As soon as the final papers of a case are received by the Court officer, whether a charge – sheet or a final report for m, he shall fill in columns 10 to 14 of the register and again submit it with the final repor t or charge -sheet to t he Magistrate . The Magistrate, if a charge – sheet has been submitted, shall either take the case on to his own file or shall pass orders, t o be entered in column 15 as to what Magistrate is to try the case . If a charge sheet has not been submitted, but a final report, the Magistrat e shall pass such preliminar y order as he may consider necessary, e . g. , for further enquiry or for the complainant to produce his witnesses, and such order shall be entered in column 15, or if no preli minar y order is required he shall pass final orders and enter them in column 16 . The entry in column 16 shall i ndicate clearly how the case is to be shown in the returns, what amount of property is to be entered as stolen and recovered in the khatian register, and how any propert y of which possession has ,been taken by the police is to be disposed of .
When the case has been tried and disposed of, the Court officer shall enter in column 16 the order of the Magi strate as to the commi tment, conviction, acquittal, or discharge of the accused, and obtain t he Magistrate’s initial to the entr y, which should indicate clearl y how the case is to be, shown and, where appr opriate, the other detail s mentioned in clause ( g) above .
(i ) In cases of alleged theft of property in which investi gation has been refused by the police on the ground that the matter in dispute should b e decided by a civil court, propert y should not be shown by the Magistrate as stolen or recovered in the general register. Court officers Police Regulations Bengal 1943
should draw the attention of Magistrates to the above and make entries in the compilation sheet accordingl y.
( j ) The order in column 16 for entr y of the cases in the retur ns shall take one of the following for ms: –
Not investi gated . Enter section
True . Enter sectionIntentionall y false . Enter section
…… Mistake of law. Enter section
Mistake of fact . Enter sectionNon -cogni zable . Enter section …
These represent the cl assification recognised for statistical purposes in Cri me Statement A – I prescribed by the Central Government, and all cases shall be brought under one or oth er of the above classes . Or ders such as “dismissed,” “struck off as f alse,” “doubtful,” are not explicit and do not indicate how the case is to be entered . If a Magistrate, not withstanding, treats a case as doubtf ul, it must be entered i n the returns as tr ue .
The names of all accused persons charged with offence under Chapters X II and XVII of the Indian Penal Code whose real names and residences are not known, shall be underlined in red ink . The names of persons residing outsi de the district shall be doubl y underlined .
(I ) Persons who have been arrested and subsequently released by t he police on bail and have not been required to appear before a Magistr ate shall not be shown as acquitted .
The entries in col umns 10 to 14 relating to a case in wh ich the final report has not been submitted within 14 days from the date of drawing up the first infor mation report shall be made in red ink. Si mi larly, entries in columns 15 and 16, subsequent to a case having been remanded four ti mes, will be made in red ink.
In case in which t he accused are absconding and should be ar rested, a conspicuous red cross shall be made i n the column of remarks, so that it may be easily seen what cases are pending on this account . The various steps taken from ti me to time to cause the appearance of absconders shall be briefly noted .
To ensure absconders not being overlooked, the number of persons charged shall al ways be shown in column 8, and all these persons should be accounted f or in column 12, thus: –
Sent up –Madar Baksh .
Not proved against –S haikh Sali m.
Absconded — Muhammad Ali .
(P) When an offender who has been previously convicted is sent up for trial, the letters “P. C . ” shall be written in red ink in column 12 against his name . If a case ends in con viction, the orders shall be ent ered on conviction and not on expiry of the period allowed for appeal . If a sentence be quashed or modified on appeal, a note of the order shall be made in red ink in the general register to ensure entry of the amended order in the compilation sheets, and infor mation shall be sent to the police -station as required by regul ation 535(d) .
Against the name of any convict regardi ng whom orders under section 565 of the Code ofCri minal Procedure, have been passed, P. R . T. shall be noted in the general regist er inthe column of remar ks . 565 In column 17 the Court officer shall enter a reference to the corresponding entr y in the
compilation sheets and note the date of the despatch of th e final memorandum. Remands shall be noted in column 15 .
