Police regulations

Calcutta Police Regulations 1968

CHAPTER  1 TO CHAPTER  17

CHAPTER I

Organisation

1. Interpretations. (Section 3, Bengal Act II of 1866. Section 9, Bengal Act IV of 1866). – In all police regulations framed under section 3 of the Calcutta Suburban Police Act, 1866, and section 9 of the Calcutta Police Act, 1866, unless there is anything repugnant in the subject or context:

(i) The word “Commissioner” means the Commissioner of Police, Calcutta. The functions of the Commissioner may be delegated by him to a Deputy Commissioner of Police except the following which shall be exercised only by the Commissioner –

(a) Issuing of orders under section 144 of the Code of Criminal Procedure, 1898 (Act V of 1898).

(b) Sanctioning prosecution under section 39 of the Arms Act, 1959 (No. 54 of 1959).

(c) Holding of executive enquiry when firing is ordered by a Deputy Commissioner of Police.

(ii) (a) The words “Central Reserve Office” mean a branch of the Calcutta Police Directorate. It functions under the Deputy Commissioner of Police, Headquarters. It deals with matters relating to the enlistment, promotion, increment, transfer, discharge, leave, etc., of the Calcutta Police Force. It issues orders of the Commissioner in connection with the above and maintains records and registers concerning the force.

(b) The words “Reserve Office” mean the branch of the office of a Deputy Commissioner of Police or an Assistant Commissioner of Police which is concerned mainly with matters connected with the equipment, discipline and general management of the force under the Deputy Commissioner of Police or the Assistant Commissioner of Police, as the case may be.

(iii) (a) The words “Central Reserve Officer” mean the Inspector of Police employed on clerical duties in the Central Reserve Office to assist the Deputy Commissioner of Police, Headquarters, in the discharge of the functions described in clause (ii)(a) above.

(b) The words “Reserve Officer” mean the Sub-Inspector of Police employed on clerical duties in the Reserve Office to assist the Deputy Commissioner or Assistant Commissioner of Police in matters mentioned in clause (ii)(b) above.

(iv) (a) The words “Chief Court Inspector” mean the Inspector-in-charge of administration of Police duties in the Chief Presidency Magistrate’s Court, Calcutta.

(b) The words “Court Inspector” or the “Court Sub-Inspector” mean the Inspector or the Sub-Inspector-in-charge of the administration of Police duties in other courts in Calcutta and suburbs, e.g., the Court of the Additional Chief Presidency Magistrate, Calcutta, the Court of the Police Magistrate, Sealdah, and the Court of the Police Magistrate, Alipore.

(c) The words “Police Prosecutor” mean the lawyer appointed by the State Government to conduct Police cases in the Presidency and Suburban Police Courts.

(v) The word “police-station” means a police station as already declared by the State Government under section 51 of the Calcutta Suburban Police Act, 1866, and section 3 of the Calcutta Police Act, 1866, read with clause (s) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898.

(vi) The word “Section” means a police area into which a Police division has been sub-divided under the provisions of section 15A of the Calcutta Suburban Police Act, 1866 or section 21A of the Calcutta Police Act, 1866.

(vii) The word “Subdivision” means a number of Sections grouped into an administrative unit in charge of an Assistant Commissioner of Police.

(viii) The word “sub-section” means a subordinate Police post ordinarily known as an outpost under a Police Section.

2. Limitation of application. – These Regulations are applicable only to the Calcutta Police Force.
3. Branches of the Calcutta Police. (Section 3, Bengal Act II of 1866. Section 9, Bengal Act IV of 1866). – The members of the Calcutta Police Force shall, under the general control of the Commissioner, be attached to one of the following units which is under a Deputy Commissioner of Police:
(i) North and North Suburban divisions.

(ii) Central and Central Suburban divisions.

(iii) South and South Suburban divisions.

(iv) Headquarters Force.

(v) Security Control.

(vi) Detective Department.

(vii) Armed Police.

(viii) Port Division.

(ix) Special Branch.

(x) Enforcement Branch.

(xi) Traffic Police.

(xii) Reserve Force.

4. Divisions, Subdivisions, Sections and Sub-sections. – (a) For the purpose of police administration, Calcutta, and the suburbs have been divided into six divisions, namely, North Division, North Suburban Division, Central Division, Central Suburban Division, South Division and South Suburban Division. There is another unit of police administration in Calcutta which is known as the Port Division. The divisions mentioned above except the Port Division have been divided into Subdivisions. Each Subdivision comprises a number of Police Sections. Some of these Sections have one or more Sub-sections. The Port Division has no Subdivision but has two Sections.
Except in the case of two Police Sections of the Port Division, all other Police Sections are known also by alphabets such as A, B, C, etc., as has been noted against each Police Section in Appendix I.

(b) The distribution of divisions and Sections and the boundaries of each of the Sections are also shown in Appendix I.

5. Administration. – (a) The administration of the Calcutta Police Force is vested in the Commissioner under section 4 of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), section 3 of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866) and section 130 of the Calcutta Port Act, 1890 (Bengal Act III of 1890).
(b) The Divisions, etc., mentioned in regulation 4(a) are controlled by officers as follows:

(i) Division – A Deputy Commissioner.

(ii) Subdivision – An Assistant Commissioner.

(iii) Section – An Inspector or a Sub-Inspector,

(iv) Sub-section – A Sergeant or an Assistant Sub-Inspector/Head Constable.

(c) The Port Division is controlled by a Deputy Commissioner of Police assisted by two Assistant Commissioners of Police.

6. Armed and Unarmed Police. – The subordinate ranks of the Calcutta Police are divided into two district branches, the Armed and the Unarmed Members of the Armed Branch are not attached to Sections. They are grouped into battalions and are striking forces ordinarily maintained for performance of duties requiring the use of arms. They are also employed on guard, escort and picket duties throughout the area under the administrative control of the Commissioner. Members of the unarmed branches are posted to Sections and units for maintenance of law and order and prevention of crime.

7. Rank of Police Officers. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A table showing all ranks of Police officers in order of precedence is given in Appendix II.

8. Alteration in areas. – No alteration in the jurisdiction or the number of administrative areas shall be made without the order of the State Government.
9. Organisation of Divisional Police Force. – The Force allotted to each division is organised broadly to provide staff for Police Sections including Sub-sections, Courts and certain posts involving clerical duties.

CHAPTER II

Relation with other Departments

1. Allegations against Police made (Section 3, Bengal Act II of 1866 and Section 9, Bengal Act IV of 1866). – (a) Whenever an allegation of serious misconduct on the part of a Police Officer comes to the notice of a Police Officer of superior rank, he shall report at once to the Deputy Commissioner and the Deputy Commissioner shall, in his turn, report it at once to the Commissioner.
(b) The Deputy Commissioner shall himself hold a departmental enquiry locally or if he cannot himself hold it, shall direct it to be held by a Police Officer of rank superior to that of the officer complained against. Such officer shall, if the officer complained against be a Head Constable or officer of higher rank, be a Gazetted Officer.

2. Comments by Courts and action to be taken (Section 3, Bengal Act II of 1866 and Section 9, Bengal Act IV of 1866). – When a court of the status of that of Presidency or Police Magistrate or a Court of superior status has recorded its opinion or commented on the conduct of a Police Officer either favourably or adversely, it shall be the duty of the prosecuting officer to obtain a copy of the same and to send it to the Deputy Commissioner concerned who shall cause it to be entered in a register to be maintained in his office for the purpose and known as ‘Register of Comments by Courts’. Whatever action the Deputy Commissioner takes on such comments shall be entered in the register. In cases where the comments are adverse and the Deputy Commissioner finds from further enquiry that it disclose serious misconduct on the part of the officer concerned, corresponding entry shall also by made in the misconduct register maintained by the Deputy Commissioner. The register is to be put up to the Commissioner once a month.
3. Relationship with Public Prosecutors and Government Pleaders. – (a) The Deputy Commissioner shall keep in close touch with the Director of Public Prosecution, Public Prosecutor or Government Pleader in the suburbs of Calcutta and Government Solicitor in the town of Calcutta and shall consult him freely whenever an important or difficult legal question arises which affects the police department.
(b) No fee is payable for taking the advice of the Director of Public Prosecution, Public Prosecutor, Government Pleader or the Government Solicitor.

4. Relationship with Calcutta Corporation officials. – Police Officers shall maintain cordial and friendly relationship with the officers of the Calcutta Corporation and shall render all legitimate assistance to the officers of the Calcutta Corporation in accordance with the provisions of sections 596 and 597 of the Calcutta Municipal Act, 1951 (West Bengal Act XXXIII of 1951).
5. Co-operation with the Trustees for the Improvement of Calcutta. – The following provisions are contained in section 157 of the Calcutta Improvement Act (Bengal Act V of 1911) –
(a) The Commissioner of Police and his subordinates shall be bound to co-operate with the Chairman for carrying into effect and enforcing the provisions of this Act.

(b) It shall be the duty of every police officer who is subordinate to the Commissioner of Police –

(i) to communicate without delay to the proper officer or servant of the Board any information which he receives of a design to commit or of the commission of any offence against this Act or any rule made hereinafter, and

(ii) to assist the Chairman or any officer or servant of the Board reasonably demanding his aid for the lawful exercise of any power vesting in the Chairman or in such officer or servant under this Act or any such rule.

6. Relationship with Excise Officers. – The Police shall fully cooperate with the Excise Officers and shall assist them in the investigation of their cases and receive any accused handed over by the Excise Officer for safe custody and production before the Magistrate.
In important and immediate searches in which prompt Police assistance is required the Excise Officer may call at the Control Room, Lall Bazar, to get the assistance. In such cases the Officer-in-charge of the Control Room shall forthwith inform the Assistant Commissioner of the sub-division in which the said search is to be conducted and supply the required officers and men and the transport. The Assistant Commissioner of the subdivision will arrange with the Detective Department to supply any Detective Officer, if necessary.
The Court Inspector concerned shall according to law have the finger print slips prepared on a request being made by any Excise Officer investigating any Excise case of sufficient importance in which finger prints of any person convicted of such case seem to be necessary.
Surveillance over a convict when considered desirable shall be arranged by the Deputy Commissioner of Excise (Preventive) or Collector of Excise, Calcutta, through the Deputy Commissioner of the Detective Department.
7. Behaviour towards the public. (Section 3, Bengal Act II of 1866 and Section 9, Bengal Act IV of 1866). – (a) No Police Force can work successfully unless it wins the respect and goodwill of the public and secures its cooperation. All ranks, therefore, while being firm in the execution of their duties must show forbearance, civility and courtesy towards all classes. Officers of superior rank must not only observe this instruction themselves but on all occasions impress on their subordinates the necessity for the closest contact with the public.
(b) Rudeness, harshness and brutality are forbidden; and every officer of superior rank must take immediate steps for appropriate disciplinary action against officers and men guilty of such delinquency.

8. Relationship with retired Police Officers. – (a) All serving officers shall keep in touch with retired Police Officers living in their respective jurisdictions and shall attempt to maintain friendly relationship with them. In particular, the Subdivisional Assistant Commissioners and the Officer-in-charge of Police Stations shall seek their co-operation whenever their knowledge or experience is likely to prove useful.
(b) An index of such retired Officers shall be maintained in the Office of the Deputy Commissioner of Police. Headquarters, who shall endeavour to sustain their interest in Police work by extending to them such courtesies as invitations to conferences, ceremonial parades and the like.

CHAPTER III

Direction and Control

1. Powers of the Commissioner. – (a) In exercise of the powers conferred by section 6 of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), and by section 18 of the Code of Criminal Procedure, 1898 (Act V of 1898), the State Government appoints the Commissioner to be a Presidency Magistrate in Calcutta and empowers him to sit singly as a Presidency Magistrate.
(b) The Commissioner is appointed a Justice of the Peace under section 22 of the Code of Criminal Procedure, 1898, by the State Government within the limits of the town of Calcutta.

(c) The State Government vests the Commissioner with the powers of a Magistrate of the First Class in the district of 24-Parganas, to be exercised within the limits of the suburbs of Calcutta. The said powers shall not be exercised by him except so far as may be necessary for preserving the peace, preventing and detecting crime, apprehending and detaining offenders in order to their being brought before a Magistrate and for the performance of any other duties imposed upon him by any law for the time being in force.

(d) In exercise of the powers conferred by sub-section (1) of section 144 of the Code of Criminal Procedure, 1898 (Act V of 1898), the State Government vests the Commissioner with the power to issue orders under section 144 of the Criminal Procedure Code in the town and the suburbs of Calcutta.

(e) The Police-force shall be under the exclusive direction and control of the Commissioner who may from time to time, subject to the (control) of the (State Government) frame such orders and regulations as he shall deem expedient relative to the general government of the force, the places of residence, the classification, rank, distribution and particular service of the several members thereof, their inspection, the description of arms, accouterments and other necessaries to be furnished to them, and all such other orders and regulations relative to the said Police-force as the said Commissioner shall from time to time deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of all its duties.

(f) The Commissioner may at any time suspend or dismiss or inflict any other punishment on any member of the subordinate ranks of the Police-force whom he shall think remiss or negligent in the discharge of his duty or otherwise unfit for the same.

2. General Control by Deputy Commissioners. – It should be the aim of every Deputy Commissioner to see that his subordinates should, on the one hand, feel confident of being given due credit for good work and of receiving a fair hearing and loyal support in all difficulties, and on the other, realise the impossibility of earning his good opinion or of gaining promotion, except by honest work.
He shall keep in constant touch with his officers. He shall be accessible to them and encourage them to discuss their difficulties with him personally. He shall attend office at regular hours as far as practicable, consistent with his outdoor duties, and dispose of his official business there. When enquiries are being made into minor offences of his subordinates he should dispense with written explanations, if possible, and pass short concise orders.

3. Supervision of cases by Deputy Commissioners and others. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A Deputy Commissioner shall supervise the investigation of important special report cases, cases in which the conduct of Police officers working under him appears unsatisfactory and cases in which communal feelings have been or are likely to be aroused.
(b) An Assistant Commissioner shall supervise every important case within his subdivision and he shall visit the place of occurrence and test the evidence in every such case. Similarly, important traffic cases are to be supervised by the Assistant Commissioner, Traffic Police in charge of investigation.

4. Duty of Deputy Commissioners and Asstt. Commissioners in prosecution of cases. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Deputy Commissioners and Assistant Commissioners shall take keen and active interest in the prosecution of cases of all kinds and shall carefully discuss important cases, particularly, cases triable by Courts of Session, with the investigating officers and may obtain the opinion of the Public Prosecutor or Police Prosecutor.
5. Important cases. (Section 3 of Bengal Act IV of 1866) (Section 9, Bengal Act IV of 1866). – The expression “Important Case” in these rules includes any case relating to an alleged offence –
(i) which is a special report case (vide regulation 11);

(ii) which is likely to lead to breach of the peace or to other offences, e.g., a riot, not in itself important, but likely to provoke reprisals;

(iii) in which persons of importance are involved;

(iv) which is of an unusual or striking nature either in itself or because of its modus operandi; or

(v) in which a Police officer is involved, and any case of a class which has been declared in writing by a superior officer to be important.

6. Duties of departmental and subdivisional Assistant Commissioners. (Section 3, Bengal Act IV of 1866) (Section 9, Bengal Act IV of 1866). – An Assistant Commissioner is subject to the control of the Deputy Commissioner, responsible for the supervision, control and general efficiency of the work and functions, both executive and administrative, entrusted to his charge. He is responsible for all matters relating to the discipline and efficiency of the force directly under him and is expected to be in close touch with the condition of work within his charge and be accessible to the members of the public at all times. With the written permission of the Commissioner an Assistant Commissioner may, under the control of the Deputy Commissioner and subject to any written order recorded by him which does not conflict with any law or rule in force, perform any of the duties of the Deputy Commissioner under the Calcutta Police Act, 1866 and Calcutta Suburban Police Act, 1866 or under any rule or order made or approved by the State Government under those Acts. The object for which Assistant Commissioners are appointed is to give the Deputy Commissioner as much relief as possible. They should not be employed only for routine work in the Deputy Commissioner’s office; they should, in addition, be used freely, under the Deputy Commissioner’s direction, for the performance of any of the duties of the Deputy Commissioner which the Deputy Commissioner thinks necessary. The Deputy Commissioner shall define clearly in a divisional or departmental order duly approved by the Commissioner the duties which the Assistant Commissioners shall perform and the sphere of action, if any, allotted to them.

7. Periodical Inspections. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Commissioner may inspect thanas and other offices and units whenever he likes.
(b) The Deputy Commissioner, Headquarters, shall inspect Arms Act Department, Calcutta Mounted Police, Police Training School, Central Reserve Office, Police Transport, Pass Department, Clothing Department and other units that may be under his charge, once a year.

(c) The divisional Deputy Commissioners shall inspect their offices, their Reserve Offices, their Court offices, each police station and outpost under them, once a year. Particular attention is to be paid to see if the officers and assistants are working properly and to ensure that proper use is being made of manpower, that is to say, officers and men are not being wasted on unnecessary and unauthorised duties.

(d) The Deputy Commissioner of Police, Port division shall not only inspect thanas under him and his own office but also inspect all establishments like Ramnagar Camp, Dock Police, River Traffic Police, etc., once a year.

(e) The Deputy Commissioner, Traffic, and the Deputy Commissioner, Reserve Force, shall inspect all their guards, once a year. Particular attention is to be given to see that manpower is not wasted, malpractices, if there be any, are removed and defects that may come to notice are rectified.

(f) The Deputy Commissioners, Special Branch, Detective Department, Security Control and Enforcement Branch, shall inspect their offices and respective Reserve offices once a year. No hard and fast rule can be laid down for these organisations. Here also the Deputy Commissioners shall inspect Reserve Office with a view to satisfying themselves that there is no waste of manpower and that officers and men are being properly deployed and utilised for the performance of duties for which they are meant.

(g) The Deputy Commissioners in charge of Armed Police Battalions shall inspect their Reserve offices as well as each of the Companies once a year.

(h) Assistant Commissioners posted to subdivisions shall inspect their offices, their police-stations and outposts, once every six months.

(i) Assistant Commissioner, Detective Department (Criminal Intelligence Section), shall inspect the Central Malkhana and Assistant Commissioner, Traffic (Non-investigation), shall inspect Traffic Guards and Assistant Commissioner, Traffic Police (Investigation), shall inspect Traffic Police office once every six months.

(j) Assistant Commissioners other than those mentioned above shall inspect offices under them every six months.

(k) Assistant Commissioners of Armed Police Battalions shall inspect Company offices under them once every six months. They should pay particular attention to discipline, turn out, and performance by the subordinate officers in parade and physical training which should be held at their inspection.

8. Matters to be examined at Inspection. – (a) An inspecting officer shall see that the inspections of officers working under him have been regular and to the point, and shall mention this in his inspection note.
(b) An officer can dispose of many matters more effectively on the spot during an inspection than at Headquarters by written orders. The inspecting officer shall keep a file of such matters for each police station or office and deal with them when he inspects the station or office.

(c) In making his inspections, the Deputy Commissioner shall be careful to observe the extent of the supervision and control exercised by the Assistant Commissioner and the nature of his inspection. The Assistant Commissioner of a subdivision being in charge of a small area as compared with that of a Deputy Commissioner, is expected to possess a detailed knowledge of the locality, the people and the officers. Similarly, the Assistant Commissioner in a department being in direct charge of the working is supposed to have a detailed knowledge of his office and officers. Serious defects in the state of discipline or in the character of the work done in the subdivision or the department therefore imply a failure of duty on the part of the Assistant Commissioner, unless he can show that he has already done his best to correct what is wrong. This responsibility shall ‘always be brought home to him. The inspection by an Assistant Commissioner must be thorough and contain all necessary details.

(d) As the area under an Assistant Commissioner is smaller than that under a Deputy Commissioner his inspections shall be more detailed and thorough than those of the Deputy Commissioner. It is his duty at an inspection not to criticize but to help, to instruct and to act. He should, therefore, when inspecting a police-station –

(i) first, acquaint himself with the local circumstances by examining the available records;

(ii) next, help the officer-in-charge in dealing with the problem disclosed by the examination, and ensure co-ordination between the officers of the police stations and Criminal Record Section of the Detective Department in matters of crime.

(e) Assistant Commissioners and officers of higher rank shall frequently examine the staff of police posts including Court offices as to their knowledge of rules regarding lock-up and treatment of prisoners and the knowledge of musketry course of the trained men, if any. Prisoners who may be in the hajat when a police post or Court office is visited should, if time permits, be given an opportunity of making representations regarding their treatment if they wish to do so. When inspecting police posts and Court offices, officers by an inspection of the records and otherwise, shall ascertain as far as possible whether the rules mentioned above have been followed and should note the result in their inspection notes. They shall, in particular, when occasion offers, make enquiries to ascertain whether prisoners while in hajat have been properly treated.

9. Inspection notes. – (a) Inspection notes shall be brief and to the point without elaborate reviews of crime or long complimentary or condemnatory remarks.
They shall be largely a record for the information of superior officers and the guidance of subordinates, of errors and omissions detected and of orders issued. Defects shall be noted one by one under serial numbers and brief remarks made about each.
(b) Inspections should be helpful. Inspecting officers therefore shall not merely record the defects they have noticed but shall explain them carefully to the officers whose work is being inspected and show them how improvement can be secured.

They shall make it clear that the object of an inspection is not merely to look for faults and defects but to give the inspecting officer and his superior a clear idea of the position as regards crime and criminals and the general administration of the unit and to give the officers whose work is being inspected the benefit of the wider views and greater experiences of the inspecting officer.
(c) All Inspecting officers must realise that they are responsible not only for issuing necessary orders but for seeing that they are carried out; they shall invariably ascertain and state whether the remarks made at the preceding inspection have received due attention. If they have been neglected, the officers at fault should be brought to account. The Deputy Commissioners shall record the date of their last inspection and also mention whether the inspections by Assistant Commissioners have been regularly made.

(d) Registers, records, clothing, equipments, furniture and buildings, shall be examined in order to see that they are in good order, that rules are observed, that economy is practised and money well spent, that correspondence and orders receive prompt attention, that registers and papers are duly classified and that old papers are not allowed to accumulate.

(e) When inspecting police-stations, Inspecting officers shall pay particular attention to the following points :-

(i) the conduct and quality of investigations,

(ii) the steps taken for the prevention of crime,

(iii) the collection of information about criminals,

(iv) the progress and control of crime,

(v) agents and the expenditure of secret service money,

(vi) the local knowledge of officers,

(vii) the number of court processes and other papers received and dealt with and the amount of miscellaneous work done.

(viii) the discipline of the force,

(ix) co-operation with the public,

(x) the state of the sherista, and

(xi) the accommodation.

(f) At the end of each inspection note of a police-station, outpost or Court office the Deputy Commissioner or the Assistant Commissioner, as the case may be, shall note any exceptionally good or bad work done by officers.

(g) A copy of Inspection notes of the Deputy Commissioner shall be sent to the Commissioner, portions that need his attention being sidelined. Assistant Commissioners shall submit their Inspection notes to their Deputy Commissioners who shall send the same with their comments to the Commissioner, when necessary.

10. Use and misuse of statistics. – (a) Statistics are of considerable value, provided that intelligent use is made of them and figures are not taken at their face value in that they would indicate that a certain type of criminals or a certain locality needs special attention and that the work of certain officers needs special scrutiny.
(b) It is most important, however, not to attach any undue importance to statistics and not to use them as the chief means of appraising work, as this may make the subordinate officers believe that credit can only be gained by maintaining a high percentage of convictions and a low return of crime. The award of praise or blame solely on the basis of statistics is dangerous and may be unfair.

(c) To judge an officer’s merit it is necessary to scrutinize most carefully the work he has actually done and the circumstances, whether favourable or unfavourable, in which he had done it.

11. Special Reports. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The following cases and any other cases which the Commissioner so directs shall be Special Report cases :-
(i) Dacoity, making preparation or attempt for commission of dacoities.

(ii) Mail robbery, highway robbery, robbery in which motor vehicles or firearms are used, house robbery.

(iii) Burglaries and thefts in which property of considerable value has been stolen (Divisional Deputy Commissioners will decide if such cases will be made Special Report cases).

(iv) Defalcation or loss of public money of considerable value in the custody of the Police Department.

(v) Theft, loss or find of arms, ammunition and explosives.

(vi) Cases under the Explosive Substances Act, 1908, in which subversive movement is suspected.

(vii) Couterfeiting, forging and professional uttering of coins, stamps and notes and being in possession of such coins, stamps and notes.

(viii) Professional drugging.

(ix) Murders (a) committed for gain or (b) which bear political or religious significance or (c) which are unusually heinous.

(x) Firing on mobs or individuals by the Police.

(xi) Riots due to religious or political causes, or of special importance or interest.

(xii) Clashes between troops and civilians.

(xiii) Serious assaults on Police officers.

(xiv)Important seizure of unlicensed arms, ammunition and explosives but not cases arising from failure to renew licenses under the Arms Act, 1959.

(xv) Professional swindling and conspiracy to commit the same.

(xvi)Escapes from police custody in connection with crimes of serious nature.

(xvii) Important industrial strikes.

(xviii)Any matter of public importance which the Deputy Commissioner thinks should be specially reported.

Note. – Technical robberries and dacoities in which professional criminals are not concerned, shall not be specially reported.

(b) Special diaries (including supplementary diaries) on such cases (other than those of which the Detective Department takes direct cognizance or which it controls) shall be written in triplicate and the investigating officer shall send a copy (i) in cases of a subversive or political nature to the Deputy Commissioner, Special Branch, and (ii) in other cases to the divisional Deputy Commissioner.

(c) A register of Special Report cases shall be maintained by each Deputy Commissioner and by the Deputy Commissioner, Detective Department. The register of the Detective Department shall contain the Special Report cases of the whole of Calcutta and shall be put up to the Deputy Commissioner weekly. Entries in all Special Report registers shall be given an annual serial number. Each divisional register shall have its separate serial number.

(d) In all their Special Report Cases, divisional Deputy Commissioners shall send to the Deputy Commissioner of Police, Detective Department, within 24 hours of the reporting of a case, a first report containing a brief account of the case and the result of the investigation up to the time of the report. Subsequently, reports detailing progress of the investigation shall be sent every fortnight till the case is either sent to Court for trial or otherwise disposed of. Once a case is sent up for trial, fortnightly reports shall be discontinued, but reports shall be submitted, if there are important developments in course of the trial and on the completion of each stage, such as, committal or conviction. The Deputy Commissioner, Detective Department, shall maintain a separate file for each Special Report case and shall put up the important reports to the Commissioner.

(e) In Special Report Cases taken over by the Detective Department, the Deputy Commissioner, Detective Department, shall prepare the reports and shall send copies of them to the divisional Deputy Commissioners concerned.

(f) In Special Report Cases of which the Detective Department takes direct cognizance, the Deputy Commissioner, Detective Department, shall prepare all the reports.

(g) The Deputy Commissioner, Special Branch, shall prepare the Special Reports of cases of a subversive or political nature and shall send reports as laid down in clause (d) direct to the Commissioner and copies of them to the Deputy Inspector-General, Intelligence Branch, West Bengal. He shall inform the Deputy Commissioner, Detective Department, of the institution of such cases.

(h) All Special Reports shall be concise, to the point, and shall contain –

(1) all details ascertained up to date regarding the commission of the offence or information regarding the progress and quality of the investigation, a brief account of the case and the result of the investigation up to the time of the report;

(2) both the name and the designation of any officer of or above the rank of Sub-Inspector who is mentioned; and

(3) the name, father’s name and residence of any person arrested or suspected.

(i) Special reports on cases of crime against property and of murder and of drugging for gain shall also contain –

(1) translations of all confessions, subject, to the exceptions below :-

Confessions for the purpose of this regulation include statements of a confessional nature made to the Police, to Magistrates or any other person in authority. Statements of a confessional nature, however, that are obviously false, lacking in verifiable details or repetitions of previously submitted confessions shall not be included. Divergencies, i.e., discrepancies, omissions or additions of interest, between a confession, recorded by a Magistrate and a confessional statement made by the same person to anybody else shall be duly commented upon in the special report with which the confession is forwarded;
(2) information whether the suspects or convicts belong to any gang; and

(3) full particulars of the modus operandi.

(j) Special reports on coining cases shall, if any instruments or materials for counterfeiting coin be found in any place within or near a house, contain an exact description of that place and of instruments and materials found.

(k) Special reports on note forgery cases shall contain a note on the following:

(i) presence or absence of water marks,

(ii) the defect that may be noticed in the size of the forged note, markings, size of printed design, water mark, paper, colour used on notes, the variations in register i.e., the accurate positioning of one plate printing over another, numbering, quality of printing, etc.;

(iii) presence of stapling marks on forged notes;

(iv) details of the number and serial of the forged note.

(l) All special reports should be regarded as documents belonging solely to the Police and open to perusal only by the Assistant Commissioner and his superior officers and by any person specially authorised by the Assistant Commissioner to have access to them. The officer in whose custody special reports are kept shall be held responsible for their safe custody.

12. Complaints against Police officers. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (1) (a) If a complaint (whether cognizable or non-cognizable) against any police officer is made in Court, the Court Police officer shall report it to the Reserve officer concerned who shall enter it in the Misconduct Register (see below).
(b) If a complaint against any police officer is made at a police-station the Officer-in-charge of the police station shall send a copy of the relevant General Diary entry to the Reserve Officer concerned and shall note in the General Diary that he has done so. The Reserve Officer shall enter the complaint in the Misconduct Register and return the papers to the police-station after noting therein the page numbers of the Misconduct Register.

(c) If a complaint against any police officer is made to the Commissioner or a Deputy Commissioner or an Assistant Commissioner direct it shall be sent to the Reserve Officer concerned for entry in the Misconduct Register.

(d) Enquiries into complaints against officers of and below the rank of Subedar Major/Subedar/Jemadar or Assistant Sub-Inspector, or Head Constable shall be made by an officer not below the rank of Inspector and into complaints against officers of higher rank by an Assistant Commissioner or Deputy Commissioner.

(e) It is essential, that enquiries should be thorough, and prompt and that Deputy Commissioners should pay particular attention to them.

(f) Whenever a police officer is prosecuted the Deputy Commissioner concerned shall make a recommendation to the Commissioner whether or not proceedings should be drawn up against him.

(2) Misconduct Register. – Registers for both major misconduct and minor misconduct should be maintained in the form given below by the respective Reserve Officers Register for major misconduct shall also be maintained centrally in the same form by the Central Reserve Officer who shall put up the register showing the intermediate stages of importance in each case as envisaged in clause (i) below once a month to the Commissioner.

Serial No.

1

Name and rank of officer complained against.

2

Name of the complainant.

3

Gist of the complaint.

4

Brief History of the case.

5

Date of institution of case, if any.

6

Judicial result.

7

Departmental action, if any.

8

Remarks.

9

(i) The following classes of cases against the Police shall be entered in the Major Misconduct Register and the Deputy Commissioner shall specially report such cases to the Commissioner and deal with them properly :-

(a) all cases likely to give rise to public comment, in which accusations of ill-treatment or torture are made against members of the force;

(b) other criminal charges likely to occasion public comment;

(c) all civil suits instituted against Police officers in connection with acts done in the discharge of public duty;

(d) all cases in which comments are made in judgment by Courts on the conduct of the Police which are of special significance, or suggest that an officer of or above the rank of Sub-Inspector has connived at or been guilty of extortion, bribe taking or any other serious offence.

Intermediate stages of importance in all cases and the final decision shall be similarly reported to the Commissioner.
(ii) All cases which do not fall within the category of the cases of the nature described in (a), (b), (c), (d) of (i) above but which subsequently become the subject of serious public or press comments are to be entered in the Major Misconduct Register.

(iii) If the complaint is found false that shall be stated in the ‘Remarks’ column adding whether the complainant was or was not prosecuted. If no prosecution was started the reasons shall be noted; if a prosecution was started the result of the case shall be recorded.

Departmental action shall be noted in column 8, and in case no departmental action is taken the Deputy Commissioner shall record in the ‘Remarks’ column a finding with his reasons as to the merits of the case.
(iv) (a) The first report, which will be drawn up mutatis mutandis, on the lines of a special report shall be submitted without delay, and shall contain the facts of the alleged misconduct or a copy of the complaint with a note as to the action which is being taken. The next report shall contain an impartial statement of the facts ascertained after such enquiry as may be conducted under the provisions of these regulations. In the case of a criminal or civil suit, the report submitted after enquiry shall include an expression of the opinion of the Deputy Commissioner concerned as to whether or not the officer concerned should be defended at the cost of the State Government or his expenses refunded to him.

(b) The Deputy Commissioner shall scrutinise the reports submitted by his Assistant Commissioner, direct enquiries, when necessary, and in most serious cases conduct personal enquiries.

(c) The Commissioner, on receipt of such reports, may mention the matter to the State Government.

Note – Deputy Commissioners must be careful to distinguish these cases from the usual special report cases. The latter refer to crime only, whereas the former refer to the misconduct of Police officers.

(d) The Deputy Commissioner shall go through the record of every case brought against a Police officer in the Courts, and shall take departmental cognizance of every criminal case in which a Police officer is convicted or acquitted or discharged (except when the case is false) and record his order in writing.

(e) The Major Misconduct Register shall be put up before the Commissioner with up-to-date details once a month personally by the Deputy Commissioner.

(f) All other cases which do not fall within the purview of those mentioned in (a), (b), (c) and (d) of item (i) above are to be entered in the minor Misconduct Register. The Minor Misconduct Register shall similarly be placed before the Commissioner once a month.

13. Matters with which Dy. Commissioners should deal personally. – (a) The Deputy Commissioner shall personally deal with the following matters, namely –
(i) proceedings against Inspectors;

(ii) the posting and transfer of all officers of and above the rank of Assistant Sub-Inspector,

(iii) important correspondence with higher authorities;

(iv) holding orderly room at least once a week;

(v) all matters of importance.

(b) The Deputy Commissioner shall himself pass orders about the major punishment of Police officers of and below the rank of Sub-Inspectors.

(c) The Deputy Commissioner shall personally –

(i) supervise important cases as often as possible; and

(ii) deal with important confidential matters invariably.

14. Cases to be supervised by Divisional Deputy Commissioners. – A Divisional Deputy Commissioner shall personally supervise all serious eases in which racial and communal feelings have been or are likely to be aroused.
15. Investigation and trial of cases after a riot. – (a) Whenever there has been any outbreak of rioting, the Deputy Commissioner shall, if necessary, reinforce the local investigating staff and arrange the work so that officers investigating cases arising from the riots can devote undivided attention to them.
(b) He shall also see that investigations are completed without unnecessary delay and that persons against whom no evidence is forthcoming should not be unnecessarily detained.

(c) He shall, also, if necessary, reinforce the prosecuting staff and, if police prosecutors are not available for this purpose, approach the Commissioner (through Deputy Commissioner of Police, Detective Department) to move the Legal Remembrancer for the engagement of legal practitioners as public prosecutors. It is essential that the prosecuting staff detailed for such cases should be sufficient to give undivided attention to them.

(d) He shall also see that prosecuting officers move the Magistrates for early trial of such cases, and that they communicate the dates of hearing to the investigating staff, so that all necessary witnesses appear before the Courts on those dates.

(e) The Commissioner should consider whether an additional or special Magistrate is required to deal with cases arising out of the occurrence and move the State Government to appoint such a Magistrate, if required.

(f) If an application is made under section 526 of the Code of Criminal Procedure, 1898, and if it is considered that it should be opposed, the Commissioner shall immediately send to the Legal Remembrancer clear and full instructions for the Counsel who will oppose it.

16. Supervision of criminal investigation. – (a) An officer supervising the investigation of a criminal case should satisfy himself that –
(i) the investigation is being pushed through without delay;

(ii) the investigation is thorough, i.e., that clues are not overlooked or important lines of enquiry neglected;

(iii) investigating officers do not work mainly for confessions or rely too much on any that are made, and that they use no sort of pressure and offer no sort of inducement to obtain confessions;

(iv) the subordinate Police are working honestly;

(v) the public are properly treated; and

(vi) the prescribed procedure is followed.

(b) The methods to be adopted by supervising officers are –

(i) visits to the place of occurrence at various stages of the investigation and personal examination, if necessary, of witnesses;

(ii) careful scrutiny of special diaries and other papers connected with the investigation; and

(iii) examination of crime registers and other records at the police station.

(c) When a supervising officer discovers mistakes or omissions on the part of an Investigating Officer, he should point them out to him and should not call for a written explanation unless it appears likely to be necessary to inflict punishment.

(d) A Deputy Commissioner has power to order an officer attached to any police station in the division to investigate a case that should ordinarily be investigated by the Officer-in-charge of another police station in the same division.

17. Withdrawal of cases. – Although any Police Prosecutor conducting a prosecution with the permission of a Magistrate is authorised by section 495(2) of the Code of Criminal Procedure, 1898, to withdraw from the prosecution he should not normally do so without consulting the Deputy Commissioner.
18. Withdrawal of prosecution by Public Prosecutors. – A Public Prosecutor appointed for the conduct of a Police case may consult the Deputy Commissioner before exercising the power conferred upon him by section 494 of the Code of Criminal Procedure, 1898, to withdraw from the prosecution.

19. Applications for revision and appeal. – (a) If in the opinion of the Deputy Commissioner the punishment inflicted in any case is strikingly inadequate or the discharge or acquittal of any accused person has not been proper, he will immediately call for a copy of the judgment, copies of deposition of witnesses and scan the evidence in the light of the case diary. If the Deputy Commissioner feels that there has been a miscarriage of justice he will place all the records before the Public Prosecutor, Calcutta, or the Public Prosecutor, 24-Parganas, or the Director of Public Prosecutions, West Bengal, for his considered advice regarding the filing of an appeal. If an appeal is recommended, the papers should be immediately sent to the Commissioner through the Deputy Commissioner of Police, Detective Department, for taking up the matter with the Legal Remembrancer. Care should be taken to ensure that preliminary steps are completed with the utmost expediency and in any case within 30 days from the date of judgment, so that there is sufficient time for the Legal Remembrancer to apply his mind to the matter and the appeal does not become time barred.
(b) When any Court passes a stricture on the work of any police officer, the Deputy Commissioner under whom such police officer is posted, should go through the relevant documents, obtain the explanation of the police officer involved and get the comments of the prosecuting officers. The police officer at fault should be suitably dealt with and the faults of the prosecuting officers should be brought to the notice of the Commissioner through the Detective Department.

(c) Action under clauses (a) and (b) should be taken promptly so that action may be taken within the prescribed time-limit.

20. Custody of special diaries. – (a) Only the following officers may see special diaries :-
(i) the Investigating Officer;

(ii) the Officer-in-Charge of the police station;

(iii) any police officer superior to such Officer-in-charge;

(iv) Public Prosecutor, Police Prosecutor, Court Inspector or Court Sub-Inspector;

(v) any other officer or person authorised by the Deputy Commissioner.

(b) Every Police officer is responsible for the safe custody of any special diary which is in his possession.

(c) Every special diary shall be treated as confidential until the final disposal of the case, including appeal, if any, or until the expiry of the appeal period.

(d) A special diary shall be kept under lock and key and when sent by one officer to another, shall be sent in a sealed cover directed to the addressee by name and superscribed ‘Special Diary’. A special diary sent to the Court office shall be addressed to the senior Court Officer by name in a sealed cover.

(e) Covers containing special diaries received in the Court office may be opened by any officer specially authorised in writing by the Court officer or by a superior officer.

(f) Every Investigating Officer shall be provided with a deed box and every Assistant Commissioner and Court officer with a suitable receptacle, in which to keep special diaries under lock and key.

21. Gazette. – (a) The Calcutta Police Gazette is intended for official use only and is published daily excepting holidays and is circulated to all superior officers, departments, thanas, police posts and Courts.
(b) All police officers are expected to acquaint themselves with all matters concerning them that may appear in the issues of the Gazette. Every officer who receives a copy of the Gazette should therefore be careful to communicate to such of his subordinates as are unable to read it those matters that concern them; and inspecting officers shall test their subordinates in their knowledge of such matter.

22. Contents of Police Gazette. – The following matters shall be published in the Calcutta Police Gazette :-
(1) Orders, instructions or directions by the Government regarding the Calcutta Police.

(2) All important orders by the Commissioner.

(3) Notices regarding identifiable property lost or stolen or seized on suspicion by the Police.

(4) Notice regarding –

(a) absconders and notorious criminals lost sight of or wanted by the police.

(b) suspicious individuals arrested by the police but who may be wanted elsewhere.

(5) Notifications by the Arms Act Department and notices regarding loss or recovery, of arms and ammunition.

(6) Notices issued by the Public Vehicles Department regarding missing or suspicious driving licenses or cancellation of such licenses.

(7) The timing in the Calcutta mosques of daily congregational prayer hours and its variation as required by the change of season.

(8) Notices regarding deserters.

(9) Departmental notices and instructions of general interest to the force.

(10) Brief accounts of clear detection and other good work and of interesting cases.

(11) Important rulings in criminal cases.

(12) Miscellaneous notices.

(13) (a) Matters relating to rewards and commendations as will be ordered by the Commissioner or the Deputy Commissioner.

(b) Punishments to Police officers as will be ordered by the Commissioner or the Deputy Commissioner of Police.

(14) Notifications regarding the forfeiture and prescription of various publications under different Acts.

The Deputy Commissioner of Police, Detective Department, shall be in general charge of the Gazette Section of the Calcutta Police and the matters which are published in the Calcutta Police Gazette shall receive his approval before publication.
Each department/unit/than a shall preserve the gazette in bound volumes. Each volume shall contain gazettes for six consecutive mouths. These records will be classified as Permanent.

23. Confidential reports on Deputy Commissioners. – Confidential reports on IPS officers employed as Deputy Commissioners and on Assistant Commissioners officiating as Deputy Commissioners should be prepared in April each year by the Commissioner in triplicate in West Bengal Form No. 5221. The original should be sent to Government in Home (General Administration) Department and a copy to the Inspector-General of Police, West Bengal.

24. Confidential reports on Assistant Commissioner. – Confidential reports on Assistant Commissioners should be prepared in April each year by the Deputy Commissioner in West Bengal Form No. 5221 and submitted to the Commissioner for the recording of his remarks.

25. Confidential reports on subordinate Police Officers above the rank of Assistant Sub-Inspector. – (a) Confidential reports in West Bengal Form No. 5321 shall be maintained in book form for –
(i) Police officers above the rank of Assistant Sub-Inspector, and

(ii) Assistant Sub-Inspectors appointed to act as Sub-Inspectors or given powers of investigation.

(b) Subject to clause (d) below, entries shall be made in such book –

(i) in the month of April of each year;

(ii) when the officer concerned is transferred outside the division or Unit,

(iii) when the Deputy Commissioner is transferred,

(iv) when the officer officiates in a higher appointment, at the end of the officiating period, unless the Deputy Commissioner of Police considers it probable that the officer will again officiate in the same calendar year, in which case one general entry shall be made at the end of the year, and

(v) when the Commissioner so orders.

(c) Confidential report books shall be kept by the Deputy Commissioner of the division or of the department as the case may be under lock and key and a second book shall not be opened for any officer until the first book is completed. When an officer is permanently transferred to another division or department his confidential report shall be sent to the head of that office.

(d) Ordinarily, a Deputy Commissioner shall not make any entry in the confidential report book unless he has been at least six mouths in a division or unit or has formed a definite opinion regarding the work or character of the officer.

26. Remark in confidential reports to be well considered. – All remarks in a confidential report shall be well considered and moderate in tone. Sweeping condemnations and imputations bused on mere rumour, which cannot he substantiated, shall be avoided. Any strongly unfavourable opinion shall be justified by reference to the circumstances and facts bearing upon it; and the officer recording such opinion should consider whether it would not be best to draw up proceedings and call upon the officer concerned to answer the charges framed.

27. Entries in confidential report book of subordinate police officers above the rank of Assistant Sub-Inspectors. – The following shall be entered against item 12 of West Bengal Form No. 5321 :-
(i) Particulars of any case in which the officer has been criminally convicted or in which having been put up to trial has been finally discharged for want of evidence but not of any in which he has been fully exonerated and acquitted;

(ii) Particulars of any civil suit in which the decision adversely affects his character as a police officer, and

(iii) Particulars of any case in which there has been a judicial comment leading to an entry in the officer’s service book.

28. Confidential report books shall be sent to the Commissioner. – (a) Deputy Commissioners shall send to the Commissioner (by name) in April each year, copies of the confidential report books of all confirmed Inspectors including officiating Assistant Commissioners.
(b) As soon as an Inspector is confirmed in the rank of Assistant Commissioner the original confidential report book of that officer should be sent to the Commissioner for record.

29. Confidential report books shall be sent to the Deputy Commissioner of Police, Headquarters. – Deputy Commissioners shall send to the Deputy Commissioner of Police, Headquarters (by name) in April each year copies of the confidential report books of the following officers :-
All Sub-Inspectors and Sergeants (whether officiating as Inspectors or not) whose names are borne on lists 1 and 2 of Sub-Inspectors and Sergeants fit to officiate as Inspectors.
Note – Annual remarks in confidential report books are to be recorded normally for the financial year; that is to say, from the period from the 1st of April to the 31st of March next year.

30. Confidential report to state defects already brought to notice. – When an officer makes any unfavourable remarks in confidential report he shall always state specially whether the defect remarked upon has already in any other connection been brought to the notice of the officer concerned.
31. Communication of unfavourble remarks made in confidential report. – In order that an officer may be in a position to rectify his shortcomings, unfavourable remarks recorded in his confidential reports or on other occasions should be communicated to him. While considering whether remarks should be communicated, officers should observe the following principles :-
I. When a report is built upon the individual opinions of the different departmental superiors in gradation it is only the opinion as accepted by the highest authority which need be considered from the point of view of communication.

II. Remarks should not be communicated to the officers –

(1) if the highest authority to whom they have been submitted, suspends judgment on them;

(2) if they are in reply to enquiries whether the officer who has not been well reported on previously has improved and is fit for promotion or whether an officer is fit for a particular appointment, unless the authority for whom the reply is ultimately intended considers that facts or allegations contained in them should be communicated to such officer;

III. Remarks made about an officer of and above the rank of Assistant Commissioner other than an officer on deputation to another department should not be communicated to such officer except by or under the orders of the Commissioner. Remarks on an Inspector, Sergeant, Sub-Inspector or Assistant Sub-Inspector should not be communicated to him except by or under the order of a Deputy Commissioner of Police.

IV. Normally, adverse remarks should be verbally brought to the attention of the officer concerned by the Deputy Commissioner and a note recorded to that effect.

32. Confidential character rolls of clerks. – The head of each office shall maintain confidential character roll for each clerk in B. P. Form No. 3. The instructions for the maintenance etc., of the confidential report on police officers shall apply mutatis mutandis in the maintenance etc., of these character rolls.
33. Loss of confidential report book or character roll to be reported to the Commissioner. – (a) The loss of any confidential report book or character roll shall be reported immediately to the Commissioner and the Deputy Commissioner shall have a searching to enquiry made into such loss. He shall report the result to the Commissioner.
(b) If the confidential reports are those of an Inspector or of an officer whose name is on the list of those approved for promotion to Inspector’s rank the Deputy Commissioner shall reconstruct the book by reference to Deputy Commissioner, Headquarters, or the Deputy Commissioners under whom the officer served during the past 10 years.

(c) If the case does not fall under clause (b), the Deputy Commissioner shall open a new book with a signed statement regarding the loss and the result of the enquiry made.

CHAPTER IV

Privileges and General Instructions.

I – Privileges

1. Presentation at President’s levees. – The following police officials are eligible for presentation to the President of India at a levee, namely :-
(i) all officers of the Indian Police and the Indian Police Service, and

(ii) all officers holding any award from the President of India.

2. Privileges of Sub-Inspectors. – Sub-Inspectors when appearing before officers superior to them in rank are, by virtue of their office, entitled to the courtesy of a chair, except when appearing on strictly formal official occasions, such as –
(i) at orderly room,

(ii) in court,

(iii) when making an official report, and

(iv) when putting up registers or papers for signature or order.

3. Participation in beneficent public activities. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Subject to the provisions of regulation 4, police officers shall always be ready to assist beneficent public activities, provided that no interference is thereby caused to their duties and functions as police officers. An officer of, and below the rank of an Assistant Commissioner shall invariably obtain the consent of the Deputy Commissioner under whom he is serving, before accepting any office in any local committee and, if at any time the Deputy Commissioner so directs, shall forthwith resign from such office.
4. Collection of subscriptions and asking for money. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Police officers of all ranks are forbidden to ask for money or to collect subscriptions from the public for any purpose whatsoever.
5. Exemption from the operation of the Arms Act (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A police officer is exempted by section 45 of the Arms Act, 1959 (54 of 1959), from the prohibitions and directions contained in that Act, in respect of arms and ammunition which he is required to bear as part of his equipment in the course of his public duty, whether they are supplied by the State Government or are his private property. No license, therefore, is required by any police officer in respect of a revolver or pistol owned by him as a part of his equipment (see regulation 30 of Chapter on Arms, Ammunition and Stores).
(b) A retired police officer, who has been permitted to wear uniform on certain occasions after retirement, must obtain a licence for any revolver or pistol which formed a part of his equipment, but is exempt from the payment of a licence fee for it.

(c) A police officer of or above the rank of a Sub-Inspector or a Sergeant may, under item 80(3) of the First Schedule to the Indian Tariff Act, 1934 (XXXII of 1934), import free of customs duty a revolver or pistol together with ammunition up to a maximum of 100 rounds per revolver or pistol on the certificate of the Commissioner that the .weapon and ammunition imported by the officer are parts of his equipment. The officer who desires to avail himself of this privilege, shall apply to the Commissioner for such certificate to be issued direct to the arms dealer or contractor from whom standardised revolvers and ammunition are obtained.

A certificate shall not be issued as a rule to an officer on probation or at all to an officer who is merely officiating as a Sub-Inspector or as a Sergeant.
(d) If any police officer ceases to be exempt from obtaining a license on payment of license fee owing to retirement, discharge, dismissal or any other reason, the Assistant Commissioner, Arms Act Department, shall see that the arms and ammunition in respect of which such officer was so exempt are deposited until a licence for them is produced or are otherwise legally accounted for.

6. Carrying of canes or sticks (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Police officers on duty are forbidden to carry canes or sticks other than regulation lathis. Half-lathis can be carried when so ordered by an officer not below the rank of an Inspector during “emergency” duty.
7. Use of private firearms, when on duty (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Police officers below the rank of Sub-Inspector, when on duty, are forbidden to use private firearms.
8. Exemption from bridge, ferry and road tolls. – Police officers proceeding on duty are exempted from the payment of any bridge, ferry or road tolls.
9. General Provident Fund. – All ranks of the police and clerks who are not compulsory subscribers to the General Provident Fund under the General Provident Fund (Superior Civil Services) Rules or the General Provident Fund (Central Services) Rules or the General Provident Fund (West Bengal Services) Rules, may become voluntary subscribers to any of the funds to which they are eligible to subscribe in accordance with the relevant rules.
10. Railway and Steamer warrants for journeys on duty. – All officers below the rank of Inspector are entitled, when making journeys on duty by railway or steamer, to receive warrants on which tickets are issued for such journeys.
11. Railway and Steamer warrants for journeys on leave. – Head Constables, Constables (Unarmed Police), Havildars, Naiks, Lance Naiks, Sepoys (Armed Police), Manjhis, Dandies (River Police), Head Constables, Sowars (Mounted Police) and Buglers shall be allowed, when granted leave, free third class railway and steamer warrants to and from their homes, subject to the conditions set forth in rule 130, West Bengal Service Rules, Part II.
Note. – (i) Free railway and steamer warrants shall be allowed only when the officer has applied for them before leaving his station.

(ii) The privilege granted under this regulation shall apply to cases where the homes of the persons proceeding on leave are situate within the Union of India. If the home of the person proceeding on leave be outside the limits of the Union of India, the personnel concerned shall get the privilege up to the furthest limit within the Union of India.

(iii) The grant of warrants under this regulation shall be noted, in red ink, in the Service Book or Roll of the officer or rating immediately under the entry recording the granting of the leave, with the numbers of warrants and the names of the stations to which they were issued.

12. Railway and Steamer warrant on discharge on medical grounds. – A Head Constable, Naik or Constable invalided out of the service, or summarily discharged on medical grounds as unfit for service, is entitled to a free warrant for a single ticket for journey by railway and steamer to his home (of Rule 365 of the Bengal Audit Manual).
13. Extra departmental influence not to be so solicited. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (1) Police officers are forbidden to approach officers of other departments or non-official gentlemen or associations for support in pressing individual claims or obtaining redress of grievances. Such conduct is contrary to good discipline and any officer who is guilty of such conduct shall be liable to be punished.
(2) Police officers are similarly forbidden to approach members of the Legislatures with a view to having their individual grievances made the subject of interpellations in the Legislatures.
(3) Police officers are strictly prohibited from obtaining interviews with Ministers or Secretaries to Government without the prior sanction of the Commissioner.
14. Civil suits by Police Officers. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Police officers of all ranks are forbidden to bring civil suits against persons residing in Calcutta or against any police officer for acts done in connection with the discharge of their official functions unless they have obtained the permission of the Commissioner.
II – Government Servants’ Conduct Rules And Other General Instructions

15. Interview with the Commissioner of Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A subordinate police officer who wishes to make a representation about his promotion, transfer or leave or about any other matter may not interview the Commissioner without the permission of the Deputy Commissioner of the division or the department in which he is serving.
(b) Such permission shall not ordinarily be refused.

(c) Personal representations and requests from the subordinate police officers shall be heard and disposed of by the Deputy Commissioners and Assistant Commissioners by holding Orderly Rooms every Monday where every officer has a right to come up. An Orderly Room Register should be maintained for this purpose in two volumes – one dealing with complaints and the other with representations and requests.

16. Government Servants’ Conduct Rules. – The Government Servants’ Conduct Rules applicable to the services recruited by the Secretary of State for India shall be binding on all officers of the Indian Police. The All India Services (Conduct) Rules, 1954, shall be applicable to the members of the Indian Police Service and the Government Servants’ Conduct Rules applicable to services under the control of the State Government shall be applicable to other members of the Calcutta Police Force. (For these last mentioned Rules please see Appendix).
17. Connection with Press and Radio. – (1) No member of the Police Force shall, except with the previous sanction of the Government, own wholly or in part, or conduct or participate, in editing or in the management of any newspaper or other periodical publications.
(2) No member of the Police Force shall, except with the previous sanction of the Government or any other authority empowered by it in this behalf, or in the bona fide discharge of his duties, participate in a radio broadcast or contribute any article or write any letter, either anonymously or in his own name or in the name of any other person, to any newspaper or periodical:
Provided that no such sanction shall be required if such broadcast or such contribution is of a purely literary, artistic or scientific character.
18. Criticism of Government. – No member of the Police Force shall, in any radio broadcast or in any document published anonymously or in his own name, or in the name of any other person or in any communication to the press, or in any public utterance, make any statement of fact or opinion –
(i) which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government; or

(ii) which is capable of embarrassing the relations between the Central Government and the Government of any State; or

(iii) which is capable of embarrassing the relations between the Central Government and the Government of any foreign State:

Provided that nothing in this regulation shall apply to any statements made or views expressed by a member of the Police Force in his official capacity or in the due performance of the duties assigned to him.
19. Purchase at Government auctions. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Police officers are forbidden to bid for or purchase anything at a Government auction without the previous sanction of the Commissioner.
20. Holding or acquiring shares in any company operating in Calcutta or elsewhere in the State. – (i) Police officers and members of the clerical staff of the Calcutta Police may not without the permission of the Commissioner purchase any share in any company, the operations of which are conducted in Calcutta and its suburbs or elsewhere in the State.
(ii) When a member of the Calcutta Police or of the clerical staff of the Calcutta Police acquires, by succession, inheritance or gift, shares in a company referred to in item (i), he shall at once report such acquisition to the Commissioner.

21. Control over the property held by or acquired by Government servants. – Subject to the provisions of any general or special order, every Government servant shall make to the appointing authority, in the prescribed form, a periodical declaration of the nature, extent and the value of his movable and immovable properties and other assets which may from time to time be held or acquired by him or by any member of his family. In making the declaration as to the shares and stocks and other securities, jewellery, motor cars, motor cycles, refrigerators, other valuable articles and immovable property, the actual price paid by the Government servant shall be mentioned, whatever their face value might be. The manner of acquisition of the property shall also be clearly and unambiguously given, i.e., whether the property was acquired by means of savings from the Government servants’ salary or of income from any other source or by inheritance or by other means.
22. Using subordinates for private purposes. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Police officers are strictly forbidden to employ subordinates (a) as their personal servants for procuring supplies or (b) to make themselves generally useful for their private purposes, or (c) to make them do work of a menial nature and the like.
23. Loss of Government property. – If any loss, destruction or damage of property which belongs to the Government or for which the State Government is responsible, takes place owing to any default, negligence or disobedience of orders on the part of any police officer, clerk or launch rating, he may be ordered by the Commissioner to make good the value of such property.
24. Officers not to leave Calcutta or place of posting without permission. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). –
(a) No Deputy Commissioner or Assistant Commissioner shall on any account leave Calcutta without the permission of the Commissioner.

(b) No other police officer shall leave the place to which he is posted, except on duty or with the express permission of an officer authorised to give such permission or when he is relieved of such posting.

25. All ranks subject to Superior authority. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Every police officer shall be subordinate to, and shall be bound to carry out any order given by, any police officer superior to him in rank.
26. The reporting of crime. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – It is the duty of every Police officer to obtain to the best of his ability intelligence concerning the commission of cognizable offences or designs to commit such offences. With a view to achieve this purpose the public should be freely encouraged to give full information about any cognizable crime, however trivial it may be, because in the case of concealment of offences against property or even attempts to commit them a valuable indication about the movement of bad characters is sure to be lost.
27. General co-operation of officers attached to different departments. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) All police officers shall assist one another, to the best of their ability, in the execution of their duties whenever such assistance is actually demanded or appears to be required.
(b) It is to be realised by all members of the Calcutta Police Force that all branches are jointly responsible for the maintenance of order and the apprehension of offenders. If offences are committed with impunity, reproach falls on the whole force and not on only one section of it. Officers of the divisional police, for instance, should not consider that traffic offences are the concern of the Traffic Police only, and on the other hand, the members of the Traffic Police should not also fail to look out for the detection of offences, such as, distribution of objectionable leaflets or detection of wanted persons whose descriptive rolls have been published in the Police Gazette. It is the duty of all officers to know the various instructions which are issued from time to time irrespective of the fact whether they are applicable to a particular department or not.

28. Superior officers co-operation meetings and conference – Superior and subordinate officer’s co-operation meetings and conferences. – Close co-operation at all times between officers whose jurisdictions form a common field for the depredations of a criminal or of a gang is essential. As an aid to such co-operation, the following periodical conferences and special co-operation meetings shall be convened by different officers, namely :-
(a) a monthly conference of all Divisional Deputy Commissioners and Assistant Commissioners, Deputy Commissioner, Headquarters, Deputy Commissioner and Assistant Commissioners of the Detective Department shall be convened by the Commissioner to discuss about the crimes in Calcutta during the foregoing month. The conference shall be presided over by the Commissioner and in the absence of the Commissioner the seniormost Deputy Commissioner present at such conference shall preside over the conference. Other matters of interest, apart from crime, may also be discussed in the conference. The conference shall generally be held by the 14th of every month; and

(b) a monthly co-operation meeting of superior and sub-ordinate officers shall also be held at Lallbazar on a date subsequent to the Superior Officers’ Conference mentioned above which shall be convened and presided over by the Deputy Commissioner of the Detective Department. The said meeting shall be attended by the Deputy Commissioners and Assistant Commissioners of the Detective Department, Court Inspectors, Senior Police Prosecutors and the Officers-in-charge of the police stations.

29. Minutes of conferences and meetings. – The minutes of the conferences and meetings referred to in the foregoing regulation shall be recorded by or under the direction of the officer presiding over such conference or meeting in such a way that matters of general interest are kept separate from those of purely local interest. Prior approval of the Commissioner shall be obtained before the circulation of the minutes.
Copies of the minutes shall be sent to all officers attending the meeting and also to those officers who may be concerned over any particular item in the same.
30. Co-operation with the West Bengal Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – All officers whose jurisdiction adjoins or is near to West Bengal Police area, shall keep in close touch with officers of the West Bengal Police and co-operate with them whenever necessary.

III – Assemblies And Processions

31. Control of processions, assemblies and meetings. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties and powers of the police in respect of the control of processions, assemblies and meetings are set forth in sections 62A, 62B and 62C of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), and in sections 39A, 39B and 39C of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866). Every Police officer shall make himself conversant with the provisions mentioned above and with the Rules for the Regulation of Traffic in Calcutta and Suburbs framed by the Commissioner under section 62 of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), and section 39 of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866.).
Note – Sergeants rank with Sub-Inspectors for the purpose of section 62A of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), and section 39A of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866).

32. Prior information to be given of Assemblies and processions. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Officers-in-charge of police stations shall timely inform their Divisional Deputy Commissioners of any projected gathering, procession, festival or other event that is likely to require the use of the powers under section 62A of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), or section 39A of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866).
IV – Employment Of Armed Parties And Use Of Firearms By The Police During Riots And Disturbances.

33. Preliminary action in the matter of dealing with riots and breach of the peace. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – If an Officer-in-charge of a police station or any other police officer learns that a serious riot or other disturbance has broken out or is about to break out, he shall immediately contact the Officer-in-charge, Control Room, Lallbazar, over the telephone, and ask him to direct the nearest Radio Flying Squad to the spot. Immediately after doing this, the police officer shall, with the force available at his disposal, proceed forthwith to the place of occurrence and deal with the situation according to law. If, on arrival at the actual scene of disturbance, the Officer-in-charge of the police-station or any other police officer, who goes there, or the Sergeant in charge of the Radio Flying Squad finds that it is a serious disturbance, he shall immediately contact the Deputy Commissioner of the division as also the Assistant Commissioner of the subdivision and also ask for further reinforcement from the Control Room, Lallbazar.
34. Ammunition and use of privately owned guns. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A minimum of twenty rounds of ball ammunition per firearm should be carried by all armed parties. Police officers armed with revolvers shall carry a minimum of twelve rounds of ammunition. No blank cartridges or other sort of ammunition shall be carried under any circumstances. The ammunition shall be issued at Headquarters by the Inspector, Armed Police, and at outlying Armed Companies by the senior officer present. The issuing officer shall check the ammunition returned by each man and shall enter both issue and receipt in his register.
(b) Police officers shall not ordinarily use privately earned guns for firing on rioters or for any analogous purpose. If, however, in exceptional circumstances they have occasion to do so, the use of any kind of ammunition except ball is strictly forbidden. Ordinary spherical ball only should be used in private weapons, – explosives bullets are strictly prohibited.

35. Employment control of armed parties. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When armed parties are sent out they shall, as far as possible, be kept in compact bodies under competent officers, fully instructed. They shall be given a specific task to perform and must be fully instructed as to their powers and responsibilities. The armed police shall never be given the routine duty of marshaling or escorting a procession.
(b) The following precautions shall be observed by a police officer in command of an armed party employed for the suppression of a riot or the dispersal of an unlawful assembly, namely :-

(i) he shall order bayonets to be fixed to their respective firearms;

(ii) he shall give orders to the party to load their respective firearms when he thinks fit;

Note. – Loading of firearms without such orders is strictly forbidden, unless it is necessary for the exercise of the right of private defence.

(iii) he shall, for the purposes of fire control, ordinarily divide his force into sections of not more than nine men each and place each section under a responsible commander;

(iv) he shall at all times bear in mind the danger of the mob so closing on his force that by a sudden rush it may be overwhelmed;

(v) he shall so dispose the party that it has as effective a field of fire as circumstances permit;

(vi) he shall, if the party is or is likely to be attacked from two directions, post the men in two ranks, each facing one of those directions, with sufficient space between such ranks to enable him to move between the ranks and to control the firing;

(vii) if in order to minimise injuries from missiles the party is extended, he shall not allow it to extend so far as to affect his ability to exercise strict fire control.

36. Use of firearms. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The use of firearms is permitted for the following purposes only namely :-
(i) in exercise of the right of private defence of persons or property (sections 96-96-106 of the Indian Penal Code);

(ii) to effect an arrest in certain circumstances (section 46 of the Code of Criminal Procedure, 1898);

(iii) for the dispersal of unlawful assemblies (sections 127-128 of the Code of Criminal Procedure, 1898).

(b) Right of private defence. – It is essential that all police officers should appreciate and fully understand the right of private defence both of person and property. A police officer is entitled by law, and it is his bounden duty, to protect (i) himself and Government Property (e.g. his weapons, motor-transport buildings etc.) and his own property and (ii) other persons and the property of other persons against attack and unlawful acts. In doing so he shall on no account inflict more harm than is necessary for the protection either of his own person or of his own property or the person or the property of any other person. If it is necessary, however, a police officer may inflict harm extending to the voluntary causing of death in the following circumstances, namely :-

(i) against such an assault as may reasonably case the apprehension that death or grievous hurt to himself or anybody will otherwise be the consequence of such assault or an assault with the intention of committing rape or kidnapping;

(ii) in order to prevent the commission of the offence of robbery, house breaking by night, or mischief by fire to a building used as a human dwelling or as a place for the custody of property;

(iii) in order to prevent theft, mischief or house-tress pass under such circumstances as may reasonably cause apprehension that death or previous hurt to any person will be the consequence if such right of private defence is not exercised.

(c) Firing without the orders of a superior officer when permissible and when forbidden. – A single constable (or other police officer) acting alone is entitled to open fire in the circumstance indicated in clause (b); and indeed it is his bounden duty to do so. If, however, he is one of a party of police, he is forbidden either to load or to open fire except under the orders of the senior police officer present. It shall be clearly understood that the word “present” in the foregoing sentence relates to the senior officer in the immediate proximity of the incident. In the event of widespread attacks taking place in one area it may not be possible for the senior police officer in that area to witness all that is going on, and, in such circumstances, it must be at the discretion of the senior police officer in a limited area who may witness an attack on person or property of the nature described above to give the order to open fire. So long as the police force is in close formation, only the Officer-in-charge of the party may give the order to load or to open fire, but if either under orders or as a result of the action of the opponents, the police force is divided into smaller bodies then the senior officer of each small contingent even down to an isolated constable may assume the responsibility of opening fire. Independent firing by individuals on their own initiative is forbidden except when it is justified as being in the exercise of the right of private defence. The responsibility of proving that circumstances compelled the exercise of the right of private defence shall rest upon the individual who opens fire or who gives the order to open fire, but if the action is taken in good faith, that individual has no need to be apprehensive of the outcome of any enquiry.

(d) Under section 46 of the Code of Criminal Procedure, 1898, when a person forcibly resists arrest or attempts to evade arrest, a police officer may use all means necessary to effect the arrest subject to the restriction that he has not the right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.

Note. – He shall not open fire on his own initiative if it is possible to obtain the orders of a superior officer.

(e) An order to open fire upon a crowd shall be regarded as an extreme measure to which resources shall be had only as a last resort when it is absolutely necessary in the exercise of the right of private defence or when an Officer-in-charge of a police station or police officer superior in rank to such officer considers it impossible to disperse a mob by any other means.

No police officer engaged in the suppression of a riot or dispersal of a riotous assembly shall open fire without the orders of the Officer-in-charge of a police-station or a police officer superior in rank to such officer except in the circumstances detailed in clauses (b) and (c).
Note. – A sergeant is not an officer of or above the rank of, an Officer-in-charge of a police station.

37. Warning before firing. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Before opening fire, full and sufficient warning must be given to the rioters of the consequences of failure to disperse. An order to open fire shall only be given as the last resort when it is considered impossible to disperse the mob by any other means.
38. Nature of firing and ceasefire. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When firing on a mob becomes necessary the senior police officer present shall direct it in such a way as to secure an immediate effect with the minimum of injury. Be is responsible for seeing that an unnecessary volume of fire is not used. He shall normally order firing by specified individuals or by files; but he may order firing by sections, or volleys by not more than half the party at a time, if the attitude of the mob makes it imperative for the protection of his officers or for the protection of the life and property of others.
(b) Before he gives the actual order to open fire, he shall specify the target, and if practicable, the range and the number of rounds to be fired. Firing over the heads of the crowd is strictly forbidden, and sepoys shall be instructed to aim low and away from the direction of persons separated from the mob.

(c) He shall give the order “cease fire” as soon as the mob shows the slightest inclination to retire or disperse. All officers shall carry and use whistles for this purpose.

39. Action to be taken after the police have used firearms. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Whenever firearms have been used by the police whether against an unlawful assembly or against small groups or against individuals the following action shall he taken, namely :-
(a) the police officer in command shall, as soon as possible, have the dead, if any, sent to a mortuary and the wounded to a hospital;

(b) he shall cause the empty cartridge cases to be picked up and cheeked with the number of rounds issued;

(c) he shall inform the divisional Deputy Commissioner, the Deputy Commissioner, Headquarters, and the Commissioner by telephone;

(d) he shall draw up an accurate report in minute details of all the relevant facts, with a note of the number of rounds issued and expended, and he shall send one copy of his report to the Divisional Deputy Commissioner and one copy to the Deputy Commissioner, Headquarters.

40. Enquiry into use of firearms by police. – (1) Whenever firearms are used by the Calcutta Police, the Commissioner shall hold a full enquiry and shall submit a detailed report to Government as soon as possible thereafter:
Provided that –
(a) where the Commissioner himself has ordered firing the enquiry shall be made and the report submitted to Government by the Commissioner of the Presidency Division;

(b) if the firing has been resorted to under the orders of a Deputy Commissioner, the enquiry shall be held by the Commissioner;

(c) if the firing has been resorted to under the orders of an officer below the rank of a Deputy Commissioner, the Commissioner may either hold the enquiry himself or direct a Deputy Commissioner to hold it.

(2) The object of holding such executive enquiries is to ascertain whether the firing was justified, and whether the rules governing the use of firearms were substantially observed. The enquiry should be held with the least possible delay and in addition to the testimony of the police personnel concerned, steps shall be taken to obtain independent views of local people, such as shopkeepers, residents of the locality, etc., who are likely to have been eye-witnesses of the firing.
V – General Instructions Relating To Attendance In Office, Records And Correspondence.

41. Officers to attend office daily. – All officers of and above the rank of Assistant Commissioner shall, so far as possible consistent with their outdoor duties, attend their office during the recognised local office hours and transact their official business there.
42. Disposal of communications received. – The prompt and proper disposal of all communications received is an important duty of all Officers-in-charge of offices, police stations and police outposts.
43. Proper names to be in capitals. – In all reports, records, indices and other similar documents prepared wholly or partly in English, proper names of persons and places shall be written or typed in block capitals.
44. Expressing time. – Whenever the time is stated in a report, record, index or other document, the hour shall be shown by the twenty-four hour clock system, each day consisting of twenty-four hours beginning and ending at midnight. Four figures shall invariably be used, the first two to denote the hour and the last two to denote the minutes past the hour. Thus, 00.00 denotes midnight, 08.05 denotes five minutes past eight in the morning, 19.37 denotes thirty-seven minutes past seven in the evening and 23.59 denotes one minute to midnight.

45. Personal descriptions. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Personal descriptions shall invariably be recorded in all police documents in accordance with the form and instructions given in Appendix – so far as the necessary particulars can he collected.
46. Signatures. – (a) Every police officer shall, when signing any official report, letter or other document, write his signature clearly and legibly; if his signature is likely to be difficult to decipher, he shall write his name in block capitals beneath it.
(b) All signatures and initials shall be dated.

(c) No police officer shall use a rubber or other stamp instead of writing his signature or initials. A Deputy Commissioner may use his facsimile under certain circumstances with the previous permission of the Commissioner.

47. The usual channel of communications. – (a) The usual channel through which a police officer shall communicate with any officer of a higher rank is his immediate departmental superior; direct communication with any officer of higher rank is forbidden except in emergencies or in matters regarding which there is a special rule or practice.
(b) If in an emergency an officer communicates directly with an officer of higher rank, he shall also send a copy of the communication through the usual channel, together with a statement of his reasons for communicating direct.

(c) All communications for submission to the State Government shall go through the Commissioner.

48. Correspondence, orders and replies to be written neatly in proper sequence. – Orders and replies shall be written neatly in proper sequence across the page on clean sheets of paper cut to foolscap size. When there is no room left for writing on the sheet used, fresh sheets shall be attached and serially numbered.
49. Departmental correspondence – half margin memorandum. – In all departmental correspondence, a half margin memorandum shall be used when the reply can be given in a few words. The office orders leading up to such reply shall be entered on a separate paper known as an action slip and not on the memorandum itself. No docket is required, the only record necessary being the entries in the receipt and despatch registers.
50. Language to be used in official communications. – All official communications sent by officers of the Calcutta Police to any police officer under any other Government or administration shall be in English.
51. Official and private correspondence, and use of official stationery or service stamps. – (a) All official communications or documents send through post shall be enclosed in official covers; those addressed to destination in India shall be stamped with service stamps and those to other foreign countries with ordinary postage stamps.
(b) The unnecessary use of several service postage, stamps of low value, when fewer stamps of higher denomination might be used, shall be avoided.

(c) It is forbidden to use official stationery or service stamps for private correspondence or to enclose private correspondence with official communications. Officers shall not send communications on private matters by service messages or in service paid letters. Any infringement of this regulation shall be brought to the notice of the official superiors for disciplinary action.

52. Parcels and hook packets. – Heavy packages of official returns, files and similar matter shall, if they conform to the rules in the Post and Telegraph Guide, be sent through post as “book packets” or “parcels” according to weight. Book packets may not contain letters but a parcel may contain one letter to the addressee of the parcel or, if it consists of several files, one letter per file.
53. “Bearing” letters and packets. – (a) Official letters, book packets and parcels on which postage has not been prepaid or sufficiently paid shall, if duly superscribed “On India Government Service” and inscribed by the sender, be received by the addressee who shall pay the charges due.
(b) Letters and other postage packets sent by private individuals or associations without prepayment of postage or with postage insufficiently paid shall ordinarily be returned unopened to the post office of delivery.

54. Telegrams. – (a) Official telegrams shall invariably be marked “State” by the sender in the space provided On the form.
(b) Telegrams shall usually be marked “Ordinary”, but in an emergency, “Express” telegrams, may be sent; and when there is a great emergency, police officers may send telegrams marked “Special Police”.

(c) “Special Police” telegrams, which take precedence over almost all other classes of telegrams are received for despatch and delivery at all telegraph offices during business hours and during closed hours on payment of late fees.

(d) The charges for all “State” telegrams shall be paid by service stamps. “Special Police” and “Express State” telegrams may be received by the telegraph offices for despatch without prepayment but the charges must be paid into the office concerned within twenty-four hours.

Note. – (i) It should be borne in mind that some offices do net deliver “Late Fee” telegrams; in such cases the accepting office is bound to inform the sender.

(ii) No police officer below the rank of Officer-in-charge of a unit, is authorised to send the telegrams referred to above. If such telegram is sent by an officer other than the Deputy Commissioner, such officer should inform the Deputy Commissioner as soon after the despatch of the telegram as possible.

Depatch of such telegrams should be followed by sending a copy of the message by post to the addressee.
55. Brevity of telegrams. – All telegrams shall be worded as briefly as possible provided that the meaning is clear; the abbreviated address, if any, of the addressees shall always be used.
56. Relaying telegrams. – When a telegram is repeated in another telegram, the designation of the original sender and the place and date of despatch shall precede the message. Thus, a telegram repeating a telegram from the Superintendent of Police, Midnapore, despatched from Tamluk on 1st October, should be worded as follows: “Superintendent of Police, Midnapore, telegraphs from Tamluk under date first October, Begins ……….Ends”.
57. Telegrams to authorities outside India. – If any officer who is not authorised to do so wishes to communicate by telegram with authority outside India in respect of the detection or apprehension of an offender, he shall move the Commissioner for necessary action.
58. Mode of addressing Indian ladies and gentlemen. – The prefixes “Shrimati” and “Shri” should be used before the names of Indian ladies and gentlemen respectively (both married and unmarried).

VI – Miscellaneous Instructions

59. Counterfeit coins. – A set of rules containing hints for the detection of counterfeit coins will be found in Appendix. Any officer requiring to test suspected coins shall subject them to the tests described therein.
60. Command certificate. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Any police personnel below the rank of Sub-Inspector when detailed on any duty and any officer of the rank of Sub-Inspector and Sergeant when detailed on escort duty, shall, unless the Deputy Commissioner directs otherwise, obtain from the officer detailing him a command certificate in W.B. Form No. 5336.
(b) Every command certificate shall bear the seal or stamp of the police station or office of issue and the countersignature of the Officer-in-charge of the police station or office. The officer receiving a command certificate shall also sign the counterfoil giving the exact time of receipt.

(c) Command certificates shall be signed by an officer senior in rank to the officer to whom they are issued. Issue of command certificate by an officer in his own favour is strictly forbidden.

(d) When several officers are detailed on the same duty, only one command certificate, containing all their names, shall be issued to the.senior officer among them.

(e) An officer to whom a command certificate is given shall carry in with him, endorse upon it, if he is literate, the action which he takes upon the orders given to him, and on his return hand it to the officer who issued it.

(f) Head constables or constables on return to the police station or similar police unit shall be responsible for seeing that each command certificate is returned to the Officer-in-charge who shall see that it is defaced and pasted in the book along with the duplicate copy.

Command certificates returned by an officer-in-charge of a party detailed from the Armed Police for escort duty shall be attached to the escort requisition until the charges have been billed for. After action has been taken they shall be defaced and filed with the appropriate counterfoils, to facilitate check by inspecting officers.
(g) The officer who issued the certificate shall bring to the notice of the Assistant Commissioner concerned any delay in carrying out the orders.

(h) Custody. – Books of command certificates (including used books until they are destroyed) shall be kept under lock and key in the custody of the Officer-in-charge of the police station or office.

(i) Loss. – The loss of any command certificate shall be immediately reported to the Deputy Commissioner, Headquarters and the Deputy Commissioner of the division concerned.

61. Fatigues. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – All officers of the subordinate ranks are liable to perform fatigue duties, such as, work on rifle and revolver ranges and butts, loading, unloading and handling Government property, pitching and striking tents, care and maintenance of parade and parade and other police grounds, the maintenance of fire-fighting apparatus, demolitions to prevent the spread of fire and the saving of property from damage by fire or flood.
62. Whistle calls. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The following whistle calls shall be used :-
(i) the rally, a succession of short blasts, and

(ii) the alarm, alternate long and short blasts.

(b) The rally shall be used when it is necessary to summon officers within earshot, e.g., to call beat constables to a particular point. On hearing the call all ranks shall move as quickly as possible to the point where it is being blown.

(c) The alarm shall be used only in emergency when the caller is in danger or for calling officers out of barracks in case of fire or in like circumstances. On hearing the call all ranks shall forthwith fall in and await orders at the place where it is being blown.

63. Miscellaneous duties. – A list of miscellaneous duties performed by the Calcutta Police is shown in Appendix.
64. Power under miscellaneous Acts and Rules. – A list of Acts and Rules that confer powers and impose duties on the police with particulars of the ranks which may exercise those powers, is maintained in the office of the Commissioner.
65. Senior officer to be in charge of parties. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When any party of police is deputed for duty of any nature the senior man of the party shall be in charge until he meets with or until the arrival of an officer senior to him to whom he shall report and make over charge.
(b) An entry specifying the individual in charge of any such party shall invariably be made in the General Diary of the police station or outpost concerned.

66. Duties of Police officers at a fire. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (1) Notification of fire. – On seeing or receiving information of a fire, a Police officer shall at once inform the Fire Brigade specially in all cases where the Police officer has reasonable grounds for thinking that the fire is likely to spread. The Police officer shall give his name and rank and the message shall be as short and concise as possible giving the exact locality of fire, the thana nearest to the scene of fire and if possible the nature of the fire.
(2) Where lives are in danger. – In such cases the Police officer shall take all steps to save life. He shall make strict enquiries whether any persons are in the burning building and if so, he must obtain all information with a view to locating them and thus enable the fire brigade to effect their speedy rescue.
(3) Police to attend fire. – Immediately the Fire Brigade has been called to a fire, the senior Police officer with all available men must proceed to the fire and form a complete cordon around the fire. They shall not permit unauthorised persons other than the owners of houses actually burning or in danger of burning to approach the place.
(4) Water supply. – Police officers are to ascertain at once what water supply is available and note the exact position of the nearest hydrants and tanks in order that the information may be ready for the Fire Brigade on its arrival.
(5) Directing the Fire Brigade to the fire. – Police officers shall at once be directed to the various turnings from the main road, so that they may direct the Fire Brigade to the fire.
(6) Clearing traffic for the Fire Brigade in the Streets. – All traffic is to be diverted to the sides of the street on the approach of the Fire Brigade Engines leaving the centre of the road clear for the Fire Brigade. All traffic from side streets should be stopped until the Fire Brigade has passed.
(7) Removal of property. – In the event of the removal of any property from the scene of a fire, a full description of all such property shall be noted and names and addresses of the persons removing the same and number of the carts used shall be noted by the senior Police officer present.
(8) Insufficient Police present. – Should there be insufficient Police officers present to carry out the Police duties the senior Police officer present shall immediately communicate with Control Room in order to obtain a sufficient force.
(9) Fire reports. – Officers-in-charge of police stations in submitting reports of fire shall enter the number of Police officers and men (the officers should be mentioned by name) who attended the fire and what assistance they rendered in preventing the crowd from hampering the Fire Brigade in their work and protecting rescued property. All reports must be received at the Headquarters within twenty-four hours from the time of occurrence.
67. Motor ambulances. – (a) Motor ambulances available for use in Calcutta are stationed at Ambulance Headquarters, Chittaranjan Avenue, near the Central Avenue Fire Station.
(b) The ambulances are for use, free of charge, day and night, in removing persons found on the streets suffering from injuries due to street accidents or from sudden illness, to hospital.

(c) When telephoning for the ambulance, no telephone number is required. The Exchange operator will connect the call to the Ambulance Headquarters when the word “Ambulance” is used.

(d) Special care must be taken in giving the exact address to which the ambulance shall be sent.

68. Visits to hospitals. – Police officers visiting hospitals in Calcutta on duty shall intimate their business to the Resident Surgeon or in the latter’s absence to the Medical Officer on duty. If in plain clothes, they shall bring with them a letter from a Deputy Commissioner or an Assistant Commissioner. Such visits shall ordinarily be made between 11.00 hours and 19.00 hours.
69. Circular Orders. – (a) Circular orders are printed in separate sheets in “the Calcutta Police Gazette”. Every office shall maintain a Circular Order file in which all Circular Orders shall be kept. An officer in a police station or Court and a clerk in a department shall be in charge of the file and shall be responsible for its being kept up-to-date.
(b) When a previous order is amended, amendment slips shall be printed and issued. The officer or clerk in charge shall paste each slip in its correct place and not merely place then en bloc in the file.

(c) The circular orders shall be filed serially and a running index maintained until the annual printed index is received. If a new order is issued in place of an existing order the old order shall be entirely removed from the file and the new order inserted in its place.

70. Pocket books. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) All subordinate ranks of the Calcutta Police shall carry pocket books when on duty.
(b) Officers and men on plain clothes duty shall carry pocket books of a kind which will not tend to disclose their identity as police officers.

(c) These pocket books shall, in no circumstances, be used for private purposes. Each entry shall state clearly the time and date of occurrence of any incident recorded, the exact location, brief facts and the particulars of witnesses. Entries regarding traffic cases shall, in addition, contain the number and description of the vehicle, the licence number, particulars of the driver, the direction in which the vehicles were proceeding or facing and any other particulars that may be found necessary. All entries shall show what action has been taken by the officer recording the incident.

71. Reporting of accidents. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) In no circumstances shall a member of the public who reports an accident be sent to another police station, because the place of occurrence is in the jurisdiction of that police station. On the contrary, the information shall be recorded and passed on to the proper quarter for necessary action. If any immediate action is necessary, the first police station shall take that action and report to the second police station.
(b) At outposts where there is a telephone such an informant shall be allowed to use the police telephone to communicate with the nearest police station, and if necessary, to call an ambulance.

(c) Information about accidents can be accepted by the Telephone Sergeant at Police Headquarters who shall pass it on by telephone to proper police station concerned.

(d) Sergeants on street or patrol duty and all Traffic Police Head Constables and Constables who receive such information shall make notes and hand them over to the Traffic Gruard immediately on return from duty. They shall, of course, render every possible assistance.

72. Supply of information regarding street accidents, etc. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (1) Police reports, books and records are confidential and privileged, and it would be contrary to the general public interest for their contents to be disclosed. Copies of such reports or other documents are on no account to be supplied.
(2) In cases of street accidents, burglary, house-breaking, larceny, murder and suicide, however, there is no objection to furnish to the parties interested or to their properly authorised legal representatives, for the purpose of settlement of insurance claims, abstracts giving the salient points and the names and addresses of the witnesses, when known to Police, on the understanding that such abstracts are not, and do not purport to be, actual copies of reports. Information in respect of these cases, shall, on application by parties, be supplied in the Calcutta Police form regarding supply of particulars of an occurrence. Such applications are to be made to the Commissioner accompanied by a fee of rupees five which shall be retained, even though no record of the case can be traced from the particulars given. The cashier, Calcutta Police Directorate shall issue receipts for all fees received. Abstracts in respect of occurrences in regard to which Police proceedings are pending shall not, as a rule, be supplied, until such proceedings have been disposed of.
73. Special Branch officers and police station officers. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Officers of the Special Branch shall make, at least, two visits a week to each police station in their areas and informally meet the police station staff. They shall do so at a time of day when the officers are usually present and not likely to be particularly busy with other work. Current matters of interest to the Special Branch shall be discussed and information interchanged particularly on matters concerning political groups, communal relations, labour matters (especially labour agitation), public meetings, processions and other demonstrations and their effect on the public. The Special Branch officers, if necessary, shall have access to any reports on these matter so that they may be in possession of all available information and may at once pursue such further enquiries as they consider necessary.
Police station officers shall report at once to the Special Branch officer of the area any urgent information which he should know, and, similarly, Special Branch officers shall immediately inform the Officers-in-charge of police stations of all matters coming to their notice which affect the general administration, particularly matters relating to communal and labour agitation.
74. Co-operation between Special Branch and divisional police regarding public meetings. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The divisional police and the Special Branch shall keep each other informed of the intention of members of the public to hold meetings, either indoor or open-air. The Special Branch shall also invariably inform the divisional police whether or not it will depute Government reporters and/or Special Branch officers to take notes of the speeches delivered at a meeting.
(b) If a meeting is considered sufficiently important, the Deputy Commissioner, Special Branch., shall depute Government reporters and/ or Special Branch Officers duly authorised with an order in the form shown in Appendix to take notes of the speeches delivered at the meeting. In such cases officers of the police station need not take notes as the details of speeches made at the meeting will be conveyed to the Commissioner, the divisional Deputy Commissioner and other authorities by the Deputy Commissioner, Special Branch.

(c) In cases in which the Special Branch does not intend to send any officer or reporter to attend a meeting, it shall advise the officer-in-charge of the police station within whose jurisdiction the meeting is to be held, to go himself or to depute a Sub-Inspector, to take notes of the speeches made at the meeting and to submit a report about the proceedings of the meeting to his Deputy Commissioner. In the absence of any such advice, the Officer-in-charge shall take such action as he may think fit.

(d) Uniformed police shall be deputed by the divisional police, on requisition from the Special Branch, to protect reporters or officers recording speeches at a meeting.

(e) Responsibility of divisional police. – Nothing in the foregoing regulations shall be read as restricting in any way the responsibility of the divisional police for the maintenance of law and order at public meetings and the responsibility of the Officers-in-charge of the police station within the local limits of which the meeting is held for making arrangements to prevent any breach of the peace and for passing such legal orders as are necessary to control the meeting.

75. Free transit in tram cars. – Free transit in tram cars is allowed to members of the Calcutta Police in the circumstances and on the conditions noted below. All ranks of the force should appreciate the spirit in which this concession has been made and avoid offending against the spirit or letter of the rules :-
(i) any Assistant Sub-Inspector, head constable or constable of the Calcutta Police in uniform may travel free in tram cars of the Calcutta Tramways Company in second class only. A Sub-Inspector, Sergeant or an Inspector may similarly travel in uniform in the first class.

Note. – Travelling on the front platform of the tram car is strictly forbidden;

(ii) ordinarily not more than 6 constables shall so travel in one car;

(iii) if any tram car is crowded no police officer shall board the tram car;

(iv) parties of police marched to and from their beats shall not travel by tram cars;

(v) if a tram conductor refuses to allow policemen in uniform to board cars on the ground that the cars are over-crowded, the conductor’s decision shall be accepted without hesitation by the policemen concerned;

(vi) no police officer in plain clothes (unless in possession of a tram pass) shall travel on any car without paying the legal fare.

76. Travelling in Buses. – Police officers are prohibited from travelling in buses without paying the requisite fare whether they are travelling in uniform or not.
77. Free seats at cinemas, etc. – Police officers are strictly forbidden to demand free seats or free entrance at cinemas, theatres or any other places of amusement. Should free seats or free entrance be offered and accepted the names of the officers attending the place of amusement and of any persons who accompany them shall be recorded in the General Diary.
78. Professional driving license. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Police officers are forbidden to apply for or retain a professional driving license without the express sanction of the Commissioner.
79. Unauthorised supply of police records or information to public forbidden. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Police officers are forbidden to give copies of special diaries or other police records to the public or to give them any information which they have no authority to furnish.
No member of the public shall be allowed to write copy or have access to, or shall be given copies of, or extracts from, any police report, register or return without the special sanction of the Commissioner.
80. Grant of certificates to outsiders. – The practice of Police officers issuing character certificates in their personal capacities to outsiders should be strongly discouraged.
81. Carrying money when on duty. (Section 3, Bengal Act II of 1866) (Sections 9, Bengal Act IV of 1866). – Head constables and constables are forbidden to carry any private money when on duty. Disobedience of this order shall be regarded as a very grave breach of discipline.
82. Betting and attending races. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Police officers may attend races only while on duty, and shall on no account bet.
83. Places out of bounds to police officers on duty or in uniform. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Any police officer below the rank of a Sub-Inspector or a Sergeant, who enters any hotel, restaurant or drinking bar, liquor or grog shop, cinema or any other place of public amusement or entertainment whilst on duty or off duty, in uniform, when his presence is not required there in connection with his duty, shall be deemed guilty of an offence against discipline, and shall be liable to punishment by dismissal or otherwise at the discretion of the Commissioner.
84. Absence from headquarters. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – All Deputy Commissioners, Assistant Commissioners and Officer-in-charge of police stations while leaving the headquarters shall give an indication of the place where they are likely to be found in case of any urgent necessity.
85. Living away from allotted quarters. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – No officer of the Calcutta Police is permitted to live away from the quarters allotted to him without the written permission of his Deputy Commissioner.
86. Firearms of Sergeants. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – No Sergeant living in a single Sergeants’ barrack shall be allowed to keep his private firearms elsewhere other than in the armoury.
87. Emergency out-fit. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – An emergency tool out-fit is available at the Armoury at Police Headquarters. This out-fit contains implements for breaking down doors and sawing bars and includes crowbars, hammers, hatchets, saws and rubber gloves. The out-fit shall be sent by a lorry to any place in Calcutta or its suburbs on receipt of a telephone message from an officer not below the rank of a Sub-Inspector.
If officers below the rank of a Sub-Inspector require the emergency outfit they shall submit a requisition in writing.
88. Police associations. – Members of the police force can form an association or associations which, however, must be recognised by the Government, this being dependent on the strict adherence to the instructions contained in the Government of West Bengal, Finance Department Memorandum No. 475F, dated the 9th March, 1949, which are reproduced in Appendix.
89. Baseless allegations against officers in connection with the discharge of their official duties. – (a) When a police officer comes to know that an allegation has been made against him which is either entirely baseless or is grossly exaggerated, he shall at once report the facts of the case through the proper channel to the Commissioner. Immediately on receipt of such a report the Commissioner shall forward a statement of the case to the Director of Publicity with the request to issue a Press note refuting the allegations and shall also send a copy of the statement to the Home Department of the Government.
(b) When the allegation is maliciously false and the officer concerned desires that prosecution or suit for damages should be instituted, he shall move the Home Department through the proper official channel, for such action. The question whether any such action should be taken will be examined by Government in consultation with their legal advisers.

90. List of registers to be maintained in different offices. – A list of registers to be maintained in different offices is given in Appendix.

CHAPTER V

Police Stations.

I – General Duties Of The Staff :

1. Officer-in-charge of a police station. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A police station, as defined in section 4(l)(s), Code of Criminal Procedure, 1898 (Act V of 1898), section 3 of the Calcutta Police Act, 1866, and section 51 of the Calcutta Subarban Police Act, 1866, shall ordinarily be in charge of an Inspector.
(b) If an Officer-in-charge of a police station is unable from illness or other cause, to attend at the station, he shall make over the charge of the police station to the officer present at the police station who is next in rank and is above the rank of a Constable and record the fact in the General Diary.

2. Transfer of charge of police stations. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When an officer takes over permanent charge of a police station in relief of an officer going on transfer or on leave, he shall report to his Divisional Deputy Commissioner the date and hour of taking over charge. He shall verify and examine the Government properties, cash and registers, and also the articles in the Malkhana with reference to the Malkhana Register and if she finds the entries in the Malkhana Register correct he shall submit a certificate in the following form namely:
“1. I have carefully examined all the current registers and files, and have satisfied myself about the correctness of the entries therein as far as lay in my power. The amount of cash in hand this day, i.e. Rs…………has been received by me in full, and is on the following accounts (here give the details).

2. I have received the Government property shown in the authenticated list.

3. I have received all the articles shown in the Malkhana Registers as pending at the police station.”

If any discrepancy is found he shall state the discrepancies in the certificate and the officer making over charge shall submit his explanation explaining the discrepancies. The Relieved Officer shall also give a certificate below the certificate given by the Relieving Officer in the following form namely:
“I am satisfied as to the correctness of the above statement.”
(b) In the case of temporary absence it will be sufficient if the two officers concerned note in the General Diary the fact of having made over and assumed charge.

3. Station House to be kept neat and clean. – (a) A police station shall be a pattern of order and cleanliness both inside and outside. There shall be a place for everything, and the officer-in-charge shall be held responsible for keeping everything in their proper places. Every evening before retiring, the Officer-in-charge shall select an Assistant Sub-Inspector, Sergeant or Sub-Inspector as orderly officer. The name of this officer shall be entered in the General Diary and his signature shall be obtained against such entry in the General Diary.
(b) It shall be the duty of the orderly officer to visit every part of the police station once in the morning and once in the evening to see that the barracks, office rooms, cooksheds, compound etc., are neat and clean and that the Standing Order for barracks is observed. He shall submit a written report each evening showing any defects he has noticed (including defects in neighbouring buildings or the immediate surroundings which might have an adverse effect on the health of the police staff) and this report shall be examined each day by the Officer-in-charge and shall be submitted for the information of the Subdivisional Assistant Commissioner when on rounds.

4. Duties of the Officer-in-charge. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Officer-in-charge shall be responsible for the effective working and management of the police staff under him and for the preservation of peace and the prevention of crime within the limits of his jurisdiction.
(b) He shall, subject to the approval of the Sub-divisional Assistant Commissioner, distribute the maintenance of registers and records among the Sub-Inspectors and Assistant Sub-Inspector and shall see that the responsibilities and duties of each are clearly defined. The responsibility for the proper upkeep of all records and registers at the police station rests with the Officer-in-charge and he shall satisfy himself by frequent inspections that his subordinates are carrying out their duties properly.

(c) He shall collect intelligence on all matters of public importance in his jurisdiction (such as important meetings, strikes, riots, unrest, etc.) and shall keep his superior officers fully informed.

(d) He shall collect information regarding crime and criminals within his jurisdiction.

(e) He shall be personally responsible for necessary action against “Roughs”.

(f) He shall, each evening, send to his Sub-divisional Assistant Commissioner a report of all important happenings within his jurisdiction during the previous twenty-four hours.

The report shall contain information under the following heads, namely:
(1) Important cases.

(2) Special Incidents.

(3) Political Incidents.

(4) Strikes and Labour troubles.

(5) Communal matters.

(6) Meetings and Processions.

(7) Beggars.

(8) Leaflets.

(9) Fatal or serious motor accidents.

(10) Gambling cases.

(11) Cases under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act No. 104 of 1956).

(12) Hawkers and other street obstruction cases.

(13) Number of cattle impounded.

(14) Instances of good work by public and police.

(15) Remarks.

(g) He shall be responsible for enquiries into all Court Petitions and other miscellaneous enquiries arising out of Enquiry Slips and other requisitions from outside Calcutta pertaining to his police station and into arrests under section 54, Code of Criminal Procedure, 1898 (Act V of 1898).

(h) He shall be responsible for arrangements and supervision of night rounds.

(i) He shall be responsible to see that preliminary steps in traffic accident cases are properly taken.

(j) He shall see that houses declared to be brothels and disorderly houses are not used again as such.

(k) He shall be ultimately responsible for Government property at the police station including the cash and for the contents of the Malkhana.

(l) He shall control enquiries into suspicious and unnatural death cases and suspicious cases of injury as disclosed by medical certificates received from hospitals, into applications for eating house, bar and restaurant licenses and into the antecedents of candidates for superior Government appointments. Applications for licenses for new eating houses shall be enquired into by the Officer-in-charge himself or one of the Sub-Inspectors deputed by him.

(m) He shall be always courteous, dignified and prompt in his dealings with the public and must insist on his subordinates behaving with courtesy towards the public.

5. Duties of junior Sub-Inspectors. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Officer-in-charge may, subject to his general responsibility, utilise the services of Sub-Inspectors under him for the investigation of cases, maintenance of law and order and miscellaneous inquiries.
6. Duties of Sergeants posted to police stations. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of Sergeants posted to police stations in the own and suburbs of Calcutta shall be as mentioned below :-
(1) He will be responsible for daily detailing of duties to Police Constables and Head Constables attached to the police station.

(2) He will divide the total number of Constable attached to the police station into a number of sections (or groups), each section (or group) being put under the charge of a Head Constable. He will ensure that the Head Constable of a particular section knows all the Constables of the section by name, and, as far as possible, supervision of duties of Constables attached to a particular section (or group) should be done through the Head Constable of that section (or group).

(3) He will be responsible for ensuring proper discipline and cleanliness of the thana barracks.

(4) He will ensure that the relief of shift duties of the thana Constables and Head Constables is carried out punctually and that the relieving files are paraded at the thana and marched out as a file.

(5) He will ensure that all Constables on duty are properly and cleanly dressed.

(6) He will supervise the duties of Constables and Head Constables in different beats of the police station.

(7) He will ensure that carriage-ways and foot-paths in his jurisdiction are not obstructed by unauthorised persons.

(8) He will organise raiding parties to keep his area free of unauthorised hawkers, beggars, vagrants, stray cattle and similar other cases of nuisance.

(9) In all his duties, he will be subject to supervision by the Officer-in-charge of the police station and he will carry out all lawful orders of the Officer-in-charge of the police station.

(10) He will keep a personal diary in duplicate for each day and submit a copy thereof daily to the Assistant Commissioner of Police of his Division through the Officer-in-charge of his police station.

(11) He will carry out such other duties as may be allotted to him from time to time by the Officer-in-charge of the police station and other superior officers.

7. Duties of Assistant Sub-Inspectors. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (1) The object of posting Assistant Sub-Inspectors to a police station is to relieve the Officer-in-charge and Sub-Inspectors of as much clerical and routine duty as possible. To ensure that this result is achieved, the Divisional Deputy Commissioner and the Subdivisional Assistant Commissioner shall see that each Assistant Sub-Inspector is made responsible for certain specific duties. A chart shall be drawn up by the Officer-in-charge, and approved by the Subdivisional Assistant Commissioner showing distribution of the different registers to the different Assistant Sub-Inspectors and shall be hung up on the wall of the office. The Officer-in-charge shall be in general control of the office work of a police station but if, for example, a register in charge of an Assistant Sub-Inspector is found to have been incorrectly written, it is the Assistant Sub-Inspector who shall be held responsible unless there has been such gross neglect on the part of the Officer-in-charge as to show that the Officer-in-charge had not exercised any supervision.
(2) Assistant Sub-Inspectors shall not, except in unavoidable emergencies, be employed in investigation of cognizable cases or cases of suspicious or unnatural death unless they have been especially so empowered by the Divisional Deputy Commissioner.
8. Duties of Jamadars posted to police station or Guard. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of Jamadars posted to a police station or to a Guard shall be as stated below :-
(1) The Jamadar will function as a Welfare-cum-Discipline officer for the barrack attached to the police station or Guard where he may be posted.