(s) All railway cases shall be distinguished by a conspicuous red ink ” R” . Police Regulations Bengal 1943
(t ) At the end of the year charge -sheet cases in which there are absconders shall be shown as pending.
N o n – general register. [§ 12, Act v , 1861 . ]
537 . A register in Bengal For m No . 5449F (B . P. For m No . 104) shall be maintained i n all Court offices wherein all cases in which prosecutions have been i nstituted by the police but no first infor mation reports were drawn up a s well as proceedings under section 514 Cr. P. C . should be entered .
538 . (a) A hajat register in Bengal For m No . 3831 shall Haj at regi ster be kept In each Court office .
The Court officer i n charge of the register shall receive prisoners from police -stations, or from the custody of Magistrates, or Sessions Judges, on convicti on or commit ment to hajat or for release on bail and shall at once enter their names in the register. He shall also on the appropriate page of the register enter the names of all the prisoners to be produced each day before the Magistrate .
It shall be the duty of the j ailor to make over the prisoners with their warrants to the Court officer ‘s guard f or production before t he Magistrate .
Prisoners discharged, or acquitted, shall be released in open court; prisoners remanded, or convicted, shall be sent to j ail with appropriate warrants; and prisoners enlarged, on bail, or on their own recognizances, if present in court shall be released there . In the latter case the Court officer shall obtain the Magistrate’s initials against their names in the harat register in attestation of their release . The Court officer shall see that notification in Bengal For m No . 122 under rule 920 of the Bengal Jail Code is sent to the j ailor on the same day in ever y case of discharge or release of an under -trial prisoner.
Register of Secsions cases . [§ 12, Act v , 1861 . ]
539 . A register of cases committed to the Sessions shall be maIntaIned in the Court off i ce at district headquarters in B . P. For m No . 105 . On the commit ment of a case to the Sessions, subdivisional Court officers shall send intimation with necessar y details to the sadar Court officer for entry in the register. All favourable and unfavourabJe c omments on the conduct of the police, recorded by Sessions Judges and by the Hi gh Court, shall be noted in the col umn of remar k in this regi ster. A cross reference to the court conviction register should be made in column 11 of the register of cases commit ted to the sessions .
Bail – Bond register.
540 . (a) In ever y Court office a register in B . P. For m No . 106 shall be maintained, in which the names of mukhtear s and pleaders who stand surety and the amount of their capacity shall be entered in alphabet ical order. Several pages should be allotted t o each suret y. The register will be maintained by the senior Assistant Sub -Inspector under the super vision of the senior Sub -Inspetor.
On the final disposal of a case, the entry concerne d shall be crossed through by the officer maintaining the register .
When a suret y’s bond is forfeited, the police should obj ect to his being allowed to stand further surety until the amount forfeited has been realised in full . If the bond of a suret y is forfeited more than once, the Court officer should request the Magistrate not to accept further bonds from that surety. . Police Regulations Bengal 1943
Conviction register. [§ 12, Act v , 1861 . ]
541 . (a) A register of persons convicted shall be maintained in all headquarters co urts in B .
P. For m No . 107 .
The names of all persons convicted of the following offences shall be entered in it: –
(i ) Offences or attempt at or abet ment of -under Chapters X II and XVII of the Indian Penal Code, punishable with whipping or with i mpri sonment for three years or upwards .
Personating or attempt at or abetment of a public servant etc . -Sections 170 and 171 of the Indian Penal Code . .
Causing hurt or at tempt at or abet ment of -Section 328 of the Indian Penal Code .
Swindling or attempt at or abet ment of – Section 417 of the Indian Penal Code .
Offences or attempt at or abetment of relating to forger y of cur rency notes or bank notes – Sections 489A, 489B, 489C, 489D of the Indian Penal Code .
(vi ) Cri minal conspir acy, whe n the offence which is the obj ect of the conspiracy is exclusivel y triable by the Court of Sessions – Section 120B of the Indian Penal Code .