(2) It will be his duty to ascertain the genuine grievances of Constables and Head Constables living in the barrack and to try to remove them by taking them up with the Inspector in charge of the police-station or of the Guard, as the case may be.

(3) The Jamadar-in-charge of a thana barrack will act as the general assistant of the Sergeant for enforcing provisions of regulation 6 which defines the duties of a Sergeant posted to a police station.

(4) In a police station, a Jamadar of the Unarmed branch will work directly under the supervision of the Sergeant posted to the police station subject to overall supervision of the Officer-in-charge of the police station. In other Guards, a Jamadar of the Unarmed branch will act directly under the Inspector-in-charge of the Guard.

(5) In every barrack where Constables and Head Constables live, a permanent register shall be opened to show arrival and departure of every member of the barrack noting the date and time of arrival and departure. It will be the responsibility of the Jamadar-in-charge of the barrack to ensure that this register is maintained properly. Any unauthorised absence of any member living in the barrack should be brought to the notice of the Officer-in-charge of the police station or the Inspector-in-charge of the Guard forthwith.

9. Duties of Head Constables. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of Head Constables posted to police stations shall be as shown below :-
(1) Each Head Constable in a police station shall be placed in charge of some Constables to look after particular areas of the police station known as “beats”.

(2) He shall be solely responsible for the proper performance of the duties of the Constables under him and for the maintenance of their discipline. He shall bring any case of default to the notice of his superior officers. He shall also be responsible for keeping up the morale of the Constables under him and he shall bring their legitimate grievances to the notice of his superior officers.

(3) He shall be mainly responsible for prevention of crime and keeping the footpaths and roads clear of obstructions in the area placed under his charge. Generally speaking he shall be responsible for the maintenance of law and order in that area.

(4) He shall check up the movements of the registered old offenders and bad characters of his area every night either personally or through the Constables under him, and report any case of absence or suspicion to his superior officers maintaining the Registers. Any case of new arrivals of suspicious characters shall be similarly reported by him at once.

(5) He shall collect the names of the public institutions, hospitals, clubs, etc., in his area from the Thana Note Book and get himself and his Constables acquainted with them and report anything unusual happening in them or amongst its members. Any addition to the said list shall also be similarly reported. He shall also know the respectable gentlemen living in his jurisdiction and be of help to them in the maintenance of law and order.

(6) He shall collect information about the rendezvous of the bad characters, old offenders and bullies of the area, keep watch on them and report to his superior officer. Anything interesting happening in his jurisdiction shall also be similarly reported by him.

(7) He shall occasionally test the knowledge of the Constables working under him regarding the area.

(8) He shall get himself acquainted with the latest circular orders and Commissioner’s orders and see that the Constables placed under his charge also know them.

(9) He shall be responsible for the service of summons and and other processes of courts which are endorsed in his name and shall also be responsible for the carrying out of the legitimate orders of his superior officers.

(10) He shall have his movements noted in the General Diary of the thana/unit concerned.

10. Duties of constables. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Constables at police stations may be employed as escorts and guards, for patrolling beats and other areas where the prevention and detection of crime necessitate it, for the regulation of crowds in markets or in festivals and melas. They may be deputed to collect definite information under the special orders of the Officer-in-charge. A Constable may also accompany an Investigating Officer on investigation to call witnesses and to effect arrests and on visits to surveillees at all hours. A Constable may be deputed for such other duty as the Officer-in-charge or his superior may consider necessary in the interest of public service.
Constables employed on beats will work under the general direction of the Head Constables in charge of the beat. They will maintain note books wherein they will note any interesting fact or unusual happening that comes to their notice in course of their patrol. The Head Constables or other officers to whom the Constable is subordinate will see these note books and put their initial and dates in token of their having seen them. The Constables should be well acquainted with the topography of the beats and know the residents of the area.
11. Duty Officer. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Officers-in-charge shall daily detail Sub-Inspectors and Assistant Sub-Inspectors to work as Duty Officers on the basis of 8-hour duty per officer.
(b) The Duty Officer throughout his turn of duty shall remain in uniform in the office room, and shall be immediately available to any member of the public who calls at the police station with complaints to record or to ask for information, etc. He shall receive all telephone calls.

(c) He shall make all entries of a routine or unimportant nature in the General Diary.

Note. – (i) Important matters, such as allegations against police officers, friction between members of the public and the staff of bus or tram companies, big fires, important accidents, etc. etc., shall be recorded by the senior Sub-Inspector present at the police station.

(ii) The officer who enters a charge in the Crime Register or draws up a First Information Report shall himself make the connected entry in the General Diary.

(iii) Information about officers arriving at or leaving the police station shall be recorded by the officers themselves.

(d) When a cognizable offence is reported it shall immediately be recorded by the Officer-in-charge or in his absence by the senior Sub-Inspector present. In the absence of all Sub-Inspectors, the Duty Officer, if an Assistant Sub-Inspector, shall enter the charge in the Crime Register and draw up a First Information Report.

(e) When a Traffic Police Head Constable or Constable calls with an accused person or to make a report of any kind, the Duty Officer shall sign the officer’s pocket book noting therein the time of his arrival and departure.

12. Barrack Inspection. – (1) At each section, sub-section, guard and outpost the barracks must be ready for inspection by the Officer-in-charge or any superior officer from 6 a.m. to 8 a.m. and from 4 p.m. to 5 p.m. daily. During this time all clothing except belts and great coats shall be kept in kit boxes. Beds must be made with a clean sheet spread on the top mosquito nets must be down, boots and shoes neatly arranged under the beds, kit boxes neatly arranged, only belts and great coats may be kept on the shelves and no uniform or private clothing must be hung up. The great coat is to be neatly folded.
Note. – (1) If the uniform is actually wet and cannot be hung up in the compound it may be hung up in the barrack.

(2) Men who have been on night duty can remain in bed, but their clothing must be put away as ordered above.

(3) The Officer-in-charge must see that all rooms are swept before the hours of inspection.

(4) The Officer-in-charge at each section and sub-section shall be responsible for seeing that these orders are obeyed, and the Sub-divisional Assistant Commissioners shall see that the orders are strictly enforced.

13. Treatment of visitors. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The necessity of correct etiquette and proper address when dealing with members of the public cannot be over-emphasised. Every member of the public must be treated with courtesy and respect.
(b) Members of the public wishing to record a complaint or information shall, on entering a police station be received by the officer on duty at the “Enquiry-Counter” or in his absence by the Duty Officer and shall be conducted to the appropriate officer.

If the appropriate officer is already occupied with another visitor, the last comer shall be offered a seat and shall wait his turn, unless his business is of such a nature that immediate action is necessary to prevent or detect any criminal offence.
14. Night rounds. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Night rounds are a very important part of the Duty of Officers of the police station staff, and every officer must perform these duties.
(b) Ordinarily the Officer-in-charge of a police station, Sub-Inspectors and Sergeants shall perform eight night rounds a month – all between the hours 00.00 and 05.00 during winter months i.e., in November, December, January and February and between the hours 01.00 and 04.00 during the other months of the year. Each of the Assistant Sub-Inspectors is required to do at least six night rounds a month. Ordinarily the Patrol Officer shall check up all Head Constables and Constables detailed for night patrol or beat but he shall give particular attention to affected beat or beats, if any.

(c) If the crime position of a police station is such that intense patrolling is necessary then officers may be booked for more night rounds.

(d) The Officer-in-charge of a police station shall be responsible for the patrol work of his staff, and he shall detail officers on night patrol subject to the approval of the Subdivisional Assistant Commissioner.

(e) Officers deputed for patrolling shall sign the Station Diary on leaving and on return. They shall note on their return exactly what rounds they have performed, what Constables were found on duty and where, and any other incident worthy of note including meetings with other officers.

(f) The duration of rounds need not exceed two hours, but shall be both as intensive and extensive, as the strength of the police force and the circumstances permit.

15. Personal Diary. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Officer-in-charge of a police station will submit daily personal diaries showing the work done by him in course of the day to his Assistant Commissioner who will forward the same with his comments to the Divisional Deputy Commissioner.
(b) All officers of the police station staff shall submit their personal diaries to the Officer-in-charge who shall submit them with his remarks along with his own personal diary to the Subdivisional Assistant Commissioner.

(c) The personal diary shall not contain abstracts of special diaries but shall indicate the time occupied in investigating a case and shall give a reference to the special diary of the case.

16. Verification rolls. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (1) Verification rolls received at police station in respect of a candidate for service under the Government shall be tested by a local inquiry made by an officer not below the rank of a Sub-Inspector.
(2) Verification rolls received at the police stations in respect of applicants for licenses shall after local enquiry be returned with report direct to the authority from whom they were received and in no case the reports shall be handed over to the applicants.
17. Responsibility of the Station Officer for instructing subordinates. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – It shall be the responsibility of the Officers-in-charge of police stations to see that every change or addition to the law which directly concerns the police, and every circular order, knowledge of which is likely to be useful to the officers under them, are read out and explained to Head Constables and Constables at Roll Calls repeatedly until thoroughly understood. The Assistant Sub-Inspectors and Constables must also be fully instructed regarding the names, characteristics and haunts of notorious bad characters, and particulars and descriptive rolls of all absconding offenders and other persons of whom the police are in search.
18. Government Property. – (a) An up-to-date list of all Government property signed by the Divisional Deputy Commissioner shall be maintained in each police station and outpost. Orders shall be obtained from him for necessary repairs or replacements.
(b) During their inspections, the Divisional Deputy Commissioners and Sub-divisional Assistant Commissioners shall check the Government property with the authenticated list and note any defects. The Deputy Commissioner shall keep in his office a Stock Book of all Government property in his division and shall have the authenticated list compared with this Stock Book at least once a year. A certificate that this has been done shall be noted in the Stock Book and a copy of the certificate shall be forwarded to Deputy Commissioner, Headquarters.

(c) Before any Government property is destroyed or sold the Officer-in-charge shall obtain a written order from the Deputy Commissioner of the Division in the Inspection Register and a copy of that order shall be sent for entry in the Divisional Office Register. After action the authenticated list at the police station shall be corrected, a reference to the Divisional Deputy Commissioner’s order being made in the remarks column.

(d) When any property has been sold, the sale proceeds shall be sent to the Calcutta Police Directorate. The number and date of the receipt for the sale proceeds shall be noted against the original order and shall also be reported to the Divisional Deputy Commissioner.

(e) When any property is damaged or lost it shall be the duty of the Officer-in-charge to enquire without delay into the cause of such damage or loss, as the case may be, and to submit a report to the Deputy Commissioner of the Division as to the cause of such damage or loss.

19. Immoral traffic in women and girls. – (a) Traffic in human beings is prohibited under Article 23 of the Constitution of India. Any contravention of this provision is an offence and is punishable under the law. Immoral traffic in women and girls is the most important aspect of this problem. Sections 363, 363A, 365, 366, 366A, 366B, 367, 368, 370, 371, 372 & 373 of the Indian Penal Code provide punishment for traffic in women and girls under different circumstances and conditions. But the special law on the subject is the Suppression of Immoral Traffic in Women and Girls Act, 1956 (No. 104 of 1956).
(b) The aforesaid Act seeks to punish those who keep brothels or allow any premises, to be used as a brothel. It not only seeks to punish such persons but also provides that any agreement or lease in respect of the premises so used shall become void and inoperative from the date of conviction. But prostitution itself is not made punishable. If it is done in the manner and circumstances which have an unhealthy influence on the members of the public it attracts the provisions of the law. It is an offence for any women or girl to carry on prostitution in any premises which are within a distance of 200 yards of a place of public religious worship, educational institution, hostel, hospital, etc. Solicitation for the purpose of prostitution is also punishable.

(c) The Act is mainly directed against those who thribe on prostitution. The following circumstances are made penal offences, namely :-

(i) Living on the earnings of prostitutes,

(ii) Procuring, inducing or taking woman or girl for the sake of prostitution,

(iii) Detaining a woman or girl in premises where prostitution is carried on,

(iv) Seduction of a woman or girl in custody.

(d) All the offences under the Act are cognizable but it has envisaged a special machinery for carrying out the purposes of the law. Action under this law is to be taken by special police officers. In Calcutta Assistant Commissioners of Police are appointed special police officers for this purpose. Powers of arrest, search and investigation in regard to the offences under the Act are given to the special police officers. But, for the efficient discharge of their functions, they can take the help of their subordinate officers who are directed to do so by the State Government.

(e) By order Nos. 1063/1(17)-SW, dated the 7th May, 1958, and 2800(17)-SW/41-58, dated the 2nd September, 1959. the State Government has directed that for the efficient discharge of his functions in relation to offences under the Act within the area of his local jurisdiction each of the special police officers shall be assisted by the following subordinate police officers under him, namely :-

(1) Inspectors and Inspectresses of Police,

(2) Sub-Inspectors and Sub-Inspectresses of Police,

(3) Sergeants,

(4) Assistant Sub-Inspectors and Assistant Sub-Inspectresses of Police,

(5) Head Constables, and

(6) Constables.

(f) The Officer-in-charge of a police station shall keep a record of addresses of convicted offenders left with him under the provisions of rule 6 of the West Bengal Suppression of Immoral Traffic in Women and Girls Rules. 1959.

(g) It shall be the duty of every police officer to keep information about prostitution and to report the existence of any brothel to his superior officers so that competent Magistrates may be moved for the closure of such brothel and the removal of prostitutes from any place.

(h) It shall be the duty of every police officer to stop indecent behaviour in any public street or thoroughfare, or in any place of public amusement or resort which has been made punishable under the Calcutta Police Act, 1866 (Bengal Act IV of 1866), and the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866).

20. Pound. – Public Pounds for cattle and other animals excepting dogs have been established in accordance with section 71 of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), at North Division office compound and Taltala police station (for elaborate instructions see Part I on Pounds in Chapter XXIX).
21. Dog Pound. – Under section 71 of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), a public pound for dogs has been established at the Karya police station (for elaborate instructions see Part I on Pounds in Chapter XXIX).
22. Stray dogs and dogs taken charge. – Stray dogs (not pariahs) or dogs taken charge of by the police because they are the subject-matter of a case, shall be sent from the police station to the Dog Pound together with a report; if it is a stray dog, the report shall contain details of the place where the dog was found and if it is a dog which is the subject-matter of a case, it shall be stated that the dog shall be detained pending orders of disposal.
23. Injury caused by dog bite. – (a) When a case of a person being bitten by a dog is reported at the police station, the Duty Officer shall record it in the general diary and the person bitten shall be advised to consider the question of anti-rabic treatment.
(b) If the dog be a pariah, it shall, if possible, be located, seized and sent to the Belgachia Veterinary College for observation and destruction after the period of observation is over. The person bitten shall be informed whether rabies is detected in the dog.

(c) If the dog has an owner, he shall be asked to produce it before the Divisional Deputy Commissioner not later than one day after the biting. The general diary shall be put up to the Deputy Commissioner at the same time. Ten days after the incident the dog shall, if fit, again be produced before the Deputy Commissioner, and the person bitten shall be informed whether the dog has developed rabies or not. If the dog developes rabies it shall be sent to the Belgachia Veterinary College for destruction.

(d) When a dog is sent to the Belgachia Veterinary College for observation or destruction the accompanying report shall either give the name and address of the owner or state that the dog is a pariah or a stray one.

24. Lost, stolen or unclaimed motor vehicles. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When the theft or loss of a motor vehicle is reported or when such a vehicle is deposited as unclaimed, the Duty Officer shall immediately inform the telephone Sergeant, Lallbazar, by telephone all the descriptions of the vehicle, including the registered number, engine and chassis number, make, model, colour, peculiarities, such as damage on the body of the car as a result of accidents, scratch or graze marks, etc.
The telephone Sergeant shall at once inform by telephone message to the following offices with a request to pass on the information to all concerned to be on the look out for the stolen or the lost motor vehicle, as the case may be, namely :-
1. Assistant Commissioner, Traffic.

2. Officer-in-charge, Wireless.

3. Deputy Commissioner, Detective Department.

4. Assistant Commissioner, Criminal Intelligence Department.

5. Officer-in-charge, Criminal Record Section.

6. Director, Public Vehicles Department.

7. All Divisional Deputy Commissioners.

8. Officer-in-charge, Information Bureau.

9. Inspector-General of Police, P.B.X., for communication to Superintendent of Police, Wireless, Superintendent of Police, 24- Parganas, Superintendent of Police, Howrah, Superintendent of Police, Hooghly and Special Superintendent of Police, CID.

(b) The Divisional Officers on receipt of the message shall immediately circulate to all the thanas under them and the firm bases. They shall make it a point to see that the detailed description of the stolen, lost or unclaimed motor vehicle is given.

(c) Officer-in-charge, Wireless, after receiving the message shall at once transmit the same to the roving wireless vans out on the streets who in their turn shall pass on the information to Patrol Squads, firm bases and the Traffic points to be on the look out for the missing motor vehicle.

(d) The Criminal Record Section of the Detective Department shall immediately make a note of the stolen or lost motor vehicle, prepare an index card and arrange to publish a notification of the case in the “Calcutta Police Gazette.”

(e) When a stolen or lost motor vehicle is recovered similar action as in clause (a) shall be taken immediately.

25. Missing persons and children. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – All cases of missing persons, including children, reported at the police stations and outposts shall be entered in the General Diary, and endeavour shall be made to trace them out, specially the children. When such missing cases are reported, the Information Bureau, Lallbazar, shall be promptly informed and when traced, further report shall be sent to the Information Bureau, to keep the records of the Bureau up-to-date. If after considerable time no trace of the missing persons or children is found their descriptive rolls shall be printed in the “Calcutta Police Gazette” and shall be sent to the Station Director, All India Radio, Calcutta, or favour of broadcast.
26. Vagrants and Beggars. – (a) The term “begging” has been defined in clause (a) of sub-section (4) of section 363A of the Indian Penal Code. The aspect of begging is also included in the term “Vagrancy”. The law on the subject is the Bengal Vagrancy Act, 1943. The provisions relating to vagrants are also laid down in section 70 of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), and section 40(17) of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866). There are special provisions for neglected children in West Bengal Children Act, 1959 (West Bengal Act XXX of 1959), so that they may not increase the number of vagrants. Section 363A of the Indian Penal Code envisages punishment for a person who not being the lawful guardian of a minor uses such minor for the purposes of begging.
(b) The evil of kidnapping of children for exploiting them for begging is covered by section 363A of the Indian Penal Code. This section also provides for deterrent punishment for the greater evil of maiming of children so as to make them objects of pity. The offence is cognizable.

(c) When a child is found begging independently and without anybody’s instigation, the provisions of the West Bengal Children Act, 1959 (West Bengal Act XXX of 1959), are to be invoked.

Any police officer can take into custody a person reasonably believed to be a neglected child but shall bring him before the Magistrate having jurisdiction within 24 hours. The police officer taking the child into custody shall also make a report to the court regarding the child and if the child is removed or concealed, the court may issue a warrant and send the child to a reception home after recovery. Even when enquiries about this type of child are pending the court can send him to a reception home and if the court is satisfied that such a child is a neglected child, it can commit him to a reformatory or industrial school till he attains the age of 18 years (section 31).
(d) Any police officer authorised in this behalf by the Commissioner may require an apparent vagrant to accompany him or any other police officer to a Special Magistrate appointed under section 5 of the Bengal Vagrancy Act, 1943. If he refuses or fails to accompany the officer, he may be arrested without warrant and dealt with under section 20 of the Act. If upon a summary enquiry the Special Magistrate declares the person brought before him to be a vagrant, he shall forthwith be sent to the Officer-in-charge of a receiving centre with a certified copy of the Magistrate’s declaration.

(e) Police officers attached to a police station shall pay special attention to the nuisance caused by beggars on the streets, specially at tram terminuses, street corners, markets, banks, places attracting foreigners and in respectable residential areas. If they find the menace difficult to manage locally, they shall inform Deputy Commissioner, Enforcement Branch, through their Divisional Deputy Commissioner of Police. The Deputy Commissioner of Police, Enforcement Branch, shall arrange periodical drives with the help of his officers and also with that of the officers drafted from the Divisions.

27. Lunatics. – (a) The power of an Officer-in-charge of a police station in respect of a lunatic is laid down in section 13 of the Indian Lunacy Act, 1912 (IV of 1912).
(b) When a person reasonably believed to be a lunatic is taken into custody by the police, he shall be taken to the police station within the jurisdiction of which he was arrested, and the Officer-in-charge shall at once make thorough and careful enquiries in order to fill in the descriptive roll in triplicate of the lunatic in West Bengal Form No. 216 (Form C). If the descriptive roll is prepared by a police officer below the rank of an Inspector, it shall be countersigned by an officer of or above the rank of an Inspector but it shall preferably be checked and countersigned by the Subdivisional Assistant Commissioner.

(c) The suspected lunatic and his descriptive roll shall then be placed before the Commissioner. If the Commissioner is satisfied that there are grounds for proceeding further he will send him with the descriptive rolls in triplicate and a forwarding letter in West Bengal Form No. 4319 to the Professor of Medical Jurisprudence, Calcutta Medical College. The said Professor shall examine the suspected lunatic, and on his report, the Commissioner may direct the detention of the suspected lunatic in the Mental Observation Ward for observation for a total period not exceeding thirty days to enable the aforesaid medical officer to determine whether a medical certificate may be properly given in respect of the suspected lunatic.

(d) If the Commissioner is satisfied upon such enquiries as he thinks proper that the person arrested is a lunatic, and a proper person to be detained, and if the medical officer gives the necessary medical certificate, he may make a reception order for the admission of the lunatic into the Ranchi Mental Hospital.

(e) Before the suspected lunatic is sent to the Observation Ward, a thorough enquiry shall be made by the local police about the financial position of the guardian of the lunatic who is legally bound to bear the maintenance charges during the period of detention. There are four classes of patients, namely, first, second and third class paying patients, and pauper patients for whom there is no charge. If on enquiry it transpires that the guardian is in a position to pay this charge, an undertaking shall be taken from such guardian regarding the payment of the maintenance charges mentioning therein the class in which the patient is to be treated. Charges for 10 days’ treatment shall be recovered in advance, and deposited with the Superintendent, Mental Observation Ward, Bhowanipur, before the admission of the patient. If the guardian cannot pay, the patient shall be classed as a pauper.

(f) Before a lunatic is sent to the Ranchi Mental Hospital for treatment, the Commissioner, shall carefully ascertain the financial position of the guardian of the lunatic who is legally bound to bear the cost of maintenance of the lunatic. If on enquiry it transpires that the guardian is in a position to meet the charges of the Mental Hospital, an undertaking to pay the charges shall be taken from him, and in it the class in which the patient is to be treated shall be clearly stated. There are a limited number of free beds in the Ranchi Mental Hospital which are reserved for really deserving pauper cases. Before sending a lunatic to the Ranchi Mental Hospital enquiries shall be made whether accommodation is available. The Commissioner shall pass the reception order on the Superintendent, Ranchi Mental Hospital.

(g) Suspected lunatics sent for observation shall be sent in a conveyance and not on foot.

28. Lepers. – (a) The Lepers Act, 1898 (III of 1898), deals with lepers.
(b) Any police officer may arrest without warrant under section 6 of the Lepers Act, 1898, any person who appears to be a pauper leper. The officer shall then take or send him to the nearest police station.

(c) A pauper leper brought under arrest to a police station shall forthwith be sent to the Controller of Vagrancy to be detained in one of the leper asylums under him under orders of a Magistrate who attends the Home on specified days in the week to dispose of the cases. The Magistrate may order the detention and treatment of a leper produced before him in a leper asylum.

(d) The truck placed at the disposal of the Controller of Vagrancy specially for the purpose shall be used for the carriage of the lepers.

(e) Pauper lepers who are also beggars may be dealt with under the provision of the Bengal Vagrancy Act, 1943 (Bengal Act VII of 1943).

29. Rowdyism. – Comprehensive and consolidated instructions to deal with rowdyism in its various forms are given in the appendix.
30. Explosions. – (a) When a serious explosion occurs the Officer-in-charge of the police station concerned shall immediately inform by telephone the following officers, namely :-
(i) Divisional Deputy Commissioner;

(ii) Deputy Commissioner, Special Branch;

(iii) Deputy Commissioner, Detective Department;

(iv) Subdivisional Assistant Commissioner;

(v) Assistant Commissioner II, Detective Department;

(vi) The Chief Inspector of Explosives.

(b) The Subdivisional Assistant Commissioner shall personally supervise the enquiry.

(c) The wreckage and debris shall not be touched or removed without the orders of the Divisional Deputy Commissioner or Subdivisional Assistant Commissioner, and if the Chief Inspector of Explosives directs an enquiry everything shall be left as it is until he or his officer arrives and takes charge of the necessary articles for expert examination.

31. Treatment and handling of bombs, etc. – (a) All officers shall be fully acquainted with the contents of the pamphlet “Instructions for dealing with substances or objects suspected to be Explosives.” The Calcutta Police Directorate shall see that all police stations are supplied with a copy of the same.
(b) When a suspected bomb is discovered the following officers shall be informed by telephone, namely :-

(i) Divisional Deputy Commissioner;

(ii) Deputy Commissioner, Special Branch ;

(iii) Deputy Commissioner, Detective Department;

(iv) Subdivisional Assistant Commissioner;

(v) Assistant Commissioner II, Detective Department;

(vi) Inspector of Explosives;

and a guard shall be placed over the bomb at a reasonable distance.
32. Accidents of the nature referred to in section 27 of the Petroleum Act, 1934 (Act XXX of 1934). – Accidents of the nature referred to in section 27 of the Petroleum Act, 1934 (XXX of 1934), shall be immediately reported to the Inspector of Explosives.
33. Sulphur, saltpetre, chlorates. – (a) Sulphur, saltpetre, chlorates are ammunition under section 2(1)(b)(VII) of the Arms Act, 1959 (No. 54 of 1959), read with Central Government Notification No. G.S.R. 988, dated 13th July, 1962. There is, however, no restriction on saltpetre in Calcutta as well as in the districts except districts on the external land frontier of India. Sulphur not exceeding 50 kilograms in weight can be stored, used or sold by any person without any licence in Calcutta as well as in the districts except districts on the external land frontier of India. Chlorates cannot be handled without any licence but medical practitioners and dispensing chemists have been empowered to deal with the stuff without licence; they can sell medical preparations containing chlorates only to persons who have prescription or certificate from registered medical practitioners and this is to be done in accordance with such conditions as may be prescribed under item No. 13 of Schedule II to the Central Government Notification No. G.S.R. 991, dated 13th July 1962. Otherwise, sale and purchase of chlorates without licence are criminal offences punishable under the appropriate clause of section 25 of the Arms Act, 1959. Arsenic Sulphite and Yellow Phosphorous are poisons as enumerated in Schedule I of the Poisons Rules, framed under the Poisons Act, 1919. Nobody can trade in these stuffs without licence.
(b) Chlorates are hazardous substance. They explode when subjected to shock or heat. They form explosive mixtures when they are mixed with combustible materials like sulphur, phosphorous, sugar, etc. If chlorate is used for making explosives, two licences are necessary – one under the Arms Rules, 1962, for its possession and the other under the Explosives Rules, 1940 for the manufacture of chlorate explosives.

(c) Chlorate explosives are commonly found in the shape of fireworks and indigenous bombs. Fireworks come within the category of explosives under section 4 of the Indian Explosives Act, 1884. Unauthorised possession, transport., manufacture storage or sale of fireworks is punishable under sections 5 and 6 of the Indian Explosives Act, 1884. Manufacture of fireworks without licence is illegal. Fireworks dealers authorised to sell fireworks are permitted to display for sale fireworks to the extent of five pounds only. In the case of unlawful and malicious explosion and possession of explosive substances graver punishment is provided for under sections 4 and 5 of Explosive Substances Act, 1908. Bombs are generally exploded with intent to cause injury to life or damage to property. Hence such offences will come under the purview of Explosive Substances Act, 1908.

(d) Reports of all cases under the Indian Explosives Act, 1884 and Explosive Substances Act, 1908, should be sent to the Detective Department and Arms Act Department immediately after the institution of the case or seizure of the article. The report should contain the following :-

(i) Name of the informant or complainant,

(ii) Place of occurrence,

(iii) Date and hour of seizure of property and arrest of accused,

(iv) Name, address and profession, if any, of the accused,

(v) Nature, quantity of articles seized. Marks of identification such as number, maker’s name, etc.

(vi) Explanation of the accused, if any, as to the source of the receipt of the offensive article or weapon,

(vii) Section under which charged.

A supplementary report on the result of the case should also be submitted immediately after its final disposal.
(e) In case of any incident of explosion or find of any explosive substances, the police officer should observe this following instructions issued by the Government of India :-

(i) When explosive substances are met with, the police officer should not touch anything but should at once arrange for the proper guarding of the place and all unnecessary persons should be sent away and none will be allowed there.

(ii) The local officer will inform his immediate superior officer.

(iii) If he has any reason, however slight, to suspect, the substance, which he is dealing with, dangerous, he will regard it as being highly explosive until such time as it is proved to be otherwise.

(iv) No smoking, light, matches or fire in or near the premises is to be allowed.

(v) If anything is to be handled, it should be handled slowly, gently and thought fully using as little force as possible.

(vi) He should not, on any account, shake, invert or drag any case or article.

(vii) If, after inspection, he suspects the substance to be dangerous and if the quantity is small, he should put it into clean water for about 24 hours, then cover the vessel and send it by hand to the Inspector of Explosives concerned. Crude bombs containing gunpowder or chlorate mixtures, made up in non-watertight cases, become inactive when properly soaked in water. Water-soaked crude bombs should be carefully packed in wet straw, cotton or wool and sent to the Inspector of Explosives. The carrier is to be warned that during transportation the articles should receive minimum of shock or jarring. The detailed police report should always accompany the suspected bomb.

(viii) If the bomb is well made and there is a possibility that water may not have penetrated inside or in case of explosive materials exceeding a pound or so in weight, an intimation is to be sent to the Inspector of Explosives asking for his assistance.

(ix) In case of an accident, the notice of accident is to be given forthwith under section 8(1) of the Indian Explosives Act, 1884, to the Chief Inspector of Explosives.

(f) Whenever there is a report of any case arising out of Explosive Substances Act, 1908, the Investigating Officer shall inform forthwith the Detective Department and if the case has any political bearing the Special Branch shall also be informed.

(g) All cases under Explosive Substances Act, 1908, shall be treated as Special Report cases and progress reports are to be submitted by the Investigating Officer every fortnight.

34. Poison Shops. – (a) Under rule 10 of the Poisons Rules, framed under the Poisons Act, 1919 (XII of 1919), any police officer of and above the rank of Inspector or any Sub-Inspector of Police duly empowered in this behalf by the Commissioner may at any time visit and inspect the premises of a licensed dealer whore any of the poisons are kept for sale.
(b) They shall at least once a quarter visit and inspect all licensed premises and examine the stock found therein and the register maintained under the Poisons Act, 1919.

(c) They shall maintain an Inspection Register to note the date, time and result of their visits.

(d) They shall report any serious breach of the conditions of a license to the Assistant Commissioner, Arms Act Department, without delay.

35. Offences connected with opium. – (a) Police officers shall not take any action under the Bengal Opium Smoking Act, 1932 (Bengal Act X of 1932). If they receive any information of an offence punishable under the Act they shall inform the nearest Excise Officer who shall take such action as may be necessary.
(b) They shall, however, take action under the Dangerous Drugs Act, 1930 (II of 1930), against persons accused of the possession, sale and manufacture of prepared opium.

36. Examination of Motor Vehicles etc., in accident case. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) In all cases of accidents involving a motor vehicle or a tram car, the Officer-in-charge of the police station concerned shall requisition the services of a technical officer from the Traffic Operation and Information Room, Lallbazar, whenever the vehicle or the car, as the case may be, is detained at the scene of the accident or is brought to the police station.
(b) Police shall try to keep the vehicle or the car exactly where it was when first found after the accident and not allow parts or controls thereof to be interfered with or even adjusted unless (i) care of the injured makes it necessary to move the vehicle or the car, (ii) the vehicle or the car causes serious traffic dislocation, or (iii) the arrival of the technical officer from the Traffic Operation and Information Room, Lallbazar, is unduly delayed.

(c) The Officer-in-charge of the police station shall not allow any such vehicle or car to be removed before mechanical and forensic examinations are completed by the Traffic Police Investigating Officer and “no objection” intimation is received from the Inspector, controlling the investigation.

(d) The technical officer shall hold the mechanical examination either at the scene of the accident or at the police station unless otherwise directed by the Deputy Commissioner of Police (Traffic).

(e) The technical officer shall make a record of his examination in the general diary of the police station and prepare a report in triplicate. The original and the second copy of the report shall be forwarded to the Assistant Commissioner of Police, in charge of investigation on the same date. The third copy of the report shall be submitted to the Officer-in-charge of the police station immediately after the examination is completed. The Officer-in-charge shall forward the copy of the inspection report to the Deputy Commissioner of Police (Traffic), for record in the Statistical Section of the Traffic Department.

37. Electrical accidents. – All electrical accidents causing loss of life or serious injury to person, or property shall be reported to the Chief Electrical Inspector so that he may depute an officer of his department to investigate them.
38. Treasure trove. – (a) The finding of statuary, coins and other treasure buried under ground shall, if brought to the notice of an Officer-in-charge of police station, be reported through the Commissioner to the Government.
(b) The law regarding treasure trove, i.e., anything of value hidden in the soil or in anything affixed thereto, is contained in the Indian Treasure Trove Act, 1878. Whenever treasure exceeding in value of Rs. 10 is found, the finder shall deposit the same as provided in section 4 of the Act.

39. Removal of deadbodies of the streets. – (a) The local police shall arrange for the removal of deadbodies from the streets or side-walks at the earliest possible moment after they receive information of the presence of such a body. For this purpose a Corpse Disposal Van may be obtained from Lallbazar, or if it is a Muslim corpse from the Anjuman Mofidul Islam or it is a Hindu corpse from the Hindu Satkar Samity.
(b) Until the vehicle arrives at the spot the deadbody shall be covered decently and if possible, removed as quickly as possible, to the side of the road or to a nearby compound away from the public gaze.

40. Removal of carcasses from the streets. – When information is received that a carcass is lying on the street, the information shall be recorded in the General Diary and reported at once by telephone to the Corporation Gowkhan a Office who shall send a lorry to remove the carcass.
41. Unauthorised disposal of carcasses. – The unauthorised disposal of carcasses within the Calcutta Municipal area is forbidden by the by-law made under section 527(33) of the Calcutta Municipal Act, 1951 (West Bengal Act XXXIII of 1951). Carcasses should be sent for disposal either to one of the Municipal Depots or to the Corporation skinning platform at Dhapa. Whenever an offence of this nature comes to the notice of a police station officer he shall enter a report in the General Diary and forward an extract thereof to the District Engineer of the Calcutta Corporation for necessary action.
42. Drunkenness and Medical Examination. – (a) Drunken persons shall not be sent to hospital as a matter of routine.
(b) If a person is found drunk and incapable of taking care of himself or guilty of any riotous or indecent behaviour in any public street or thoroughfare or in any place of public amusement or report, he is able to be prosecuted under section 68 of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), or section 41 of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866).

(c) Persons found drunk and insensible shall however be sent to hospital immediately.

(d) A medical certificate is needed if a drunken person commits a criminal offence, e.g., grievous hurt while under the influence of drink.

(e) Under section 117 of the Motor Vehicles Act, 1939 (IV of 1939), driving under the influence of drink or a drug to such an extent as to be incapable of exercising proper control over the motor vehicle is an offence and drunkenness in such cases is to be proved and a medical certificate is needed.

43. Posters and Advertisements. – Special attention shall be paid to seeing that posters and advertisements fixed on trees, poles or posts which are the property of the Municipal Corporation, Telegraph Department, Telephone or Tramways Companies are promptly removed and that the persons fixing them without permission, or painting or stencilling advertisements without permission are arrested and prosecuted.
44. Distress Warrants. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Officer-in-charge of a police station is personally responsible for the proper execution of all distress warrants excepting such warrants issued in certificate cases under the Bengal Public Demands Recovery Act, 1913 (Bengal Act III of 1913). He shall personally scrutinise all distress warrants executed or partially executed and shall endorse the results on the back of the warrants. At least 10 per cent of the unexecuted warrants reports shall be locally varified by a Sub-Inspector.
45. Summonses. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A summons shall, if practicable, be served personally on the person summoned by delivering or tendering to him one of the duplicates of the summons. The serving officer shall require the person summoned to sign a receipt therefor on the back of the other duplicate (see section 69 of the Code of Criminal Procedure, 1898, Act V of 1898). If, however, the person refuses to accept or sign the summons, the serving officer shall note that fact on the summons before returning it to court.
(b) When the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates with some male member of his family or in the Town of Calcutta with his servant residing with him. The person with whom the summons is left shall be asked to sign a receipt therefor on the back of the other duplicate. The serving officer shall then note on the duplicate copy of the summons that he made his best endeavours to effect personal service on the person and that the person evaded service or that he could not be found by the exercise of due diligence [see section 70 of the Code of Criminal Procedure, 1898 (Act V of 1898.)]

Note. – If the person summoned cannot be found, the summons cannot be served on a female.

(c) If the summons cannot be served after due diligence in the manner stated above, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides (see section 71 of the Code of Criminal Procedure, 1898). This posting, if possible, shall be done in presence of witnesses who shall be asked to sign in attestation of the report of the serving officer.

(d) No summons shall be returned with a simple endorsement “duly served and returned”. The method of service shall be clearly stated as indicated above.

(e) When the summons cannot be served in any of the three ways mentioned above, it shall be returned as unserved with a report showing the action taken.

(f) All summonses for service shall be returned not later than the returnable date, i.e., at 10-30 a.m. on the day previous to the date of hearing of the case.

46. Bail Bonds. (Section 3, Bengal Act II of 1866.) (Section 9, Bengal Act IV of 1866.). – (a) Great care shall be taken in filling up bail bonds. Such bonds are quite valueless for the purpose of taking action against the accused or the surety for non-appearance on the date fixed if the space for the date fixed is left blank or filled up illegible.
(b) In accordance with section 77 of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), and section 46 of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866), read with section 496 of the Code of Criminal Procedure, 1898 (Act V of 1898), bail bonds must invariably be signed by the Officer-in-charge of the police station and he shall be held personally responsible for the due release of the accused and proper execution of the bond.

(c) It is illegal and therefore strictly forbidden for any police officer except the Officer-in-charge of a police station to enlarge an accused on personal recognizance with or without sureties. The practice of signing bail bonds “on behalf of the Officer-in-charge” is therefore also illegal and is strictly forbidden.

47. Detention of Rickshaws and Hackney Carriages. (Section 3, Bengal Act II of 18(56) (Section 9, Bengal Act IV of 1866). – The police cannot detain rickshaws and hackney carriages at sections or sub-sections to ensure the appearance of the driver in court to answer the charge brought against him. In such case, bail shall be immediately granted. In the event of the accused being unable to furnish bail, intimation shall be sent to the owner of the vehicle with the request that the vehicle be taken charge of as soon as possible.
48. Assistance to Civil Court staff. (Section 3, Bengal Act II of 1866.) (Section 9, Bengal Act IV of 1866.). – (a) If a bailiff or other officer applies to the police for assistance in the execution of a Civil Court warrant or decree such assistance shall be supplied only if, in the opinion of the Officer-in-charge of the police station, there is reasonable apprehension of a breach of the peace. Assistance in the execution of such a process shall not be given to the extent of entering houses, breaking open doors and locks, etc., but shall be limited to preventing a breach of the peace.
(b) Officers-in-charge of police stations are directed to render any police help or assistance where such help is sought for in apprehension of breach of peace to the Sheriff of Calcutta or any Courts’ Officer of the Court of Small Causes, Calcutta, or City Civil Court, Calcutta, in executing decrees for possession without levy of any charges for the supply of police on the occasion.

(c) Officer-in-charge of police stations are also directed to render police help or assistance where such help is sought for in case of necessity for realisation of Government dues to the Nazarath executing staff of the Alipore Collectorate. A report of all such police help is to be sent to the Administrative Officer, Calcutta Police, Lallbazar, for information.

49. Copies of all telegrams issued from police stations shall be sent to the Administrative Officer immediately after issue.
50. Fare Tables. – An up-to-date copy of the fare tables of taxis, hackney-carriages and rickshaws shall be hung up at each police station.
51. Court attendance slip. (Section 3, Bengal Act II of 1866.) (Section 9, Bengal Act IV of 1866.). – Police officers attending Court shall present to the Court Inspector or Sub-Inspector the court attendance slip (Calcutta Police Form No. 87) at the time of arrival and departure and obtain his initials with date and time. These slips shall be preserved at the police stations or outposts to which the officers are attached until examined weekly by the Subdivisional Assistant Commissioners who shall compare them with the entries in the general diary and not the duty register. Specific instances of delay on the journey or long detention in court shall be investigated and the causes thereof ascertained and eradicated.
52. Testing of Weights and Measures. – Standard weights and measures shall be kept in the office of the Commissioner. Weights and measures not agreeing with such standards shall be held to be false.
53. Unbranded and Unregistered horses. – (a) A police station officer registering cases brought in by the agents of the Calcutta Society for the Prevention of Cruelty to Animals or by the police shall carefully examine horses brought in and, if any, horses to which the provisions of the Calcutta Hackney Carriage Act, 1919 (Bengal Act I of 1919), are applicable, are found unbranded and unregistered, shall himself enter a further charge against the owner of the carriage under section 29 of that Act.
(b) The recording police officer in the case against the owner and the complainant constable, if any, shall, if possible, satisfy themselves by personal inspection, that the unregistered horse had been in harness and in use at the time of the complaint.

(c) Both the cases with regard to the same horse or horses shall bear consecutive numbers in the petty case register.

(d) The usual application for process against the owner shall be forwarded to the Magistrate.

(e) It is also the duty of the Society’s agents to bring to the notice of the Officer-in-charge of the police station all cases of cruelty to horses in which they have made arrests and have found that the horses were unbranded and unregistered.

54. Seizure of dangerous drugs. – Officers-in-charge of police stations shall keep a record of every grain of cocaine and other drugs declared dangerous under the Dangerous Drugs Act, 1930 (II of 1930), seized in their jurisdiction. When such a seizure is made they shall submit a report to the Deputy Commissioner, Detective Department, giving the name and father’s name of the persons arrested, their Calcutta addresses, the case number and date, the amount of cocaine, etc., found and its value and the result of the case.
The quantity of cocaine and similar drugs seized shall invariably be noted in terms of grains and not merely of the number of packets.
II – Information

55. Recording of first information of a cognizable crime. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When a cognizable crime is first reported at a police station within the town of Calcutta or the suburbs of Calcutta, the information shall, under section 154 of the Code of Criminal Procedure, 1898, be drawn up by the Officer-in-charge of the police station in B.P. Form No. 27 in accordance with the instructions printed with it. The Officer-in-charge shall enter the charge in the Crime Register (West Bengal Form No. 4349) under the appropriate section of the law and also record a gist of the information in the General Diary (West Bengal Form No. 4350) giving the cross-reference of the entry number in the Crime Register and shall sign the entries.
(b) The information of a cognizable crime that shall first reach the police, whether oral or written shall be treated as the first information. It may be given by a person acquainted with the facts directly or on hearsay, but in either case it shall constitute the first information required by law upon which the enquiry shall be taken up. When hearsay information of a crime is given the station officer shall not wait to record, as the first information, the statement of the actual complainant or an eye-witness.

(c) A vague rumour shall be distinguished from a hearsay report. It shall not be reduced to writing or signed by the informant, but entered in the general diary. If, on subsequent information a vague rumour proves to have been well-founded, such subsequent information shall constitute the first information.

(d) Report by Telephone. – If a cognizable crime is reported by telephone an entry of the message shall be made in the general diary and an officer shall be immediately deputed to verify the genuineness of the message. If the message is found to be genuine but the informant remains anonymous or cannot be found the officer receiving the message shall himself lodge the information on the basis of the message.

(e) Police officers shall not defer drawing up the information report until they have tested the truth of the complaint. They shall not await the result of medical examination before recording a first information when a complaint is made of grievous hurt or other cognizable crime.

(f) Report to Asstt. Sub-Inspector in charge of police station. – An Assistant Sub-Inspector left in charge of a station may accept a written report of a cognizable offence. He shall get the report signed by the person giving it, enter an abstract of it in the general diary and report the fact to the Officer-in-charge of the station, or any other officer who may first be available to take up the investigation.

If the report of a cognizable offence is given to such Assistant Sub-Inspector orally, he shall similarly enter an abstract of it in the general diary, and shall ask the informant to await the arrival of the Officer-in-charge or any other officer empowered to take up investigation.
If the report relates to the occurrence of a heinous crime, he shall send immediate information to the Sub-divisional Assistant Commissioner, and if the facts of the case, as may occur in dacoity, murder, etc., require the immediate apprehension of the accused he shall take all possible steps to effect arrest.
(g) First Information Reports, once recorded, shall on no account he cancelled by police station officers.

56. Institution by police officers of certain cases of assault. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – If a police officer lodges a first information of having been assaulted in the performance of his duties as a public servant, the Officer-in-charge of a police station shall draw up a first information and enter the charge in the Crime Register irrespective of whether the police officer concerned has obtained the previous permission of his Deputy Commissioner or Assistant Commissioner.
57. Information of a cognizable crime committed by a police officer. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When information is lodged at a police station that a police officer has committed a cognizable offence, the Officer-in-charge shall draw up a First Information Report in accordance with the procedure laid down in regulation 55 immediately inform the Divisional Deputy Commissioner and the Subdivisional Assistant Commissioner by telephone and start the enquiry.
58. Cognizable offence referred by a Magistrate. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When a Magistrate directs the police to enquire into the complaint of a cognizable offence, of which no previous information has been laid before the police, the written information sent by the Magistrate to the police shall be treated as the first information.
(b) In every case referred to the police for enquiry, a date may ordinarily be fixed by the Magistrate by which the report or an explanation of the cause of delay shall reach him.

59. Uncertainty as to jurisdiction. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – If it is uncertain whether the place where a reported offence has been committed lies in the jurisdiction of the Calcutta Police or the West Bengal Police or in the jurisdiction of another police station of the Calcutta Police, the Officer-in-charge of the police station to whom the case has been reported shall not, on this account, refrain from investigation. On the contrary he shall take up the investigation and if after preliminary investigation he is satisfied that the occurrence took place outside his jurisdiction, he shall transfer the case to the police station having jurisdiction.
60. List of stolen property to be obtained from the complainant. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – In cases involving loss of property, the complainant shall be required to put in a list of the property stolen, signed by himself, which shall be noted in the First Information Report and in the charge in the Crime Register. If the complainant is unable to furnish a list of the lost property when he gives the first information, he shall be required by the Investigating Officer to supply such a list in writing as soon as possible. The Investigating Officer shall mention the same in the special diary of the case on the very day he gets the list. Every effort must be made to secure from the complainant at the time when the first information is recorded the most precise description of the stolen property.
61. Telephonic report of serious offences. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Whenever information of the commission of any of the following offences is reported to any police station immediate information shall be given by telephone during office hours to the Assistant Commissioner, Detective Department, who shall inform his Deputy Commissioner and out of office hours and on Sundays and holidays to the Information Bureau, Lallbazar, which shall inform the Deputy Commissioner and the Assistant Commissioner of the Detective Department, namely :-
(1) Murder.

(2) Dacoity.

(3) Highway robbery and mail robbery.

(4) Important burglaries in which, professional criminals are suspected or cases believed to be the work of organised gangs.

(5) Thefts of arms and ammunition.

(6) Manufacturing coins, stamps or currency notes.

Telephone messages shall be immediately followed by a short written report giving brief details of the cases reported.
62. Action to be taken on receipt of information regarding intestate property. – (a) On receipt of information that any person, who has died intestate, has left moveable property to which there is no claimant, the Officer-in-charge of a police station shall take possession of the property and shall forward to the Commissioner a list of all items of property taken into custody. The list shall specify the approximate value of the property including the value of any animal if there be any which is to be impounded, pending orders of disposal.
(b) Disposal of such property. – If the said property appears to have been left by a person who has died intestate, and not to be under two hundred rupees in value, the Commissioner shall communicate with the Administrator General with a view to its being dealt with under the Administrator General’s Act, 1913 (III of 1913), or any other law for the time being in force.

(c) In every other case the Commissioner shall issue a proclamation specifying the articles of which such property consists and requiring any person who may have a claim thereto to appear before himself or some other officer whom he appoints in this behalf and establish his claim within six months from the date of such proclamation.

(d) If the property, or any part thereof, is subject to speedy and natural decay, or consists of livestock or if the property appears to be of less value than five rupees, it may forthwith be sold by auction under the orders of the Commissioner and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property.

(e) The Commissioner shall, on being satisfied of the title of any claimant to the possession or administration of any property referred to in clause (c) above, order the same to be delivered to him, after deduction or payment of the expenses properly incurred by the police in the seizure and detention thereof.

(f) The Commissioner may, at his discretion, before making any order under clause (e) above, take such security as he may think proper from the person to whom the said property is to be delivered; and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of such property from the person to whom it may have been delivered pursuant to such order.

(g) If no person establishes his claim to such property within the period prescribed in clause (c) above, it shall be at the disposal of the State Government; and the property or such part thereof as has not already been sold under clause (d) above may be sold by auction under orders of the Commissioner.