Offences mentioned in the schedule to the Indian Cri mi nal Law Amendment Act, 1908 (XIV of 1908), when t he tri al has proceeded according to the provi sions of that Act .
Badli velihood -Sections 109 and 110 of the Code Cri minal Pr ocedure .
Gambling -Sections 3 . 4 and 11 of Bengal Act II of 1867 .
Opium -Section 9 of Act I of 1878 .
(XI ) Ar ms -Sections 19 (a), (c), (I) ; 20 of Act XI of 1878 .
Offences under the Cri minal Tribes Act, 1924 ( vi of 1924) .
Offences under t he Explosi ves Substances Act, 1908 (V I of 1908) .
Offences under the Goondas Act , 1923 (Ben . Act I of 1923) .
(xv ) Offences in connection with political agitation punishable with rigorous i mprisonment for a ter m of one year or upwards .
(xvi ) Offences under the Motor Vehicles Act, 1939 -Sections 116 -118, 123 and 124 ( Act IV of 1939) .
Offences under sections 3 and 4 of the Bengal Cri minal Law ( Industrial Areas) Amendment Acts 1942 .
Offences under section 2 of the Howrah Offences Act (Act XXI of 1957)
Offences under the Telegraph Wires (Unlawful Possession) Act (Act No . LXX IV of
NOTE . -First offender bound down under section 562 of the Code of Cri minal Procedure, shall be treated as convicted, Police Regulations Bengal 1943
Entries shall be made as soon as sentence is passed . It the sentence is quashed or
modified on appeal , necessary corrections shall be made b y noting in the column of remar ks the date and purport of the order of the appellate court . The names of identif ying off icers shall be entered from the record of the cases and from the release notice of the prisoner, which shall be sent to the police -station concerned through the headquarters Court officer.
Convictions at the Sessions shall be registered at the headquarters court of the district from which the case was committed .
At subdivisions entries of convictions shall be made as they occur during the mont h on loose sheets of the printed for m which shall be forwarded to the headquarters court within the first week of the f ollowing month, and f astened into the headquarters register at the end of the entries for the same month .
The convi ction sheets shall be put up once a week for exami nation and si gnatur e at subdivisions before the Sub -di visional Magi strate, and at headquarters before the Magistrate to whom the dut y is made over. The Magistrates shall certif y that the entries in the conviction sheets have been checked with the Magistrate’s general and complaint regi sters and that all necessar y entries have been made .
The completed vol umes of the register, after they are neatly bound, shall be kept in the Magistrate’s record -room or other safe place, the current volume and the index onl y being kept by the Court offi cer in his office under safe custody.
Extracts of entries regarding cri minals residing in another district or changing t heir residence shall be for warded to the sadar Court officer of the district in question for ent ry, in the headquarters court conviction register. After entry the communication shall be returned with a note stating the page and volume of t he register in which the contents have been duly entered . Such extract s shall be sent after orders as to P. R . have been passed when the convict is likel y to be made P. R . or any appeal preferred has been disposed of or the period of such appeal has expired .
(i ) The conviction roll of any person bor n or resident at C handernagore, who has been convicted of any of the offences enumerated above, shall be sent direct to the Magistrate of Police, Chandernagore . Si milar rolls will be recei ved from t he Fr ench authorities in respect of persons born or resi dent in British Indi a, who are convicted of t he same offences .
(j ) All cases in which the real names and residences of persons convicted of offences under Chapters X II and XV II of the Indian Penal Code, are not known, shall be entered in red ink.
P.R.(k) When a convict i s made P. R . ,or by the Superintendent or is ordered by the T,
Magistrate to notif y, after release from j ail, his residence or change of residence undersection 565 of the Code of Cri minal Procedure, the letters P. R . or as thecase may be, P.R. P.R.T. T. 565
shall be entered against his name in the remar ks column in red Ink, and the number of the P. R . slip or the despatch cheque shall be noted in the column “Whether finger print taken” . The classification formula supplied by the Finger Pri nt Bureau on the counterfoil of the despatch cheque shall on receipt be transcribed in the register and communicated to the district where extracts from the conviction register have been sent according to clause (h). Where a person convi cted in a case of a rms smuggling is known to be a seaman, the words “Seaman -ar ms smuggl er” shall also be entered in red ink against his name in the remarks column . Police Regulations Bengal 1943
( l ) Conviction rolls of homeless offenders having previous convi ctions in Calcutta shall be sent to the Commi ssioner of Police, Calcutta, who shall return the rolls with a note that the contents have been dul y entered in his regist er.
Conviction of foreign criminals in coining or note forgery cases to be reported to the Director, Intelligence Bureau.
542 . In coining or not e forger y cases in whi ch an Asiatic not resi dent of India, is convi cted and in which there is reason to believe that the false coins or notes have been manufact ured abroad, the Superintendent shall report the fact to the Deput y Inspector -General, Crimi nal Investi gation Depart ment for transmission t o the Director, Intelligence Bureau, Government of India .
If any forei gn cri minal, whether Asiatic or non -Asiatic, is convi cted in a coining or note forger y case which may arouse international intere st, a si milar report shall be sent for transmission to the Director.
Index to conviction register.
543 . (a) An index to the conviction register for the whole district shall be maintained i n all sadar Courts in B . P. For m No . 108 .
The page, volume and year of the index shall be noted under each man’s name in the conviction register.
At the close of each month, after the subdivisional conviction sheets are recei ved, the sadar Court officer shall prepare an index for the whole district .
Indices for ever y 10 years shall be kept i n bound books .
The sadar Court officer shall search the indices of this register to see if a person sent up has been previousl y convicted or not, and he shall certify on the back of the charge – sheet that he has done so .
(f ) A key explaining the system of indexing will be found in Appendix XXVIII.
Elimination of names of deceased persons and of persons acquitted on appeal .
544 . (a) On receipt f rom station officers of the lists of persons whose names have bee n removed from the convicition register, the headquarters Court offi cer shall, after maki ng the necessary corrections in his register, forward the lists to the Superintendent, who shall satisfy
hi mself that the regist er and indices have been corrected .
Names of persons acquitted on appeal shall be struck off the i ndex as soon as inti mation is received by the Court officer.
Court khatian register (Crime return compilation sheets and instructions for filling up the different columns) .
545 . (a) To facilitate the preparation of the annual cri me statements, a khatian regi ster, composed of compilation sheets in B . P. For m No, 109, shall be maintained at each headquarters and sub divisional court . Each description of cri me or serial number shall have a sheet or sheets for each polce -station .
Cases In which fir st infor mation reports are written are recor ded in the general register of cases, and from t his register shall be gat hered the infor mation for the cri me compilation sheets with respect to such cas es . Cognizable cases instituted by complaint or petition to a Police Regulations Bengal 1943
Magistrate, and refer red to the police for investi gation, are al so entered in the general register, and shall be shown in the khatian register in red ink .
Cogni zable cases under Municipal, Rail way and Telegraph by -laws, section 120 of the Indian Rail way Act, 1890, and section 34 of the Police Act, 1861, vagrancy and bad character cases, Chapter V III of the Code of Cri minal Procedure, etc . , are not reported in first information reports, and consequentl y are not entered in the general register of cases . They are, however ent ered in the Magistrate’s register of cases, in which no first infor mation report is used, and fr om this register shall be gathered the infor mation to enter them in the compilation sheets and in the Annual Statement A, Part I.
The above descri ption of cases shall be entered in the compilation sheets after final orders in each case have been passed .
When entering a case from the general r egister, or from the regist er of cases in which no
first information report is used, the number of entry in column 1 of the compilation sheet shall be noted in the column of remar ks in the register from whi ch the entr y is made, thus creating a link between the registers and the comp ilation sheets .
(f ) District and Subdi visional Magistrates will direct the officer who keeps the regist ers of miscellaneous cases and of non -first infor mation cases to let the Court officer have the books for a short ti me ever y day and to gi ve hi m a note of tho cases decided on the previous day in order that the compilation sheets may be written up .