63. Forged Currency Notes. – (a) When a forged currency note is received by the police in any police station from any source, the Officer-in-charge shall immediately start an enquiry and report the matter to the Deputy Commissioner, Detective Department, who shall inform the Currency Officer, Calcutta. A copy of the report shall also be sent simultaneously to the Deputy Inspector-General of Police, Criminal Investigation Department, West Bengal.
(b) The report shall contain the following information regarding each note or series of notes, namely :-

(i) Denominations,

(ii) Serial letters and numbers,

(iii) General number,

(iv) Circle and date of notes of old type,

(v) Place of appearance,

(vi) Date of appearance, and

(vii) Whether process made or hand-made.

If it cannot be decided in the first instance whether the note is process-made or hand-made, expert opinion shall be obtained as early as possible and a supplementary report supplied to the Currency Officer.
(c) If an enquiry about any forged currency note is considered necessary the note shall be forwarded to the Currency Officer through the Deputy Commissioner, Detective Department, alone with the report mentioned in clause (a). Otherwise the forged currency note shall be forwarded to him on the completion of the enquiry with a covering letter referring to the original report.

If on receipt of the first report it appears to the Currency Officer that the forgery is new and likely to be process-made and the forged currency note has not been sent with the report, he shall immediately call for it in order to communicate the particulars to all other Currency Officers and shall thereafter return the forged currency note to the police for any further investigation that they may desire to make.
(d) The Currency Officer has been directed to send to the police for enquiry, all process-made new forgeries irrespective of their face value and all forged currency notes of Rs. 10 or of a higher denomination received by him (vide paragraph 368, Reserve Bank of India, Issue Department Manual).

(e) If there is any probability of the guilt of the utterer or forger of the forged currency note being established, a case shall be formally instituted and thoroughly investigated by expert officers. The Deputy Commissioner, Detective Department, shall be responsible for seeing that proper discrimination is displayed in the matter of instituting appropriate cases.

(f) On the conclusion of enquiries, where cases are not instituted, final reports along with the forged currency notes shall be sent to the Currency Officer in continuation of the first report showing the result of the enquiries made and quoting in each case the number and date of the first report.

(g) Should a case be sent up with a chalan, a copy of the judgment shall be sent to the Currency Officer along with the final report.

(h) The Commissioner shall report to the Director, Intelligence Bureau, for the information of the Central Government instances of dangerous forgeries of currency notes, i.e., those which are sufficiently good to deceive persons accustomed to handling currency notes. His reports on on such forgeries shall include information regarding the area in which the forged currency notes have been circulated, whether there is reason to believe that a large number have been put into circulation, and whether the investigation has led to the detection of the forgers of any other known series of dangerous forgeries.

III – Investigation.

64. Responsibility for investigation of the Officer-in-charge. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The general responsibility for all investigations within the limits of his jurisdictions shall rest with the Officer-in-charge of a police station.
(b) No officer of a rank lower than that of a Sub-Inspector shall ordinarily be employed in the investigation of criminal cases except in unavoidable emergencies when an Assistant Sub-Inspector vested with power of investigation may be so employed, as laid down in regulation 7(2).

65. Abstention from investigation. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Every cognizable offence shall ordinarily be investigated.
(b) Any Officer-in-charge of a police station may, however refrain from investigating a case if the property stolen is unidentifiable and of small value and if, in addition, the circumstances mentioned by the informant show no possible clue or chance of detection sufficient to justify investigation.

(c) The reason for refraining from investigating a case shall invariably be noted in the Crime Register in the police stations within the town of Calcutta, and in cases of police stations within the suburbs of Calcutta the special reason for which no investigation is made shall be recorded.

(d) When an officer refrains from investigating a cognizable case the complainant or informant shall be informed in West Bengal Form No. 5407 or West Bengal Form No. 5407A of the fact and of the reasons.

66. Investigation outside jurisdiction. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Divisional Deputy Commissioners and Subdivisional Assistant Commissioners are authorised to depute an officer of a police station to work in or to investigate cases of another police station within their jurisdiction.
(b) The Investigating Officer may, for the purpose of following up any clue or conducting an enquiry which may be done more easily and expeditiously in person than by correspondence, proceed outside Calcutta, but he shall report his intention to the Subdivisional Assistant Commissioner before so proceeding.

67. Harassment of the public to be avoided. – Investigating Officers shall carefully avoid causing unnecessary harassment either to the parties or to the public generally. Only those persons who are likely to assist the enquiry materially should be summoned to attend. When possible, the Investigating Officer shall himself go to the house of the witness to be examined unless the witness prefers to be examined at the police station. The questioning of witnesses shall ordinarily be conducted apart and in a manner that will not be distasteful to them.
68. Duration of investigation. – (a) The Investigating Officer shall, whenever possible, pursue the investigation to its completion without a break in continuity.
(b) Sub-divisional Assistant Commissioners shall pay special attention to see that Investigating Officers complete their investigations without delay.

69. Loitering cases. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When the antecedents of an accused arrested under section 54 of the Code of Criminal Procedure 1898 (Act V of 1898), in a loitering case and remanded to jail custody have been verified and no criminal record is found, the papers shall be sent immediately to the Magistrate for orders.
Officers-in-Charge shall be held responsible for seeing that no accused is kept unnecessarily in jail custody when it is known that he has no criminal record.
70. Complaints of ill-treatment against the police by an arrested person. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Directly an accused person is placed under arrest, the Investigating Officer shall ask him whether he has any complaint to make of ill-treatment by the police, and shall enter in the special diary the question and the answer. If an allegation of ill-treatment is made, the Investigating Officer shall then and there examine the prisoner’s body, if the prisoner consents, to see if there are any marks of ill-treatment and shall record the result of his examination. He shall further consider and note whether there is any reason to believe that marks found are attributable to causes other than ill-treatment, such as resistance to arrest. If the prisoner refuses to allow his body to be examined, the refusal and the reason therefor shall be recorded. If the Investigating Officer finds that there is reason to believe the allegation of ill-treatment, he shall forward the prisoner with his complaint, the record of corporal examination, any other evidence available, and if possible, the police officer implicated by the prisoner’s complaint, to the Depute Commissioner of the Division for enquiry into the case and orders.
71. Special Diaries. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Every Investigating Officer shall, day by day, record his proceedings in a special diary. The first page of the first diary of a case shall be recorded in duplicate in West Bengal Form No. 4572. Further entries shall be made in duplicate in West Bengal Form No. 4260.
(b) In cases which have to be reported to the Criminal Record Office the diary shall be written in triplicate.

(c) A special diary shall be written in the case of every investigation made away from the police station whether a definite charge has been reported or not.

(d) A special diary shall be submitted in every case investigated and it shall be submitted on each day on which an investigation is made. The diary relating to two or more days shall never be written on one sheet or despatched together. Two or more cases shall never be reported in one diary.

(e) The diary in West Bengal Form No. 4260 shall be written in duplicate with carbon paper. The following morning the same with all connected papers shall be sent to the Subdivisional Assistant Commissioner. He shall record his remarks on the diary and after putting it up to the Divisional Deputy Commissioner shall return the same to the Investigating Officer.

(f) The Investigating Officer shall note in the diary –

(i) the time at which the information reached him;

(ii) the time at which he began and closed his investigations;

(iii) the hour and place of each action (to be noted on the left hand margin of each entry);

(iv) the place or places visited by him ;

(v) a statement of the circumstances ascertained through his investigation including names and particulars of witnesses examined, all house and other searches, arrests and releases, the hour when and the place where and the officers by whom searches and arrests were made, places where property was found and the description of such property;

(vi) the facts ascertained, the points on which further evidence is necessary, and the further steps which are being taken with a view to complete the investigation.

(g) Statement of witnesses. – The statement of witnesses shall not be recorded in the diary. The diary shall be a record of acts done by the officer and of the facts ascertained by him, i.e., of the result of his investigation. A diary so composed, i.e., a diary which does not contain statement of witnesses is privileged. The court may send for it and may use it, not as evidence, but as an aid in judicial enquiry or trial, but the accused has no right to call for it, or to see it, even if referred to by the court; the only exception is that when it has been used by the police officer who made it to refresh his memory or when the court uses it for the purpose of contradicting such officer, then the provisions of section 145 or section 161 of the Indian Evidence Act, 1872 (I of 1872), shall apply.

(h) An Investigating Officer has discretion, under section 161 of the Code of Criminal Procedure, 1898, to record or not the statement of any witness examined by him. In the exercise of such discretion the danger of not recording the statement of witnesses whose evidence has any bearing on the facts of the case should always be borne in mind. If he records the statements of witnesses examined by him, he shall make a separate record of the statement of each witness. No such recorded statement shall be used for any purpose (except the following) at an enquiry into or trial of the case in which it was recorded. When, any witness is called for the prosecution in such enquiry or trial whose statement has been reduced into writing, any part of his statement, if duly proved, may be used by the accused, and with the permission on the Court, by the prosecution to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872, and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.

(i) In Sessions cases and in cases of a serious nature statements of witnesses may be recorded separately either varbatim or in a literal translation and in detail. All such statements shall be signed and dated by the officer recording them.

(j) Suplementary diaries. – When another Investigating Officer assists the Officer-in-Charge of the investigation the former shall invariably submit a supplementary diary ; this shall be attached to the main diary in which a very short reference to it shall be made. In Special Report Cases the supplementary diary shall be written in triplicate.

(k) In special report cases (other than those of which the Detective Department takes direct cognizance or which it controls) an extra carbon copy shall be prepared of the diaries and statements of witnesses and sent by name (a) in cases of a subversive or political nature to the Deputy Commissioner, Special Branch, and (b) in other cases to the Divisional Deputy Commissioner.

(l) The diaries of each case shall be filed from the top downwards, so that the last diary written is at the bottom of the diary file. Each page in the diary file of any one case shall be serially numbered from one to the end.

(m) Index. – In complicated cases where many clues and many persons come under investigation, each person and each clue investigated shall be indexed by the Investigating Officer, and the different pages at which reference is made to the person or the clue shall be entered from day-to-day at the appropriate place in the index. This will assure that there will be no loss of time in tracing the course of any particular part of the investigation referring to any particular person or clue. The making of the brief is also greatly simplified, much time is saved and the possibilities of overlooking any point of value is reduced to a minimum.

(n) The closing diary of cases sent up for trial shall contain –

(i) a synopsis of the material facts of the case and of the names of witnesses with their addresses and the points which will be proved by each of them,

(ii) the list of exhibits of the cases together with a note against each exhibit as to its import with regard to the evidence. Documentary exhibits shall be filed separately from the diaries and shall be serially numbered. In addition the numbers given in the search lists shall also be noted for easy reference against each serial number.

Note. – This does not absolve the prosecuting court officer from his responsibility for summoning witnesses and placing exhibits correctly.

(iii) the names of the officers and men (the general numbers of Head Constables and Constables being given) who can identify the accused for proving previous convictions ; and

(iv) a note in red ink stating whether the prisoner is identified or not.

(o) Supply of a typed copy of the diaries. – In all cases committed to the High Court Sessions, except those of old offenders, a typed copy of the diaries shall be supplied to the Standing Counsel to the Government, through the Public Prosecutor. The copy shall be typed in the office of the Divisional Deputy Commissioner and the Investigating Officers shall be responsible for seeing that the diaries are typed and duly supplied to the Standing Counsel.

(p) If the corpse has been photographed in a murder cast’ a copy of the photograph with the case number and the name, age, parentage and address of the victim noted on the back shall be attached to the special diary.

(q) The outer foil of enquiry slips issued in connection with cases shall be filed with he special diary, a cross-reference to it being made on the counterfoil of the slip.

(r) The original copy of the special diary shall be sent with the chalan to the Court Officer who shall return it with the result of the case through the Sub-divisional Assistant Commissioner to the Investigating Officer.

(s) The Investigating Officer on receiving the diaries through the Sub-divisional Assistant Commissioner on the disposal of the case shall file the same along with the diaries of the undetected and other disposed of cases. Diaries for the completed period of 6 months – January to June, and July to December – shall be classified as below, marked with date and period they are to be preserved for and sent to the Central Malkhana where they shall be filed station by station. If any diary deposited in the Central Malkhana is wanted by any Section Officer, a requisition for it shall be sent under the signature of the Officer-in-charge of the Section which deposited the diaries to the Inspector, Central Malkhana, who shall retain the requisition in the archive and allow the diary to be taken out.

Classification of the diaries – Diaries shall be classified and kept in monthly bundles in the police station.
First – Diaries in bailable cases to be preserved for 1 year and then destroyed.
Second – Diaries in maliciously false cases to be preserved for 2 years and then destroyed.
Third – Diaries in cases under sections 379, 380, 381, 406, 407, 411 & 414, IPC, where property stolen is Rs. 100 or under as well as in cases under sections 451, 452 and 453, to be preserved for 3 years and then destroyed.
Fourth – Carbon copies of special diaries in cases in which police officers or constables are prosecuted for offences under the Indian Penal Code or under section 13C of the Calcutta Police Act, 1866 (Bengal Act IV of 1866), or 8C of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866), to be preserved for 5 years and then destroyed (the original special diaries of these cases shall be put in any of the other 4 classes under which they may fall).
Fifth – All other diaries shall be preserved for ten years and then destroyed.
Note. – The system of classification of a diary shall be followed even when cases have been finally declared as “Mistake of fact or Mistake of Law” or “Non-cognizable”.

(a) A specimen special diary is given in Appendix.

72. Dying declaration. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) If it is not possible to have the statement of a person whose evidence is required and who is in imminent danger of death recorded by a Magistrate and it becomes necessary for some other person to record a dying declaration, this shall be done, whenever possible, in the presence of the accused or of attesting witnesses. A dying declaration made to a police officer shall be signed by the person making it.
(b) If a seriously injured person, not in imminent danger of death, is sent to hospital the Investigating Officer shall warn the medical officer about having the persons’ statement recorded by a Magistrate, should the necessity for such a course arise.

(c) In case of doubt whether action under clause (a) or under clause (b) should be taken, the Investigating Officer shall Act in accordance with clause (a).

73. Police may not decide question of lunacy. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – It is not for a police officer to decide whether a person charged with a cognizable offence is or is not a lunatic. He shall deal with the case as if the person were sane, and if an offence be proved, shall send the prisoner up for trial. But the Investigating Officer shall ask the court to have an enquiry made regarding the mental condition of the accused as soon as he shows signs of insanity, and he shall not send up witnesses for the prosecution without previously ascertaining whether in the opinion of the court the prisoner is capable of making his defence.
74. Investigation of non-cognizable cases. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) On receipt of a copy of the complaint from a Magistrate directing an investigation to be made by the police under section 155, Code of Criminal Procedure, 1898 (Act V of 1898) in a case which is not cognizable by the police, or ordering the police to enquire under section 202 of that Code together with the intimation of the date by which the report of the investigation or enquiry shall reach him, the police officer concerned shall, if he is unable to report by the date fixed, send a report on or before such date explaining the delay and stating on what date the report is expected to reach him. The complainant shall be informed of the date so fixed and shall be directed to appear before the Investigating Officer at the scene of the occurrence.
(b) These petitions and complaints shall, together with the report, be returned to the issuing Magistrate through the Sub-divisional Assistant Commissioner and not direct.

75. Number of witnesses to be sent up. – It lies with the police to determine what evidence is necessary to establish a charge and what number of witnesses are required to prove each fact. Much will depend on whether the fact is seriously disputed or not. Where the fact to be proved is not likely to be disputed unnecessary witnesses shall not be cited to prove the same fact.
76. Information from post or telegraph office records. – Records of a post or telegraph office shall be produced and information available in them shall be given by the postmaster or telegraph master on the written order of any police officer who is making an investigation, but only those entries in the records shall be disclosed which relate to the person accused of the offence under investigation, or which are relevant to that offence. In any other case the postmaster shall refer for orders to the Postmaster-General, who shall decide whether or not, under section 124 of the Indian Evidence Act, 1872 (I of 1872), the information required shall be withheld. When the information required by a police officer is rot available in the records of the post office, the police officer shall be informed accordingly irrespective of the question whether the information, if available, might or might not be given.
77. Chalans. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When an Investigating Officer thinks that a case is ready to be sent up for trial he shall put up the papers though the Assistant Commissioner concerned to the Divisional Deputy Commissioner for orders. This should, if possible, be done not less than two days before the date fixed by the Court.
(b) The previous convictions of the accused persons coming within the provisions of section 75 of the Indian Penal Code, (Act XLV of 1860), shall be noted on the back of the chalan form. Care must be taken to ascertain previous convictions promptly said before the accused are sent up for trial.

(c) When chalans are submitted for offences included in part B of Schedule V of the Motor Vehicles Act, 1939 (IV of 1939), the number of previous convictions for the same kind of offence and the amount of fine imposed on the last occasion the offender was convicted shall be noted on them.

(d) Lists of property stolen, and of the property found on parties arrested, the bail recognizance bonds executed under section 170, Code of Criminal Procedure, 1898 (Act V of 1898), (Form XXV and XXVI of Schedule V of the Code), the search lists, if any, and the map, if any, shall be attached to the chalan.

(e) The chalan in West Bengal Form No. 4256 shall be given an annual serial number and a counterfoil shall be kept at the police station.

78. Final report. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – In undetected cases, the Investigating Officer shall submit final diary with his recommendation, giving reasons to close the investigation, to the Assistant Commissioner of Police of the Subdivision concerned for acceptance. If the Assistant Commissioner disagrees, he shall order further investigation, and shall indicate the lines of such investigation. In specially important eases, the Assistant Commissioner concerned shall obtain approval of the Divisional Deputy Commissioner before closing the investigation of such cases. A copy of the final report shall be sent in West Bengal Form No. 4574 to the Detective Department where such reports are filed.
79. Revival of Investigation. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) If, in any case in which a final report has already been made, any further information or clue is obtained, the investigation shall be reopened and shall be conducted by such officers as may be detailed to do so by the Officer-in-charge of the police station.
(b) When the investigation of any case is revived the foregoing regulations shall apply to such further investigation in like manner as to the original investigation.

(c) If a revived investigation leads to the collection of evidence sufficient to justify a trial, a challan shall be sent, in accordance with regulation 77. Otherwise, a supplementary final report shall be prepared and dealt with in the same manner as an original final report.

80. Procedure in false cases. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Prosecutions against complainants in false cases shall be instituted only when the charges made are deliberately and maliciously false and not when they are merely exaggerated.
(b) Whenever a case reported to the police is found after investigation to be maliciously false the Investigating Officer shall send to the Magistrate an application headed “Application under section 195, Cr. PC” in which all the facts shall be stated and a prayer made for the issue of a process. No challan shall be sent with the application. The application (or complaint) must be made either by the officer to whom the false information was given or an officer to whom such officer is subordinate.

(c) If a complaint case sent by a Magistrate to the police either for investigation or for enquiry and report is found to be maliciously false the Investigating Officer shall submit to the Magistrate in detail the grounds on which the case is held to be false and recommend whether the complainant should be prosecuted or not.

81. Modus Operandi System. – The special attention of all Investigating Officers is drawn to Appendix – in which clear instructions are given regarding the classifications utilised in the Modus Operandi System.
82. Cases of criminal record. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) There is a Criminal Record Office under the Detective Department. The following offences are known as Criminal Record Office cases, namely :-
(i) Cheating, Criminal Breach of Trust, Dacoity, Robbery, House-breaking, Theft and Receiving Stolen Property.

(ii) Murder for gain. Drugging, Kidnapping for theft and Abduction for theft.

(iii) Forgery and counterfeiting of Government Currency notes, cheques, etc.

(iv) Offences relating to coins and Government stamps, etc.

(v) Smuggling of exisable or dutiable articles.

(b) In such cases Investigating Officers shall adopt the following procedure, namely :-

(i) They shall send to the Criminal Record Office on the morning after the occurrence a copy of the first diary (West Bengal Form No. 4572) which in such cases has been recorded in triplicate. This copy is known as the Crime Report.

(ii) When an accused is arrested whether red-handed or at a later stage in the investigation they shall immediately communicate the circumstances of the arrest and the personal description of the accused in West Bengal Form No. 4573 to the Criminal Record Office.

(iii) If any important development occurs during the investigation they shall at once inform the Criminal Record Office in detail. For example, if a more detailed description of stolen property is received a copy shall at once be sent to the Criminal Record Office.

(iv) When the investigation is concluded they shall send a final report in West Bengal Form No. 4574 to the Criminal Record Office.

83. Visits to Criminal Record Office. – Inspectors and other Investigating Officers shall visit the Criminal Record Office once a week for consultation.
84. Cases under Arms, Explosives, Petroleum and Poisons Acts to be reported to the Arms Act Department. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Investigating Officer shall send a report in all cases under the Arms, Explosives, Petroleum and Poisons Acts to the Arms Act Department immediately after the institution of the case or seizure of the articles.
(b) The report shall contain the following informations, namely –

(i) Name and address of the informant or complainant.

(ii) Place of occurrence.

(iii) Date and hour of seizure of property and arrest of accused.

(iv) Name, address and profession, if any, of the accused.

(v) Nature, quantity of articles seized, marks of identification, such as number, makers’ name, etc.

(vi) Explanation of the accused, if any, as to the source of the receipt of the offensive articles or weapons.

(vii) Section and the Act under which charged.

(c) A supplementary report on the result of the case shall also be submitted immediately after its final disposal.

85. Action under the Excise, Dangerous Drugs and Opium Acts to be reported. – (a) Copies of all reports of searches, arrests and seizures under the Bengal Excise Act, 1909, shall be sent according to the provisions of section 78 of the Act to the Collector of Excise, Calcutta, within twenty-four hours.
(b) Copies of reports of searches, etc., made under the Dangerous Drugs Act, 1930 (II of 1930), and the Opium Act, 1878 (I of 1878), shall be sent (not later than forty-eight hours) to that officer and also to the Superintendent of Excise Prevention, Excise Intelligence Bureau, 74 Lower Circular Road, Calcutta (Printed Form – West Bengal Form No. 572 – will be available on requisition from the Collector of Excise, Calcutta).

(c) Reports for prosecution or disposal under these Acts shall be kept pending for ten days so that the Excise Bureau can make enquiries where necessary.

86. Procedure to be followed to secure transfer of confessing prisoner from one jail to another. – If it is desirable that a prisoner be removed from one jail to another for the purpose of verifying his confession, the following procedure shall be followed, namely –
(i) When the two prisons are in the same State application shall be made to the Inspector-General of Prisons to direct the transfer under section 29(2) of the Prisoners Act, 1900 (III of 1900).

(ii) When the two prisons are in territories under two different State Governments, application shall be made to the State Government concerned for securing the transfer under section 29(1) of the Act referred to above.

87. Plans. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – In murder cases, serious motor accident cases, serious riot cases and other suitable cases, the Investigating Officer shall utilise the services of the Plan Maker attached to the Detective Department. The plan shall be sent to the Court Officer along with the challan and docket of the case.
88. Acid throwing cases. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) In acid throwing cases, Investigating Officers shall, if possible, send to the Director-cum-Senior Chemical Examiner, Forensic Science Laboratory, Medical College, Calcutta, the broken pieces of glass phials or other containers as well as any garments on which acid may have fallen. If any acid has fallen on the ground a small quantity of the earth shall also be sent.
(b) Persons suspected to be implicated in such cases shall be carefully examined to see whether on their fingers there is a yellow stain which is frequently produced by contact with strong nitirc acid. This stain is quite different from that produced by picric acid or ordinary yellow dyes.

89. Medico-legal question. – Medico-legal questions shall be referred by Investigating Officers to the Director-cum-Senior Chemical Examiner, Forensic Science Laboratory, Medical College, Calcutta.
90. Note Forgery Exhibits. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When exhibits in cases of currency note forgery are made over to the police for destruction by trying Courts, any exhibits of special interest shall be sent to the Deputy Commissioner, Detective Department, and the others shall be destroyed by the Investigating Officer under the supervision of an officer not below the rank of Assistant Commissioner who shall certify to this effect in the Malkhana Register.
91. Exhibits in Excise cases. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Exhibits in Excise cases seized by the police shall be sealed by the Investigating Officer in presence of witnesses and a note to that effect made in’ the Special Diary.
92. Blood-stained Exhibits. – The procedure for collection and submission of blood stained exhibits is shown in Appendix –
93. Procedure for sending exhibits to the Director-cum-Senior Chemical Examiner, Forensic Science Laboratory, Medical College, Calcutta. – Exhibits to be sent to the Director-cum-Senior Chemical Examiner, Forensic Science Laboratory, shall be sent in the proforma for forwarding exhibits to the Laboratory as shown in Appendix -. The Deputy Commissioner of Police who controls the investigation is responsible for the accuracy of detail in the proforma.
94. Report of criminal, charge against ex-reformatory school boys. – All criminal charges laid before the police against boys licensed under section 18(1) of the Reformatory Schools Act, 1897 (VIII of 1897), adolescents licensed under section 12(1) of the Bengal Borstal Schools Act, 1928 (Bengal Act 1 of 1928), and ex-reformatory school boys, shall be reported by the Investigating Officer to the Divisional Deputy Commissioner, who shall inform the authorities of the Reformatory School concerned.
Note. – “Reformatory School boys” include “Borstal School boys”.

95. S.P.C.A. Agents. – When an agent of the Society for the Prevention of Cruelty to Animals is required to attend a police station for enquiries, a letter shall be sent to the Secretary to the Society, asking for the attendance of the agent at a specified time and date. In urgent cases he may be called upon direct but if this is done, a letter shall be sent to the Secretary intimating the fact.
96. Searches. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) It is the duty of police officers conducting searches to be fully acquainted with the law in regard to searches and to follow them in particular sections 96, 98, 102, 103 and 165 of the Code of Criminal Procedure, 1898 (Act V of 1898), sections 10A(j), 60, 79, 80, 80A, 80B, 8CC and 81 of the Calcutta Police Act, 1866 (Bengal Act IV of 1866) and sections 4A(j), 37, 47B and 47C of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866).
(b) Searches without warrant. – Searches without warrants are illegal. The only search which can be made without warrants is under section 165, Code of Criminal Procedure, 1898, and under section 80 of the Calcutta Police Act, 1866. There must be some specific thing necessary for purposes of investigation and there must be reasonable ground for believing that it is in a particular place and that delay in search is likely to interfere with the recovery of the property. The police officer must record in his diary (i) the ground of his belief on these two points (though he is not bound to give the name of the person on whose information he acts) and (ii) the thing he is looking for, and must as soon as practicable send a copy of such record to the nearest Magistrate.

(c) If a search is made without warrant or on a warrant issued under section 98 of the Code of Criminal Procedure, 1898, or on a warrant issued in Form VIII of Schedule V to the Code of Criminal Procedure, 1898, or under sections 60 and 79 of the Calcutta Police Act, 1866, or section 37 of the Calcutta Suburban Police Act, 1866, the police are not authorised to take away anything except the specified article for which the search was directed or made.

Indiscriminate seizure illegal. – It is illegal to seize all property in a house merely because suspected property has been found in the house. Property seized must be either alleged or suspected to have been stolen or found under circumstances which create a suspicion of the commission of an offence, and nothing can justify the seizure of the whole of a man’s property because he is suspected of having stolen some particular article or articles.
(d) General Searches. – In the town of Calcutta, no general searches can be made. In the Suburbs such a search can only be made under a warrant issued by a Magistrate proceeding under paragraphs 2 and 3 of sub-section (1) of section 96 of the Code of Criminal Procedure, 1898 (Act V of 1898).

(e) Under section 165(2) of the Code of Criminal Procedure, 1898, the Officer-in-charge of a police station or the Investigating Officer who must not be below the rank of Sub-Inspector must, if practicable, perform the actual search in person. Only when he is incapacitated, from so doing can he depute another officer to make the search and when he does so depute another officer he must first of all record his reasons for doing so and then give written orders to the officer deputed specifying what the search is for and where it is to be made. A verbal order given on the spot will not fulfil the requirements of the section.

(f) Search for Arms. – Whenever it becomes necessary for a search to be made for arms illegally possessed, a warrant must invariably be obtained under section 22 of the Arms Act, 1959 (No. 54 of 1959), from a Magistrate. Such searches can only be conducted by, or in the presence of an officer of or above the rank of Sub-Inspector. No police officer is authorised of his own motion to make a search for arms illegally possessed.

Note. – These instructions do not mean that in conducting search under any other provision, if arms are found, the searching officer must not take charge of such arms.

(g) Night Searches. – The law does not require a search under the Code of Criminal Procedure, 1898 (Act V of 1898) to be made by daylight, except those under section 14 of the Opium Act, 1878, (I of 1878), but there are very distinct advantages in searching by daylight, and a searching officer should consider whether a house search should proceed by night or whether daylight should be awaited. Matters must be so arranged as to cause as little inconvenience as possible to the inmates and especially the women.

Under section 79 of the Calcutta Police Act, 1866 (Bengal Act V of 1866), a night search cannot be carried out by an officer below the rank of Sub-Inspector, specially empowered for the purpose.
(h) Search witness. – The number of witnesses required to attend a house-search depends on the circumstances of each particular case, but under section 103 of the Code of Criminal Procedure, 1898, the number cannot be less than two. The witnesses selected should be residents of the same or adjoining mohallas, If necessary, such residents may be served with an order in writing to attend and witness the search, their attention being drawn to the provisions of sub-section (5) of section 103 of the Code of Criminal Procedure, 1898, according to which any person, who refuses or neglects, without any reasonable cause, to attend and witness a search when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence, punishable under section 187 of the Indian Penal Code (Act XLV of 1860). Care should be taken that the witnesses are, so far as possible, unconnected with any of the parties concerned or with the police, so that they may be regarded as quite independent. Under no circumstances should a spy or habitual drunkard or any one of doubtful character, be called as a search witness. The reason for rejecting any person as a witness to the search should be noted in the special diary. The presence of search witnesses must not be looked upon as a mere formality, but they must actually be eye-witnesses to the whole search and must be able to see clearly whom each article is found. They must sign the search list (West Bengal Form No. 5276).

(i) Precautions to be taken. – The officer conducting a search shall take precautions to prevent the possibility, on the one hand, of any article being introduced into the house without the knowledge of the inmates, and on the other hand, of any articles being taken out of the house while the search is in progress. Before the search is started the person of every police officer as also of every witness and informer shall be examined in the presence of the witnesses and of the occupant of the place to be searched or of someone on his behalf. The search shall be made in the presence of the occupant or his representative.

(j) Occupant to be present. Search lists. – In order to satisfy the Court as to the identity of articles alleged to have been discovered at a house-search and to prevent irregularities the officer conducting a search shall prepare a list in West Bengal Form No. 5276, in triplicate, by the carbon process, of the property of which he has taken possession. The exact location of the articles found shall be noted in the list. In many cases it is not sufficient to note only the room or place wherefrom such articles are recovered. If any article is found inside a box or other receptacle this fact must be mentioned in the list. The name, father’s name and residence of any person producing keys of any locked receptacles or claiming ownership of any articles seized shall be noted on the search list. The following may be treated as specimen entries, namely :-

(i) “South East Room. Inside a locked wooden cheat stated by …………………to belong to…………………………the key of which was produced by………………………..”

(ii) “North Room. In a locked tin cashbox claimed by…………………. who produced the key and claimed the articles as his”

The search witnesses shall sign the search list. If the witnesses do not know English it shall be written in the language of witnesses, and if any witness is illiterate it shall he read over to him and his thumb impression shall be taken on the search list. The occupant of the place searched, or in his absence some person on his behalf, shall be given a copy of the search list, and given an opportunity of comparing it with the original and shall be asked to sign the list together with acknowledgement for the copy of the original list. If he refused to take a copy or to sign the list, a note to that effect shall be made on the list and certified to by the witnesses.
(k) Blank Search list. – When no property is seized a blank search list crossed vertically shall invariably be drawn up and the same procedure as mentioned in clause (j) shall be followed.

(l) If the search has been made without a warrant the original copy of the search list shall be kept with the special diaries and shall be sent with the special diaries to the Court Inspector if the case is sent up. If the search has been made under a warrant the original copy of the search list shall be immediately put up to the Magistrate who shall be requested to initial it, stamp it with the date of receipt and return it. The carbon copy which is not made over to the house owner or suspect shall be sent immediately after the search to the Deputy Commissioner of the Division, Detective Department or Special Branch, as the case may he, who shall initial it and stamp it with the date of receipt and keep it under lock and key. If the case is sent up this copy shall, after the disposal of the case be sent to the police station to be filled with the original copy of the Special Diary.

(m) Labels. – All articles or weapons found at a house-search or the person of a prisoner shall be carefully labelled. The labels shall be signed by the officer conducting the search and by the search witnesses.

(n) General search followed by detailed inspection. – When a Magistrate proceeds under paragraphs 3 and 4 of sub-section (1) of section 96 of the Code of Criminal Procedure, 1898 (Act V of 1898), and directs in his warrant that there should be a general search followed by a more careful inspection at the police station or some other convenient place, papers and documents and other articles need not be examined and initiated piece by piece in site. They shall be collected and packed in bundles, boxes or other receptacles which shall be closed or locked, as the case may be, and shall in all cases be sealed or marked by the search witnesses and entered in the search lists. For instance, the contents of a desk, drawer shall be collected, packed together and the bundle, box or other receptacle, shall be marked and initiated by the search witnesses. Subsequently these bundles, boxes or other receptacles shall be very formally opened in the presence of a Deputy Commissioner by the search witnesses who sealed or marked and signed them during the search, and their contents shall be gone over piece by piece, examined, kept or rejected, but shall be in every instance initialled and dated by the search witnesses and the police officer in question. Each of these pieces must bear the initial letters and the serial of its original bundle plus its own serial number in that bundle. Should any difficulty be experienced in getting a search witness to examine the documents at the police station, it shall be open to any police officer to call in the assistance of the Court to compel the attendance of such search witnesses at the Court to open the bundles, boxes, etc. should a witness refuse to sign the constants of the bundles, the police officer shall, if possible, invoke the help of an Honorary Magistrate or such other officers as may be available.

97. Identification of suspects. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Whenever it is found necessary to have a suspected person identified, an application shall be made to the Magistrate concerned for a Test Identification Parade.
98. Identification of persons caught red-handed in rioting and other cases. (Section 3, Bengal Act II of 1866.) (Section 9, Bengal Act IV of 1866.). – Utmost care is necessary to prevent the identity of rioters arrested during the occurrence, and of other offenders caught in the act, from being impugned at the trial.
Such accused shall be kept quite distinct from those arrested on suspicion. Their names, the names of the persons arresting or identifying them and the place and hour of arrest shall be recorded as soon as possible and before the prisoners are removed in custody from the spot.
99. Verification of Confessions. (Section 3, Bengal Act II of 1866.) (Section 9, Bengal Act IV of 1866.). – (a) When an accused or a suspected person volunteers a confession it shall be recorded in detail by a police officer who, if it appears to be true, shall take immediate steps for its verification. Such verification shall be made with a view +o discover evidence corroborative of the facts disclosed in the confession such as the tracing and examination of witnesses and the recovery of stolen property. If the confession relates to more than one case the verifying officer shall submit special diaries in each of the cases.
(b) Anything which savours of oppression or trickery in obtaining a confession must be avoided. The aim of a police officer shall be to obtain circumstantial and oral evidence so convincing that the accused person may not escape. If he succeeds in obtaining such evidence, the confession will often follow and will materially strengthen the case, but to seek to obtain the confession first and the corroborative evidence afterwards is to reverse the proper order of proceedings. If, however, a confession is volunteered in an enquiry, every effort must be made to ascertain if there is evidence corroborative of any point in the confession which can be verified. A statement purporting to be a confession will often be made in order to mislead the inquiring officer, and such statements are very rarely true in all particulars, and also are frequently made in order to throw blame on other persons, or with a view to stopping further inquiry. Also they are generally retracted in Court in which case, if they stand alone and uncorroborated, they have little or no probative value. There is thus every reason for testing so called confessions very carefully and not accepting them as final and conclusive and stopping the enquiry.

(c) The officer recording the confession shall immediately send the confession person to the Chief Presidency Magistrate or the appropriate Magistrate at Sealdah or Alipore, as the case may be, in order that the confession may be judicially recorded.

100. Interview with convicts in jail. – (a) Attention shall be paid by police officers to the very important subject of obtaining information from criminals after their conviction. Such information shall be received and acted upon with caution, but it can and should be obtained, and a good police officer should know how to utilise it. Much useful information can also be obtained from convicts regarding receivers and the whereabouts of a stolen property. It should be distinctly understood that the said object of interviewing a convict is to obtain information and not a confession.
(b) No police officer shall be permitted to interview or interrogate any prisoner in confinement in jail without the permission of the Magistrate of the district or, if the prisoner is confined in the Presidency Jail, of the Commissioner. As a rule permission to interview a convicted prisoner in jail shall not be accorded to an officer below the rank of Sub-Inspector.

(c) If in the course of an interview a convict makes a statement which amounts to a confession, the officer to whom the statement is made shall at once inform the Deputy Commissioner, Detective Department, who after satisfying himself that the confession is genuine, shall arrange to have it recorded by a Magistrate.

101. Prosecution of carters (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) In all charges of cruelty to animals by beating, the charge shall specifically state the manner of the beating, the stick or other thing used in committing the offences and any marks of injury visible.
(b) When drivers of galled bullocks are prosecuted for cruelty, the size and position of the sore or sores shall be clearly stated.

(c) When the charge is of leaving a cart not in good care and control, the charge shall invariably state the length of the time the cart was left without care and control.

(d) Court officers shall return any chalans that do not comply with the above order.

(e) Police officers are strictly forbidden to take away the carters’ licences from carters charged with petty offences.

102. Case in lower courts in which Public Prosecutor appears. – (a) Immediately after a case is sent up in which the Public Prosecutor is to appear in a Court of a Presidency Magistrate, the Investigating Officer shall submit a comprehensive synopsis of the facts of the case and a summary of the evidence to the Public Prosecutor’s office.
(b) On the date fixed for hearing the Investigating Officer shall be present with all his witnesses in the office of the Public Prosecutor by 10 a.m.

103. Witnesses at the High Court Sessions. – (a) Investigating Officers in charge of cases committed for trial at the High Court Sessions shall, in each case ascertain from the Junior Public Prosecutor, Calcutta, the date on which the attendance of medical, mofussil and other witnesses shall be required and arranged for the attendance of such witnesses accordingly.
(b) All officers in charge of Sessions Cases are directed to be in attendance at the High Court with all their witnesses at 10 a.m. on the first day the Court sits. Those witnesses who are not required will be allowed to go away till required when the order in which the cases are to be taken has been arranged.

104. Attendance in Court of Hospital Doctors. – When a notice appears in the “Calcutta Police Gazette,” intimating that a case in which a hospital doctor will be a witness will be heard at the High Court Sessions on a certain date, the Investigating Officer shall forthwith request by telephone the Superintendent of the Hospital to which the doctor is attached to ask him to keep himself in readiness to attend at the High Court-Sessions when called upon. Then the officer shall ascertain from the Junior Public Prosecutor the exact date and time when the doctor is required at the Sessions and inform the Superintendent of the Hospital by telephone or by a memo marked “Immediate”. If possible 24 hoars’ notice shall be given to the Superintendent.
The Investigating Officer shall also obtain the private address of the doctor, so that in case of urgent necessity he may be communicated with through the nearest police station.
105. Proceedings under section 109 Cr. PC. – (a) When circumstances arise which justify proceedings being taken against a man under section 109, Code of Criminal Procedure, 1898 (Act V of 1898), he should be arrested under section 55 of that Code, and, if unable to furnish bail, sent to the Magistrate, if, however, immediate drawing up of proceedings is contemplated, the prisoner shall be for-warded to the Magistrate with the necessary witnesses. If for any exceptional reason further enquiry is considered desirable before drawing up proceedings either for the purpose of verifying the prisoneer’s antecedents, collecting further evidence or otherwise, the Magistrate shall be moved to grant a remand under section 167, Code of Criminal Procedure, 1898. In such a case it will ordinarily be sufficient to send copies of the entries in the diary relating to the case as required by sub-section (1) of section 167, of the Code of Criminal Procedure, 1898, and witnesses need not be sent unless the Magistrate particularly wishes to examine them.
It should be borne in mind that the prisoner can only be retained in custody in default of bail for a total period of 15 days under section 167 of the Code of Criminal Procedure, 1898, before the actual drawing up of proceedings under section 109. In case the prisoner is remanded to jail custody without drawing up any proceedings and without any specific charge, section 109, Code of Criminal Procedure, 1898, shall be noted in the jail warrant. It is to be observed that the circumstances which justify an arrest are identical with those which justify proceedings and are described in practically identical terms in clauses (a) and (b) of sub-section (1) of section 55 and clauses (a) and (b) of section 109 of the Code of Criminal Procedure, 1898 (Act V of 1.898).
(b) If the Magistrate declines to grant a remand under section 344 of the Code of Criminal Procedure, 1898, in order that the previous history of the accused may be ascertained, when the circumstances justifying the arrest have been proved and the proceedings drawn up, the Police Prosecutor shall then move the Magistrate to require the accused to enter upon his defence, and if the accused fails to give a satisfactory account of himself, to make an order under section 118 of that Code.

106. Evidence in proceedings under section 110, Criminal Procedure Code. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) In cases under section 110 of the Code of Criminal Procedure, 1898, evidence of general repute must form the main basis of the prosecutions. Under sub-section (4) of section 117 of the Code, evidence of general repute is admissible to prove that a person is a habitual offender.
(b) The points to bear in mind in connection with evidences of repute are :-

(i) that the witnesses should themselves be of good repute and in a position to know the reputation of the accused,

(ii) that they should be drawn, if possible, from different classes of the community,

(iii) that they should be free from any suspicion of grudge against the accused. In particular, if party faction exists, it must be made clear that the evidence against the accused is not due to the party faction,

(iv) that the witnesses should speak of their own belief and not that of other people, and that their belief carries little or no weight unless it is based on some reasonable ground.

(c) Evidence of general repute may be corroborated by proof of –

(i) previous convictions,

(ii) want of any known means of livelihood or manner of living in excess of such means,

(iii) association of the accused with other bad characters,

(iv) absence of the accused from his house, especially at night,

(v) occurrence of crimes at or near the place visited by the accused, coincident with such absence.

(d) Evidence as to habitual or casual association with known criminals and bad characters is most important, the inference being that the person who so associates is himself a bad character, and proof of association is necessary to justify more persons than persons than one being tried together under sub-section (5) of section 117 of the Code of Criminal Procedure, 1898.

Equally important also is the inference to be drawn from crimes occurring at or near places visited by the accused and coincident with such visits, vide sub-section (2) of section 11 of the Indian Evidence Act, 1872 (I of 1872).
(e) In the report for proceedings, no more should be stated than it is proposed to endeavour to prove. Before the enquiry is held a note shall be prepared for the use of the Police Prosecutor of (a) the evidence available against each accused, and (b) the evidence to be given by each of the main witnesses. The evidence shall be grouped, so far as circumstances permit, according as, it relates to prevalence of crime, suspicion in particular cases movements under surveillance, association, free living without apparent means of livelihood, general repute, or any other facts it is proposed to prove.

107. Investigation of cases of collision between inland steam vessels and between inland steam vessels and other boats. – When a report is received by the Officer-in-charge of a police station of any collision between Inland Steam Vessels or between an Inland Steam Vessel and any other boat, –
(i) such officer shall reduce the report to writing and shall at the same time record the statement of the injured party, if .any, be available;

(ii) if the place of occurrence be within the local limits of any other police station, such officer shall forthwith inform the Officer-in-charge of that police station;

(iii) A copy of the report and of the statement, if any, shall forthwith be forwarded to the Principal Officer, Mercantile Marine Department, through the Deputy Commissioner of the Port Police, who shall take such action as he may think necessary. In cases where there is evidence he shall take necessary steps so that the Chief Presidency Magistrate may hold a Marine Court in connection with the collision.

108. Expenses of witnesses and Investigating Officers in the investigation of cases. – (a) Bills for expenses of witnesses who are not servants of the Government for diet money and the cost of travelling by railway or long distances by boat or road in the interests of police investigations shall be sent to the Divisional Deputy Commissioner for sanction and payment. Such expenses shall only be incurred in cases of considerable importance.
(b) The bills after being passed by the Divisional Deputy Commissioner shall be paid from his contract contingent allotment and the amount shall be made over to the witness concerned, if he is present, or shall be sent by money order at the payee’s residential address, less money order commission. A receipt for the amount paid shall in all cases be taken from the actual payee.

(c) The Divisional Deputy Commissioner when passing bills, shall see that Police Officers have not neglected their duty of themselves going to the scene of the crime and interrogating the witnesses there. The true object of the rule is to provide for those important cases in connection with which the witnesses have to be brought from other districts to identify accused persons or to describe on the spot the progress of events connected with the crime. The bills shall be passed and cashed with all possible promptitude.

(d) All charges incurred by police escorts on account of travelling and diet expenses of witnesses arrested under warrants issued by criminal courts under section 92 of the Code of Criminal Procedure, 1898 (Act V of 1898), shall be recovered from the Courts.

(e) All legitimate expenditure, of Investigating Officers, as well as all necessary expenditure incurred in the investigation of cases which cannot, under the existing rules, be paid from other sources or recovered from the Courts, shall be paid by the Divisional Deputy Commissioner from the contract contingent allotment, and shall be recorded under a detailed head “Police investigation charges.”

Note – Clause (e) of the rule covers expenses such as –

(i) travelling and diet expenses of witnesses attending police enquiries, who are not required to appear before the court;

(ii) subsistence allowance and travelling expenses of informers and approvers; and

(iii) hire of conveyances for bringing important personages to the scene of occurrence to help in the investigation.

109. Institution and prosecution of conspiracy cases. – (a) The offence of criminal conspiracy may be divided into four classes :-
[Vide section 196A of the Code of Criminal Procedure, 1898 (Act V of 1898).]
(1) Conspiracy to commit cognizable offences punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.

In such cases there are no antecedent conditions prior to cognizance being taken in court.
(2) Conspiracy to commit –

(i) any non-cognizable offence except those described in (3), or

(ii) a cognizable offence not punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.

In these cases the written consent of the State Government or the Commissioner or the District Magistrate empowered in this behalf, is necessary before any Court takes cognizance.
(3) Conspiracy to commit any non-cognizable offences named in sub-section (1) of section 195 of the Code of Criminal Procedure, 1898.

In these cases the court shall take cognizance only on the written complaint as contemplated in that sub-section.
(4) Conspiracy to commit –

(i) an illegal act other than an offence, or

(ii) a legal act by illegal means, or

(iii) an offence to which the provisions of section 196 of the Code of Criminal Procedure, 1898, apply.

Unless a complaint is made by order or under authority of the State Government or some officer empowered by the State Government, no court shall take cognizance of such offences.
(b) Where the assistance of the police is invoked in such cases, police officers shall be guided by the principles followed in the institution and conduct of gang cases. The police officer employed or the purposes of supervision and local control must be of known integrity and experience, and shall go into the witness-box at an early stage of the case to show how the evidence has been got together and sifted. Conspiracy cases shall be under the control of the Deputy Commissioner, Detective Department, or the Deputy Commissioner, Special Branch, who shall report progress from time to time to the Commissioner. In cases in which the sanction of the State Government is obtained or is considered necessary, the Commissioner shall report important developments to the Government.

(c) The procedure for the preparation and prosecution of all the classes of conspiracy cases analysed in clause (a) above and of the gang cases is laid down in rules 17 and 18 at page 34, of the Legal Remembrancer’s Manual.

110. Finger Prints. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The services of the Finger Print Squad in the Detective Department shall be always utilized for the examination of finger prints suspected to have been left behind by criminals. An expert is able to intensify impressions which are scarcely visible to the ordinary observer.
(b) It is most important that Investigating Officers should see that articles on which finger prints may be found are not carelessly handled, but are carefully preserved till the arrival of an expert from the Finger Print Squad. When prostitutes have been drugged for the purpose of robbery or have been murdered for wrongful gain all tumblers or bottles should be guarded with particular care.

(c) Finger prints are frequently left on glass, metal, polished wood or lacquer work and they may also be found on the charred surface of a torch. In burglary cases in houses with matting walls finger prints may be found on the bamboo matting near the point of entry or on door posts. In cases of murder, blood-stained finger prints, may be found.

IV. – Unnatural Deaths And Injuries

111. First Information and enquiry. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A – Suburbs of Calcutta. – (a) Immediately on receipt of information of a death occurring in any of the circumstances mentioned in section 174, Code of Criminal Procedure, 1898 (Act V of 1898), a first information shall be drawn up in West Bengal Form No. 5370 (Bengal Police Form No. 48). The information shall be recorded in the same manner as a first information of a cognizable crime. It shall be put up to the Subdivisional Assistant Commissioner who shall record his orders on it.
(b) A Sub-Inspector shall proceed to the place where the body of the deceased person is, and after making the investigation prescribed in section 174 of the Code of Criminal Procedure, 1898, and any further enquiry that may be necessary, shall submit his final report through the Subdivisional Assistant Commissioner and the Divisional Deputy Commissioner to the nearest Magistrate empowered to hold inquests. The first information, investigation or inquest report, as the case may be, signed by the police officer and two or more responsible persons and the post-mortem report shall be attached to the final report.

(c) Special diaries shall be submitted if the enquiry lasts more than one days. If, however, the police officer making the enquiry finds reason to suspect the commission of a cognizable offence the enquiry then becomes one under section 157 of the Code of Criminal Procedure, 1898, and special diaries shall be started at once.

(d) When several persons meet their death by the same accident, there shall be a separate inquest report on each body, but a separate first information or final report shall not be necessary.

B – Town of Calcutta. – (a) Immediately on receipt of information of a death occurring in any of the circumstances mentioned in section 174 of the Code of Criminal Procedure, 1898 (Act V of 1898), a note shall be made in the General Diary.
(b) A Sub-Inspector shall hold an immediate enquiry and shall record the facts ascertained in an investigation report which shall be submitted through the Subdivisional Assistant Commissioner to the Divisional Deputy Commissioner. Special diaries shall be submitted if the enquiry takes more than one day.

(c) In all cases of death in any of the circumstances mentioned in section 174 of the Code of Criminal Procedure, 1898, a letter in West Bengal Form No. 4268 together with a disposal order in West Bengal Form No. 4279, shall be sent to the Coroner. The gist of the case shall be noted on the back of West Bengal Form No. 4268.