On receipt of inti mation that an appeal has been lodged, Cour t officers shall write a large ” A ” in red ink on the left hand side of column 1 against ever y case concerned, and when the final result of appeal is known, the necessarry alterations shall be made in the columns regarding convictions or acquittals . In one of the spare columns shall be entered the number of cases and persons acquitted on appe al by the Magistrate, Sessions Judge, or Hi gh Court .
Court officers shal l initial their registers twice; first when they write ” A ” opposite the case, and the second ti me, when they enter the final result of the appeal .
(i ) Column 10 should i nclud e cases in which the police submitted charge -sheets and those the Magistrate called for on his own motion . A case should be shown as convicted when any of the accused sent up is finally convicted of a cognIzable offence by competent court . When a case is acquitted on appeal it should be shown as such in columns 11 and 17, necessary corrections being made in these columns . If a case ends in the conviction of the accused under a noncogni zabl e section, the case shall be shown under columns 4, 6 and 8 of the compilation sheets and the person in column 25 and a spare column for “otherwise disposed of‖ .
Column 11 should include cases sent up by the police and those sent up by order of the Magistrate . Cases in which the accused dies, escapes or is declar ed a lunatic during tril or in which charges are abandoned, compounded or withdrawn (sections 247, 248, 259, 333, 345, 494 of the Code of Criminal Pr ocedure) should not be included in this column . They must be shown in the additional columns provided f or the pu rpose in the remar ks column . Acquittals on appeal will also be shown as such in column 11 if they occur during the year.
Column 29 should include all persons convicted of a cogni zable offence including those dealt with under section 562 of the Code o f Cri minal Procedure, those convicted under a noncogni zable section being shown under a spare column for ―otherwise disposed of‖ .
Columns 28, 29 and 30 are meant f or persons concerned in true cases onl y.
NOTE -At the close of each year the Court officer s hall prepare a statement known as “A”, Part I, in B . P. For m No . 115 from the fi gur es recorded in the crimes compilation sheet s in accordance with the instructions issued for tbe preparation of t he Annual Administration Report . Police Regulations Bengal 1943
Statements of serious crime .
546 . (a) At the beginning of each half year t he Court officer shall prepare statements in B . P. For m No . 110 . The Superintendent shall forward through the Dist rict Magistrate one copy of the statement to the Deputy Inspector -General of the Range and a nother to the Commissi oner of the Di vision to reach them not later than the 10th Januar y and 10th July. The Deputy Inspector -General shal l first check the returns with those of the previous half -year and of the corresponding half year of the previous year, and shall compile a consolidated return for his Range . He shall then prepare a concise revi ew of the fi gures, first criticising and examining the aggregate fi gures of the Range, and ther eafter dealing with any points which may require special notice in co nnection with the returns of any particular district . He shall send a copy of his review to each district in his Range, and two copies of i t to the Deput y Inspector – General, Cri minal Investigation Depart ment , together with the consolidated return for the Range and the district returns . These shall be forwarded so as to reach the Deput y Inspector – General, Cri minal Investigation Depart ment, not later than the 20t h Janhary and 20th July.
On receipt of the reviews of Range Deputy Inspector – General, the c onsolidated Range returns and the dist rict returns, the Deputy Inspector -Gener al, Cri minal Investi gation Depart ment, shall prepare a review in which he shall examine and criticise the figures for the whole provi nce, the figure for each Range, and where nec essary, the fi gures for any particular district . He shall then submit his review to the Inspect or -General and return the district and consolidated Range returns to Deput y Inspector -General, to enable them to compl y with clause (a) above with respect to the return for the fol lowing half -year.
Under the heading ” Burglar y” onl y cases which come under serial No, 29 (i,e . , cases under sections 449 to 452, 454, 455, 457 to 460, Indian Penal Code) and under the heading
“theft” only cases whi ch come under ser ial No . 33 (i,e” cases 379 to 382, Indian Penal Code) of Statement A, Parts I and II, shall be entered including cases not investi gated under section 157(b) of the Code of Cri minal Procedure . An explanation of the fluctuations in burgl aries and thefts shall be gi ven whenever possibl e . The explanation should be supported . by facts; thus when arise in pr ices is adduced as an explanation, the actual prices of grain for the periods under compari son should be gi ven .
Riots attended with murder shall be shown under the head of ―Riots‖ and not of “Murder” . Similarl y, dacoities attended with murder shall be shown under the head ―Dacoity‖ and not “Murder” .
In distinguishing between professional and technical dacoities, the intention, and not the character, of the offenders has to be considered; and the assumption must be that ever y dacoity is professional until it can be shown to be technical . A dacoity committed for the sake of gain is usuall y professional ; a dacoity committed for some ulterior moti ve, e . g . , to enforce a clai m or coerce a raiyat, is technical .
( f ) In each Court Police Office, statistics should be prepared and maintained in fi ve par ts in B . P. For m No . 110A . The statistics form, Part I to IV, shall be kept as a record of cases conducted by each prosecuting officer including the Public Prosecutors . The prosecuting officer shall themsel ves fill up for ms in Parts I and II in repect of their wor k at the end of each fortni ght . The Assistant Sub – Inspector in charge of keeping accounts of Sessi ons and Appeal cases shall similarl y fill up these forms in respect of the wor k of the Public Prosecutors and Assistant Public Prosecutor s and shall maintain f igures in Parts III and IV. The G. R . office shall maintain fi gures in Part V. At the close of th e half year these fi gures are to be totalled up t o get the half yearl y statistics which are to be prepared and submitted along with half -yearl y statement of serious crimes . Police Regulations Bengal 1943
N O T E -In the case of t he Railway Police the returns shall be submitted direct to t he Deputy Inspector -General of the Range concerned . In Railway Police returns, B . P. For m No . 111 shall be used instead of B . P. For m No . 113, but the other returns shall be the same as for the District Police .
Monthly reports of the officers re s p n s i b l e for the upkeep of registers in the Court office .
547 . In order to reduce the number of error s or omissions in the registers maintained in the Court office, officers responsible for the upkeep of the different r egisters shall submit on the first Sunday of e ach month to the Court officer answers to vari ous questions as may be prescribed from ti me t o ti me, concer ning these registers . At subdi visions where there are no Court Inspectors, these reports shall be submitted to the Circle Inspector. The Court officer or the Circle Inspector , as the case may be, shall examine these reports and take steps to rectify any defect or omission that may be di scovered . These reports will not be submitted to the Superintendent unless there is anything t hat needs his attention .
IX . – Cash Account
Court office cash accounts .
548 . (a) A cash account shall be maintained at each Court office in B . P. For m No . 85 . The account shall be kept mutatis mutandis according to regulation 409 . In it shall be, ent ered details regarding the pay of the staff and all other sums of money t hat come into the hands of the court staff . For every sum recei ved by t he Court officer he shall grant a printed receipt cheque, in Bengal For m No . 39, si gned by hi mself, to the person depositing the money.
Ordinaril y speaking the account will be maintained by, the officer in direct charge of the malkhana, but it will be checked along with the station cash accounts by the officer in charge of the Court office and by the Magistrate’s cashier as laid down in clause (c).
On receipt of the monthl y cash account from a police -station, the Court officer shall obtain from the cashier or the cler k in charge of the various cash registers in the offices of, the District Magistrate or the Subdi visional Magistrate, as the case may be a certificate that all sums remitted to t he Magistrate have been dul y accounted for, and after examining the malkhana register and any other relevant papers, he hi mself shall record a certificate to the same effect in regar d to money re mitted to his own office . He shall then transmit the accounts to the Super intendent ‘s office . The audit and comparison with the registers in the District or Subdi visional Magistrate’s office shall, as far as possible, be done by somebody unconnected with t he keeping of the account s . The certificate referred to shall be gi ven i n B . P. For m No . 112 .