112. Points for enquiry during investigation in cases of suspicious and unnatural deaths. – In investigating unnatural and suspicious deaths, the directions in Appendix shall be observed by the police with a view to obtaining as much medico-legal evidence as possible. The instructions contained in “A Guide to Medical Jurisprudence” by Col. R N. Campbell, C.B., CIE, shall also be followed according to the requirements of each case.
113. Finger Prints of deceased in cases of murder of suspicious deaths. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – In all cases of murder or suspicious death, where an examination of the surroundings discloses or may possibly subsequently disclose, anything in the shape of finger marks, blurred or otherwise, on any article which might reasonably be expected to have been touched by the deceased, his finger prints shall invariably be taken for purposes of comparison with the finger impressions found on such article (picked at the scene of murder or suspicious death).
114. Photographs and Finger prints of unidentified deadbodies. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Unidentified deadbodies shall whenever possible be photographed with a view to tracing their identity. A photographer will be deputed by the Detective Department on requisitions received from a police station.
(b) When it is necessary to photograph an unidentified deadbody the whole body shall be included in the photo, the body being placed in such a position that all scars and similar marks of identification are clearly visible. This is especially important in cases where the features are in any way disfigured. Distinguishing marks on the body are much surer means of identification than articles of clothing, and as they disappear with the corpse, a full and accurate record of them is necessary.

(c) Whenever an unidentified deadbody is photographed, particulars of the subject, as far as they are known, shall be clearly written on the back of the photo.

(d) When the identity of a person killed by accident or who met with death under suspicious circumstances, or in the act of committing dacoities, burglaries or any of her offence has not been satisfactorily established, the Investigating Officer shall have his finger prints taken by an officer of the Finger Prints Section.

(e) Ordinarily there is not much difficulty in taking the impressions from the fingers of a deadbody; but it sometimes happens that the skin of the fingers is so contracted and wrinkled that decipherable prints cannot be obtained. In such cases the medical officer holding the post-mortem examination shall be asked to remove the skin from the fingers. The pieces of skin from the ten digits shall then be carefully enclosed in separate numbered envelopes and sent to the Finger Prints Section for examination.

(f) The finger prints of unidentified bodies should invariably be taken under the supervision of an officer not below the rank of a Sub-Inspector. Finger prints of all digits must be taken, even if it is necessary to remove the skin of the fingers and the supervising officer shall certify by the signature on the search slip that the impressions have been correctly taken in his presence. The supervising officer shall further note in the remarks column of the search slip the condition of the body whether in an advanced stage of decomposition or otherwise.

(g) Finger impressions of deceased persons shall invariably be taken as quickly as possible after the arrival of the Investigating Officer at the spot, as owing to decomposition which is rapid in India, delay might render the taking of distinct impressions impossible.

115. Corpses sent for post-mortem examination. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When a deadbody is sent for post-mortem examination, it shall be sent to the local morgue in charge of a Head Constable. His name and his qualifications for identifying the deadbody shall be noted on the challan. In cases under section 304A of the Indian Penal Code (Act XLV of 1860), the Head Constable or Constable who accompanied the injured man to the hospital or police station or any Head Constable or Constable who saw the injured person alive after the accident shall, whenever possible, be deputed.
(b) Some relative or other person familiar with the deceased shall, if possible, accompany the deadbody to the morgue and also be present at the post-mortem examination. When this is not possible there shall be noted on the challan “relative or friend not known” or “relative or friend not willing to come” as the case may be.

(c) There shall be sent with the corpse –

(i) a chalan in West Bengal Form No. 5371 ;

(ii) a disposal order in West Bengal Form No. 14279;

(iii) the Investigation (or inquest) Report;

(iv) a request to the Medical Officer for examination in West Bengal Form No. 4267 (in the Town of Calcutta);

(v) a request to the Coroner in West Bengal Form No. 4268 (in the Town of Calcutta);

Note. – If any clothes or articles sent with the body are required to be returned to the police station after the post-mortem examination this fact shall be clearly noted in column 10 of the Chalan.

116. Presence of Police officers at post-mortem examination. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Police Officer sent in charge of a deadbody need not be present throughout the details of the post-mortem examination. It shall suffice if he stands sufficiently near to be able to testify that the body which had been in his charge was the one examined by the medical officer. He shall be present at the court when the medical officers testimony as to the result of the examination is given, in order that the identity of the body examined, with the body to which the criminal case relates, may be established, if necessary.
(b) When possible, investigating police officers shall be encouraged to attend the post-mortem examination.

117. Post-mortem examination and report. – (a) On completing the post-mortem examination the medical officer shall fill up the whole of the West Bengal Form No. 5372 (B.P. Form No. 50) in triplicate by the pen-carbon process and shall send one copy of it to the Investigating Officer through the constable who brought the corpse.
(b) In the South Suburbs the Medical Officer shall also send one copy of the post-mortem report to the Investigating Officer through the Chief Medical Officer of Health.

(c) The Register of the post-mortem examinations shall be kept by the Medical Officer in charge of the morgue.

118. Disposal of deadbodies. – The Officer-in-charge of the Morgue is responsible for the final disposal of a deadbody unless otherwise directed.
119. Deaths from factory accidents. – The Chief Inspector of Factories shall be informed beforehand of all inquests to be held by the Coroner or by the Suburban Police under section 174 of the Code of Criminal Procedure, 1898 (Act V of 1898), on deaths resulting from factory accidents so that he can depute one of his Factory Inspecting staff to be present at the Inquest.
120. Deaths or injuries due to ignition of petroleum vapour. – (a) When any person has been killed by an accident which is reasonably believed to be the result of the ignition of petroleum or petroleum vapour, an inquest shall be held, in the suburbs by the nearest Magistrate empowered to hold inquests and in the town of Calcutta by the Coroner.
(b) If any such accident is attended by serious injury to person or property notwithstanding that no person is killed thereby, in the suburbs the Magistrate empowered to hold inquests and in the town of Calcutta the Commissioner may enquire into the cause of the accident.

Note. – The Commissioner cannot delegate his powers [see section 28 of the Petroleum Act, 1934 (XXX of 1934)].

(c) Such accidents and the result of all enquiries shall be reported to the State Government.

121. Deaths or injuries due to electrical accidents. – All electrical accidents causing loss of life or serious injury to person or property shall be reported to the Chief Electrical Inspector so that he may depute an officer of his department to be present at the Inquest and to investigate further if found necessary.
122. Report from hospital of admission of wounded person. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – If a report received from the Medical Officer of a hospital regarding the admission of a wounded person discloses the commission of a cognizable offence or gives reason for suspecting the commission of a cognizable offence, the Officer-in-charge of the police station concerned shall arrange for an immediate enquiry into the circumstances of the injury.
123. Medical Examination of wounded persons. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When a wounded person is sent to a hospital for medical examination a report in West Bengal Form No. 3865 shall be sent to the Medical Officer who will return it with his report.
(b) Wounded persons brought into a police station by the police, but not charged with any offence shall be sent, unless they object, to a hospital. Those brought in police custody and charged with an offence shall be sent to a hospital for examination. If, on examination, it is found necessary to detain as an indoor patient a wounded person in police custody, a police guard shall be placed over him during his detention in hospital unless he is released on bail.

(c) If a wounded person in a medico-legal case declines to go to hospital, the police shall requisition the services of the nearest medical officer in the services of the Government for the purpose of obtaining a medico-legal certificate.

(d) If a wound or injury is dangerous, the Investigating Officer shall take immediate measures to have the injured man’s statement recorded by a Magistrate.

(e) The consent of an injured person other than an accused is necessary to his removal to hospital.

(f) On no account shall women be subjected to medical examination without their consent.

124. Deaths from injuries sustained in West Bengal Police jurisdiction. – The following procedure shall be observed in connection with deaths occurring in hospitals situated in Calcutta from injuries sustained within the jurisdiction of the West Bengal Police :-
When a seriously injured person is sent from a Muffassil police station to a hospital in the town or suburbs of Calcutta a note of the brief facts of the case together with the names and addresses of witnesses who will prove facts in connection with the injury shall be sent by the West Bengal police station concerned to the Officer-in-charge of the Calcutta police station in whose jurisdiction the hospital is situated. On receipt of the Medical Certificate from the Medical Officer in charge of the hospital the Officer-in-charge of the Calcutta police station shall record the statement of the injured person and send it to the Officer-in-charge of the police station from which the man comes. A relation of the injured man or a constable of the West Bengal police station concerned shall stay in the hospital or in the neighbourhood in order to identify the body at the time of post-mortem examination in case of death. The enquiry into the death shall be held by the Calcutta Police before whom the West Bengal Police concerned shall produce all available evidence.
125. Post-mortem and clinical examination of animals. – When an animal has died or has been injured and the commission of a cognizable offence is suspected it shall be sent to the Bengal Veterinary College, Belgatchia, for post-mortem or clinical examination.
V – Warrants And Aerests

126. Service of warrants. – (a) Warrants directed to an Officer-in-charge of a police station for execution under section 77 of the Code of Criminal Procedure. 1898 (Act V of 1898), would ordinarily be addressed to him either by name or by the designation of his office. Section 79 of the Code prescribes that all subsequent endorsements shall be by name. If, therefore, the officer to whom the warrant is addressed desires to entrust the execution of the warrant to some other police officer, the endorsement shall be by name. His authority to endorse shall be made clear by addition of the words “Officer-in-charge” after his signature. An officer below the rank of Assistant Sub-Inspector, unavoidably left in charge of the police station, has no power to endorse a warrant.
(b) The Officer-in-charge when endorsing the warrant shall note the date by which the executing officer shall return the warrant to the Officer-in-charge with a report of the action taken on the back of the warrant. The Officer-in-charge shall examine the the report, and return the warrant to the Court Officer at least one day before the returnable date fixed by the Court. Bail bonds taken shall be returned with the warrants.

(c) A warrant issued against a railway servant shall be entrusted to a police officer not below the rank of a Sub-Inspector or a Sergeant, who shall, unless immediate execution is necessary, communicate with the direct superior officer of the railway servant in question.

127. Arrests on warrants issued by Moffusil courts. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – If a person arrested on a warrant issued by a mofussil court fails to give security as noted in the warrant or if the warrant contains no direction about the release of the person on bail he shall be produced before the Magistrate through whom the warrant was received.
128. Arrest – how to be made. – (a) An Officer-in-charge of a police station has no legal power to summon before him any person accused of an offence. The only manner in which he can enforce the attendance of such a person before him is by arrest and without an arrest the attendance or detention of an accused person cannot, under any circumstances, be compelled. It is, therefore, to be understood that, whenever an accused person is sent for and made to attend before an Investigating Officer, he is to be considered as having been arrested, and to be entered in the return accordingly. The manner in which arrest is to be made is described in sections 46 to 48 and section 53 of the Code of Criminal Procedure, 1898 (Act V of 1898). No person who has been arrested may be discharged except on bail or on his own recognizance or under the special orders of a Magistrate.
(b) “Police Custody” includes custody on the authority of the police; every person who is kept in attendance to answer charge in such a way that he is practically deprived of his freedom shall be considered as in custody. A police officer who, without himself arresting a person, directs some of the neighbours to take charge of him, shall be responsible in the same way as if he had made the arrest himself. Requiring a person’s attendance by letter and deputing a constable to accompany him with orders to prevent him from speaking to any one amounts to an arrest.

129. Unnecessary arrest to be avoided and bail to be allowed freely. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The police shall be careful to abstain from unnecessary arrests. In petty cases it is hardly ever necessary to arrest on suspicion during the course of any enquiry, and never necessary to arrest after the enquiry is over, when the case is not to be sent up. In heinous cases it is different. Police officers should not hesitate to arrest on reasonable suspicion. Having made the arrest they shall send the accused to the nearest Magistrate in the manner laid down in Article 22(2) of the Constitution of India or else release him on bail.
(b) A free use shall be made of the discretion given by section 497(2) of the Code of Criminal Procedure, 1898 (Act V of 1898), to accept bail in non-bailable cases. It shall be borne in mind that under section 54 of that Code “reasonable suspicion” will justify the arrest of an accused person, but that unless the evidence is sufficient to constitute “reasonable grounds for believing in his guilt”, the arrest shall be at once followed by an offer of release on bail under section 497(2) of the said Code.

130. Arrest of a person employed in a public utility service. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When the immediate arrest of a person employed in a public utility service (such as the Railway, Telegraph or Postal Service), would cause risk and inconvenience to the public, the Investigating Officer shall make arrangements to prevent escape and apply to the proper quarters to have the accused relieved. If immediate arrest can be made, without risk or inconvenience to the public, notice of the arrest shall at once be sent to the official superior of the accused to enable him to arrange for his duties.
131. Arrest of Corporation employees. – When it is necessary to make enquiries among Corporation employees or to arrest a Corporation employee the assistance of the superior officers of the Corporation shall, whenever possible, be taken.
132. Arrest of a Corporation lamplighter. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The arrest of a Corporation lamplighter shall at once be reported to the Lighting Superintendent.
133. Arrest of members attached to the Indian Army, the Navy and the Air Force. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When a member of the Indian Army or Navy or Air Force is arrested for a criminal offence a report giving full particulars of the case shall be submitted at once though the Divisional Deputy Commissioner of Police and the Commissioner to the D.A.A.G. of the brigade area concerned and the Officer Commanding the unit to which he belongs.
134. Arrest or surrender of any Army deserter. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – An army deserter shall on arrest or surrender be taken to the nearest police station where the Officer-in-charge shall make out a certificate specifying the date and the place of arrest or surrender. This certificate must be signed by the Officer-in-charge who shall record below his signature the words “Officer-in-charge” and the name of the police station, and shall be sent without delay to the Officer Commanding the unit to which the deserter belongs.
The deserter shall then be taken to the Divisional Deputy Commissioner who shall prepare a descriptive return and make a summary enquiry preliminary to handing him over to the military authority.
135. Arrest of Foreign Seamen. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – If any foreign seaman is arrested by the police other than the Port Police, the Deputy Commissioner, Port Police, shall be informed immediately with brief particulars of the case.
136. Arrest of criminals believed to operate in bordering West Bengal Police Stations. – Station officers shall inform by telephone the bordering West Bengal police stations of the arrest of a criminal concerned in an important Calcutta case or series of cases who is reasonably suspected to have operated in the bordering police stations or is a resident therein or has associated there.
The West Bengal Police shall similarly send intimation to the Calcutta Police.
137. Property of arrested persons taken charge of by Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When persons are searched under section 51 of the Code of Criminal Procedure, 1898 (Act V of 1898), and the police take charge of articles, a receipt shall be granted to the prisoners. A list of the property shall be attached to the Challan or to the special diary or the final report of the case. When such property is sent to the Court, full information concerning it shall be given to enable the Court Police Officer to fill the Malkhana Register.
138. Actions in cases of failure to arrest. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A warrant of arrest of an accused person remains in force, and shall be retained at a police station till the arrest is made or the individual surrenders, or till the warrant is formally cancelled or withdrawn by the Court which issued it.
(b) When a police officer to whom a warrant has been entrusted for execution fails to find the accused person and has reason to believe that he has absconded or is concealing himself, and the warrant cannot be executed, he shall submit a report in writing stating clearly the reason for such belief.

(c) He shall also make in all cases, except petty cases, a list of the property movable or immovable belonging to the absconder, take on it where possible the signature of two witnesses, and send it with a warrant report in West Bengal Form No. 5260 (B.P. Form No. 55) to the Magistrate. In the case of persons who are absconding at the time of submission of a chargesheet, this list shall be submitted together with the chargesheet so that an order of attachment may issue immediately.

(d) A Magistrate issuing a warrant is required by law to fix a date by which the warrant is to be executed, or failure to execute, reported. If it is not possible to return the warrant duly executed to the issuing Court by the date fixed in the warrant, the police officer to whom the warrant has been addressed or endorsed, shall submit, so as to reach the issuing Court not later than the morning of the date fixed, a report in West Bengal Form No. 5260 (B.P. Form No. 55) stating the reason why the warrant has not been executed. If the accused is absconding, he shall also send with his report the original report, referred to in clause (b) above, of the officer to whom the warrant was made over for service, together with the list of property belonging to the absconder. It will then rest with the Court Officer to apply for proclamation and attachment, if necessary.

(e) An unexecuted warrant for the arrest of a witness in Form No. VII, Schedule V of the Code of Criminal Procedure, 1898 (Act V of 1898), shall be returned to the Magistrate on the date fixed therein, so that he may take any further steps he may think advisable.

(f) Unexecuted warrants for the arrest of accused persons shall be kept in a file until they are arrested or the warrants are cancelled or withdrawn.

(g) A register of warrants of arrest shall be maintained at each police station in West Bengal Form No. 5449D. (B.P. Form No. 56).

139. Production of accused persons before Magistrates. – All persons arrested by the police shall be produced before the nearest Magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
140. Remand to Police custody. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Applications for remand to police custody for the purpose of further investigation shall be made as soon as it becomes apparent that the investigation cannot be completed within 24 hours and that further detention of the accused person or persons in police custody is essential for the purpose of investigation. The application must be based on good grounds and shall be accompanied by a copy of the relevant entries in special diary. At the time of making the application the accused shall be placed before the Magistrate. Such an application should be made by the prosecuting officer concerned. He may, if necessary, require the presence of the Investigating Officer in the Court. He should, however, take steps to see that the stages of police investigation be not disclosed.
(b) Persons remanded to police custody cannot be released on bail by a Deputy Commissioner. Such persons must be placed before the Magistrate who remanded them to police custody with a report either (i) that the evidence obtained is not sufficient to warrant the accused being placed on trial, or (ii) to necessitate the accused being kept in custody because the enquiry is incomplete and that a further remand either to police custody or to jail is necessary.

141. Police Station Outpost, and Divisional lock-ups. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) In addition to the Central lock-up at the headquarters there are –
(i) divisional lock-ups at certain police stations.

(ii) lock-ups at every police station and at some outposts.

(b) (i) The accommodation of each lock-up shall be based on the scale of 3.344 square metres per prisoner.

(ii) A notice in English and Bengali shall be hung up outside each lock-up showing the maximum number of male or female prisoners which the look-up is authorised by the Commissioner to accommodate.

(iii) Temporary relaxation for a very short period of the provisions of sub-para (i) also can only be made by the Divisional Deputy Commissioner in whose jurisdiction the lock-ups are situated. In times of emergency, the Deputy Commissioner should, however, take immediate steps for the transfer of the surplus prisoners elsewhere.

(c) (i) The Officer-in-charge of a police station or post shall be responsible for the safe custody of all prisoners brought to the station or post. They shall be confined to police station or outpost lock-ups till they can be sent to Divisional or Central lock-ups.

(ii) Before admitting a prisoner to a police lock-up the Officer-in-charge shall have the person of the prisoner carefully examined for any signs of injury, and record in the General Diary a full description of any marks of injury found on him, if necessary, calling independent witnesses from the neighbourhood to witness the existence of the injuries at the time of admission to the lock-up.

Note. – The object of this regulation is to protect police officers against charges of torture founded on injuries received before the prisoner came into the hands of the police.

(iii) The Officer-in-charge shall also have the prisoner searched and remove everything from his possession, except articles of wearing apparel and shall give the prisoner a receipt for all articles taken from this possession. Glass, conch-shell or iron bangles shall not be removed from the person of female prisoners. He shall allow the prisoner to take only strictly necessary clothing into the lock-up.

(iv) Before confining a prisoner to the lock-up the Officer-in-charge shall note the fact in the General Diary and shall tell off a guard and place an Assistant Sub-Inspector of Police or a Head Constable or a senior constable in charge. He shall enter the name of the officer detailed and their hours of duty in the General Diary. The officer detailed shall before actually placing the prisoner in the lock-up enter and examine the lock-up to see that no weapons or articles that can facilitate escape or suicide, such as bamboos, ropes, tools, etc., are in or within the reach of the lock-up.

(v) At the time of relieving sentries, the Officer-in-charge of the guard and the relieving sentry shall count the prisoners and see that everything is in proper order.

(vi) The key of the lock-up shall remain with the sentry and except in urgent cases, such as, an outbreak of fire, he shall not unlock the door without first calling the Officer-in-charge of the station or post.

(vii) If it be necessary to open the lock-up or to take out a prisoner, the assistance of other constables shall be taken, if considered desirable.

(viii) Prisoners shall be taken out to relieve nature at as late an hour as possible before Officers retire to rest, in order that it may not be necessary to open the lock-up during the night. Before being taken out they shall be secured with leg shackles, handcuffs or rope. When relieving nature they shall be attached by means of a rope to a constable.

(d) Lock-up pass and classification of prisoners by Assistant Commissioner. – The Officer-in-charge shall send a lock-up pass for each prisoner in the lock-up to the Subdivisional Assistant Commissioner for his signature and classification.

The Subdivisional Assistant Commissioner shall classify the prisoners in accordance with the instructions laid down in the West Bengal Jail Code, note the classification on the lock-up passes and return them after signature to the Officer-in-charge and shall record in the lock-up register his reasons for placing a prisoner in Division I.
(e) Despatch of prisoners to Divisional and Central lock-ups. – Officers-in-charge shall inform the Telephone Sergeant at Headquarters before 8 p.m. of the number of prisoners required to be removed to the Divisional and Central lock-ups.

All women prisoners, all prisoners living in European style, all prisoners whom on account of their dangerous character or for any reason it is after to confine in the Central lock-up and all prisoners charged under section 377 of the Indian Penal Code (Act XLV of 1860) shall be sent to the Central lock-up.
Prisoners suffering from minor illness not requiring treatment in a regular hospital shall also be sent to the Central lock-up for treatment by the Medical Officer attached to Central lock-up. The remaining prisoners shall be sent to the Divisional lock-ups.
A lock-up pass for each prisoner signed by the Subdivisional Assistant Commissioner shall be made over to the escorts. The pass of a prisoner charged under section 377 of the Indian Penal Code (Act XLV of 1860) shall be endorsed in red ink “charged under section 377, IPC. Please segregate”.
Prison Vans. – Prison vans with an escort for each van supplied by the Assistant Commissioner, Headquarters, shall be sent from Headquarters to escort prisoners from police stations to the Divisional and Central lockups.
These vans shall on no account be unnecessarily delayed at police stations.
(f) Divisional lock-ups. – (i) An Assistant Sub-Inspector shall be in charge of the Divisional lock-up under the immediate direction of the Officer-in-charge of the police station where the lock-up is situated.

(ii) Each prisoner shall be carefully searched by the Officer-in-charge of the lock-up in the presence of the escort that brings him in, the provisions of section 52 of the Code of Criminal Procedure, 1898 (Act V of 1898), being strictly observed in regard to female prisoners. Any property beyond necessary clothing found in the possession of the prisoner shall be taken charge of and entered in the Malkhana Register. A special note shall be made in the register of property which cannot be removed from the person of a prisoner.

(iii) Illeness or injury. – Any prisoner found dangerously ill or suffering from a serious injury shall be removed to the nearest hospital to which police cases are admitted.

(iv) All marks of injury on a prisoner shall be noted in the lock-up register.

(v) The key of the lock-up shall always remain with the Officer-in-charge of the lock-up and the cells shall not be opened except in his presence.

(vi) Maximum period of detention. – No prisoner shall be kept in the lock-up for a period exceeding 24 hours at a time including Sunday’s and holidays except on a remand order. The Subdivisional Assistant Commissioner concerned shall be informed when a period of 23 hours has been exceeded and if no remand is obtained, the man shall be released on personal recognizance if he cannot be produced before a Magistrate.

(vii) Requisition. – No prisoner from Divisional lock-up shall be made over to any police officer for the purpose of investigation without a written requisition from the Officer-in-charge of the police-station concerned or the officer investigating the case. Every officer signing such a requisition shall clearly note his rank and the date against his signature. The officer shall also note his full name in block letters below his signature. Any requisition that is not in accordance with these instructions shall not be complied with and the officer receiving it shall make it over to the Officer-in-charge to be forwarded to Divisional Deputy Commissioner.

Release. – No police officer except the Officer-in-charge of the police station concerned is authorised to release a prisoner on bail or recognizance.
When such action is necessary the Officer-in-charge shall send a Head Constable or constable with a written requisition to take the prisoner to the police station so that he may be released there.
(viii) No dangerous weapons or instruments, liquor or drugs, found with a prisoner, shall be returned to him except under the orders of the Commissioner or a Deputy Commissioner or of a Magistrate.

(ix) Communication. – No outsiders, relatives or friends of any prisoner or any member of the lock-up guard shall be permitted to convey messages or letters on behalf of any prisoner to his relatives or friends or from them to the prisoner except under the authority of the Officer-in-charge of the investigation. The grant of such permission shall be reported to the Subdivisional Assistant Commissioner with full details and the reasons for giving such permission.

(x) Duty of lock-up Guard. – The constable on guard duty at the lockup shall be changed every 4 hours; he shall patrol in front of the lock-up and not allow any outsider to approach the lock-up or have any communication with the prisoner or permit any prisoner to be supplied with any food or drink except with the sanction of the Officer-in-charge of the police station. When it is necessary to take out any prisoner from the lock-up, either for the purpose of feeding him or for answering a call of nature, the constable on duty shall have a second constable on duty along with him over each prisoner; the two constables on this duty shall be held jointly and individually’ responsible for the prisoner’s safe custody until his return to the lock-up.

When a prisoner is taken out of the lock-up the officer who takes him shall sign the Lock-up Register noting the time.
(g) Diet. – No food or drink other than that prescribed in orders from time to time shall be supplied to any prisoner in the lock-up. There shall be three meals, viz., breakfast at about 6.30 a.m., lunch at about 11 a.m. (at 9.30 a.m. in case of prisoners taken to Courts) and dinner at 6 p.m. Prisoners coming into police custody after the scheduled time of a meal must wait for their meal until the next scheduled time. In cases of transfer from one lockup to another, either the former must feed the prisoners or give timely notice to the latter.

Under-trial prisoners who have to attend Court during Courts hours and cannot be provided with lunch before leaving for Courts shall be placed in charge of the Officer-in-charge of the Court lock-up and their lunch shall be supplied by the Court Inspector from the Court contingencies and not at the cost of the police station. The Officer-in-charge of a police station shall every day check up the diet supplied to prisoners with the time of arrival and departure of the prisoners shown in the Lock-up Register.
The number of meals supplied to prisoners shall be noted against their names in the Lock-up Register and the total struck at the close of each day. These entries shall be checked by’ the Officer-in-charge (or the Court Inspector, as the case may be) and the Registers produced by them before the Subdivisional Assistant Commissioner daily for his inspection and
signature. At the close of the month the monthly diet bills submitted by the food contractors shall be checked by the station officers (or Court Inspectors) with the entries in the Lock-up Registers and then shall be signed and put up with the Lock-up Registers to the Sub-divisional Assistant Commissioner and Divisional Deputy Commissioner for their countersignatures. After countersignature the bills shall be forwarded to the Finance Branch, Lallbazar, for payment. Officers-in-charge may if required, submit these bills for a period of less than a month but the above check shall always be exercised.
142. Inspecting officers of Outposts, police station and Divisional Lock-ups. – Inspecting officers shall inspect the divisional police station and outpost lock-ups and shall initial the Lock-up Registers at each visit.
They shall invariably ask the prisoners in these lock-ups whether they have any complaints to make and a note shall be made of such complaints, if any, in the General Diary or Inspection Register.
Any complaints of ill-treatment shall be immediately enquired into by the officer concerned, and a report, made to the Divisional Deputy Commissioner.
143. Escort of prisoners. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Escorts of prisoners to different places, such as, the Criminal Record Office, Divisional lock-up, Central lock-up or Court, shall not, as far as practicable, be done separately but together in a prison van sent from Lallbazar. The prison van will take them to different places and drop them with their escorts except when prisoners have to be taken to places outside the town and suburbs of Calcutta. They shall not be carried in public conveyances. The strength of the escort will depend on the number of prisoners and their nature.
(b) When a prisoner sent up for trial is known to be of desparate character or to have previously suffered from lunacy, the fact shall be reported separately to the Court Officers.

(c) Prisoners arrested by the police for transmission to Magistrates, or to the scene of enquiry and also under-trial prisoners shall not be subjected to more restraint than is necessary to prevent their escape. It is hardly necessary to rope them while they are taken in thana trucks; handcuffing also would depend on the status and nature of the prisoners.

(d) The Officer-in-charge shall see, as far as possible that prisoners in transit are properly fed and treated.

(e) In no case shall women or juvenile offenders be handcuffed, nor shall restraint be used to those who either by age or infirmity can easily and securely be kept in custody. Witnesses arrested under section 171 of the Code of Criminal Procedure, 1898 (Act V of 1898), in an area to which that section applies shall, in no circumstances be handcuffed.

(f) In bailable cases prisoners shall not be handcuffed unless violent and then only by the order of the Officer-in-charge of the police station, the reason for the necessity of this action being entered in the general diary.

(g) In non-bailable cases the amount of restraint necessary must be left to the discretion of the officer concerned. In certain circumstances the use of handcuffs may not be necessary to prevent escape but, if for instance, the prisoner is a powerful man in custody for a crime of violence, or is of notorious antecedents, or disposed to give trouble, or if the journey is long, or the number of prisoners is large, handcuffs may properly be used. Escorts should in any case be supplied with handcuffs for use, should necessity arise.

(h) In the case of two prisoners whom it necessary to handcuff they will be handcuffed in couples – the right wrist of one to the left wrist of the other. In no circumstances should more than two prisoners be secured together.

(i) In all cases in which the use of handcuffs is allowed and considered necessary and when no proper handcuffs are available, the prisoners may be secured by rope or pieces of clothing. These shall be so tied as not to interfere unduly with proper circulation, and shall be replaced by handcuffs as soon as possible.

(j) Great caution shall be exorcised at all times in the removal of handcuffs and other fastenings from prisoners en route whether by land or water.

(k) Handcuffs shall be kept in good order. If broken they shall be mended or replaced without delay.

(l) Should there be a Head Constable in charge of a party of prisoners he must walk behind the prisoners and their escort and not in front of them.

144. Expenses for the diet of prisoners. – Expenses incurred in feeding the prisoners or escorting them shall be recouped from the contingent fund at the disposal of the Commissioner. At the end of the month the Officer-in-charge of the police station shall prepare a detailed bill of all expenses incurred on this account and submit it to his Divisional Deputy Commissioner for payment.
145. Juvenile offenders. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Juvenile offenders shall not be placed in police custody for a longer period than is reasonably necessary for preliminary investigation, and unless the charge is one of culpable homicide or any other offence punishable with death or imprisonment for life shall forthwith be released on bail with or without sureties.
(b) They shall not be handcuffed or tied by any rope while in police custody, and they shall not be allowed to associate or communicate in any way with adult or old offenders.

(c) Constables escorting juvenile offenders shall always be in plain clothes.

(d) All juvenile offenders not released on bail shall be sent direct to the House of Detention. No person who is not really and unmistakably under the age of 16 years shall be sent there. Juvenile offenders so small and sickly as to be unable to walk to the House of Detention shall be conveyed there in a vehicle.

(e) With every juvenile sent to the House of Detention there shall be sent in addition to the challan and connected papers a history sheet in Form “A”. If the Officer-in-charge is unable to supply in the first instance all the information required he shall send a second history sheet not less than one week later.

(f) Investigating Officers shall inform the Superintendent, House of Detention, of the final orders passed in respect of juveniles who have been sent to the House of Detention, and have not subsequently been placed before the Juvenile Court.

146. Arrested persons whose finger prints are to be taken for search. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The finger prints of persons arrested by the Police shall, subject to the provisions of sections 4 and 5 of the Identification of Prisoners Act, 1920 (XXXIII of 1920), be taken. Those of persons sent to divisional lock-ups shall be taken by the Finger Print Proficients attached to these lock-ups and those of persons sent to the Central lock-up shall be taken by an officer attached to the Finger Print Section.
(b) The finger prints of juveniles shall be taken at the House of Detention by an Officer from the Finger Print Section.

Note. – Bureaux to which slips are to be sent for search. – Police officers are authorised to take the finger prints of persons only under sections 4 and 5 of the Identification of Prisoners’ Act, 1920 (XXXIII of 1920), of which the former provides for the taking of finger impressions of persons (1) after arrest and (2) when arrested for an offence punishable with rigorous imprisonment for a term of one year and upwards, and the latter for the taking of finger impressions of persons with the orders of the Magistrate for the purpose of any investigation or proceeding under the Code of Criminal Procedure, 1898 (Act V of 1898).

(c) Bureaux to which slips are to be sent for search. – The finger print slips shall be sent (1) to the West Bengal Bureau, (2) to the Bureau of the State in which the persons arc suspected to be residents, and (3) to the Bureau or Bureaux of the State or States in which they are suspected to commit crime.

The slips shall be sent to the West Bengal Bureau. To other Bureaux only one slip shall be sent.
The slips for the West Bengal shall be sent there direct from the divisional lock-ups and others shall be sent to the Finger Print Section for transmission to the Bureaux concerned.
(d) On return of the slips from the Bureau, the Criminal Record Office shall fill up one copy from the search slip and file it with the history sheet if there is one. They shall send the other copy together with the search slip to the Court Inspector concerned and he shall forward them to the Investigating Officer.

(e) Investigating Officers are responsible for seeing that finger print slips of persons arrested in connection with their cases are sent to Finger Print Bureaux in accordance with these instructions. They shall clearly note on the requisition slip the number of slips required and the Bureaux to which they are to be sent.

They are also responsible for seeing that a Finger Print Proficient is deputed from the Finger Print Section to take the finger prints of juveniles in the House of Detention.
147. Escapes, etc., of certain persons to be immediately reported to the Finger Print Bureau. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When a person whose finger print slip ia on record or a prisoner whose finger print slip has already been prepared for search is declared a proclaimed offender, or escapes from jail or lawful custody, or absconds after committing some offence, the Investigating Officer shall immediately send intimation of the fact to the bureaux concerned direct informing each bureau of the names of the various bureaux to which such reports or finger print slips have been sent. When communicating such information, the name, caste, parentage and residence of the individual, the member and the date of the First Information Report and the name of the police station at which it is registered, shall be quoted.
(b) When such a proclaimed offender or absconder is arrested the bureaux shall be informed.

148. Address of persons remanded to intermediate jail custody. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When applying for a remand to intermediate jail custody the Investigating Officer shall fill up a descriptive roll in West Bengal Form No. 4340. In doing he shall carefully record the address (including the temporary Calcutta address) of the prisoner as fully and correctly as possible.
VI – Inspection, Surveillance, Registers And Returns.

149. Inspection. – (1) Deputy Commissioners of Divisions shall inspect on a year every police station, outpost and court office within their respective jurisdictions. Subdivisional Assistant Commissioners shall make such inspection half-yearly.
(2) The principal object of these inspections is to find out the working efficiency of each post, i.e., if the police are working properly for the detention and prevention of crime, if the records are maintained properly and in good order, if clothing, equipment, furniture and buildings are in order.
(3) During these inspections, defects and errors detected should be explained to the subordinates and orders should be issued for future guidance. Deputy Commissioners and Assistant Commissioners should see that the orders issued are carried out.
At the end of each inspection, the Deputy Commissioner should note exceptionally good or bad work done by officers.
A brief note of each inspection should be sent to the Commissioners for his information.
(4) No hard and fast rules can be laid down as to the procedure to be followed during inspection. Each Officer can follow his own method, but information on the following points should be recorded :-
(a) Buildings – Accommodation and repairs.

(b) Government Properties – Replacement and repairs.

(c) State of Crime –

(i) detection, quality of investigation,

(ii) steps taken for prevention,

(iii) agents, expenditure of Secret Service money, and

(iv) local knowledge of officers and men.

(d) State of sherista – General condition of Registers, whether up-to-date, promptness in disposing of papers.

(e) Discipline of the Force.

(f) Adequacy of the staff or otherwise.

Special attention should be paid to the amount of miscellaneous work, Court petitions, etc.
150. Persons to be placed under surveillance. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) It is impossible to define with absolute precision the class of persons to be placed under surveillance and much discretion must be left to the Divisional Deputy Commissioners. They should remember that, although surveillance is to be exercised by the constables the efficiency of the surveillance will depend largely on the supervision maintained by the station staff, and the number of surveilles should be limited to what the staff is able to supervise effectively. The list of persons, under surveillance should, therefore, be confined to the narrowest possible limits. It may, however, be laid down that all persons addicted to the following classes of crime shall ordinarily be placed under surveillance, namely :-
(i) persons who have at any time during the past three years, been convicted of dacoity, burglary, theft, robbery, drugging, counterfeiting, murder for gain or bad livelihood,

(ii) suspects – Persons who are known or suspected to have been concerned in any of the above offences during the same period, or who are, or are believed to be, professional, habitual or notorious cattle-lifters or burglars, thieves, receivers of stolen property, harbourers or abettors of thieves or to belong to any criminal gang.

(b) No person falling under item (ii) of clause (a) shall be placed under surveillance unless a history sheet has been opened, and the orders of the Divisional Deputy Commissioner obtained. In the case of persons falling under item (i) of clause (a), the Station Officer shall, from time to time, as opportunity occurs, institute enquiries with a view to ascertaining whether the ex-convict is living an honest life, or has reverted to criminal habits.

Note. – Persons who are convicted or are reasonably suspected of opium or cocaine smuggling should be placed under surveillance.

151. Divisional Deputy Commissioner to order suveillance. – When the history sheet of any person gives rise to a reasonable presumption that the person concerned in an active criminal, the fact shall be reported to the Divisional Deputy Commissioner who shall decide whether there are sufficient grounds for requiring the police to exercise closer supervision over him. It is desirable that, whenever possible, this decision shall be based on enquiry at the police-station and not merely on a written report. If the Deputy Commissioner decides that closer supervision is necessary, he shall pass orders for surveillance and the history sheet shall then be dealt with as laid down in regulation 167 and it shall be maintained in much greater detail.
152. Surveillance of juvenile offenders. – Juvenile offenders may be placed under surveillance by the Divisional Deputy Commissioner on their discharge from the Reformatory or Borstal School as the case may be, if their conduct in the school or after discharge from there necessitates such action.
153. General rules regarding registers. – (a) No new Registers or Forms shall be used without the permission of the Commissioner.
(b) Excepting books and registers containing printed page numbers, all books and registers as also printed pages of railway warrants, pay and receipt cheque books shall be consecutively numbered by the Forms clerk of the Calcutta Police Directorate, who shall also certify on the inside of the covers that this has been done stating the number of pages the book or register, as the case may be, contains and the certificates shall also be attested by the Office Superintendent, Calcutta Police Directorate.

(c) No page may be torn out of a register unless there is specific authority for doing so.

(d) Corrections shall be attested by the officers making them and shall be made by drawing a line through the mistake so as to leave the word corrected legible and by writing the correct word afterwards or in the margin. A piece of paper shall not be pasted over a mistake.

Interpolations shall not be made in order to rectify an omission; a formal entry shall be made.

(e) No register shall be rewritten without the written permission of the Deputy Commissioner.

Note. – Seals of a uniform pattern have been provided for all offices and no deviation shall be allowed from the sanctioned design when seals are renewed or new seals are procured.

154. General Diary. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A General Diary in West Bengal Form No. 4350 shall be maintained in a book containing 200 numbered pages in all police-stations and in those outposts to which Assistant Sub-Inspectors are attached. The diary shall be written in duplicate by carbon process. If the officer making an entry in the General Diary knows from the nature of the information that an extract must be sent (e.g., to the Detective Department for publication in the “Calcutta Police Gazette”) he shall make an extra copy of the entire entry or a part of the entry as required by making an extra carbon copy on a loose sheet of paper.
(b) Entries by whom made. – (i) All entries of a routine or unimportant nature shall be made by the Duty Officer under the supervision of the Officer-in-charge.

(ii) Important matters, such as allegations against police officers, friction between members of the public and the staff of bus or tram companies, big fires, important accidents, etc., etc. shall be recorded by the senior Sub-Inspector present at the police station.

(iii) The officer who enters a charge in the Crime Register or draws up a First Information Report shall himself make a note of the crime in the General Diary.

(iv) An officer leaving the police station or outpost on duty shall himself note in the Diary the reason for doing so and on his return shall note a brief report of the work done. An officer leaving the police station on private business shall himself note the fact.

(v) The Officer-in-charge shall on return to police station definitely state in writing in the General Diary that he perused the entries made during his absence and took action where necessary.

(c) Information to be entered. – The main purpose of maintaining a General Diary is to furnish a chronological account of all events which occur at police stations and outposts. It shall contain a brief note, entered at the time at which it is communicated to the police station, or outposts, of every occurrence other than petty cases reported. It shall also contain all information relating to accidents, fires, the receipt and disbursement or transmission of cash, taking and making over charge, daily disposition of the staff, the holding of parades, kit inspection, barrack inspection, departure and arrival of officers and men on duty, visits of superior officers, assistance rendered to police officers and officers of other departments, round reports, and information of any apprehended disturbance within the jurisdiction of the police station or outpost and of movements of wandering gangs.

The writing of lengthy reports in the General Diary shall be avoided specially in connection with cognizable cases, such as, disputes between the employees of the Tramways and the public, disturbances in public places, inquest reports, accidents, enquiries arising from medical certificates sent from hospitals when an offence has been disclosed. When such incidents are reported or brought to notice only the gist of the information and reports received shall find entry in the General Diary together with the time and place of occurrence and the names of witnesses who can testify to it; the statements of witnesses must not be entered in the General Diary. If an information is of sufficient importance to necessitate an enquiry, the Officer recording the information in the General Diary shall put up the Diary before the Officer-in-charge who shall order an officer to take up the enquiry. The order of the Officer-in-charge shall be noted in the Diary; the enquiring Officer shall submit a separate report incorporating the details of the enquiries and the result thereof. All such enquiry reports shall be filed together in a special file.
(d) Arrests on warrants and under sections 54 and 55 of the Code of Criminal Procedure, 1898 (Act V of 1898), shall be shown in the Diary immediately after the person arrested is brought to the police station.

(e) All complaints and charges made, whether cognizable or not, shall be recorded. The names of the complainants, the names of witnesses cited, the names of all persons arrested, the weapons or property which the police have seized shall be entered.

(f) Examination of arrested persons. – Before putting an arrested person in the lock-up he shall be searched for any marks of injuries, and if any are found or if the prisoner makes any complaints these facts shall be entered in the General Diary. If on search no marks of injury are found or no complaints are made, a clear note to that effect shall be entered.

(g) Entries relating to extortion and assault committed by professional bullies shall be sidelined in red ink so as to facilitate subsequent search.

(h) Entries in the General Diary concerning the arrival and departure of men for duty need not contain the names of the personnel as these names will be found in the Duty Register.

(i) The fact of enquiries having been made regarding absconders and surveillees shall be noted in the Diary and also the presence of strangers, suspicious characters, gamblers, swindlers, smugglers and members of wandering tribes or tribes having criminal proclivities.

(j) Subdivisional Assistant Commissioners visiting the police stations or outposts shall enter their remarks in the General Diary. When the remarks are in the nature of instructions they should be entered in the Inspection Register, which should also contain comments, if any, regarding the work of police stations or outposts. They shall also record any complaints made by prisoners in custody. Visits of the Divisional Deputy Commissioner, should however, always be found from the Inspection Registers.

(k) An entry in this diary does not obviate the necessity of a separate report or entry in any other register of any occurrence which is required by Standing Orders to be specially reported or entered.

(l) Every entry made in the General Diary shall be given, a marginal heading and shall be numbered in a monthly series. The Officer making an entry shall sign legibly at the end of each entry.

(m) The diary shall be closed at 06-00 hours and a carbon copy thereof shall be sent to the Subdivisional Assistant Commissioner with the daily dak for his perusal and orders.

(n) The diary shall be filed in monthly bundles. Each bundle shall be checked and if found correct signed as such by the Officer-in-charge. The General Diary shall be preserved for 3 years.

(o) Officers-in-charge of police stations shall record in the General Diary, at the end of each day, the names of officers who actually went on day and night rounds and the hours they were on rounds. Rounds in this sense are to be distinguished from miscellaneous duties such as investigation, court,

(p) The General Diary shall, under no circumstances, be used as a medium for ventilating personal grievances.

155. Malkhana Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A Malkhana Register in West Bengal Form No. 4328 shall be maintained at each police station.
A separate register in the same form shall be maintained for property seized in connection with petty cases.
(b) No Malkhana Register shall be kept at outposts. If any property is deposited at an outpost the Officer-in-charge of the outpost shall forward it forthwith to the police station for necessary action.

(c) Every item of property including cash taken charge of by the police whether stolen, intestate, unclaimed or suspicious property, exhibits in cases and property seized by order of a court or in execution of warrants or found on the person of accused, etc., etc., shall be entered in the Malkhana Register.

Note. – Property seized by the police in execution of warrants issued by courts on complaints filed directly in court shall, in the Town of Calcutta, be made over to the issuing court and in the suburbs to the Court Inspector who shall enter it in his Malkhana Register.

(d) All cash seized shall be noted in red ink in the Malkhana Register. The total of the cash in hand shall be noted in each Malkhana Register every day at a fixed time and these two totals shall be shown separately every day in the cash account.

(e) All gold and valuable jewellery taken charge of shall be tested. The expense of the testing shall be met from the contingent grant. The name and address of the Poddar who tested and the shape, size and weight of the articles shall be carefully noted in the Malkhana Register. Vague descriptions are prohibited.

(f) Exhibits, in all political cases and in cases of murder, dacoity, robbery, drugging and other cases of special importance, shall not be disposed of without the orders of the Magistrate concerned and without the approval of the Deputy Commissioner, Special Branch, in political cases and of the Deputy Commissioner, Detective Department, in other cases.

(g) (i) Seized and confiscated excisable articles of cases under the Bengal Excise Act, 1909 (Bengal Act V of 1909), and the Dangerous Drugs Act, 1930 (II of 1930), shall be kept in the Malkhana.

(ii) On the conclusion of trial they shall be sent, without delay, to the Collector of Excise for disposal.

(iii) In contested cases the Collector of Excise shall be asked to postpone disposal until the period of appeal against conviction or confiscation is over, or until the appeal has been finally disposed of.

Exhibits or property seized or otherwise received of little or no commercial value or of objectionable odour or of a perishable nature may, however, be disposed of by order of the Magistrate on the conclusion of the case. In case of emergency, however, the articles may be destroyed with the permission of the Divisional Deputy Commissioner.
(iv) Drugs shall always be forwarded for disposal to the Collector of Excise irrespective of their quantity or conditions.

(v) Divisional Deputy Commissioners are responsible for seeing that excisable articles are not unnecessarily kept pending in Malkhanas.

(h) When under orders of a court of competent jurisdiction or of the Commissioner or a Deputy Commissioner property is returned to any person, a signed and dated receipt shall be taken from him in the register.

(i) Once a fortnight on the day fixed by the Deputy Commissioner, Detective Department, for his police station the Officer-in-charge shall send to the Officer-in-charge of the Central Malkhana the Malkhana Register and the exhibits in cases in which there are absconders, condemned Government property and all intestate and confiscated property with the exception of articles of large bulk which shall be retained in the police station, a note to that effect being made in the Register. The Officer-in-charge of the General Malkhana shall take over the articles and sign for them in the Register.

Note. – Exhibits in cases in which there are absconders shall not be sent until after the expiry of six months from the date of the issue of proclamation.

(j) All unclaimed movable property shall be sent to the Central Malkhana within 24 hours of its receipt.

(k) Articles, such as, vegetables, fish, meat, etc., subject to speedy and natural decay, shall, if not claimed by the owner immediately after they have been taken charge of, be at once sold to the highest bidder by public auction by the Officer-in-charge of the police station. The name and address of the highest bidder and the price obtained shall be noted in the Malkhana Register and also a cross-reference to the relevant entry in the General Diary. The sale proceeds shall be credited to the head office and cross-reference to the receipt obtained therefrom shall be noted in the register.

(l) Property pending disposal at the end of the year shall be carried forward to the next year’s list and shown in red ink.

156. Crime Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Crime Register shall be kept in two parts, viz., Part I and Part II, in West Bengal Form No. 4349.
Part I Crime Register is meant for recording all cognizable cases.
Part II Crime Register is meant for recording arrests made on suspicion under section 54 of the Code of Criminal Procedure, 1898 (Act V of 1898).
The following procedure shall be followed in maintaining the Crime Register :-
Part I. – One page shall be used to record one case; two cases shall not therefore be recorded on the same page. If one case cannot be completed in one page, it can be carried over to the next page. Crime Register is maintained in duplicate. The original Crime Sheet shall be kept with the Crime Register and the duplicate shall be torn off and filed with the case docket. All orders passed by superior officers on the duplicate copy shall be copied out in the original copy. If an accused is arrested subsequently in a specific case which has already been recorded, his arrest shall be shown in the Crime Sheet but no new case number shall be given. When the charge is amended such charge shall be noted on the next available sheet but no new case number shall be given. A note shall be made to the effect “Amended charge of Section………..Case No……. date……19 “.
Part II. – In this part all arrests which are made under section 54 of the Code of Criminal Procedure, 1898 (Act V of 1898), shall be recorded. If after investigation in connection with an arrest under section 54 of the Code of Criminal Procedure, 1898, a cognizable case is made out, such cases shall be shown in Part I and relevant entries shall be made in that part. The Crime Sheet in Part II shall be closed and cross-reference shall be given about the relevant case in Part I.
In all cases of arrest, recorded either in Part I or Part II, the following note shall be made in the Crime Sheet concerned, namely :-
(1) Against each arrest, a cross-reference to the General Diary entry.

(2) Relevant notes about complaints, if any, made by the accused and about any injury on his person.

(3) The personal property found on the person of the accused with a cross-reference to the entry in the Malkhana Register.

(4) Exhibits with a cross-reference to the entry in the Malkhana Register.

157. Petty Case Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A separate register for petty cases in West Bengal Form No. 4353 shall be maintained at each police station. It shall not be maintained at any outpost without the written authority of the Commissioner.
(b) Cases under the Calcutta Police Act, 1866 (Bengal Act IV of 1866), Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866), the Motor Vehicles Act, 1939 (IV of 1939), the Calcutta Hackney Carriage Act, 1919 (Bengal Act I of 1919), West Bengal Gambling and Prize Competitions Act, 1957 (W.B. Act XXXII of 1957), and other local Acts shall be entered in this register.

(c) The charge shall be recorded in English and the recording officer shall sign it. The signature of the informant or if he is illiterate his thumb impression shall be taken.

(d) The aerial numbers of the entries shall run annually.

(e) Each page of the register is in duplicate. One copy shall be submitted daily to the Subdivisional Assistant Commissioner who shall, after scrutiny, forward it to the Court Inspector. The results of all cases sent up for trial with West Bengal Form No. 4296 shall be entered on this copy by the Court Officer who shall also note on it the corresponding serial number of the Magistrate’s Petty Case Register, and return it direct to the police station where it shall be pasted in the register.

(f) Inspecting Officers shall check a considerable percentage of the cases to see whether the copies sent to the Court Officer have been returned with the serial number of the Magistrate’s register duly entered on them.

158. Motor Vehicles Accident Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A separate Register in West Bengal Form No. 403 (Q) (B.P. Form No. 34) shall be maintained in duplicate in bound books for all occurrences of collisions, breakdown and running down in which a motor vehicle is concerned.
(b) When such an occurrence is reported at a police station, an entry shall be made in this form [West Bengal Form No. 403(Q) (B.P. Form No. 34)] and the Report Centre, Traffic Police, Lallbazar, informed and asked over the telephone to take up enquiry. Preliminary steps in enquiry, however, shall in all cases involving traffic accident, be taken up by the Officer-in-charge of, or the senior police officer present at, the police station. The Investigating Officer of Traffic Police shall submit the entry in this form in original with the reports of his enquiry to the Assistant Commissioner, Traffic Police, the following morning. In important, or fatal cases, in addition to the Report Centre, Traffic Police, Lallbazar, the Assistant Commissioner, Traffic Police, shall also be informed over the telephone about the case. The Assistant Commissioner, Traffic Police, may, in his discretion, inform the Deputy Commissioner, Traffic Police, also about the case. A synopsis of the case with the results of the enquiry so far made shall be sent by the Assistant Commissioner, Traffic Police, through his Deputy Commissioner to the Commissioner the following morning.

(c) On completion of the enquiry the Assistant Commissioner, Traffic Police, shall put up the papers of serious and important cases with his remarks to the Deputy Commissioner, Traffic Police, for orders. If the Deputy Commissioner or Assistant Commissioner orders prosecution, a case shall be started. The first report shall be treated as the First Information and the form with the entry in original shall be filed with the special diary. If no prosecution is ordered, the report shall be returned with the final orders of the Deputy Commissioner or Assistant Commissioner to be filed with the counterfoil on which the orders shall be copied.

159. Beat Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) It is most necessary that Head Constables and Constables attached to a police station should have a good knowledge of their respective beats. To ensure this a Beat Register shall be maintained in each police station. It shall be divided into as many parts as there are beats. Against each beat shall be recorded the following information concerned in the beat, namely :-
(i) The streets, parks and squares,

(ii) The mosques, churches and temples,

(iii) The Government and Municipal Offices,

(iv) The Clubs, Theatres, Hotels, places of public amusements and of business, liquor shops and brothels,

(v) The Hospitals and important Dispensaries.

(vi) The Consulate Office.

(vii) The Colleges and large schools.

(viii) The Jute Mills and large manufactories.

(ix) The places where large number of labourers or seamen etc, reside.

(x) The places where annual religious ceremonies on a big scale take place, and the places where there has been communal trouble in the past or where there is likelihood of such trouble in the future, with special reference to the particular occasion of such trouble.

(xi) The places where labour troubles have taken place or where there is likelihood of such trouble in future.

(xii) The names and residences of doctors and licensed medical practitioners.

(xiii) The names and residences (if permanent) of important Government officials and leading non-official gentlemen.

(xiv) The names and residences of Magistrates including Honorary Magistrates.

(xv) The names and residences of important criminals.

(xvi) The taxi-cab and hackney carriage stands.

(xvii) The newspaper offices, English and Vernacular.

(xviii) The addresses at which there are telephones which can be used by the police in time of emergency.

(xix) Names and residences of receivers of stolen properties.

(xx) Names and residences of watch, cycle or musical instrument repairers.

(xxi) Names And residences of persons who are likely to help the police when needed.

(xxii) Motor car repairing shops.

(xxiii) Any other information that may be thought important by tho Officer-in-charge of police station.

(b) The Register which should be brought up to date in the beginning of the year shall be written in Hindi, Urdu, Bengali and English.

(c) It is duty of the Officer-in-charge and the Sergeant attached to the police station to see that the Register is studied by their Head Constables and Constables, who should also be encouraged to report changes.

160. Disposition Register. – (a.) A Disposition Register in West Bengal Form No. 4291 shall be maintained at each police station in which shall be noted –
(i) tho sanctioned force;

(ii) the names and number of officers and men;

(iii) the number and date of the district order or Commissioner’s order ordering the transfer to or from the police station.

(b) Every entry or alteration shall be initialled by the Officer-in-charge.

(c) Subdivisional Assistant Commissioners shall bring to the notice of Divisional Deputy Commissioners, officers and men who are due for periodical transfer.

161. Progress Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Each police station shall have a register in the form a diary to be dated one year in advance. A page shall be given to each day and shall contain columns with the following headings :-
(1) Serial number.

(2) Nature of document, summons, petitions, notice, warrant, etc.

(3) Officer to whom made over for action.

(4) His signature.

(5) Date of return to Court or Issuing authorities with number of entry in receipt register.

(6) Remarks.

All summonses, notices, warrants and court processes of all sorts in which a date has been fixed for the receipt of a report of any kind from the police in its connection shall immediately on their receipt be entered in this register under their appropriate date viz., the date fixed for the hearing. The document shall be made over to the Officer who has been selected to take action on it. Entries are to be made in this register either by the Officer-in-charge himself, or under his initials.
The register shall be consulted twice daily by the Officer-in-charge in the morning and in the evening, and he shall be responsible that every document reaches the court at least one day previous to the day fixed by the Magistrate for its return.
162. Receipts and Despatch Registers. – (a) In every police station registers in West Bengal Form Nos. 16 & 19 shall be kept respectively for all letters received and despatched.
These registers shall be written by an Assistant Sub-Inspector but the Officer-in-charge shall himself open, date and attend to the dak personally and then distribute the papers by noting his orders, to the various officers concerned. When a paper is made over to an officer, his name and the date shall be written against the entry in the ‘Remarks’ column.
(b) The register of letters received shall be divided into as many parts as required by the nature of the correspondence. The following parts shall be generally maintained, namely :-

Part I. – Departmental orders, i.e., correspondence received from the Commissioner, the Divisional Deputy Commissioners and Subdivisional Assistant Commissioners, other than enquiries and verifications.
Part II. – Enquiries and verifications. – (a) Pass Department, (b) Motor Vehicle Department, (c) Arms Act Department, (d) Passport Department, (e) Other Departments – A separate register for each department may be opened if the number is large.
Part III. – (a) Enquiry slips and requisitions for searches and arrests.
(b) Other miscellaneous enquiries.

(c) Such papers as are registered elsewhere shall not be entered in the receipt register.

(d) ‘N.R.’ shall be written against entries which require no reply.

(e) A list showing all papers which have been pending 7 days or more shall be compiled in each register. In Part I of the receipt register and in the despatch register the lists shall be compiled weekly. In the other parts of the receipt register the lists shall be compiled fortnightly.

(f) Pending lists shall be made out in the following manner –

2, 6,

20 Officer-in-charge

}

15

2nd Sub-Inspector

7

Deputy Commissioner of Police, Special Branch.

i.e.,
Officer with whom pending

8

Chief Presidency Magistrate

The numbers indicate the numbers of the entries in the receipt or despatch registers.
(g) The Officer-in-charge shall check the lists every week and pass orders for sending reminders, etc. Subdivisional Assistant Commissioners shall check them occasionally.

163. Lock-up Register and Lock-up pass. – (a) A Lock-up Register in West Bengal Form No. 4336 shall be maintained in the Central Lock-up, Lallbazar, at each of the divisional lock-ups, police section lock-ups and at those outposts where there are lock-ups.
The Lock-up Register of the Central Lock-up shall be checked up by the Assistant Commissioner, Headquarters Force, daily. Similarly, the divisional and police station lock-up registers shall be checked up by the Officer-in-charge of the divisional/thana lock-ups and shall be put daily to the Assistant Commissioner of the subdivision for his scrutiny.
(b) While sending a prisoner from one lock-up to another a lock-up pass in West Bengal Form No. 4269, duly filled in shall be sent.

164. Court Pending Case Register. – (a) A Court Pending Case Register in the prescribed from shall be kept at each police station in manuscript in the form of a forward diary.
(b) Cases shall be entered in it on the date on which the chalan is submitted. On receipt from court of the dates of hearing and of subsequent adjournments, the cases shall be shown under these different dates.

(c) It shall be the duty of the officers every evening to consult the register to take notes of the cases coming up the following day. They shall also make it a point to leave the police station in time for court and shall make a note to that effect in the register. The Officer-in-charge shall, however, be responsible for general supervision and reporting defects to the Subdivisional Assistant Commissioner.

(d) The diary shall be put up daily before the Officer-in-charge who shall initial it.

165. Registers and Files. – A list of the registers and files to be maintained in police stations is given in Appendix (See Appendix to Reg, 90 of Chapter IV – Privileges and General Instructions).
166. Death of convicts. – In order that the names of deceased convicts may be eliminated from the Court Conviction Register, the death of Ex-convicts shall be reported to the Chief Court Inspector, Presidency Courts, as early as possible after the death is known.
167. History Sheets. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) History sheets shall contain a short account of the life of the person to whom they relate, and all facts likely to have a bearing on his criminal history. They shall be opened for persons who are, or are likely to become, habitual criminals or the aiders or abettors of such criminals. The conviction of a person for heinous offence, such as robbery, dacoity, serious burglary or receiving stolen property, will ordinarily be sufficient to justify the opening of a history sheet, unless there be reason to believe that although convicted of one of these offences, the man is not a habitual criminal. For instance, a history sheet will not be opened for a man who though convicted of house breaking, is believed to have committed the offence in order to carry on an intrigue with a woman and not for the purpose of theft. On the other hand, if a person is suspected of being a receiver of stolen property, or of being concerned in systematic cattle theft, a history sheet shall be begun even if he has not been convicted. History sheets shall not be prepared for persons dealt with as first offenders under section 562 of the Code of Criminal Procedure, 1898 (Act V of 1898). Proceedings under section 110 of that Code, shall ordinarily not be taken until a history sheet established a case of bad livelihood. But if security has in any case been demanded from a person under section 109 or 110 of the Code of Criminal Procedure, 1898, before the preparation of a history sheet, such a sheet shall at once be opened.
(b) History sheets shall be consecutively numbered and kept together in a separate file as long as such persons are not brought under surveillance, with an index at the beginning.

(c) History sheets of men placed under surveillance shall be removed from main file of history sheets and kept in a separate file, with an alphabetical index at the beginning. This will serve the purposes of a surveillance register, and no other surveillance register shall be kept. When a man is removed from surveillance, his history sheet shall be detached from this file and placed at its original place in the main file. When a surveillee leaves the limits of one station and resides in another within or outside the State for over three months, his history sheet shall be sent to the station where he goes and this fact shall be noted against his name in the index. When the police station is in another State the history sheet shall be sent to the Deputy Commissioner or Superintendent of Police concerned in that State. The Officer-in-charge of the new station shall acknowledge receipt of the history sheet and continue to treat the surveillee as a surveillee of his own police station until he goes back to his former residence, when his history sheet shall be returned.

168. Periodical Statement. – (a) A list of the periodical statements to be submitted from police stations is given in Appendix…….
(b) No other periodical statements shall be submitted or called for without the previous sanction of the Commissioner.

(c) No occasional statement submitted under orders of the Deputy Commissioners for particular purposes shall be repeated without the sanction of the Commissioner.

169. Lalkitab. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A Statistical Register called “The Lalkitab” shall be maintained at each police station in West Bengal Form Nos. 4305 to 4309. The statistics shall be compiled from the station records at the end of each quarters. The Officer-in-charge shall be personally responsible for the correctness of the figures and shall sign the statements.
(b) One copy of the statistics shall be forwarded by the Officer-in-charge to the Subdivisional Assistant Commissioner not later than the 7th day of the first month of each quarter. The Subdivisional Assistant Commissioner shall compile the statistics for his subdivision from the figures supplied by the police stations and submit them to the Divisional Deputy Commissioner not later than the 15th day of the month.

He shall attach with them a report discussing the state of crime and the reasons for any increase, and give a special note on each important case.
(c) The Special Branch and the Detective Department shall compile their own statement even though the cases have been registered at police stations.

(d) The Divisional. Deputy Commissioner shall forward the statistics for his division arid the reports of his Subdivisipnal Assistant Commissioners with his comments on them to the Deputy Commissioner, Detective. Department. The Officer-in-charge of the Central Malkhana shall then prepare a return for the whole of Calcutta, under the supervision of the Deputy Commissioner, Detective Department, who shall submit it to the Commissioner.

170. Cash Account. – (a) A cash account in duplicate shall be kept at each police station in West Bengal Form No. 5381. All sums received at the police station (except cash received from the person of an accused), viz., pay of the staff received from the Deputy Commissioner’s office, recoveries on account of distress warrants, cash stolen and recovered, the sale proceeds of impounded cattle or intestate property and cash received from any other source whatsoever shall be entered in the cash account.
Note. – Cash received from the person of accused shall be entered in the related Malkhana Register.

(b) Entries shall be made by the Officer-in-charge or when he is absent on duty by the officer temporarily in charge. But the Officer-in-charge shall be held responsible for the omission of any sum and for the correctness of the accounts.

(c) Cash shall not be kept in hand unnecessarily. If any sum has remained in hand for more than 2 months the Officer-in-charge shall explain the reason for the delay fully when submitting the monthly cash account to the Deputy Commissioner.

(d) Payments made on account of pay and allowances shall not be shown individually when more than one person is paid. The total disbursements under this head shall be put in one entry at the end of the day and a reference to the relevant page numbers in the pay book given in the last column of the form.

(e) Each day at a fixed time a balance shall be struck and in addition the balances in both the main Malkhana Register and the Petty Case Malkhana Register shall be separately shown in the cash account.

(f) A receipt cheque in West Bengal Form No. 39 shall be given to any person who brings money to the police station and therefore each item of receipt must be supported by the duplicate of the receipt cheque, the number of which shall be entered in column 2.

(g) All receipt vouchers shall be numbered in a monthly series and kept in monthly bundles in order of date. The monthly serial number of the relevant receipt vouchers shall be entered against each payment in the cash account.

(h) Receipt cheques and vouchers shall be preserved for three years.

(i) All recoveries on account of distress warrants shall be forwarded either to the Court Inspector or to the Calcutta Police Directorate, Lallbazar, as the case may be. All other money including the undisbursed pay of the staff shall be sent to the office of the Divisional Deputy Commissioner.

(j) At the close of the month, the original form shall be sent through the Subdivisional Assistant Commissioner to the Divisional Deputy Commissioner.

171. Permanent Advance Register. – (a) A Permanent Advance Register shall be maintained at each police station in West Bengal Form No. 4332 which shall show a complete account of all contingent expenditure incurred out of the permanent advance.
(b) Only contingent expenses shall be paid for from the permanent advance.

(c) The permanent advance shall remain in the custody of the Officer-in-charge who shall be personally responsible for it. He shall himself make payments and the entries in the Register shall be made under his personal supervision and responsibility.

(d) When the charge of a police station is transferred, the relieving officer shall satisfy himself that the vouchers for all payments remaining unrecouped are in order and shall acknowledge in the chargesheet the full advance in cash and vouchers.

CHAPTER VI

Courts

I. – COURTS – PROSECUTING STAFF AND GENERAL DUTIES OF COURT POLICE OFFICERS

1. Courts. – (a) There are four divisions of courts in the town and suburbs of Calcutta for the trial of Calcutta Police Cases, namely, (i) the North Divisions Presidency Courts, (ii) the South Division Presidency Courts, (iii) the North Suburban Courts at Sealdah and (iv) the South Suburban Courts at Alipore.
(b) The cases of the police stations of Shampukur, Jorabagan, Burtala, Burra Bazar, Jorasanko and Amherst Street shall ordinarily be placed before the Additional Chief Presidency Magistrate for trial in the North Division Presidency Courts. The cases of the police stations of Hare Street, Bowbazar, Muchipara, Taltala, Park Street, Hastings and of police cases arising within the limits of the port of Calcutta and of any navigable river or channel leading thereto shall ordinarily be placed before the Chief Presidency Magistrate in the South Division Presidency Court. The cases of the police stations of Cossipore, Chitpore, Maniktala, Belliaghata, Entally and Beniapukur shall be placed before the Police Magistrate of the North Suburban Courts at Sealdah and the cases of the police stations of Ballygunj, Bhowanipore, Tollygunj, Alipore, New Alipore, Karaya, Ekbalpore, Garden Reach and Watgunj shall be placed before the Police Magistrate in the South Suburban Court at Alipore.

(c) The distribution of cases and other work in the Presidency Courts is under the administrative control of the Chief Presidency Magistrate, Calcutta, and of those in the Police Courts at Sealdah and Alipore is under the administrative control of the District Magistrate, 24-Parganas or Additional District Magistrate, 24-Parganas.

(d) Cases against juvenile offenders other than those jointly tried with adults shall be placed before the Court for the Juvenile Offenders known as Central Children Courts, Calcutta, which sits in the House of Detention.

2. Prosecuting and other staff. – The following shall be the arrangements for the prosecution of police cases :-
(a) A Senior Police Prosecutor is in charge of prosecution on behalf of Police in each of the four Divisional Courts mentioned in regulation 1. He is responsible for conducting cases in the different courts after receipt of chalans, and is assisted in the work of prosecution by a number of Police Prosecutors. The Senior Police Prosecutor will allot the cases among the other Police Prosecutors. In doing so, he will take into account the cases that are pending with the Police Prosecutors at the time of such allotment. He will also bear in mind the principle that the services of Police Prosecutors may not be requisitioned by more than one court at one time.

(b) In addition of the above Prosecuting Officers, there shall be Court Police Officers in charge of an Inspector or a Sub-Inspector in each division. He is responsible for remands and other administrative matters, and is assisted in his work by Assistant Sub-Inspectors and also by Sergeants in Presidency Magistrates’ Courts. He shall also give such assistance to the Police Prosecutors as may be required by them from time to time for the proper discharge of their duties.

(c) The Public Prosecutor, Calcutta, shall conduct in the Presidency Magistrates’ Courts the prosecution of cases triable in the Courts of Session and of such other important cases as the Commissioner may require (vide r. l(a), Chap. II, L.R.’s. Manual).

(d) If the services of the Public Prosecutor, 24-Parganas, are needed for the prosecution of cases in the Suburban Courts, the Deputy Commissioner concerned shall move the Additional District Magistrate, 24-Parganas, for engagement of the Public Prosecutor or of another lawyer on the panel of public prosecutors if the Public Prosecutor himself is not available.

Note. – (1) The Inspector in charge of Police duties in the Chief Presidency Magistrate’s Court shall be styled the Chief Court Inspector.

(2) The Public Prosecutor, or the Additional Public Prosecutor, 24-Parganas, shall ordinarily conduct the prosecution of cases in the Courts of Session at Alipore. But if his services are not available any lawyer on the panel of public prosecutor as may be selected by the District Magistrate, 24-Parganas, shall conduct such cases.

(3) In the High Court the Standing Counsel will prosecute cases of a political nature and those in which a capital sentence may be passed. The Junior Standing Counsel or such other lawyer as the Legal Remembrancer may appoint will conduct the less important cases.

(4) Prosecution of cases in the City Sessions Court, Calcutta, shall be conducted by such lawyers as the Legal Remembrancer may appoint from time to time.

3. Appointment and duties of Police Prosecutors. – (a) The Police Prosecutors are Gazetted Officers appointed by the Government from amongst practising lawyers solely for the purpose of prosecution of Calcutta Police Cases before the Presidency Magistrates and Police Magistrates at Sealdah and Alipore.
(b) They shall work under the supervision of the Deputy Commissioner, Detective Department, who has been authorised by the Commissioner in this behalf and shall be subject to the immediate control of that officer.

(c) Before submitting chalans in complicated cases the Investigating Officers will consult the Senior Police Prosecutor as regards remedying any defect in them.

(d) In cases of acquittal or discharge the police prosecutors shall submit to the Deputy Commissioner concerned a copy of the judgment and a brief note giving the reasons for the acquittal or discharge and their recommendations, if any, for further action.

(e) They shall maintain a book showing the number and result of cases prosecuted by them.

(f) They shall see that witnesses are properly summoned and that action is taken against those who do not attend.

(g) They shall not leave prosecution of police cases in the hands of the legal practitioners engaged by private persons without the express sanction of the Deputy Commissioner of the Division in charge or the Deputy Commissioner of Police, Detective Department. They, shall not, however, render any assistance without express permission of the Deputy Commissioner of the Division in question or the Deputy Commissioner of Police, Detective Department, to any legal practitioner engaged by a private person.

4. Public Prosecutors in important cases. – In important cases the services of the Public Prosecutor shall be requisitioned from the commencement of the case in the lower court.
5. Statutory powers of Police Prosecutors. – By virtue of notification No. 4960PL, dated 1.12.55, issued by the West Bengal Government every Police Prosecutor who has been appointed to prosecute Police cases before the Presidency Magistrates and Police Magistrates at Sealdah and Alipore has been appointed to be a Public Prosecutor generally for such cases in such courts.
6. Duties of Chief Court Inspector/Court Inspector/Court Sub-Inspector. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Chief Court Inspector/ Court Inspector/Court Sub-Inspector in charge of the South Division Presidency Courts, the North Division Presidency Courts, the North Suburban Courts at Sealdah and the South Suburban Courts at Alipore, shall be in charge of the administrative side of police work in respective courts. They shall be responsible for the receipt, safe-custody and despatch of prisoners to and from the court. They shall also be responsible for keeping all relevant records of the court and shall be in charge of the Malkhana where one such exists. The Court Inspectors shall be in charge of remand matters. They shall also be responsible for the maintenance of the discipline of the Police Staff under them. They shall also lend full co-operation to the Police Prosecutors of respective courts.
7. Duties of the Sergeants in Presidency Court. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Sergeants on duty at the Presidency Courts shall work under the general control of the Chief Court Inspector. The Senior Sergeant shall be responsible for the temporary relief of Sergeants, and for bringing to the notice of the Chief Court Inspector any important matter that may require his orders.
(b) One or more Sergeants shall be deputed daily to escort prisoners to and from the jails. The escorting Sergeant shall be responsible for seeing that the Police Officer-in-charge of the lock-up enters in the lock-up register all the prisoners brought from the jail, and he shall sign the lock-up register beneath the entries. He shall, similarly, sign, for the prisoners received by him from the lock-up at the close of the day both the lock-up register and the register maintained in West Bengal Form No. 3831, and shall be responsible for obtaining the signature of the jailor in the latter book for all prisoners escorted by him from the court to the jail.

(c) The Sergeants are responsible for maintaining order and silence in the court rooms and the adjacent corridors and they shall not allow the public within the enclosure set apart for lawyers.

(d) They shall not be absent from duty for lunch for more than one hour without the permission of the Chief Court Inspector. The Sergeant attached to the Additional Chief Presidency Magistrate’s court shall report himself to the Chief Court Inspector before going to lunch and on his return.

(e) They shall not leave the court precincts in the evening without the permission of the Chief Court Inspector.

(f) They shall escort Division I prisoners, and all turbulent prisoners irrespective of class, from the lock-up to the court rooms and back.

8. Use of law books, etc. by Court officers. – The Court Police Officers and Police Prosecutors of the Calcutta Courts shall have the use of the law books, law reports and Calcutta Gazettes in the library of the Public Prosecutor, Calcutta, and such books, reports and gazettes may be issued to them from the library on their requisition. Similarly, the Court Police Officers and the Police Prosecutors of Alipore will be served from the library of the District Magistrate, 24-Parganas, and the Court Police Officers and Police Prosecutors of Seladah from the library of the Police Magistrate, Sealdah.
9. Applications to trying Magistrates. – Applications (other than those of an unimportant or routine nature) made to the Magistrates by the prosecuting officers in the course of a trial shall be in writing.
10. Court Officers to report convicts suitable for interviews. – If a Court Police Officer or a Police Prosecutor has reason to think, either from his demeanour in court or for any other reason, that a convict could be interviewed with advantage, it is his duty to inform the Deputy Commissioner, Detective Department.
11. Duties of Court Assistant Sub-Inspectors. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Assistant Sub-Inspectors shall write all Registers except those relating to P. R. and Malkhana work but if permitted by the Divisional Deputy Commissioner there will be no objection to their dealing with the P. R, work. The daily under-trial case reports shall, however, be scrutinized and signed by the senior Court Inspector or Sub-Inspector.
12. Court Constables. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A constable shall be deputed for each Court where Police cases are being tried.
13. Assistance to be given to the Prosecutor. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Investigating Officer shall, if required, assist the Public Prosecutor in a Sessions case and such other cases which are conducted by the Public Prosecutor.
14. Assumption of charge by Court Police Officers. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The rules regarding making and taking over charges of office shall be carefully observed by Court Inspectors and Sub-Inspectors. They shall be careful to furnish the officer relieved with a receipt for all Government property in the Magistrate’s malkhana. Full details, respecting each item shall be given. The relieving officer shall be held responsible for any deficiency discovered after he has taken over charge.
II. – Institution, Preparation And Prosecution Of Cases

15. Prosecution instituted by Public Officers. – The following procedure shall be followed when prosecutions are instituted by Public Officers :
(a) When the charge is of a cognizable offence the prosecution shall ordinarily be conducted by the Police Prosecutor.

(b) When the charge is of an offence which is non-cognizable or though cognizable calls for special arrangements, the officer who prefers complaint,

(i) If a police officer, shall get instructions from the Deputy Commissioner, who may, if he thinks fit, either instruct the Senior Police Prosecutor to prosecute or if the case is of a complicated or difficult nature, rendering in his opinion the employment of the Public Prosecutor or some other legal practitioner necessary for the proper prosecution, request, in Calcutta cases the Public Prosectutor to conduct the case and in the Subarban Courts, the District Magistrate, 24-Parganas, to engage the services of the Public Prosecutor or some other experienced legal practitioner to prosecute the case;

(ii) if a Public Officer other than a Police Officer, the Departmental Head of the said Public Officer may request the Commissioner for instructing the Police Prosecutor to conduct the prosecution or for moving the Legal Remembrancer for engaging a Public Prosecutor or an experienced lawyer.

16. Institution of cases under the Excise and Opium Acts. – (a) When cases under the Bengal Excise Act, 1909 (Bengal Act V of 1909), and the Opium Act, 1878 (Act I of 1878), are sent up by the Police, the Court Inspector or Sub-Inspector shall at once inform the Collector of Excise or the Superintendent of Excise so that the Excise Department may, if they choose, watch the case. The prosecution of such cases shall be conducted by the Police Prosecutors, but the Excise prosecuting officers may see the papers of the case if the Collector of Excise or the Superintendent of Excise so desires.
(b) The cases sent up by the Excise Department shall be prosecuted by officers of that Department. Such cases shall be prosecuted by the police only if the Magistrate of the Division as referred to in Reg. 1 or the Collector or the Superintendent of Excise so desires.

17. Prosecution of gang cases. – The prosecution of gang cases both in a Magistrate’s Court and in a Court of Session will be placed in the hands of the Public Prosecutor or such other lawyer as the L.R. may appoint for the purpose.
18. Prosecution of cases under section 109, Cr. PC. – The Police Prosecutor on receipt of an accused person arrested under section 55 of the Code of Criminal Procedure, 1898 (Act V of 1898), in order that proceedings under section 109, may be drawn up shall, if the immediate drawing up of proceedings is contemplated, produce the prisoner before the Magistrate with the requisite witnesses, and the Magistrate shall be moved to draw up proceedings at once and to take the necessary evidence. If for any exceptional reason further enquiry is considered desirable before proceedings are drawn up either for the purpose of verifying the prisoner’s antecedents, collecting further evidence or otherwise, the Magistrate shall be moved to grant a remand under section 167 of the Code of Criminal Procedure, 1898 (Act V of 1898). 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 sub-section (1) of section 167, and witnesses need not be sent unless the Magistrate particularly wishes to examine them. It is to be observed that the prisoner can only be retained in custody in default of bail for a total period of 15 days under section 167 of the Code of Criminal Procedure, 1898 (Act V of 1898), before the actual drawing up of proceedings under section 109. If subsequent remands are necessary the Magistrate should be moved under section. 344 of the Code of Criminal Procedure, 1898 (Act V of 1898). In case a prisoner is remanded to jail custody without drawing up any proceedings and without any specific charge, section 109 of the Code of Criminal Procedure, 1898 (Act V of 1898), should be noted in the jail warrant. It shall be the duty of the Police Prosecutor to see that there is no delay in producing the evidence required to prove identity and the character and antecedents of the accused persons, etc., together with the evidence to prove that it is necessary for maintaining good behaviour that the persons should be bound down.
19. Prosecution of cases under section 110, Cr. PC. – (a) In the report for proceedings under section 110 of the Code of Criminal Procedure, 1898, no more should be stated than it is proposed to endeavour to prove. Before the enquiry is held a note shall be prepared, for the use of the Police Prosecutor, of the evidence obtainable from records and to be given by each witness and this evidence shall be grouped, so far as circumstances permit, according as it relates to prevalence of crime, suspicion in particular cases, movements under surveillance, association, free living without apparent means of livelihood, general repute, or any other facts it is proposed to prove.
(b) In the case of bad livelihood proceedings against gangs, it is essential that the evidence should not only be generally arranged in the manner described above, but it should also he clearly stated and briefed as against each individual accused.

(c) When the enquiry is held the court shall he informed 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 evidence in justification of the institution of the proceedings. The police station records should be produced, and the evidence available from them described, followed by any facts ascertained in the course of enquiry to which the Investigating Officer can depose. Other witness should then be examined, preferably in groups corresponding to the sequence of the events.

20. Sureties in bad livelihood cases. – (a) In proceedings under sections 109 and 110 of the Code of Criminal Procedure, 1898, the Police Prosecutor shall put in written applications to the Court, as soon as the order to give security is passed, not to accept the sureties offered without first affording him an opportunity of objecting, if necessary, to any of such sureties, and of producing evidence, if required, in support of the objection.
(b) The fitness or unfitness of a surety is a matter for the Magistrate’s discretion, and such discretion is not limited to any particular bind of unfitness.

21. Complaints against police officers or any other Government servant in police office. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Court Inspector or Sub-Inspector shall report to the appropriate Deputy Commissioner through the Assistant Commissioner whenever a complaint of an offence cognizable or non-cognizable is made against a police officer or any other Government servant in a police office or when any police officer or such other Government servant is implicated in any criminal proceeding.
22. Procedure in false cases. – (a) On receipt of a complaint that a false case was instituted, a Police Prosecutor shall move the Magistrate to give the complainant of the original case alleged to have been false an opportunity of proving the truth of his case. Where the Magistrate has decided to issue process for an offence punishable either under section 182 or under section 211 of the Indian Penal Code (Act XLV of 1860), the original case shall be entered at once in the general register as “false”, and the Police Prosecutor shall put up the general register to the Magistrate for orders. If on the trial of the complainant his case is found to be true, the Police Prosecutor shall put up the general register to the Magistrate for correction. In cases instituted before a Magistrate and referred to the Police for investigation, the complainant’s prosecution, either under section 182 or section 211 of the Indian Penal Code, shall be based on a complaint in writing by the Magistrate concerned under the provisions of clause (a) of sub-section (1) of section 193 or of section 476 of the Code of Criminal Procedure, 1898, 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 (Act XLV of 1860) after he has filed a “Naraji” petition to a Magistrate, the Police Prosecutor shall move the Magistrate concerned to make a complaint under section 476 of the Code of Criminal Procedure, 1898, before a process is issued against him.
(b) The result of the application for sanction to prosecute and of the trial, if prosecution be sanctioned, shall be communicated by the Court Inspector or Sub-Inspector to the officer-in-charge of the police station concerned.

23. Procedure when base insinuations or false allegations are made against police officers in the witnesses box. – Whenever any question containing base insinuations or false allegations is put by a defence pleader to a police officer in the witness box, the latter shall at once appeal to the Court for the source of the insinuation or allegation to be disclosed, so that he may be in a position to start a defamation case against the person making it.
Public Prosecutors and Police Prosecutors shall also file petitions to this effect, and have them placed on the record of the case in order that an appellate court may be made aware that the insinuation or allegation has been challenged.
24. Production of special diaries. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Every page of the special diaries and any connected papers received with them shall be stamped with the date immediately on receipt in the Court Police Office.
(b) Care shall be taken that special diaries called for by the Court under section 172 of the Code of Criminal Procedure, 1898, but not put in as evidence are not attached to the record, and that they are returned by the Court when no longer required. Mutatis mutandis, the same instructions shall apply to reports of a confidential nature, not ; dmitted in evidence, the publication of which is obviously undesirable.

25. Action to be taken on disposal of cases. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) On the disposal of a case the prosecuting officer (or if it was disposed of in a Court of Session, the Investigating Officer) shall note the result of the case on the special diaries and make over the docket to the Court Inspector or Sub-Inspector.
(b) In all cases one copy of West Bengal Form No. 4428 together with the special diaries and connected papers shall be sent to the Subdivisional Assistant Commissioner concerned.

(c) The result of all cases which concern the Criminal Record Office shall be communicated to that office in West Bengal Form No. 4428.

(d) The result of cases in which the dealer, owner, driver or conductor of a motor vehicle has been accused under the Motor Vehicles Act, 1939, or under sections 279, 304A, 304 or 336, 337 & 338 of the Indian Penal Code (Act XLV of 1860), shall be communicated to the Director of Public Vehicles Department in West Bengal Form No. 4596.

(e) If a case, in which the finger print slips of the accused are to be taken for permanent records, ends in conviction, a conviction slip in West Bengal Form No. 4278 shall be sent to the Assistant Commissioner, Detective Department.

(f) If a case ends in acquittal a copy of the judgment shall be sent with the special diaries and West Bengal Form No. 4428 to the Subdivisional Assistant Commissioner concerned.

(g) If a case under the Bengal Excise Act, 1909 (Bengal Act V of 1909) or under the Opium Act, 1878 (Act I of 1878), sent up by the Police ends in conviction, one copy of West Bengal Form No. 4428 shall be sent to the Collector or Superintendent of Excise.

26. Preparation of cases. – (a) On receipt of a chalan and special diaries the Police Prosecutor prosecuting the case shall study them and if he finds any defects or omissions in the investigation, he shall at once issue a memorandum to the Investigating Officer requesting him to remedy the defects and supply the additional information or evidence that is required. He shall at the same time send a copy of this memorandum to the Subdivisional Assistant Commissioner.
(b) If he receives the docket of a case with no finger print slip and the case is one in which the finger print slip should have been sent for search, he shall inform the Investigating Officer through the Subdivisional Assistant Commissioner, and himself arrange to send through the Court Police Officer finger print slips in duplicate for search to the Bureau concerned.

(c) The Police Prosecutor shall prepare his own brief of a case which he shall keep in his personal custody for inspection by Police Officers of the Division or the Department to which the case may belong.

27. Acquittals in lower courts. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When a case ends in acquittal in a Lower Court, copy of the judgment shall be sent with the final memo. (West Bengal Form No. 4428) and the special diaries to the Subdivisional Assistant Commissioner who shall put them up to tho Divisional Deputy Commissioner with his remarks. The Deputy Commissioner shall compare the judgment with the evidence disclosed by the police investigation in the special diaries. If he is of opinion that there has been a miscarriage of justice, it will be necessary to obtain from the Court Inspector or Sub-Inspector a copy of depositions of witnesses. If these depositions substantiate his first opinion he shall place the papers before the Commissioner with the request that the Legal Remembrancer be moved to file am appeal.
(b) If a discrepancy between the statements of witnesses obtained during investigation and those made in court is found, the Deputy Commissioner shall examine the investigating and prosecuting officers personally to determine the cause of the discrepancy and to decide whether the police are to blame or not.

(c) As all the papers must reach the Legal Remembrancer not later than one month after the date of acquittal it is essential that there should be no unnecessary delay on the part of officers in dealing with cases of acquittal.

28. Procedure to be followed when a Government servant is summoned by a Court to produce official documents for the purpose of giving evidence. – (a) The law relating to the production of unpublished official records as evidence in Courts is contained in sections 123, 124 & 162 of the Indian Evidence Act, 1872 (Act I of 1872).
(b) For the purposes of section 123 above, the expression “officer at the head of the department concerned” may be held to mean the officer who is in control of the department and in whose charge records of the department remain. Ordinarily, such an officer would be the Secretary to the State Government in the case of the State Government and the Secretary, Additional Secretary or Joint Secretary in charge of the Ministry in the case of the Government of India. But in case of attached offices like Directorates, the Director-General may be regarded as “the head of the Department” for the purposes of this section. Only such an officer should be treated as the authority to withhold or give the necessary permission for the production of official documents in evidence.

(c) When an officer receives 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 give evidence derived from such a document he should immediately inform the head of his office forwarding the summons with any statement by the Court of the circumstances which render the production of the document necessary, specifying the case in which the production is required.

(d) In respect of documents (1) emanating from a higher authority, that is to say – the Government of India, or the State Government, or which have formed the subject of correspondence with such higher authority, or

(2) emanating from other Governments, whether foreign or members of the Commonwealth, the head of the department should obtain the consent of the Government of India or of the State Government, as the case may be, through the official channels before giving permission to produce the documents in court or giving evidence based on them unless the papers are intended for publication, or are of a purely formal or routine nature, when a reference to higher authority, may be dispensed with.
(e) In the case of documents other than those specified in clause (d), production of documents should be withheld only when the public interest would by their disclosure be injured, as where disclosure would be injurious to national defence, or to good diplomatic relations or where the practice of keeping a class a documents secret is necessary for the proper functioning of the public service.

Note. – Some High Courts have pointed out the circumstances under which no such privilege should be claimed, e.g., privilege is not to be claimed on the mere ground that the documents are State documents or are official or are marked confidential or, if produced, would result in Parliamentary discussion or public criticism or would expose want of efficiency in the administration or would tend to lay a particular department of Government open to a claim for compensation. The mere fact that the head of the department does not wish the documents to be produced is not an adequate justification for objecting to their production. The High Courts have also observed that refusal to produce documents relating to affairs of State implies that their production will be prejudicial to public interest. Consequently, the reasons therefor should be given in an affidavit in Form I at the appropriate place.

(f) In a case of doubt the head of the department should invariably refer to higher authority for orders.

(g) These instructions apply equally to cases in which Government is a party to the suit. In such cases, much will depend on the 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 higher authority made, when necessary.

(h) The Government servant who is to attend a Court as a witness with official documents should, where permission under section 123 has been withheld, be given an affidavit in Form No. I duly signed by the head of the department in the accompanying form. He should produce it when he is called upon to give his evidence, and should explain that he is not at liberty to produce the documents before the Court, or to give any evidence derived from them. He should, however, take with him the papers which he has been summoned to produce.

(i) The Government servant who is summoned to produce official documents in respect of which privilege under section 124 has to be claimed, will make an affidavit in the accompanying Form No. II. When he is not attending the Court himself to give evidence, he shall have it sent to the Court along with the documents. The person through whom the documents are sent to Court should submit the affidavit to the Court when called upon to produce the documents. He should take with him the documents which he has been called upon to produce but should not hand them over to the Court unless the Court directs him to do so. They should not be shown to the opposite party.

(j) The head of the department should abstain from entering into correspondence with the presiding officer of the 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 personally, or arrange for the appearance of another officer in the Court concerned, with the documents, and act as indicated in clause (h) above, and produce the necessary affidavit if he claims privilege.

FORM OF AFFIDAVIT NO. I

IN THE COURT OF
Suit No…………………..of 19.
I,………………………………………………………………..Secretary/Additional Secretary/ Joint Secretary to the Government of India in the Ministry of…………………New Delhi, do hereby solemnly affirm and state as follows :-
A summons bearing No…………………dated……………………….issued by the Court of……………………………………………………………………………in suit No of 195 (. vs. ……………………………), has been received in the Ministry of ………………….., on………………195 , requiring production in the said Court on………………195 , of documents stated below. I, as the Head of the Department or Ministry of………………………………………..am in control of, and in charge of, its records. I have carefully considered the relevant documents and have come to the conclusion that they are unpublished official records relating to affairs of State and their disclosure will be prejudicial to public interest for the following reasons :
List of Documents Summoned

I do not, therefore, give permission to anyone under section 123 of the Indian Evidence Act, 1872, to produce the said documents or to give any evidence derived therefrom.
Solemnly affirmed at New Delhi, etc., this…………………………..day of……………….196.
Secretary/Additional
Secretary/Joint Secretary.

In the MINISTRY of

Sworn before me.
FORM OF AFFIDAVIT No. II

IN THE COURT OF
Suit No………..of 19

I ……………………………………………………………………………………;……………………. do hereby solemnly affirm and state as follows :-
A summons bearing No………………. dated…………………. issued by the Court of………………….. in suit No……………..of 195 (…………………………. vs…………………………..) has been served on me on…………………………….. 195, requiring production in the said Court on……………………………195 , of the documents stated below. I have carefully considered them and have come to the conclusion that they contain communications made in official confidence and I consider that the public interest would suffer by their disclosure for the following reasons :-
List of Documents Summoned

I, therefore, claim privilege under section 124 of the Indian Evidence Act, 1872.
Solemnly affirmed at New Delhi, etc., this……………………..day of………………….195
Secretary/Additional
Secretary/Joint Secretary.

In the MINISTRY of
or in the Department of

Sworn before me.
* Here insert the name, designation and address of the person making the affidavit.
29. Copies of statements. – After forwarding a chalan under section 173, Code of Criminal Procedure, 1898, the Officer-in-charge of the police station shall, before the commencement of the enquiry or trial, furnish or cause to be furnished to the accused, free of cost, a copy of the chalan forwarded under sub-section (1) of section 173, Code of Criminal Procedure, 1898, and of the First Information Report recorded under section 154, Code of Criminal Procedure, 1898, and of all other documents or relevant extracts thereof, on which the prosecution proposes to rely, including the statements and confessions, if any, recorded under section 164 and the statements recorded under sub-section (3) of section 161, Code of Criminal Procedure, 1898, of all the persons whom the prosecution proposes to examine as its witnesses:
Provided that if the police officer is of opinion that any part of any statement recorded under sub-section (3) of section 161, Code of Criminal Procedure, 1898, is not relevant to the subject-matter of the enquiry or trial or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interests, he shall exclude such part from the copy of the statement furnished to the accused and in such a case, he shall make a report to the Magistrate stating his reasons for excluding such part.
30. Court Inspector or Sub-Inspector’s responsibility in connection with records. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – As soon as the police papers of a case are laid on the trying Magistrate’s table, the Court Inspector or Sub-Inspector’s responsibility with regard to them ceases. He has no concern with the custody of the judicial records of cases or with the Record Office. He shall not retain in his possession the records of a case under-trial unless otherwise ordered in writing by the trying Magistrate. If he subsequently requires a copy of any portion of the records he will make an application to the trying Magistrate for permission to take the copy in the presence of a responsible official of the court.
31. Police Prosecutor responsible for orders under section 106, Code of Criminal Procedure. – Section 106 of the Code of Criminal Procedure, 1898, details the offences on conviction for which an order for security to keep the peace may be passed. Police Prosecutors shall see that in all cases of riot arising from a dispute about land, and in all cases in which the cause of friction is likely to recur, an application is made to the Magistrate for an order under section 106 of the Code of Criminal Procedure, 1898, binding down the persons convicted.
32. Police Prosecutor responsible for order under section 565, Criminal Procedure Code. – The Police Prosecutor shall ordinarily move the Court for an order under section 565 of the Code of Criminal Procedure, 1898, in the cases of offenders who have been previously convicted of offences under sections 215, 489A, 489B, 489C and 489D of the Indian Penal Code (Act XLV of 1860) or under Chapters XII and XVII of that Code, punishable with imprisonment for three years or upwards.
33. Method of proving previous convictions traced in cases. – (a) If, on the return of the search slip from the Finger Print Bureau, it is found that previous convictions have been traced against the accused, the Investigating Officer shall be immediately informed and the Police Prosecutor shall take steps, where necessary to prove the previous convictions according to the provisions of section 511 of the Code of Criminal Procedure, 1898.
(b) In the case of a person who has been previously convicted more than once, it will generally suffice to prove the last conviction only, provided that the former convictions were proved in that case and are mentioned in the judgment.

34. Method of proving identity of accused with previous conviction. – The identity of the accused with a previous conviction 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 imprisonment; but if such witnesses cannot be obtained, identity may be proved under sections 45 & 73 of the Indian Evidence Act, 1872, by means of expert evidence, for which purpose the record slip must be obtained from the bureau by which the accused was traced, and services of an “expert” requisitioned from the Detective Department.
35. Result of cases against ex-reformatory school boys. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Court Inspector or Sub-Inspector shall report to the Deputy Commissioner concerned the result of cases in which ex-reformatory school boys are concerned, and the Deputy Commissioner shall inform the authorities of the Reformatory School.
Note. – “Reformatory school boys” include “Borstal school boys”.

36. Despatch of verification rolls. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Court Inspector or Sub-Inspector shall despatch to the Court Officer of the 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 his antecedents arc likely to be known, a verification statement in West Bengal Form No. 5262 (B.P. Form No. 89). The statement shall be sent direct unless the officer from whom the information is required belongs to another State in which case the statement shall be sent through the Deputy Commissioner of Police, Detective Department.
37. Written application to be submitted for committing cases to Sessions. – In cases in which an accused person is sent up with several previous convictions under Chapters XII and XVII of the Indian Penal Code, the Police Prosecutor will, if the lower court is incompetent to inflict adequate punishment, submit a written application to the court, requesting the Magistrate to commit the case to the Court of Session.
38. Previous offence suspected. – Whenever there is good reason to suspect that a person accused of an offence under Chapter XII or XVII of the Indian Penal Code, for which, on reconviction, an enhanced punishment may be awarded under section 75, Indian Penal Code (Act XLV of 1860), has been previously convicted, or when the name, residence and antecedents of a person so accused are unverified, an application for remand shall be made (in West Bengal Form No. 5261) by the Police Prosecutor pending the result of the inquiry into the prisoner’s antecedents. This application will remain with the record.
39. Tender of pardon to the approver. – If on a consideration of the facts and circumstances elicited from the Police verification of a confession supplemented by a Magisterial verification, if any, it appears that the evidence of the confessing accused is necessary, the Police Prosecutor with the permission of the Deputy Commissioner concerned shall move an application to the Magistrate asking him to tender pardon to the accused under sub-section (1) of section 337 of the Code of Criminal Procedure, 1898 and to examine him as a prosecution witness.
40. Appeals to High Court and to Court of Session. – (a) When in a case of any of the police stations of the suburbs of the town of Calcutta an appeal is preferred to the High Court against the orders of a Sessions Judge in a serious case, the Deputy Commissioner concerned shall, on receipt of notice of the appeal from the District Magistrate, inform him of any particularly important facts connected with the case that should be brought to the notice of the Legal Remembrancer, and whether the latter should be asked to enter appearance for the State even though the appellant is unrepresented. He shall also consider, in consultation with the District Magistrate, the propriety of deputing the Investigating Officer or the Public Prosecutor personally to instruct the counsel representing the State in the High Court.
(b) Unless otherwise instructed by the District Magistrate, the Public Prosecutor shall appear in all appeals before the Sessions Judge in which the appellant is represented by a Pleader or counsel. The Deputy Commissioner concerned shall bring to the notice of the District Magistrate any other cases in which he considers it desirable that the State should be represented. Such cases include those in which Police Officers have been convicted of malpractices either cognizable or non-cognizable. He shall also report for the orders of the District Magistrate any case in which the Public Prosecutor fails to appear though required to do so by rule or specific instructions, and when he considers that conviction has not been supported properly. A complete brief, i.e., copies of judgment, depositions, note-sheets, etc. shall be prepared when the Public Prosecutor is required to represent the State in appeals or references under sub-section (2) of section 123 of the Code of Criminal Procedure, 1898.

(c) When an appeal is preferred to the High Court against the orders of any Presidency Magistrate in a serious case, the Deputy Commissioner, on receipt of notice of the appeal from the Legal Remembrancer’s Office, shall inform the Commissioner of any particularly important facts connected with the case that should be brought to the notice of the Legal Remembrancer and request him to consider whether the latter should be asked to enter appearance for State even though the appellant is unrepresented. The Deputy Commissioner shall also consult the Counsel representing the State in the High Court if he needs the assistance of the Investigating Officer or the Public Prosecutor.

41. Attendance of witnesses. – A Police Officer attached to the Court or some other responsible officer of the court specially appointed to the duty, shall make over to the bench clerk, not latter than 10-20 hours, a list verified, dated and initialled by him, of the witnesses who up to 10 hours are in attendance for examination. (Vide rule 6 of High Court Criminal rules and orders, Vol. I).
42. Certificate of attendance of Government servants. – When the complainant or a witness in a case is a Government servant and no expenses are paid to him by the Court, the Court Inspector or Sub-Inspector shall see that a certificate of attendance is given to him by the court to enable him to draw his travelling expenses.
43. Witnesses to hours search. – Upon receipt in the Court Police Office of the list of the property found in a search made under section 103 or 165 of the Code of Criminal Procedure, 1898, 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 any doubt regarding the identity of the articles given in the list of properties, the Police Prosecutor shall request the Court to summon the witnesses to the search.
44. Examination of medical witnesses. – (a) Medical witnesses will be examined on oath, but their evidence may be recorded by any Magistrate and not necessarily by the officer trying the case (vide section 509 of the Code of Criminal Procedure, 1898).
(b) When a medical officer is under examination before a Magistrate, the Police Prosecutor shall ask him to produce (i) an authenticated copy of his forwarding letter to the Director-cum-Senior Chemical Examiner, Forensic Science Laboratory, (ii) the post office or other receipt for the parcel despatched to the latter and shall elicit from him any further evidence necessary to connect the Director-cum-Senior Chemical Examiner’s report with the charge against the accused. If necessary the medical officer’s clerk or other person who has granted the receipt shall be called to prove it. Both copy and receipt shall be tendered in evidence when proved.

45. Child sent from the Court for juvenile offenders to Home. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When a child is sent under the order of the Magistrate of the Court for the juvenile offenders to any of the Homes approved by Government, the Sub-Inspector attached to the Court shall send to the said Home along with the Magistrate’s Order all informations available regarding the child’s previous history or antecedents.
46. Intimation of appeal. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Court Inspector or Sub-Inspector shall inform the Finger Print Section as soon as intimation is received that an appeal has been filed against conviction by offenders who have been previously convicted of offences under sections 215, 489A, 489B, 489C & 489D of the Indian Penal Code or under Chapters XII and XVII of that Code, punishable with imprisonment for three years or upwards.
47. Acquittals in Alipore Sessions. – When a trial in a Court of Session at Alipore ends in acquittal, the Public Prosecutor in charge of the case shah send a note to the Deputy Commissioner concerned stating the reasons for the acquittal. If the Public Prosecutor notes that there has been a miscarriage of justice for which an appeal against acquittal is necessary, the Deputy Commissioner shall write to the District Magistrate for a copy of the Judge’s charge to the Jury or the judgment, as the case may be, and on receipt thereof forward it to the Public Prosecutor for furnishing the grounds of appeal. As soon as the Public Prosecutor’s report is received the Deputy Commissioner shall forward it to the District Magistrate with a request to move the Legal Remembrancer to file the appeal.
48. Results of prosecution in the High Court, Sessions and City Sessions Court. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Officers-in-charge of High Court guard and City Sessions Court shall be respectively responsible for communicating to the Deputy Commissioner, Detective Department, the results of cases tried in the High Court Sessions and the City Sessions Court, Calcutta.
49. Acquittals on appeals before Sessions Judge, 24-Parganas. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Acquittals of police cases on appeals before the Sessions Judge, Additional Sessions Judge or Assistant Sessions Judges, 24-Parganas, shall be reported by the Court Inspector, Alipore, to the Deputy Commissioner concerned. This officer shall, in consultation with the Public Prosecutor; examine the possibility of revision by the High Court, and if necessary, shall take steps according to the normal procedure to move the Legal Remembrancer.
III – Warrants, Processes, Bail And Recognizance Bonds

50. Warrants against absconders. – On receipt of a chalan containing the names of absconders, Police Prosecutors shall at once move the Magistrate trying the case to issue warrants against all the absconders named in the chalan and, if necessary, proclamation and attachment orders simultaneously with the warrants.
51. Return of warrant against absonders. (Section 3, Bengal Act II of 1866.) (Section 9, Bengal Act IV of 1866.). – When an absconder appears in Court, or is arrested by parties other than 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 Criminal Procedure, 1898, the Court Inspector or Sub-Inspector shall send information to the police station concerned and ask for the return of the warrant.
52. Evidence under section 512, Code of Criminal Procedure. – If all measures provided by law to compel the appearance of the absconding accused fail, the Police Prosecutor shall, unless the Deputy Commissioner concerned records his opinion that this is not necessary, apply to the Magistrate to record evidence of complainant and witnesses under section 512 of the Code of Criminals Procedure, 1898.
The Police Prosecutor must be mindful that evidence that the accused has absconded must first be recorded.
53. Bail and recognizance bonds. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Court Inspector or Sub-Inspector shall draw out bail and recognizance bonds and get them duly executed.
(b) Witnesses, parties to cases, and sureties having to execute bonds, shall be taken to the Court Police Office, after the Magistrate’s orders are passed to have bonds properly drawn out and executed.

(c) The Court Inspector or Sub-Inspector shall make careful inquiries into the position in life of the proposed sureties; and if there is any objection to their being accepted, shall report it at once to the Magistrate concerned.

(d) When money is deposited by a party as security under section 513 of the Code of Criminal Procedure, 1898, the Court Inspector or Sub-Inspector shall deposit it promptly in the Treasury for safe custody.

(e) The Court Inspector or Sub-Inspector shall obtain receipts in the Peon Book for the bail and recognizance bonds made over to the Magistrate’s clerk to be filed with the records.

(f) When an accused person surrenders in Court and is released on bail, the Court Inspector or Sub-Inspector shall grant him free of charge, a certified copy of the bail bond containing the Magistrate’s orders thereon. This will serve as a safeguard to the accused till the release notice, which shall be despatched by the Court Inspector or Sub-Inspector as early as possible, reaches the police station concerned.

IV – Under-Trial Prisoners

54. Classification of under-trial prisoners and their treatment. – (a) Under-trial prisoners will be divided into two divisions, namely, Division I under-trial and Division II under-trial. Division I under-trial will include all prisoners who by social status, education and habit of life have been accustomed to a superior mode of living or who have been arrested for offences in connection with political or democratic (including working class or peasant) movements. Division II under-trial will include prisoners whose status and mode of living are not superior to the ordinary and who are not eligible for Division I. The classification of under-trials will be done by the trying Courts subject to the approval of the District Magistrate or in the case of Calcutta, the Chief Presidency Magistrate.
(b) During the period a prisoner is in Police custody before production before a competent court, the Assistant Commissioner of the Subdivision shall use his discretion as to the classification of the prisoner concerned.

(c) Under-trial prisoners who have been placed in Division I by the trying Court shall not be handcuffed, or roped, unless the Deputy Commissioner or Assistant Commissioner concerned considers the use of handcuffs or ropes necessary. The use of handcuffs or ropes in the case of under-trial prisoners who have been placed in Division II or who have not been classified, is only authorised in cases when there is reason to apprehend that they will use violence, or attempt to escape or that an attempt will be made to rescue them.

55. Court Police responsible for escorting under-trial prisoners from jail and guarding them in Court. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Chief Court Inspector/Court Inspector/Court Sub-Inspector shall be responsible for, –
(i) the timely arrival of under-trial prisoners in court,

(ii) the timely despatch of prisoners back from Court to jail after the working of the Court, and

(iii) the safe-custody of the under-trial prisoners in Court.

The Officer-in-charge of Thana shall, however, be responsible for the despatch of respective prisoners from Thana to Court and back, and for this, they will requisition Prison Van from Lallbazar Headquarters. Lallbazar Headquarters shall provide the Prison Van and necessary escort for bringing undertrial prisoners from jails to courts and back.
(b) Whenever the hearing of a case is adjourned and a day is fixed by the Court for the rehearing of the case, it shall be the duty of the Court Inspector or Sub-Inspector to ensure the punctual attendance of the prisoner on the day fixed.

56. Instructions for escorting under-trial prisoners to and from the courts. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Prisoners shall be escorted to the court and back to the jail 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 the court in a special conveyance, under-trial prisoners of Division I should be conveyed in prison vans or in hired public conveyances to ensure their travelling in reasonable comfort and privacy.
(b) All prisoners not before the Court shall be escorted back to the jail from the Court one hour before sunset, without waiting for those whose cases have not been disposed of. In the case of under-trial prisoners sent to the jail 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 jail; if they are likely to arrive there too late for the evening meal which is served one hour before sunset.

57. Production of prisoners before the Court of Session. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Court Police shall produce prisoners committed to the Court of Session and property connected with Sessions cases before the Court of Session on the dates fixed for trial.
58. Search of prisoners on arrival in court police office. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Prisoners in police custody shall be searched before they are put into the Court Lock-up. Female prisoners shall be searched by the Wardress of the Central Lock-up before they are sent up to court.
59. Jailor to be informed of the despatch of desperate characters. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Court Inspector or Sub-Inspector shall inform the Jailor by means of a separate report, for the information of the Jail Superintendent, when any undertrial prisoner or convict sent to jail is a desperate character, or when his offence is particularly heinous; or if he has ever suffered from lunacy. Ordinarily this information will be obtainable from the chalan sent in by the Police with the prisoner.
60. Search of prisoners before despatch to the jail from Court lock-up at the close of the day. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Before despatching prisoner to the jail from the Court lock-up at the close of the day, the Police Officer-in-charge of the Lock-up Register shall search all the prisoner thoroughly in the prepresence of the Officer-in-charge of the escort party, and both officers shall endorse a certificate to that effect in the Lock-up Register:
Provided that the search of a female prisoner shall he made by a female police officer who will conduct the search alone with due regard to privacy. And she alone will append her certificate in the register.
61. Segregation of approvers confessing prisoners and others. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When a Magistrate passes any order that –
(i) a confessing prisoner,

(ii) a person made witness under section 337 of the Code of Criminal Procedure, 1898, or

(iii) any other under-trial prisoner, shall be kept apart whilst in jail from other persons accused in the same case, the Court Inspector or Sub-Inspector shall communicate the order to the Jail authorities.

(b) The Deputy Commissioner concerned shall see that proper arrangements are made by the jail authorities for the segregation of approvers and, if on any occasion proper segregation cannot be arranged, he shall suggest through the Police Prosecutor to the trying Magistrate that the approver may be kept in some other jail and be escorted to the Trial Court on the date on which his attendance is necessary.

62. Drinking water and food for prisoners. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Prisoners while in police custody shall be supplied with drinking water whenever required and with tiffin, but no other food shall be given to a prisoner without the Magistrate’s permission. All articles of food shall be carefully examined before they 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.
63. Removal of prisoners from Lock-up. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – No prisoner shall be taken out of the lock-up except under escort with the permission of the Officer-in-charge of the lock-up.
64. Interview with under-trial prisoners in courts. – No one shall have access to a prisoner whilst he is in the precincts of the court awaiting his trial, without authoritative permission. The presiding officer of the court may give such authority. Facilities shall be given to recognize legal practitioners for consultation with their clients, but care should be taken that unlicensed practitioners or touts are entirely excluded.
65. Descriptive roll of persons sent for intermediate custody. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The escorting sergeant in the Presidency Courts and the Assistant Sub-Inspector in charge of the lock-up in the Suburban Police Courts at Sealdah and Alipore are responsible for seeing that the full address including the temporary Calcutta address of the prisoner is given in the descriptive roll.
66. Verification of residential addresses. (Section 3, Bengal Act II of 1866.) (Section 9, Bengal Act IV of 1866.). – (a) The Assistant Sub-Inspector in charge of the lock-up shall be responsible for the verification of the residential address of the prisoners.
(b) He shall, when possible, certify on the conviction slip of persons likely to be made P.R.T. that he has verified their residential addresses.

If for any reason he cannot give the certificate on the conviction slip he shall note the reason on the slip and send the certificate to the Assistant Commissioner, Detective Department, as soon as possible.
V – Registration Of Criminals – P.R. System

67. Method of taking Finger-Prints. – (a) Finger-prints shall invariably be taken in West Bengal Form No. 5299. Rolled finger-prints of each of the fingers, first of the right hand and then of the left hand, shall be taken finger by finger beginning with the right thumb and the left thumb respectively. Plain prints of the left hand and right hand will then be taken at the bottom of the form. The tip of the fingers must point to the head of the form at the time of taking finger-prints. Finger-prints of one person shall be taken before the taking of another person’s finger-prints is begun. One finger shall be inked and its impression taken before the next finger is inked. Finger-prints of lepers or persons suffering from contagious or infectious diseases shall not be taken. Deformities, scars and cut marks shall be carefully noted in the finger-print slip. When a person has injuries, his finger-prints shall not be taken before the injuries are thoroughly healed up.
(b) (i) Finger-prints of any person convicted of an offence punishable with rigorous imprisonment for one year or upwards or of an offence which would render him liable to enhanced punishment on a subsequent conviction or of any person who has been ordered to give security for his good behaviour under section 118 of the Code of Criminal Procedure can be taken by the police.

(ii) Subject to the provisions of Identification of Prisoner Act, 1920, fingerprints of all persons convicted of offences under chapter VI, XII or XVTI of the Indian Penal Code, of any offences under the Arms Act, 1959, Opium Act, 1878, Bengal Excise Act, 1909, Dangerous Drugs Act, 1930, Foreigners Act, 1946, Railway Stores (Unlawful Possession) Act 1955, Telegraph Wires (Unlawful Possession) Act, 1950, Explosive Substances Act, 1908, Suppression of Immoral Traffic in Women and Girls Act, 1956, under sections 302 & 304 (murder for gain) 338, 363 to 373 & 465 to 477A of the Indian Penal Code, of any offence under the Official Secrets Act, 1923, under sections 101, 126 & 128 of the Indian Railways Act, 1890, of any offence under the Foreign Exchange Regulation Act, 1947, in respect of smuggling gold currency and valuable articles and of offences involving sabotage and subversive activities against the State shall be invariably taken and forwarded to the State Bureau. Those finger-prints shall be sent to the State Finger-Print Bureau (with conviction slips) incorporating the details of conviction.

(iii) Finger-prints of the following categories of persons shall also be sent to the Central Finger-Print Bureau, Central Forensic Institute, 30, Gorachand Road, Calcutta-14, for record, namely :-

(1) All persons convicted of any offence under Chapter VI, IPC or sabotage and subversive activities against State.

(2) All persons convicted of offences under sections 302 and 304 (murder for gain), 338, 465 to 477A of the Indian Penal Code.

(3) All persons convicted under any section of the Dangerous Drugs Act, 1930, other than section 19.

(4) All persons convicted of smuggling gold, currency and valuable articles under Foreign Exchange Regulation Act, 1947.

(5) All traffickers in women and children who are convicted under sections 363 to 373 IPC including direct complaint cases.

(6) All persons convicted under section 5 of the Telegraph. Wires (Unlawful Possession) Act, 1950, for unlawful possession of telegraph wires.

(7) All persons convicted under section 3 of the Railway Stores (Unlawful Possession) Act, 1955, for unlawful possession of Railway Stores.

(8) All Foreigners externed under Foreigners Act, 1946.

(9) All persons convicted under Explosive Substances Act, 1908.

(10) All persons convicted under the Indian Official Secrets Act, 1923.

(11) All persons convicted under sections 101, 126 and 128 of Indian Railways Act, 1890.

(12) All persons convicted for attempt or abetment or criminal conspiracy for offences mentioned in items (1) to (11) above.

(13) All approvers in gang, dacoity and criminal conspiracy cases.

(14) All persons suspected of being professional itinerant criminals and persons of notoriously criminal reputation who habitually absent themselves from their homes and are believed to travel to other States for the purpose of committing crime and who have been arrested by the police and whose finger-prints have been taken even if they are acquitted provided that in case of acquittal, permission for record of finger-prints is obtained from the court under section 7 of the Identification of Prisoners Act, 1920.

(15) Any other persons whose finger-prints are ordered to be maintained by the Government of India from time to time subject to the provisions of the Identification of Prisoners Act, 1920 (Act XXXIII of 1920).

(c) Police Registration work. – P.R. denotes police registration of criminals. Police Registration Officers are posted to the different Courts in Calcutta.

Finger-Print Slips for search. – Subject to the provisions of the Identification of Prisoners Act, 1920, finger-prints of all under-trial prisoners who are unidentified (whose residences and antecedents are not known) shall be taken for search.
After the arrest of an unidentified person the Investigating Officer will forward the accused person to the divisional Lock-up concerned along with the requisition (W.B. Form No. 4282) giving all the particulars mentioned therein. Details in respect of the local address native address, if available, during investigation, or any other address shall be mentioned in the requisition.
VI – Report Of The Director-Cum-Senior Chemical Examiner, Forensic Science Laboratory.

68. Report of the Director-cum-Senior Chemical Examiner, Forensic Science Laboratory. – If in course of a trial a report of the Director-cum-Senior Chemical Examiner, Forensic Science Laboratory, is contested, or the cause of death as found by a Court is not in accordance with the report of the Director-cum-Senior Chemical Examiner, a copy of the judgment including charge to the Juri; and of the evidence regarding symptoms and Post-Mortem appearances shall be supplied to the Director-cum-Senior Chemical Examiner through the Divigional Deputy Commissioners. These copies shall be prepared in the office of the Court Inspector.
VII – Court Malkhana And Custody Of Property

69. Malkhana or property room. – (a) A secured room should be provided in every Court to serve as a Malkhana in which all property sent to Court and taken charge of by the Court Inspector or Sub-Inspector shall be kept.
(b) The key of this room if provided, shall be kept by the Court Inspector or Sub-Inspector who is answerable that no one makes away with the property or tampers with exhibits in cases. In the room shall be a strong box with a good lock for ornaments,, money or documents. Every article shall be neatly labelled to tally with the number in the Register. No private property of officers shall be kept in the Malkhana.

Note. – So long rooms are not provided in Courts, the exhibits of cases and personal properties of accused persons are to be kept in thana Malkhana as the procedure now exists. Heavy amounts of cash and valuable goods shall be kept in the Central Malkhana with the approval of the Divisional Deputy Commissioner.

70. Malkhana Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Police Officer in charge of the Court Malkhana shall keep a Register in West Bengal Form No. 5346 of all property that he is bound by any law or regulation to take into his possession.
(b) When any property is to be given back to the owners, the order for return shall be written in column 10 and the initial of the authority sanctioning it shall be obtained. The receipt of the person receiving the property shall be taken in the Register in column 14.

(c) To avoid harassment, small articles shall be returned to owners through Officers-in-charge of police stations whenever owners express a wish that this should be done. The Court Inspector or Sub-Inspector should ascertain owners’ wishes on this point when they come to give evidence. The Officer-in-charge of the police station concerned shall obtain the owners’ receipt in duplicate, one copy being sent to the Court Police Office to be filed in the Court Malkhana Register and the other copy being kept on record at the said police station. In the case of heavy articles it is the Magistrate who determines whether the property should be returned to the owners at the expense of the State 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 Sessions Judge is required, the Public Prosecutor will move the Sessions Judge under section 517 of the Code of Criminal Procedure, to pass orders of disposal.

(d) When property is no longer required by the Courts, such portion of it as consists of cash, bullion, gold and silver ornaments, or other valuable articles of a small size, shall be deposited in the Central Malkhana, LallBazar, for safe custody.

(e) Orders shall be taken to convert perishable unclaimed property into cash at the earliest date the law allows.

(f) A list of articles found on the person of an accused by the police shall be forwarded with the challan or final report of the case. The articles shall be sent with the prisoner-in-charge of his escort. The Court Inspector or Sub-Inspector shall report to the Deputy Commissioner concerned any breach of this regulation.

(g) The Court Inspector or Sub-Inspector shall also see that prisoners hold receipts granted by Station Officers for such articles.

(h) On 1st January each year all outstanding items in the Malkhana Register shall be brought forward in red ink. The Court Inspector or Sub-Inspector shall certify that all outstanding entries have been correctly brought forward.

(i) In the case of property which has been proclaimed under section 523 of the Code of Criminal Procedure, 1898, the date of expiry of the period of proclamation shall be entered in the remarks column of the Register, so as to enable the Court Police Officer to obtain orders regarding the disposal of the property.

(j) The Court Inspector or Sub-Inspector shall put up his Malkhana Register for a thorough inspection once a month by his Subdivisional Assistant Commissioner or Divisional Deputy Commissioner.

Note. – All Police Prosecutors and Public Prosecutors shall be asked to move Magistrates and Sessions Judges when ordering property to be confiscated, etc., to direct that interesting exhibits, such as articles which indicate new methods of committing crime, may be sent to the Deputy Commissioner, Detective Department, for disposal.

71. Disposal of property of the accused. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When a case, in which any person is concerned, is disposed of, the Magistrate’s orders as to the disposal of property found on him shall be obtained. In case of imprisonment, the property shall be sent to the Jailor. If on conviction a fine is imposed and not paid, a distress warrant shall immediately be obtained, and the property found in possession of the party shall be attached and sold in payment of the fine. If the prisoner is sentenced to pay a fine which is paid by him or if he is discharged, his property shall be made over to him by the Court Inspector or Sub-Inspector before he leaves the court and his receipt obtained. An intimation to this effect shall also be sent to the police station concerned. The Court receipts mentioned above shall be preserved for a period of three years.
72. Disposal of counterfeit coins and exhibits in note forgery cases. – (a)(i) For disposal of counterfeit coins, etc., the High Court has framed the following rule :-
Criminal Courts in making orders under sections 517, 523 or 524 of the Code of Criminal Procedure for disposal of counterfeit coins shall forward them together with any dies, moulds, etc., used for coining which may have been produced in the case, to the nearest Treasury or Sub-Treasury Officer with a request that they may be transmitted to the Mint for disposal. A copy of the judgment delivered in the case with which they are connected should at the same time, be forwarded to that officer.
(ii) In an appealable case the transmission of such coins to a Treasury or Sub-Treasury Officer shall be deferred until the expiry of the time allowed for preferring an appeal and, in the event of an appeal, until it is disposed of [vide rules 19(1) and (2), Criminal Rules and Orders, Vol. I, 1950, Page 5.]

(b) Disposal of exhibits in a note forgery case is a matter for the decision of the Court which tries the case. Where the exhibits are ordered to be delivered to the police for destruction, if any particular exhibits are of special interest and should be preserved the Police Prosecutor or the Public Prosecutor, as the case may be, shall move the Court for an order to send them to the Deputy Commissioner, Detective Department, for this purpose.

VIII – Registers

73. Daily Under-trial Report. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A daily report, in duplicate in West Bengal Form No. 5270 of all under-trial cases (including sessions cases) shall be submitted by the Court Inspector or Sub-Inspector through the Subdivisional Assistant Commissioner to the Divisional Deputy Commissioner. If any police officer fails to appear in Court or if any case has to be remanded because summonses or warrants had not been executed or returned in time, the attention of the Divisional Deputy Commissioner shall be drawn to the fact by a note in the “remarks” column. The Deputy Commissioner shall scrutinize these reports and, where necessary, shall draw the attention of the Chief Presidency Magistrate or the District Magistrate, 24-Parganas, to any irregularity through the Commissioner of Police. Those reports shall be filed in the office of the Divisional Deputy Commissioner. A copy of the report shall be kept in the court police office.
74. Appeal Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A register in West Bengal Form No. 5349 (B.P. Form No. 102) with necessary modifications shall be maintained in the Court Police office, in which all appeals in Police cases shall be entered.
(b) The register shall be put up once a week before the Divisional Deputy Commissioner who shall satisfy himself that proper provision for conducting such cases has been made, and that no failure of justice has occurred owing to the State not being represented. He shall also take necessary action if there has been delay in receiving the notice of appeal.

(c) Results of appeal shall be communicated in West Bengal Form No. 5350 (B.P. Form No. 103) with necessary modifications by the Court Inspector to the Divisional Deputy Commissioner, who shall send it to the Officer-in-charge of the police station concerned. Care must be taken by Court Inspector or Sub-Inspector and the Officer-in-charge of the police station concerned to see that the connected registers are also corrected in accordance with these results.

75. Magistrate’s General Registers of cases. – (a) A Register in West Bengal Form No. 3817 shall be kept in order that the Magistrate having jurisdiction may see in a convenient form all cognizable cases reported to the police.
(b) Cognizable cases in which the Magistrate issues process on a complaint made to him or of his own motion but in which no first information has been laid to the police or enquiry conducted by them shall not be entered in the Register.

(c) The senior Court Police Officer is responsible that the Register is properly written up, but the actual writing of the Register and its submission to the Magistrate may be entrusted to the next senior Officer below him.

(d) On receipt of the First Information Report of a case the Court Police Officer maintaining the Register shall fill in columns 1 to 8 of the Register, and, after recording on the top of the First Information Report its number in the General Register, shall submit it and the Register to the Magistrate for initial of column 6. First Information Reports of heinous or important cases, shall, however, be submitted to the Magistrate immediately after receipt.

(e) Every cases which is reported at a police station during a year, no matter when the crime was committed, shall be entered in the Register and shall receive a consecutive number for that year, even though the first information may not have been received until after the end of the year. The monthly consecutive number shall also be given below the yearly number, thus 19 (yearly number)/5 (Monthly number).

(f) Cognizable cases instituted by complaint or petition to a Magistrate, and referred to the police for investigation shall also be entered in the Register, and shown in red ink in the crime compilation sheet.

(g) As soon as the final papers of a case are received by the Court Police Officer maintaining the Register, whether in a challan or a final report form, he shall fill in columns 9 to 11 of the Register and again submit it with the final report or challan to the Magistrate for necessary orders. The entry in column 13 shall indicate 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 property of which possession has been taken by the police is to be disposed of.

(h) When the case has been tried and disposed of, the Court Police Officer shall enter in column 13 the order of the Magistrate as to the commitment, conviction, acquittal or discharge of the accused which should indicate clearly how the case is to be shown.

(i) In cases of alleged theft of property in which investigation has been refused by the police on the ground that the matter in dispute should be decided by a Civil Court, property should not be shown as stolen or recovered in the General Register.

(j) The order in column 13 for entry of the cases in the returns shall take one of the following forms :

Not investigated, Enter Section.

True, Enter Section.

Intentionally false, Enter Section.

Mistake of law, Enter Section.

Mistake of fact, Enter Section.

Non-cognizable, Enter Section.

These represent the classification recognized for statistical purposes in Crime Statement A-I and all cases shall be brought under one or other of the above classes. Orders, such as “Dismissed”, “Struck off as false”, “Doubtful”, are not explicit and do not indicate how the case is to be entered. If a Magistrate, notwithstanding, treats a case as doubtful, it must be entered in the returns as true.
(k) The names of all accused persons charged with offences under Chapters XII 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 outside Calcutta or its suburbs shall be doubly underlined.

(l) Persons who have been arrested and subsequently released by the police on bail and have not been required to appear before a Magistrate shall not be shown as acquitted.

(m) The entries in columns 9 to 11 relating to a case in which the final report has not been submitted within 14 days from the date of drawing up the First Information Report shall be made in red ink. Similarly, entries in columns 12 and 13, subsequent to a case having been remanded four times, will be made in red ink.

(n) In a case in which the accused is or are absconding and should be arrested, a conspicuous red cross shall be made in the column of remarks so that it may be easily seen what cases are pending on this account. The various steps taken from time to time to cause the appearance of absconders shall be briefly noted.

(o) To ensure absconders not being overlooked, the number of persons charged shall always be shown in column 8, and all these persons should be accounted for in column 11, thus:

Sent up – Madar Baksh.

Not proved against – Shaikh Salim.

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 11 against his name. If a case ends in conviction, the orders shall be entered 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 information shall be sent to the police station as required by regulation 74(c).

(q) Against the name of any convict regarding whom orders under section 565 of the Code of Criminal Procedure, 1898, have been passed PRT/565 shall be noted in the General Register in the column of remarks.

(r) In column 14 the Court Police Officer maintaining the Register shall enter a reference to the corresponding entry in the compilation sheets and not the date of the despatch of the final memorandum. Remands shall be noted in column 12.

(s) All railway cases shall be distinguished by a conspicuous red ink “R”.

(t) At the end of the year cases sent with challan in which there are absconders shall be shown as pending.

76. Non-General Register (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A Register in West Bengal Form No. 5449 F. (B.P. Form No. 104) shall be maintained in all Court Police Officers wherein all cases in which prosecutions have been instituted by the Police but no First Information Reports were drawn up should be entered.
77. Lockup Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A Lock-up Register in West Bengal Form No. 3831 shall be kept in each Court Police Office.
(b) The Court Police Officer in charge of the Register shall receive prisoners from police stations, or from Jail, or from the custody of Magistrates, or Sessions Judges, on conviction or commitment to hajat or for release on bail and shall at once enter their names in the Register.

(c) Prisoners discharged, or acquitted, shall be released in open Court; prisoners remanded, or convicted, shall be sent to jail 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 Police Officer shall obtain the Magistrate’s initials against their names in the Lockup Register in attestation of their release. The Court Police officer shall see that notice in proper form as required under rule 920 of the Bengal Jail Code, is sent to the Jailor on the same day in every case of discharge or release of an under-trial who has been committed to jail custody.

78. Register of Sessions cases. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A register of cases committed to the Courts of Session shall be maintained in Presidency Magistrate’s Courts in B.P. Form No. 105 (W.B.F. No. 5351) in the office of the Chief Court Inspector and in the Suburban Police Courts at Sealdah and Alipore in the offices of the Court Inspectors. On the commitment of a ease to the Court of Sessions the Court Police Office will make an entry in the Register. All favourable and unfavourable comments on the conduct of the Police, recorded by Sessions Judgea and by the High Court, shall be noted in the column for remarks in the Register. A cross-reference to the Court Conviction Register should be made in column 11 of the Register of cases committed to the Court of Session.
79. Bail Bond Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) In suburban Court Police Offices at Sealdah and Alipore a register in B. P. Form No. 106 (West Bengal Form No. 5201) shall be maintained, in which the names of Mukhtears and Pleaders who stand surety and the amount of their capacity shall be entered in alphabetical order. Several pages should be allotted to each surety. The register will be maintained by the Senior Assistant Sub-Inspector under the supervision of the Senior Court Police Officer.
(b) On the final disposal of a case, the entry concerned shall be crossed through by the officer maintaining the register.

(c) When a surety’s bond is forfeited, the Court Police Staff or the Police Prosecutor, as the case may be, should object to his being allowed to stand further surety until the amount forfeited has been realised in full. If the bond of a surety is forfeited more than once, the Court Police Officer or the Police Prosecutor will request the Magistrate not to accept further bonds from that surety.

80. Conviction Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A register in West Bengal Form No. 5265 (B.P. Form No. 107) shall be kept at the Presidency Courts in the office of the Chief Court Inspector.
The names of all persons convicted of the following offences shall be entered in it :-
(i) Offences or attempt at or abatement of offences under Chapters XII and XVII Indian Penal Code punishable with imprisonment for 3 years or upwards.

(ii) Giving or fabricating false evidence (sections 193 to 195, IPC).

(iii) Falsely charging any person with having committed unnatural offence (section 211 read with section 377, IPC).

(iv) Indecent assault on a woman (section 354, IPC).

(v) Rape (section 376, IPC).

(vi) Unnatural offences (section 377, IPC).

(vii) Forgery (sections 465, 466, 467 & 469, IPC).

(viii) Culpable homicide not amounting to murder (section 304, IPC).

(ix) Causing grievous hurt (sections 325, 326, 329, 331, 333, 335 & 338, IPC).

(x) Drugging (section 328, IPC).

(xi) Cheating (section 417, IPC).

(xii) Being a thug (section 311, IPC).

(xiii) Offences relating to forgery of currency notes or bank notes (sections 489A, 489B, 489C & 4891, IPC).

(xiv) Bad livelihood (sections 109,110, Cr. PC).

(xv) Gambling (sections 3, 4 and 10 of West Bengal Gambling and Prize Competitions Act, 1957 (West Ben. Act XXXII of 1957).

(xvi) Offences under section 9 of the Opium Act, 1878 (Act I of 1878).

(xvii) Offences under the Explosive Substances Act, 1908 (Act VI of 1908).

(xviii) Offences under the Goondas Act, 1923 (Bengal Act I of 1923).

(xix) Offences under the Motor Vehicles Act, 1939 (Act IV of 1939), for which an enhanced sentence may be given on reconviction.

(xx) Offences under clauses (a), (b), (c), (e) and (k) of sub-section (1) of section 25 and section 26 of the Arms Act, 1959 (Act No. 54 of 1959).

(b) The names of persons convicted of offences under Chapters XII and XVII of the Indian Penal Code whose real names and residences are not known shall be entered in red ink.

(c) When a convict is made P.R. or P.R./T or is ordered by the Magistrate to notify, after release from jail his residence or change of residence under section 565 of the Code of Criminal Procedure, 1898, the letters P.R., P.R./T, or PRT/565, as the case may be, shall be entered against his name in the remarks column in red ink, and the number of the P.R. slip or the despatch cheque shall be noted in column 7.

(d) The words “Seama-arms smuggler” shall be entered in red ink in the remarks column against the name of any one convicted or arms smuggling and known to be a seaman.

(e) Entries shall be made as soon as sentence is passed. When a sentence is reversed or modified on appeal, the results shall be noted in the Remarks Column.

(f) Convictions at trials held in Courts of Session shall be registered at the office of the Chief Court Inspector if the case was committed to the Court of Session by a Presidency Magistrate. Convictions at trials held in the Court of Session at Alipore committed by Magistrates at Sealdah and Alipore Courts also shall be registered in the office of the Chief Court Inspector who shall be intimated of such convictions by the court police of the respective Suburban Courts.

(g) At the Sealdah and Alipore Suburban Police Courts, entries of convictions shall be made as they occur during the month, on loose sheets of the printed form which will be forwarded to the Chief Court Inspector, Calcutta, within the first week of the following month with certificates from the Court Sub-Inspectors that the entries in the conviction sheets have been checked with the Magistrate’s General and Complaint Registers and that all entries required to be made have been made.

(h) The Chief Court Inspector shall fasten the sheets into his register at the end of the entries for the same month.

(i) The completed volume of the register after it is neatly bound shall be kept in the Record Room of the Chief Court Inspector in his safe custody.

(j) The conviction rolls of persons convicted in the Presidency Courts who are not residents of Calcutta shall be sent by the Court Inspector or Sub-Inspector to the Superintendents of Police of their native districts, and also direct to their local police stations if the names of these stations and of their villages are known.

Such extracts shall be sent after order as to P.R. has been passed when the convict is likely to be made P.R. and any appeal preferred has been disposed of, or the period of such appeal has expired.
(k) When these rolls are received back from districts the Court Inspector or Sub-Inspector shall, forward them to the Chief Court Inspector for entry in his Conviction Register.

81. Conviction of foreign criminals in coining or note forgery cases to be reported to the Director, Intelligence Bureau. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When an Asiatic, not resident of India, is convicted in a coining or note-forgery case, and there is reason to believe that the false coins or notes were manufactured abroad, or when a foreign criminal, whether Asiatic or non-Asiatic, is convicted in a coining or note-forgery case which may arouse international interest, the Deputy Commissioner, Detective Department, shall report the facts to the Director, Intelligence Bureau, Government of India.
82. Index to Conviction Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) An index to the Conviction Register for the whole of Calcutta shall be maintained in West Bengal Form No. 120 (B.P. Form No. 108) in the Chief Presidency Magistrate’s Court by the Chief Court Inspector or by a Court police officer under his direction.
(b) The page, volume and year of the index shall be noted under each man’s name in the Conviction Register.

(c) Indices for every 10 years shall be kept in bound books.

(d) The Chief Court Inspector or a court police officer under his direction shall search the indices of this Register to see if a person sent up has been previously convicted or not, and such officer shall certify on the back of the challan that he has done so.

(e) A key explaining the system of indexing will be found in Appendix.

83. Elimination of names of deceased persons and of persons acquitted on appeal. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) On receipt from Officers-in-charge of police stations of the lists of persons whose names have been removed from the Conviction Register due to death or for other reasons, the Chief Court Inspector or Court Police officer shall, after causing the necessary corrections in his Register to be made forward the lists to the Deputy Commissioner concerned, who shall satisfy himself that the Register and indices have been corrected.
(b) Names of persons acquitted on appeal shall be struck off the index as soon as intimation is received by the Chief Court Inspector or the Court Police Officer.

84. Court Khaitan Register crime return compilation sheets and instructions up the differents columns. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) To facilitate the preparation of the annual crime statements, a Khaitan Register, composed of compilation sheets in West Bengal Form No. 5264 (B.P. Form No. 109) shall be maintained by the Chief Court Inspector at the Chief Presidency Magistrate’s Court and by the Court Inspectors at the Suburban Police Courts at Sealdah and Alipore.
(b) Cases which are sent up for trial by challan are entered in the General Register of cases, and from this Register shall be gathered the information for the crime compilation sheets with respect to such cases. Cognizable cases instituted by complaint or petition to a Magistrate and referred to the police for investigation, are also entered in the General Register when such cases are sent up for trial.

(c) Cognizable cases under section 66 of the Calcutta Police Act, 1866 (Bengal Act IV of 1866) or section 40 of the Calcutta Suburban Police Act, 1866 (Bengal Act II of 1866), vagrancy and bad character cases, Chapter VIII of the Code of Criminal Procedure, 1898, etc., are not entered in the General Register but are entered in a separate Register and from this Register shall be gathered the information required for preparation of the computation sheets and other relevant returns.

(d) The above description of cases shall be entered in the compilation sheets after final orders in each case have been passed.

(e) When entering a case from the General Register the number of entry in column 1 of the compilation sheet shall be noted in the column for remarks in the register from which the entry is made, thus creating a link between the register, and the compilation sheets.

(f) The Court Police Officer will obtain the permission of the Magistrate concerned to have the books for a short time every day to enable him to make a note of the cases decided on the previous day in order that the compilation sheets may be written up.

(g) On receipt of intimation that an appeal has been lodged, Court Police Officer will make a note of it against the entry in the General Register and at the same time will enter the case in the Appeal Register which is separately maintained. Result of appeal shall also be entered in both the Registers.

(h) Column 10 should include cases in which the Police submitted challans 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 a competent Court. When a case ends in acquittal 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 non-cognizable 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”.

(i) 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 declared a lunatic during trial or in which charges are abandoned, compounded or withdrawn (sections 247, 248, 259, 333, 345 & 494 of the Code of Criminal Procedure, 1898) should not be included in this column. They must be shown in the additional columns provided for the purpose in the remarks column. Acquittals on appeal will also be shown as such in column 11 if they occur during the year.

(j) Column 29 should include all person convicted of a cognizable offence including those dealt with under section 572 of the Code of Criminal Procedure, 1898, those convicted under a non-cognizable section being shown under a spare column for “otherwise disposed of. Columns 28, 29 and 30 are meant for person concerned in true cases only.

Note. – At the close of each year the Court Inspector or Sub-Inspector shall prepare a statement known as Statement. A, Part I, West Bengal Form No. 110 (B.P. Form No. 115), from the figures recorded in the crime compilation sheets in accordance with the instructions issued for the preparation of the Annual Administration Report.

85. Miscellaneous Registers. – The Registers to be maintained by the Court Offices are shown in Appendix. See Appendix to regulation 90 of Chapter IV – Privileges and General Instructions.
CHAPTER VII

I – Headquarters

1. Headquarters of Calcutta Police. – The Headquarters of the Calcutta Police are located at 18 Lallbazar Street, Calcutta.
2. Branches of Headquarters. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Headquarters of Calcutta Police are divided into two distinct branches, viz., the Headquarters Force and the Reserve Force.
A. The Headquarters Force includes the following sections :-

(i) Mounted Police.

(ii) Police Transport.

(iii) Wireless.

(iv) Control Room.

(v) Telephones.

(vi) Women Police Force.

(vii) Special Police Officers Force.

(viii) Police Service Depot.

B. The Reserve Force includes the Central Lock-up.

A. Headquarters Force

3. Deputy Commissioner, Headquarters and the departments under him. – The Deputy Commissioner of Police, Headquarters, is in administrative control of the Headquarters Force. He is also in charge of the Calcutta Maidan. He deals with security schemes and with cases of Soldiers’, Sailors’ and Airmen’s Board.
He is in charge of Wireless, Telephones, Transport, Mounted Police, Police Training School and also of the Arms Act Department.
He is also responsible for all reserve work of a centralised nature, such, as, transfer, posting, etc., of the personnel in general, issue of circulars and general orders by the Commissioner and is in charge of the Police Emergency Scheme and Control Room. His other miscellaneous duties include the control of the Police Dead House, and Police Hospital. He is in charge of the office of the Commissioner at Lallbazar and deals with all important correspondence and files relating to law and order, and organisational and administrative matters of importance. He deals with orders relating to transfer, leave and orderly room of Constables. He is the appointing authority for all ranks of the subordinate Police Force except Inspectors, and the clerical staff and menials.
4. Headquarters Force. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Headquarters Force shall consist of the staff sanctioned for various units of the unarmed branch of the Police located at Lallbazar. These shall include the clothing department, the Mounted Police, Police Transport, Wireless, Control Room, Police Service Depot, Police Training School, Telephone and Women Police Force.
5. Duties of Assistant Commissioner, Headquarters. – The Assistant Commissioner, Headquarters, shall, in addition to his duties elsewhere prescribed, do such duties as may be entrusted to him by the Deputy Commissioner, Headquarters or by the Commissioner.
6. Duties of Inspector, Headquarters. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Inspector, Headquarters, shall supervise the work of Sergeants and other subordinate ranks below the rank of Inspector of the Headquarters Force and different police guards and departments under the Assistant Commissioner, Headquarters.
(b) He shall visit the single Sergeants’ Barrack in Lallbazar and Police Training School at 247, Lower Circular Road and other Police Guards as often as possible.

(c) He shall make arrangements for halla (emergent) and other miscellaneous duties under order of the Assistant Commissioner, Headquarters.

(d) He shall supervise the duties of the movement officers and see that all halla postings and duties are executed smoothly. He shall arrange for officers to man the Control Room.

(e) He shall check the fall-in and muster parades and make a tally and forward the same to the Deputy Commissioner of Police, Headquarters, through the Assistant Commissioner, Headquarters.

(f) He shall put up officers and men in orderly room before Assistant Commissioner, Headquarters and Deputy Commissioner, Headquarters.

7. Duties of Sergeant in charge of Movement Office. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A Sergeant shall always remain on duty by turn at the Head Office. He will be designated as the Orderly Sergeant and shall work directly under the orders of the Inspector, Headquarters.
(b) He shall remain in the vicinity of the telephone and shall not leave the office except to parade files for duty.

(c) He shall parade all duty parties and call the roll and then report to the senior inspector present. In the absence of a senior officer he shall inspect the files and after ascertaining that each man is conversant with his duties, detail the senior member of the party to march them off.

(d) He shall record in General Diary the posting of all men, the time of their return from duties, all messages, complaints, unusual occurrences, etc.

(e) He shall see that the standing orders regarding duty roster are complied with.

(f) He shall direct all official telegrams to the telephone sergeant for immediate action. He shall receive and distribute all letters from the postman. Official letters will be placed in the box kept for the purpose and private letters for resident officers will be sent to their offices or quarters immediately. Letters for inspector and sergeant will be placed in the letter case the key of which will be retained by the Orderly Sergeant who will make over the letters to the addressees only.

(g) He shall inform Inspector, Traffic Police, immediately of anything of importance which occurs in traffic matters. He shall also report to the Inspector, Reserve Force, anything of importance which may come to his knowledge otherwise than in connection with traffic matters.

8. Round Sergeant. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Movement Sergeant shall depute from the stand-by force one sergeant every hour from 18.00 hours to 23.00 hours to visit all the sentry posts in the compound and also the cash office, the telephone office and the barracks for driver-constables.
(b) The visiting sergeant shall satisfy himself that all sentries are on the alert and are conversant with their duties particularly in regard to the attack alarm.

(c) He shall also visit the garage and satisfy himself that everything is in order.

(d) The names of the sergeants and time of their departure and return with anything of interest they may have to report shall be noted in the General Diary.

9. Special Police Officers Force for the Town and suburbs of Calcutta. – Detailed regulations on organisation, recruitment, appointment and promotion, duties, liabilities and obligations, jurisdiction, training, leave and transfer, resignation, discipline and punishments, uniform, badges of rank and equipment about the Special Police Officers Force are given in Appendix –
10. Women Police Force. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Women Police Force which consists of three ranks, namely, inspectress, sub-inspectress/assistant sub-inspectress has been raised to perform the following duties :-
(i) assisting the arrest of women accused and executing search warrants for recovery of kidnapped and abducted women and children;

(ii) assisting the working of The Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act No. CIV of 1956);

(iii) escorting women and juvenile prisoners;

(iv) visiting and inspecting institutions for the welfare of women and children and Maternity Homes;

(v) guarding female prisoners in hospitals and police lock-ups;

(vi) assisting in investigation of cases concerning women;

(vii) assisting in control of demonstration in which women participate;

(viii) assisting in the working of Juvenile Aid Bureau, Enquiry Office and Public Relations Bureau;

(ix) other duties which may be suitably allotted by the Commissioner.

11. Police Service Depot. – The working of the Police Service Depot has been shown in detail in Regulations 5, 6 and 7 in the Chapter on “Hackney Carriage Branch and Police Service Depot”. (See Chapter XI).
B. Reserve Force.

12. Deputy Commissioner, Reserve Force. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Deputy Commissioner Reserve Force, shall be in charge of the Reserve Force and Central Lock-up. He is responsible for administration, supervision, discipline, control, efficiency and welfare of the Reserve Force.
13. Duties of Assistant Commissioner, Reserve Force. – The Assistant Commissioner, Reserve Force, shall, in addition to his duties elsewhere prescribed, do such duties as may be entrusted to him by the Deputy Commissioner of Police, reserve Force or by the Commissioner.
14. Duties of Inspector, Reserve Force. (Section 3, Bengal Act II of 1866.) (Section 9, Bengal Act IV of 1866). – The Inspector, Reserve Force, shall supervise the work of sergeants and other subordinate ranks below the rank of an inspector of Reserve Force and different police guards under the Assistant Commissioner, Reserve Force.
He shall visit the Police Guard Rooms of the Reserve Force as often as possible.
He shall make police arrangements for halla and other miscellaneous duties under orders of the Assistant Commissioner, Reserve Force.
He shall be in charge of the arrangements for supply of food to the prisoners in the Central Lock-up. He shall supervise the work of the food contractors and will see that all meals are supplied in proper time according to the prescribed scales.
15. Duties of Inspector of night rounds. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – An Inspector attached to the Reserve Force shall be deputed by the Assistant Commissioner, Reserve Force, to patrol between 22.00 hours and 04.00 hours to check on the guards posted at the following places :-
(a) Ministers’ and Deputy Ministers’ residences in Raj Bhavan compound,

(b) The State Bank of India,

(c) The Reserve Bank of India,

(d) Office of the Accountant-General, West Bengal,

(e) State Transport Office,

(f) Customs House,

(g) Free School Street, Civil Supplies Office,

(h) Foreign Office (Esplanade East),

(i) Silver Refinery (Strand Road),

(j) The Central Lock-up,

(k) The Generating Station in Police Headquarters,

(l) The sentries over the offices of the Commissioner and the Deputy Commissioner, Headquarters,

and such additional places as may be put on the list from time to time.
16. Duties of Inspector of Reserve Force at Writers Buildings and West Bengal Legislative Assembly. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) He shall be in charge of the arrangements of police (other than the plain clothes staff) at Writers’ Buildings and shall supervise the work of the waiting room attendant and his staff. He shall investigate and report on defects in the pass system and shall also enquire into complaints against the Calcutta Police staff employed at Writers’ Buildings. He shall visit all posts at least once daily and ensure that all the members of the police force on duty under him are thoroughly conversant with their duties.
(b) He shall be responsible for the initial posting of Police (other than plain clothes staff) at the Legislative Assembly Building and shall make sure that they are cognisant of the orders passed on them. He shall visit all the members of the police force under him at least once daily.

(c) He shall perform such other duties as the Assistant Commissioner, Reserve Force, may assign.

17. Duties of Inspector, Reserve Force, at Raj Bhavan. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) He shall see that all the men going on their duties are smartly turned out and are conversant with their duties.
(b) He shall make out the route to be taken by the Governor on State visit.

(c) He shall see to the protection of the Governor, and his personal staff and to the security of Raj Bhavan.

(d) He shall make all dispositions relating to all outside engagements of the Governor.

(e) He shall cheek the police force on duty at least once a day.

(f) He shall supervise the work of the staff in the police office at Raj Bhavan.

18. Duties of Inspector of Reserve Force in charge of Courts. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – An Inspector of Reserve Force shall be in charge of the police duties at the High Court and the City Sessions Court, Calcutta.
He shall post the sergeants and constables detailed for duty there and see that they are conversant with the same.
He shall go on rounds at least once a day and see that duties are being performed properly.
He shall be responsible for the maintenance of law and order.
He shall do any other duties as may be ordered by the Assistant Commissioner of Police, Reserve Force.
19. Duties of stand-by Sergeants. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A number of sergeants shall always remain on duty as stand-by and those on such duty shall be properly dressed, armed with revolvers and half lathis and be ready for immediate action.
(b) They are permitted to remain in the library or billiard-room.

(c) They shall on no account go to their rooms without first obtaining permission from the orderly Sergeant on duty.

(d) They are permitted to, read books and papers or to play games such as billiards or cards when not required for duty.

(e) On the sounding of the alarm the stand-by sergeants and when called for, the stand-by sergeants or individual sergeants, as the case may be, shall all fall in quickly at the double in front of the movement office.

20. Sergeant on Pilot duty. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The pilot motor cyclist shall be armed with a revolver and 20 rounds of ammunition.
(b) He shall ride in front of the ear of the Governor whenever the latter leaves Raj Bhavan by car and shall see that he has a clear way and that no attempts are made on the Governor.

(c) He shall be given his orders by the Inspector, Raj Bhavan guard regarding the movements of the Governor and shall make himself conversant with the routes to be taken and the places where the Governor proposes to alight.

(d) He shall report to the Inspector, Raj Bhavan, before going on duty and shall report his return after the completion of his duty and shall keep in constant touch by telephone with Inspector, Raj Bhavan.

(e) He shall report at Raj Bhavan half an hour before the scheduled time of departure of the Governor.

(f) He shall not leave his motor cycle during his tour on duty without the orders of Inspector, Raj Bhavan, unless compelled to do so in case of emergency arising in connection with his official duty. Immediately on his return to Raj Bhavan he shall submit, through the Inspector, Raj Bhavan, a written report regarding any unusual incident noticed or brought to his knowledge for the information of the Deputy Commissioners, Reserve Force, and Headquarters.

21. Sergeants on picket duty. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Sergeants deputed for picket duty shall ascertain the following particulars from the movement officer before leaving Headquarters :-
(i) The number and strength of the picket.

(ii) The number of the armed police Companies supplying the picket.

(iii) The number of the vehicles carrying the picket.

(iv) The exact location of picket and the purpose for which the picket is sent.

(v) Adjoining pickets, and their telephone numbers (if available).

(iv) Instructions (a copy should be given in writing).

(b) After parading for inspection by the movement officer the sergeant shall then go with the place indicated.

(c) On arrival the sergeant in charge of the picket in shall –

(i) immediately post a sentry and issue instructions to the men under him for the efficient discharge of their duty, the nature of which should be explained;

(ii) locate the nearest telephone and inform the local police station and Control Room on his arrival;

(iii) establish contact, telephonic or otherwise, with a neighbouring picket.

(d) He shall thereafter report by telephone to the Control Room every hour. If he apprehends trouble he shall immediately inform the local police and the Control Room.

(e) It is the duty of an armed picket to take all action necessary to prevent a breach of the peace, to deal with rioters and to protect life and property.

(f) If no clearly defined area is laid down for which the picket is responsible, the Officer-in-charge of the picket shall use his discretion, bearing in mind the position of adjacent pickets. He shall in no case leave his picket to deal with an incident outside his area without first informing the police station and Control Room. He shall not, without orders from a superior officer, operate more than half a mile from the picket headquarters.

(g) All Officers-in-charge and Sergeants-in-charge pickets are required to be able to answer the following questions :-

(i) For what area do you consider your picket is responsible?

(ii) Do you know your neighbouring pickets and the strength of each?

(iii) Have you established touch with these pickets?

(iv) Have you arranged the use of a telephone?

(v) Do you know the telephone numbers of your neighbouring pickets?

(vi) If your picket gets into trouble what action will you take and from which picket will you seek help?

(vii) If any neighbouring picket gets into trouble what action will you take and what assistance will you give?

(viii) Do you understand that all pickets are to be mutually supporting; that the patrol is based upon a local strong point, e.g., the large picket at the Central Fire Brigade Station and that the whole machinery is based on Headquarters?

(h) Sergeants on picket duty shall always be on the alert and in no circumstances shall they play cards or read nor shall they allow their men to do so.

(i) A sergeant shall on no account leave his picket unless properly relieved. He shall not withdraw his picket until relieved or ordered to withdraw by Control Room or by a responsible officer (not below the rank of Sub-Inspector) of the division. He shall always inform Control Room and the local police when he is about to leave.

Upon being relieved or ordered to withdraw he shall return his picket to the Headquarters and shall himself return to the movement office.
22. Sereant’s Duty Roster. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A duty roster specifying the duties of each sergeant shall be compiled by the office sergeant and placed at 17.00 hours on every day on the counter in the sergeants’ office fur all officers to see and note their duties for the following day.
(b) The roster shall be signed by all officers by 09.00 hours daily, if they are not on duty earlier. If they are on duty before 09.00 hours officers shall sign at the time they are deputed for duty. The roster may not be signed the previous day.

(e) No officer is permitted to sign the duty roster for or in the name of any other officer or to note the time of signing on returning from duty of any other officer.

(d) In no circumstances may alterations, erasions or remarks be made in the duty roster except by duly authorised officers.

(e) When signing the duty roster the officer shall remove their wet topees and waterproofs to ensure that entries are not smudged or obliterated by wet arms, coat sleeves or other matter.

(f) When signing the roster before proceeding on duty officers shall be dressed and ready for duty and after signing the roster they shall report to the movement officer.

(g) When returning from duty officers shall sign off duty while in uniform before proceeding to their quarters and shall also report themselves to the movement officer.

23. Sergeant’s duty report. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Sergeants shall immediately on return from duty submit a report in writing to the movement officer if there has been any unusual occurrence during their time of duty.
24. Reserve Force. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Reserve Force consists of the police sanctioned for miscellaneous duties such as guards, escorts, orderlies, police supplied to private individuals, emergency force, etc.
(b) The Reserve Force shall be under the immediate control of the Deputy Commissioner, Reserve Force.

(c) Officers and men not permitted by general or special orders to live elsewhere shall live in barracks.

(d) A jemadar or the seniormost head constable shall be in immediate control of the head constables and constables. He shall be responsible for the discipline of the Force in the guards and for the distribution of duties there. He shall look after the welfare of head constables and constables of the Reserve Force.

(e) The jemadar shall, –

(i) inspect all men leaving for duty and see that they turn-out, properly fully conversant with the duties that they are to perform.

(ii) see that the barracks and cook-shed are kept clean and ready for inspection at the fixed times.

(iii) see that men detailed for duty leave at the proper time and take such action as may be necessary if they did not return at the due time.

(iv) hold roll-call daily at 21.00 hours and then read such gazetted notification or other orders issued by Deputy Commissioner, Reserve Force, from time to time.

Note. – It is the duty of the Reserve Officer, Reserve Force, to bring to the notice of the jemadar such instructions or orders as should be communicated to the Reserve Force.

(f) The Reserve Force shall be divided into platoons and sections each platoon being commanded by a sergeant and having 3 sections consisting of 12 to 16 Constables in charge of a head constable. The head Constables in charge of a section shall be responsible for the behaviour, general turn-out and the welfare of the men under them. They shall bring to the notice of the Platoon-Commander or Jemadar any grievance or request that the men may wish to make.

(g) Men wishing to leave their barracks when off duty shall inform the duty head constable and shall enter particulars in the Movement Book after obtaining orders from the jemadar. No man may absent himself without the permission of the jemadar or the seniormost head constable present.

If leave of absence is required for more than 4 hours or between 22.00 hours and 06.00 hours the permission of the Officer-in-charge shall be obtained.
Men allowed late pass shall report their return to the duty head constable and shall note the time in the Movement Book.
(h) Music or celebrations of any kind are forbidden except with the previous permission of Deputy Commissioner, Reserve Force.

25. Police supplied to private individuals. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – To meet requisitions from private individuals and public bodies, e.g., Corporation of Calcutta, management of cinema houses, etc., for the supply of police on payment of prescribed fees a police staff is maintained. The scales of fees at daily rates charged from the parties and credited to Government as receipts are shown below :-

Rs.
(a) Sergeant………………………………………………………………… 50
(b) Head Constable……………………………………………………… 32
(c) Constable……………………………………………………………….. 14

II – Calcutta Mounted Police

26. Calcutta Mounted Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Calcutta Mounted Police is a section of the Calcutta Police Headquarters Force, and is in charge of an Inspector of Police under the control of the Deputy Commissioner of Police, Headquarters.
27. Functions of the Mounted Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The chief function of the Mounted Police is the controlling of crowds on the maidan and the race course gates during the race meetings, and in public meetings in parks and open streets, besides escorting various kinds of processions and religious festivals., e.g., Muharram.
28. Inspector, Calcutta Mounted Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – An Inspector is in the executive control of the Mounted Police, and his main duties are to train the recruits, allot and supervise the duties of his officers and men, administer medicine to sick horses, or to arrange for necessary medical treatment of the same, inspect the Maidan clubs and tents to see that the existing regulations are not infringed, and to supervise the Mounted Police establishment. He is responsible for the efficient working and administration of the Force under him.
29. Quarter Master Calcutta Mounted Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The officer next to the Inspector in seniority and rank may be a Sub-Inspector or Sergeant who is called the Quarter Master whose duties are to take care of the horses, to control the menial staff, and to supervise the cleanliness of the stable fodder godown and the compound of the Mounted Police barracks.
In the absence of the Inspector of Mounted Police the Quarter Master will be in general charge, and allot duties.
30. Recruitment. – The Sowars are recruited from the Calcutta Police constables or from among the people outside the force who are usually given a riding test before recruitment.
Sergeants for the Calcutta Mounted Police are not directly recruited, but are selected from the Reserve Force if found suitable after a riding test.
31. Riding School. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The riding school shall be held daily excepting on holidays for training the new recruits and for keeping up the practice of other members in riding, jumping, sword and dance playing and revolver firing. The curriculum shall the include lessons in saddlery and first aid.
Members when not on duty shall attend the riding school every morning except on Thursday, Sundays and holidays.
32. Routine Duties. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The daily routine duties of the Mounted Police will be –
(1) Patrolling the Race Course and the Maidan during day and night.

(2) Supervising the work of the syces regarding grooming, watering and feeding of the horses.

(3) Reporting erection of any unauthorised permanent structures of any Club tents in the Maidan.

Besides the above, during the race meetings the Calcutta Mounted Police shall manage the different dropgates of the Race Course and otherwise assist the Traffic Police in and around the Race Course.
The Calcutta Mounted Police shall also regulate the crowd when various sports are held in the Maidan.
33. Registers and Records. – The registers and records maintained in the Calcutta Mounted Police are shown in Appendix –
(See Appendix to Reg. 90 of Chapter IV, Privileges and General Instructions.)
III – Motor Transport And Mechanical Conveyances

34. Functions of the Calcutta Police motor transport and mechanical conveyances. – The Calcutta Police maintains a large number of motor vehicles and mechanical conveyances, viz., cars, weapon carrier, flat lorries, trucks, wireless vans, prison vans, jeeps, buses, motor cycles and push cycles for the –
(i) movement of Police force to their places of duties or to convey them to affected areas during disturbances, riots, hartals, etc.,

(ii) arrangements of regular, and special patrols of Police units and wireless vans for maintenance of law and order, and also to keep the Police Headquarters constantly informed of all the important happenings in the city,

(iii) conveyance of prisoners to court, lock-ups and jails,

(iv) removal of unclaimed deadbodies to the Police morgue for postmortem examination,

(v) despatch and delivery of urgent and confidential letters, papers, etc., to different police stations, offices and officials, and

(vi) supply of motor transport for other miscellaneous duties of the Police.

The number of vehicles of different types to be maintained is fixed by the Government from time to time.
35. Control of the transport system and allotments of vehicles to division and departments. – The entire Police transport system including allotments to different divisions and departments shall be under the Transport Department, LallBazar. The Deputy Commissioner, Headquarters, shall control and supervise the Department. A number of vehicles will be allotted to different divisions and departments, the immediate control of which so far as distribution, allotment or use is concerned shall rest with the divisional and departmental Deputy Commissioners. They shall however be checked, maintained and supervised, as and when necessary by the Transport Department, LallBazar.
The vehicles allotted to the transport pools of divisions and departments are not allotment to individual officers. They shall not be used for any purpose other than Government work.
36. Use of Government Vehicles by officers drawing Motor Car allowance. – Officers drawing motor car allowance should not be allowed to use Government vehicles on official business except –
(a) during emergencies, such as, riots and strikes when it would be unsafe or otherwise inexpedient to use their own vehicles; and

(b) when going out on tours outside 5 or 10 miles limit, as the case may be.

37. Officer-in-Charge, Transport Department. Divisional or Departmental Transport Officers. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A Police Officer designated as the Officer-in-charge, Transport Department, shall be in immediate charge of the Transport Department, LallBazar.
One officer in each division, or department, shall be deputed as Transport Officer who shall remain in charge of all the transport of the division or department, in addition c to other Police duties.
38. Duties of Transport Officers. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of the Officer-in-charge, Transport Department, and other Transport Officers shall be to look after the safety and proper up-keep of the Police vehicles under their charge and their efficient and economic utilisation for mobilisation of the Police force or for any other Government work. They shall keep account and control over the vehicles in their charge, and maintain registers and books for the purpose.
They shall put up a daily statement in the morning to the Assistant Commissioner, Headquarters, showing total strength of vehicles, vehicles sent for repairs and received back after repairs, petrol consumed, drivers’ strength including absentees, leave, casualties, reserves, etc.
A monthly check shall be made of all the vehicles that have been issued to different Police units by the respective Transport Officers and they shall send reports through their Deputy Commissioners to the Officer-in-charge, Transport Department.
They shall see that the renewals of tax tokens of the vehicles in their charge are done before expiry of the period.
39. Maintenance, Service and repair of Motor vehicles. – All Police vehicles shall be maintained properly and serviced and repaired as soon as defects are noticed. All vehicles needing repair shall be sent to the Officer-in-charge of the Service Depot, and, except in an emergency no vehicle shall be repaired by a private firm. For such repairs previous sanction of the Deputy Commissioner, Headquarters or the division or department concerned shall be required.
40. The Service Depot to execute repairs of vehicles. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Officer-in-charge of the Service Depot shall see that vehicles sent for repairs do not remain in the Depot indefinitely. Every vehicle must be attended to as soon as it is placed there.
The Officer-in-charge, Transport Department or an officer specially deputed by him, shall daily visit the Service Depot and other repairing firms if any, to ascertain the progress of repairs to vehicles.
41. Supply of Petrol to Motor Vehicles. – There are three petrol pumps under the Calcutta Police. One is at North District Office at 113, Acharya Prafulla Chandra Road, the second is at Body Guard Lines at 7, Diamond Harbour Road and the third is in the compound of Lallbazar Headquarters. The first two petrol pumps function daily from 07.00 hours to 10.00 hours except on emergency when they shall be kept open from 16.00 hours to 17.00 hours, in addition to the morning shift.
The petrol pump at Lallbazar compound functions from 06.00 hours till 00.00 hours. In case of emergency if any vehicle requires petrol beyond the hours mentioned above a requisition countersigned by the respective subdivisional Assistant Commissioner be produced for getting petrol from this pump.
The undermentioned units will draw petrol for police vehicles except jeeps from the Body Guard Line petrol pump :-
(1) Calcutta Armed Police vehicles attached to Body Guard Lines.

(2) Special Branch vehicles.

(3) South District vehicles.

(4) Traffic Police vehicles attached to guards house in Police Training School and East Guard.

(5) Vehicles attached to Calcutta Police Hospital.

The following categories of vehicles will draw petrol from North District Petrol Pump :-
(1) Calcutta Armed Police vehicles attached to Talla Park.

(2) Traffic Police vehicles attached to Shyambazar Traffic Police, and Jorabagan Traffic Police Guards.

(3) North District Vehicles.

The remaining vehicles except vehicles of Port Police will draw petrol from Lallbazar Petrol Pump. No vehicles except those attached to Port Police will draw petrol from any other place than the abovementioned three petrol pumps.
42. Care of Motor Vehicles when not in use or on streets. – As far as possible all vehicles shall be secured by chair and lock when not in use. The key is to be kept in the Transport Office in the case of Lallbazar, and with other responsible officers in the case of the divisional or departmental pool according to the direction of the Deputy Commissioner concerned. The officer on duty shall make over the key to the driver when the vehicle is in use and get his signature.
No vehicle shall be kept unattended on the street or any other place.
43. Daily cleaning and check of Motor vehicles. – Every vehicle must be daily cleaned and checked. Vehicles shall be serviced at least once a week. For the purpose of daily cleaning the following should be attended :-
(1) Petrol (2) Engine oil, (3) Brakes, (4) Battery, (5) Oil pressure, (6) Ampere meter, (7) Spedometer, (8) Lights, (9) Horn, (10) Tyres and tyre pressure,
(11) Seats and cushions, (12) Water in radiator, (13) Fan, (14) Dents or damages.
Cases of negligence which, result in deterioration of vehicles other than normal wear and tear shall be severely dealt with.
44. Motor vehicles to carry command certificates. – Whenever a vehicle goes out, it must have a command certificate with necessary details filled up, signed by an officer not below the rank of an Officer-in-charge of a police station except in great emergencies which shall be certified suitably. On return, the driver shall certify on its reverse the places visited by him under countersignature of the seniormost officer accompanying the vehicle.
The Transport Officers of all divisions and departments will keep these command certificates in respect of each vehicle under their charge on file in serial order for future reference.
All Command Certificate Books shall be numbered serially showing dates of commencement and finish.
The name, designation and department of the officer accompanying the vehicle as well as the purpose for which the vehicle is used shall be written in gist on the command certificate or duty slip.
45. Replacement of unserviceable Motor vehicles. – If any vehicle becomes unserviceable or beyond repair, it shall be sent to the Officer-in-charge of the Service Depot. If he finds it to be unfit for further use, he shall send the same to the Director-in-charge of Central Workshop at Belgharia for opinion. If he recommends condemnation the matter shall be brought to the notice of the Commissioner by the Deputy Commissioner, Headquarters, for moving Government for orders.
46. Allotment of vehicles to particular drivers. – Each vehicle shall be allotted to a particular driver or drivers so that responsibility for any damage, misuse, pilfering, etc., can be fixed. It shall be seen that no driver gets any opportunity to mishandle the vehicle and damage it by negligence.
47. Flying Staff to check Motor vehicles. – A flying checking staff shall be maintained by the Transport Department, Headquarters, to check up vehicles on roads and in different centres. The cheek shall be of surprise nature, and shall be done with the least interference in work.
48. Shift duties of officers of the Transport Department, Headquarters. – An officer shall be detailed in the Transport Department per shift to check issue of petrol and other stores, and certify in each case in the Log Book and Issue Register.
Shift arrangement for the next day shall be prepared one day in advance.
The shift officer shall see that all the vehicles excepting the wrecker and the corps disposal van are not sent out at one time and must keep in reserve some vehicles and drivers to meet emergencies.
49. The Driver to examine the machine before he starts for duty. – Before a driver takes out a vehicle (including motor cycle) he shall see that everything is in good order and bring any defect to the notice of the Garage Sergeant or the Officer-in-charge of the section, as the case may be. Failing this, it shall be assumed that the vehicle was in good order when taken out.
50. Police Drivers to obey traffic rules. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – All Police drivers shall obey the traffic rules and avoid rash and negligent driving. Any one found infringing the regulation shall be severely dealt with.
51. Attendance of drivers. – Regularity in attendance on the part of drivers shall be strictly insisted upon. Before sending out the drivers in each file, the officer on file duty shall check them up and certify on the attendance form.
52. Drivers involved in accidents. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Any driver involved in an accident or collision whether damage is caused or not shall submit report to the police station concerned, and also a report, in duplicate, with full details to the Officer-in-charge, Transport Department or to the Transport Officer of his division or department, as the case may be, immediately on his return to Headquarters or to the unit.
The divisional or departmental Transport Officer shall send such report to the Officer-in-charge, Transport Department, who shall put up the report to the Assistant Commissioner, Headquarters, for necessary action.
53. Duty slip for drivers of Headquarters. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – No Police vehicle of Headquarters shall leave the compound without its driver having a duty slip from the Garage Sergeant which he shall make over to him on return. The driver shall report the vehicle number, the time during which the vehicle was out, the destination, etc., to the officer on duty at the Out-Gate.
54. Report of vehicle number, etc., of divisional or departmental pool at Lallbazar. – Any Police vehicle of a divisional or departmental pool visiting Lallbazar for whatsoever purpose shall report to the Out-Gate Sergeant the vehicle number, time of leaving the compound and destination.
Failure on the part of any one to do tins or any attempt to evade the regulation shall be liable to departmental action.
55. Stores to be kept under Lock and Key. – All stores of the Transport Department shall be kept under lock and key, the Central Transport Officer being responsible for enforcement of this regulation.
56. Payment of bills for petrol, etc. – A1 bills for petrol submitted by different oil companies shall be put up to the Assistant Commissioner, Headquarters, in a register who shall pass payment order of such bills. Great care shall be taken by the Officer-in-charge, Transport Department, against double payment of bills. Bills for grease, spare parts, etc., shall be checked by the Officer-in-charge, Transport Department, with reference to his store register and defect register, and thereafter he shall send the same to the Officer-in-charge, Police Service Depot, to arrange for payment.
57. First Aid outfits. – First aid outfits shall always be carried on wireless vehicles on patrol duty in the streets.
58. Only Police officers or mechanics shall be carried in motor cycles. – Only Police officers or mechanics shall be carried in side cars or pillions of motor cycles.
59. Push Bicycles. – (a) All push bicycles allotted to different divisional and departmental offices, units or police sections shall come under the respective divisional and departmental pool of transport. The divisional or departmental Transport Officers shall maintain a Disposition Register for them.
(b) Officers in charge of sections or units shall be responsible for these push bicycles. They shall see that the machines are not roughly handled or used by persons who are not required to use them in connection with their duties.

(c) Push bicycles shall ordinarily be used for despatch or delivery of urgent papers, messages or daks from the sections or units.

(d) Ordinarily one or two constables or orderlies shall be entrusted with bicycles who are to use them according to the shift of their duties.

(e) All bicycles shall be kept neat and clean always and oiled regularly.

(f) Any loss of or damage to Government bicycles shall be entered in the General Diary, and the matter be enquired into so as to fix up the responsibility or carelessness of the person at fault. In case it is found that the damage or loss was due to the negligence of a particular officer, steps shall be taken for recovery of the cost from him.

(g) No cycle shall be used without light after dusk in any circumstances.

(h) All repairs or replacement of parts of push-cycle shall be arranged by the Officer-in-charge, Transport Department, Lallbazar. All sections or units shall send such push cycles to him for repairs or replacement with a brief statement of facts as to the cause of such repairs or replacement.

(i) A bicycle is due for replacement ordinarily after continuous use of five years. When the replacement or purchase of a new machine is required, it shall be done by the Transport Department, Lallbazar.

60. Drivers’ Register. – Registers for drivers shall be maintained in Transport section, Lallbazar, in Wireless section, Lallbazar, and in the Armed Police, and their daily attendance shown. In police stations and other units the drivers’ attendance is noted in the register along with constables.
61. Defaulters’ Register. – Defaulters’ register shall be maintained in Transport Department for putting up names of the members of the staff guilty of breach of discipline or misdeed to the Assistant Commissioner, Headquarters, for necessary action.
62. Stock Book. – One stock book for all motor vehicles, another for motor cycles, and a third for push bicycles shall be maintained by the Transport Department. These books shall show the number and dates of Government orders sanctioning their purchase, actual dates of purchase, makers’ names, engine numbers, registration numbers, etc., for references.
Particulars of fitting, etc., where necessary, shall also be entered in this book.
63. Store Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A register of stores shall be maintained in two parts by the Transport Department. Part I shall contain particulars of stores purchased, e.g., petrol, oil, grease, spare parts, etc. Two or more pages are to be set apart for each item according to the frequency of its purchase.
In part II, the particulars of stores issued in a day shall be entered. A number of pages are to be sent apart for each vehicle.
All issues shall be receipted by the driver concerned, and entered in the Log Book at the same time under the signature of the issuing officer.
These registers are to be put up to the Assistant Commissioner, Headquarters, for scrutiny and signature whenever .fresh entries are made therein.
64. Log Book. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Each Police vehicle must carry a Log Book, and details of journey should be entered in it under certificate of the driver as soon as the journey is complete. The entry is to be certified by the senior officer making journey by putting his signature at the end. The distance travelled should be noted against each trip, and in case the distance-meter is not working, the approximate distance covered shall be noted. At the end of each month, a certificate showing total distance run during the month per litre shall be noted in the Log Book.
The quantity of petrol, mobil oil and grease shall be entered in the book at the time of their issue (see Regulation 63) under the drivers’ certificate. The entry in the Log Book shall show the date and time of departure and the measurement of petrol in the tank in case the vehicle is sent to the Police Service Depot for the purpose of repairs. The Transport Officer

Date and time.

Place where damage caused.

Nature of damage.

Case ref., if any.

Date of repairs.

Remarks.

65. Register of vehicles. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A register of vehicles shall be maintained showing strength, issues, availability, repairs, source of receipts location, fitting, etc., by each Transport Officer. This register shall be kept always, up-to-date and checked by the Central Transport Officer once a week.
66. Order Book. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – All orders for stores shall be entered in an Order Book containing the following columns :-
1. Order number.

2. Date.

3. Description of stores ordered.

4. Date of receipt and page number of the store book.

5. Number, date and amount of bill submitted by the firm.

Bills shall be put up to the Administrative Officer, Calcutta Police, for payment along with the Order Book, and he shall initial the letters P.O.P. on the bills and in the Order Book.
67. Defect Register. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A register shall be maintained by Transport Officers for noting all defects of vehicles and their subsequent repairs either locally or by the Police Service Depot.
68. Books and Registers. – The registers and records maintained by the Transport Department are shown in Appendix.
(See Appendix to Reg. 90 of Chapter IV, Privileges and General Instructions).
69. Complaints, etc., to be entered in General Diary. – Complaints against drivers or on any other matter of interest concerning the Transport Department shall be entered in the General Diary maintained in the Lallbazar Garage or in the offices where they may be attached for duties.
IV – Calcutta Police Wireless Section

70. Function of the Wireless Section. – Rapid transmission of information on all important matters happening in the city and its suburbs to the Headquarters, and when necessary, to the divisional Police, for immediate action is the main function of the Wireless section. For the purpose of collection of information mobile wireless units patrol the streets during day and night in varying strength to suit the time or the situation. In case of apprehension of a breach of peace in a big-scale in his area, a divisional Deputy Commissioner may requisition the services of mobile units to keep him directly informed of the situation.
71. Control of the Wireless Section. – The Wireless Section is under the immediate control of the Deputy Commissioner, Headquarters, subordinate charge being held by an officer of Inspector’s rank ordinarily.
72. Staff of the Wireless Section. – The staff of the section consists of, an Inspector, Sergeant Supervisors, Mechanic Supervisor, Sergeants and other technical personnel comprising mechanics, operators, etc.
73. Duties of the Inspector, Wireless. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of the Inspector shall be both technical and administrative. He shall exercise general supervision over the workshop, power house, mobile unit, equipment and office establishment and check up the duties of the technical staff.
He shall maintain a liaison with the Wireless Adviser, Government of West Bengal, and seek his advice and opinion whenever necessary on technical matters.
74. Duties of the Mechanic Supervisor and Mechanics. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Supervisor shall be responsible for the proper working of the workshop and maintenance of all sets and equipments there. He shall be assisted in his work by other mechanics. He shall daily check the equipments, batteries and plants, and arrange for repair of any break-down in the services immediately.
All repair works shall be done under the supervision of the Inspector.
75. Duties of Sergeant Supervisors, Sergeants and Wireless Operators. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Sergeant Supervisors, Sergeants and operators of Wireless Section shall work in three shifts as control operators at Headquarters, or in mobile units, arranged from time to time, and shall work in two shifts if situation demands.
The Sergeant Supervisor shall be the duty officer in his shift.
76. Registers and Records. – The registers and records to be maintained by the Wireless Section are shown in Appendix.
(See Appendix to Reg. 90 of Chapter IV, Privileges and (General Instructions.)
V – Calcutta Police Telephones

77. Private Bench Exchange of Calcutta Police. – The Calcutta Police Private Branch Exchange (P.B.X.) at Lallbazar, Elgin Belvedre, Circular, and Dock through which all Sections, departmental officers, divisional offices, etc., can be inter-communicated without calling the main public exchanges of the Indian Posts and Telegraphs Department is under the charge of an Inspector of the Headquarters Force. He supervises the work of a staff of operators employed in these exchanges.
78. Instruction for use of P.B.X. Telephones. – Detailed instructions for use of the P.B.X. telephones shall be found on the Telephone Directory of the Calcutta Police P.B.X. system issued from time to time.
79. General Instructions for the use of Police telephones. – (a) Admission of outsiders to Police exchanges is strictly forbidden.
(b) Operators found tapping a line in the course of their duties to overhear a call shall be liable to severe punishment.

(c) All officers using telephones shall see that they are not misused, and that proper care is taken of the instruments placed in their charge.

(d) All calls must be attended to speedily, and in no case shall telephone lines be held up unnecessarily.

(e) Any loss, damage or defect to the instrument shall immediately be brought to the notice of the Inspector in charge of Telephones, Lallbazar. No private repair of the instrument or its handling by any unauthorised person is permissible. Any one found tampering with the Police telephones shall be severely dealt with.

80. Trunk calls through P.B.X. – Trunk telephone calls shall not be made through P.B.X. without previous permission of a Deputy Commissioner of Police. Before the call is made, its particulars must be furnished to the P.B.X. operator for record in the relevant register with a view to checking the charges when claimed by the Indian Postal Department.
81. Registers and Records. – The registers and records to be maintained by the Calcutta Police P.B.X. offices are shown in Appendix.
(See Appendix to Regulation 90 of Chapter IV, Privileges and General Instructions.)
VI – Calcutta Police Control Room

82. Function of the Control Room. – Information of any trouble or apprehension of trouble is received in the Control Room, and quick action is taken. Besides, it is also the function of the Control Room to collate all information. The Control Room functions under four broad heads: (a) Action Room; (b) Message Room; (c) Liaison; (d) Movements.
83. Action Room. – In normal times an Inspector is in general charge of the Action Room. He receives all massages from the Message Room and deals with them according to their nature. Massages coming into Control Room are varied, and it may mean that information has to be passed on to the local Police, or in the case of requests for armed escorts or flying squads required for a purpose, the Inspector-in-charge directs the messages to Officer-in-charge, Movements.
84. Duties of Officer-in-charge, Control Room. – The Officer-in-charge, Control Room, shall not rely entirely on the Message Room for his information. He is to be in constant touch with the situation in the city through the Wireless Section, and has a Speakaphone by his side for this purpose. Wireless vans patrolling the streets report to the Wireless Centre in Headquarters any untoward incident, and this is relayed through the Speakaphone to the Officer-in-charge, Control Room, for information and necessary action.
Should an incident of a communal nature or otherwise important, be reported, the Officer-in-charge, Control Room, shall inform the Commissioner and Deputy Commissioner of Police, Headquarters, or in their absence Deputy Commissioner of Police, Detective Department.
85. Duties of assisting officers in Control Room. – To assist him in the Control Room, the Officer-in-charge, Control Room, has two officers who shall record in the General Diary information received through the wireless or the telephone, and take proper action on them. They shall also maintain a register into which is entered the daily commitments sent out from Headquarters. This shows the number of flying squads, their destination and the time of going out and returning. The time of return is note down from the Command Certificates which are sent to the Control Room from the Movements Office after each shift. Armed pickets are also logged, as also disposition figures, from the Disposition Board.
They also plot the maps in the Control Room during the time of disturbances, showing exactly the location and its nature by means of coloured pins and are also responsible for writing down in the incident broad details such as time, police station, location, description, police action, casualties, etc., as they are reported. They also keep the ‘Incident Chart’ whereon is written the particulars of the day’s incidents. They also maintain an ‘Orders for Control File’ – a file on day-to-day police arrangements, and a ‘Daily incident File’ wherein go all the day’s massages.
The Officer-in-charge, Control Room, has on his table three ‘General Purpose’ telephones. Besides, there is another connected to the Armed Police Lines at B.T. Road. This affords a quick means of communication. There is also a phone direct to Deputy Commissioner of Police, Headquarters’ Office. This is used, should, the Deputy Commissioner, Headquarters, wish to speak to the Officer-in-charge, Control Room, or when the Officer-in-charge wishes to contact the Deputy Commissioner, Headquarters, on an urgent matter. There is also a ‘Remote Control Receiver’ which is connected with Wireless Control. This receiver is used only when the Officer-in-charge, Control Room, wishes to speak to a particular wireless car on the streets or vice versa, or should the Commissioner wish to contact Officer-in-charge, Control Room, when he is out in the city, and has orders of an important nature to pass on.
86. Control Room, Switch Board. – Messages intended for Control Room come through the Lallbazar Exchange to the Control Room Switch Board, Here the operator connects with either the Message Room or the Officer-in-charge, Control Room, as the case may be. The Control Room Switch Board also has a direct connection with Deputy Commissioner of Police, Detective Department’s office and Control Board of the Inspector-General, West Bengal.
87. Message Room. – The Message Room has six in-telephones manned by Police officers. The duty of these officers is to record the messages in duplicate in registers kept for the purpose, the original of which is sent to the Officer-in-charge, Control Room, for information and orders. In the Message Room are also two ‘Outgoing’ phones which are used for sending out instructions of the Officer-in-charge, Control Room on messages received. These two phones are connected directly with Lallbazar Exchange. A Supervising Officer checks the work of the Message Room personnel and also contacts the Officer-in-charge, Control Room, personally for any instructions.
88. Liaison with the Military and West Bengal Police. – In case of a serious trouble in the city a liaison is maintained with the Military and the West Bengal Police for quick transmission of information and concerted action. There are three telephones in the ‘Liaison Room’ which are manned by a Military Liaison Officer and a Bengal Police Liaison Officer.
89. Duties of the Officer-in-charge, Movements. – Information pertaining to the force sent-out daily from Headquarters is obtained from the Officer-in-charge, Movements. He is to enter his commitments in flying squads, pickets and miscellaneous duties on the board meant for the purpose, and also to write up the Disposition Board from time to time showing what force is available for immediate mobilisation in the event of trouble.
90. Commissioner’s room. – Adjoining the main Control Room is the Commissioner’s room which has two telephones. One is connected to the Control Room switchboard, and the other to Lallbazar Exchange. Important persons are received in this room so that the Control Boom may function without interference.
VII – Central Lock-Up

91. The Central Lock-up. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Central lock-up is located within the precincts of the Calcutta Police Heaquarters at Lallbazar, and is quite distinct from the divisional lock-ups or section house, i.e., police station lock-ups. It ordinarily accommodates the following classes of prisoners arrested by the Police, and held in custody whether under remand or otherwise.
(b) (i) All female prisoners, (ii) All prisoners classed as Division I, (iii) All prisoners of dangerous character, (iv) All prisoners charged under section 377, IPC; and (v) All prisoners suffering from minor illness not requiring treatment in a regular hospital.

92. Maximum number of prisoners to be accommodated in a cell. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The maximum number of prisoners to be accommodated in each cell shall be noted above the door of the cell, and these figures shall not be exceeded without orders from the Deputy Commissioner of Police, Reserve Force. Separate accommodation shall be provided for Division I and Division II prisoners.
93. Classification of prisoners. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The classification of prisoners shall be made by the Assistant Commissioner of the division or department responsible for the prisoners. He shall endorse on the Lock-up Pass the words ‘Division I’ or Division II’. In the absence of any endorsement, the prisoners shall be treated as Division II.
94. Admission of prisoners. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Prisoners shall be accepted in the Lock-up only on the following conditions, namely :-
(i) when brought in with a Lock-up Pass (West Bengal Form No. 4269) signed by the Officer-in-charge of a police station, or section with an authority signed by the Assistant Commissioner of the division or department responsible for the arrest or detention of the prisoners; or

(ii) when brought in under escort of a police guard who must produce a proper authority for the detention of the prisoner; or

(iii) when brought in under a remand order signed by a competent authority; or

(iv) in case of emergency, when an officer of or above the rank of Assistant Commissioner of Police so orders.

(b) Before prisoners are taken over, they shall be produced before the Sergeant (if they are Division I prisoners), or before the Assistant Sub Inspector (if they are Division II prisoners.) on duty in the lock-up. The receiving officer shall satisfy himself that :-

(i) a prisoner brought in on a Lock-up pass answers the name and description on the said Lock-up Pass;

(ii) each Lock-up Pass is signed by the Officer-in-charge of the police station or section duly authenticated by Assistant Commissioner of the division or department concerned;

(iii) the name of the guard or the person in charge of the escort tallies with that on the Lock-up Pass.

(iv) the particulars of a prisoner brought in on other than on a Lock-up Pass agree on verification with the document sent with the prisoner concerned;

(v) the prisoner is not sick or injured or drunk or incapable or does not suffer from insanity or from any infectious disease. In case of doubt, the Lock-up Doctor shall be called, and if in his opinion, the prisoner is sick or injured or drunk or incapable or insane or suffering from any infectious disease, the prisoner shall not be received in the Lockup;

(vi) the prisoner has no complaint to make against the guard or escort. If any complaint is made, the complaint shall be recorded in the diary, and shall be reported immediately to the Officer-in-charge of the Lock-up, who shall inform the Inspector, Reserve Force. All marks of injury on a prisoner shall also be noted in the Lock-up register, and if they are of a serious nature the details shall be reported to the Inspector, Reserve Force, before the prisoner is taken over from the escort.

(c) All prisoners shall be searched before admission, females by the Wardress, and males by the Sergeant (if they are Division I prisoners) and by the Assistant Sub-Inspector (if they are Division II prisoners), on duty. The receiving officer shall take charge of any valuables, braces, belts, ties, handkerchiefs, dangerous weapons, instruments, liquor and drugs round in the possession of a prisoner, and shall enter each item in the Lock-up Register and in the Lock-up Pass.

Note. – Glass, Conch-shell and iron bangles shall not be removed from the person of a female prisoner.

(d) The receiving officer, when taking over a prisoner, shall enter all particulars in the Lock-up Register. He shall also enter on the Lock-up Pass the time and date of receipt and the serial number of the Lock-up Register entry.

(e) Juvenile prisoners shall not be received, in the Lock-up, but children may accompany their mothers.

(f) Prisoners charged under section 377 of the Indian Penal Code, shall be segregated. Officer-in-charge of police stations or sections forwarding such persons to the Lock-up shall endorse the Lock-up Pass in red ink. “Accused charged under section 377 of the Indian Penal Code; please segregate.”

(g) The Sergeant in charge of the lock-up shall see that at every lock-up a constable is on gate duty and within hailing distance from the prisoners.

95. Escort of prisoners to Court. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When prisoners are sent to courts from the Central Lock-up, they shall invariably be conveyed in prison vans. The capacity of each van shall be written prominently on its body.
The Assistant Commissioner, Reserve Force, shall depute a Sergeant with the prison van whose duty shall be to put the prisoners in the van to take them to the courts. He shall arrange escorts through the Inspector in charge of movements.
The prisoners lodged in the Central Lock-up from the divisions may also be taken to court duly escorted by the Thana Police concerned. In that case the Police Officer deputed from the division with the chalan shall sit in the prison van and shall be responsible for the prisoners in transit from the central lock-up and handing them over to the Court Lock-up.
96. Maximum period of detention. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – No prisoner shall be kept in the Lock-up for a period exceeding 24 hours at a time, including Sunday and holidays, except on the authority of a remand order to police custody. The Officer-in-charge of the police station concerned hall be informed whenever a period of 23 hours has been exceeded.
97. Prisoners’ diet. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Inspector, Reserve Force, shall be in charge of the feeding arrangements for prisoners in the Lock-up; he shall supervise the work of the food contractor and see that all meals are supplied correctly. He shall check the bills of the contractor and occasionally examine the food before and after cooking, to see that a uniform standard of quality is maintained.
(b) Three meals are supplied to the prisoners at the Lock-up, viz., breakfast at about 6.30 a.m., lunch at about 11 a.m. (at 9.30 a.m. in case of prisoners to be taken to courts) and dinner at 6 p.m. The Lock-up Sergeant, in consultation with the Assistant Sub-Inspector shall give the contractor the following information to enable the latter to arrange for the meals :-

(i) Number of Division I prisoners – Non-Indian Diet.

(ii) Number of Division I prisoners – Indian Diet.

(iii) Number of Division I prisoners, who wish to be supplied with sweets, etc., in lieu of the meals prepared by the contractor.

(iv) Number of Division II prisoners – This information shall be noted in a book maintained by the contractor and signed by the Sergeant and Assistant Sub-Inspector.

(c) Division I prisoners shall be fed inside their cell. The Sergent, Assistant Sub-Inspector, and the Constable on duty shall be present, and remain until the meal is finished. Only one cell shall be unlocked at a time.

(d) Division II prisoners shall be released from their cells and fed at such place as may be fixed for the purpose. The Sergeant, Assistant Sub-Inspector, the Constable oa duty and another Constable shall be present before cells are opened, and shall remain present until the prisoners have returned to cells.

(e) Female prisoners shall be fed in their cell. The Wardress shall accompany the contractor’s servants into the cell and during the meal shall remain at the door of the cell. The Sergeant, Assistant Sub-Inspector and the Constable on duty shall remain outside the cell.

(f) All complaints regarding the quality or quantity of food supplied by the contractor shall be reported immediately to the Inspector, Reserve Force.

(g) The police station concerned must feed the prisoners before they are sent to the Central Lock-up during night time. If by chance, they cannot be fed before despatch, the diet contractor of the Central Lock-up shall supply dry rations like biscuits, fried rice, chura, and sweets to the prisoners only up to 12 midnight.

(h) Cases of hunger strike or refusal to take food shall be reported immediately to the Inspector, Reserve Force, who shall, if necessary, inform the Assistant Commissioner, Reserve Force, and the Assistant Commissioner of Police concerned. The Lock-up Doctor shall also be informed.

(i) No food or drink, other than that prescribed in the scale of diet, shall be supplied to any prisoner in the Lock-up, except under orders of the Deputy Commissioner of Police, Reserve Force.

(j) When a prisoner is permitted, as a special case, to have food other than that supplied by the contractor, the Assistant Commissioner of Police who signed the Lock-up Pass shall arrange for the supply and service of such meals.

98. Release of prisoners. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) No prisoner in the Lock-up shall be let out except in order to make him over to a Police escort party on the written requisition of the Officer-in-charge of a police station or of the Investigating Officer.
(b) No Police officer below the rank of Assistant Sub-Inspector shall sign a requisition for taking out any prisoner from the Central Luck-up. Every officer signing such a requisition shall clearly note his rank against his signature. A requisition that is not in accordance with these instructions shall not be complied with, and the officer receiving it shall make it over to the Sergeant to be forwarded to the Deputy Commissioner, Reserve Force.

(c) When a Magistrate issues orders for the release of a prisoner detained in the Central Lock-up, during his absence in court the order shall be sent by the Court Inspector to the police station or department responsible for the arrest, and an officer shall be deputed therefrom to effect the release.

99. Views and communications. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) No interview or communication with a prisoner shall be allowed in the Lock-up. Any person desirous of interviewing a prisoner, must apply to the Assistant Commissioner of the division or department concerned for the same who will, if, thought fit, issue an authority requiring the prisoner to be made over to a named officer. This officer shall produce the said authority to the Sergeant-in-charge, and remove the prisoner. Such a prisoner shall be treated as having been released and a fresh Lock-up Pass shall be required for his readmission.
(b) A prisoner who wishes to communicate with his legal adviser, or with his relatives or friends, shall be permitted to write to them. The letter shall be placed in an unsealed envelope, and sent in a separate cover by cycle orderly to the Assistant Commissioner of Police who signed the Lock-up Pass or was responsible for sending the prisoner to the Lock-up.

(c) It is strictly forbidden for any member of the lock-up staff to convey any message or letter on behalf of any prisoner to or from his relatives or friends, either inside or outside the Lock-up. Should any prisoner or outsider approach a member of the staff with this object in view, the Sergeant shall immediately be informed, and he shall report the matter to the Inspector, Reserve Force.

100. Visitors. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – No outsider, relative or friend of any prisoner and no Police officer, shall be permitted inside the Lock-up without proper authority, duly endorsed by the Assistant Commissioner of Police, Reserve Force, or, in his absence, by the Inspector on duty at Headquarters, or by the Officer-in-charge, Control. A visitors’ Register in the prescribed form shall be kept by the Police officer on duty in which particulars of all visitors other than escort shall be entered.
101. Duties of the Medical Officer. – (a) The Lock-up Doctor shall work directly under the orders of the Police Surgeon.
(b) He shall reside in the quarters provided for him.

(c) He shall inspect the Lock-up building daily and report defects from a sanitary point of view, to the Assistant Commissioner of Police, Reserve Force.

(d) He shall every morning examine all prisoners received during the previous 24-hours, and shall sign the connected entry in the Lock-up Register.

(e) He shall daily, at such time as the Commissioner may fix, attend the Lock-up dispensary to attend to sick prisoners.

(f) He shall daily examine the food supplied to prisoners and report if it is not of good quality.

(g) He shall daily examine and treat any prisoner when requested by a police officer to do so.

(h) He shall inform the Sergeant when, in his opinion, it is necessary to remove a prisoner to hospital for treatment.

(i) He shall be available, if required, when prisoners are received at night from the divisional or police station lock-ups.

102. Duties of the Sergeant-in-charge of the Central Lock-up. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A Sergeant shall be in charge of the Lock-up, and shall be responsible for its general cleanliness and for seeing that the staff are conversant with their orders, and that orders are obeyed punctually.
(b) He shall reside in the room set apart for him. He shall not leave the Lock-up except for reasons specifically mentioned below.

(c) He shall be responsible for the safe custody of Division I prisoners and for maintaining the registers pertaining to them. He shall search the male prisoners of this class, and shall check their Lock-up Passes. He shall see that proper authority is received before he allows them to leave the Lock-up.

(d) He shall refer any unusual orders endorsed on Lock-up Passes regarding special food, bedding or other privileges to the Assistant Commissioner of Police, Reserve Force, before taking action.

(e) He shall daily put up before the Assistant Commissioner, Reserve Force, the Lock-up Register of Division I prisoners, the Police Remand Register, and the daily statement of accused in the Lock-up.

(f) He shall daily put up before the Assistant Commissioner, Reserve Force, any prisoner of Division I, who wishes to see the Assistant Commissioner, Reserve Force. If there are more than two prisoners he shall obtain from the Movement Office such additional force as may be necessary for the escort.

(g) He shall leave the Lock-up for his meals at such hours as the Commissioner may fix.

(h) He shall, on no account, leave the Lock-up without making over charge either to the Assistant Sub-Inspector or the Constable on duty. If both these officers are absent he shall not leave the lock-up until he is relieved by another Sergeant sent to the Lock-up by the Movements Officer, When he makes over charge, for any period however short, he shall make an entry to this effect in the Diary, and shall mention in it name and designation of the Officer to whom he made over charge.

(i) He shall supervise the feeding of prisoners and before allowing any of them out of the cell shall assure himself that all gates are locked. He shall remain present until all prisoners have returned to cells.

(j) He shall report all complaints regarding food to the Inspector, Reserve Force.

(k) He shall not allow Division I prisoners to exercise or loiter on the verandah, but shall see that they remain in their cells until taken out under escort.

(l) He shall prepare daily in the prescribed form (i) his statement of accused received in the Lock-up during the preceding 24 hours and (ii) his statement of prisoners on remand.

(m) He shall check and sign the Meal Abstract prepared by the Assistant Sub-Inspector.

(n) He shall keep the cell key of Division I prisoners in his possession.

103. Duties of the Assistant Sub-Inspector. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) An Assistant Sub-Inspector shall be in charge of the receipt and release of Division II prisoners and of the clerical work of the Lock-up. He will be assisted in his duties by 3 constables.
(b) His hours of duty shall ordinarily be from 7 a.m. to 11 a.m. and from 4 p.m. to 8 p.m. Except as laid down below, he shall not leave the Lock-up while he is on duty, without the orders of a superior officer.

(c) He shall take over charge of the Lock-up from the Sergeant during the latter’s temporary absence and enter in the Diary the fact of having done so.

(d) He shall write up Escort Bills, Command Certificates and Railway Warrants and shall be in charge of the Railway Warrant and Command Certificate books.

(e) He shall maintain a roll of Head Constables and constables of the Reserve Force, and shall be responsible for seeing that they are deputed on escort duty in rotation. The roll shall be put up to the Assistant Commissioner, Reserve Force, when an escort leaves and again when he returns.

(f) He shall be present while Division II prisoners are fed, and shall not leave the Lock-up until all prisoners have returned to their cells. He shall also assist while Division I prisoners are fed.

(g) He shall prepare a Meal Abstract, showing the number of prisoners fed by the contractor during the preceding 24 hours and get it signed by the Sergeant.

(h) He shall daily put up the Lock-up Register of Division II prisoners (and when necessary the Escort Bills, Command Certificates and Railway Warrant Books) to the Assistant Commissioner, Reserve Force, and the Diary and the Meal Abstract to the Inspector, Reserve Force.

(i) He shall check the stock in the Central Lock-up on the last day of each month, and submit a list of deficiencies and defects to the Assistant Commissioner, Reserve Force, the next day.

104. Duties of constables. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Three constables shall be detailed for duty in the Lock-up, and shall occupy the room set apart for them.
(b) There shall always be one constable on duty. Constables shall do four hours’ duty at a time with eight hours off.

(c) When the Assistant Sub-Inspector is present the constable on duty shall act under his orders. When the Assistant Sub-Inspector is not present the office constable on duty shall himself receive and release Division II prisoners according to the orders laid down in these Regulations.

(d) The constable on duty shall make entries in columns 1-10, 12, 13 and 15-17 of the Division II Lock-up Register (West Bengal Form No. 4356). The constable shall on no account sleep while on duty.

(e) The Constable on duty shall keep the key of the Division II prisoners cells in his possession and open and close the cells himself.

105. Duties of the Wardress. – (a) The Wardress shall reside in the quarters provided for her.
(b) She shall be in charge of the female prisoners.

(c) She shall always be cleanly dressed for duty.

(d) She shall keep the keys of the female cell in her possession, and shall not hand them over to anyone without orders from the Assistant Commissioner, Reserve Force.

(e) She shall take over female prisoners from the escort after particulars have been entered in the relevant registers.

(f) She shall search all female prisoners as laid down in these regulations.

(g) When the female cell is occupied she shall remain on the verandah in front of it from sunset to sunrise and may sleep during that period. She shall not leave the verandah for a period exceeding 10 minutes and shall not leave the lock-up without the permission of the Sergeant.

(h) When the female cell is unoccupied she may leave the compound of Lallbazar, but shall inform the Sergeant where she can be found.

(i) She shall be present when female prisoners are fed and shall inform the Sergeant of any complaints the prisoners may make.

106. Inspection by Police Surgeon. – The Police, Surgeon, Calcutta, shall visit the Central Police Lock-up at least once a month.
107. Diary. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) A Diary shall be maintained in which shall be noted matters of interest (except the admittance or release of prisoners which shall be noted in a separate register), such as complaints by prisoners, the times of duty of the various men, the arrival and departure of the Doctor or the Sergeant or the Assistant Sub-Inspector, etc. It must always be clear from the diary who the senior officer present in the Lock-up is at a particular time.
(b) The Sergeant shall, when handing over charge to the officer relieving him make over to him (i) all Government property in his charge and (ii) all personal property of prisoners in his charge. He shall make an entry to this effect in the Diary, and shall also record in it the number of prisoners handed over. The relieving Sergeant shall append his signature below the report of the relieved Sergeant after making any comments he wishes to make regarding discrepancies, etc., if any.

108. Registers and Records. – The Registers, etc., maintained in the Lock-up are shown in Appendix.
(See Appendix to Beg. 90 of chapter IV, Privileges and General Instructions.)

CHAPTER VIII

Detective Department

1. Functions, responsibility and scope. – The function of the Detective Department is to help the Commissioner to control the incidence of crime in Calcutta. Prevention as well a detection of crime is the main responsibility of this department and its jurisdiction extends to the whole of the town and suburbs of Calcutta as defined under Bengal Act 4 of 1866 and Bengal Act 2 of 1866.
2. Set-up of the Detective Department. – The Detective Department shall be under the charge of a Deputy Commissioner of Police assisted by two Assistant Commissioners of Police, one being in charge of the General branch while the other in charge of the Criminal Intelligence Branch. The General Branch will include the Fraud Section, the Cheating Section, the Burglary Section, the Immoral Traffic Section, the Press Section, the Law and Research Section, the Juvenile Aid Bureau, the Public Relations Bureau, the Enquiry Office and the Detective Department Malkhana.
The Criminal Intelligence Branch will include the Homicide Squad, the Dacoity and Armed Robbery Squad, the Robbery and Snatching Squad, the Bomb Squad, the Motor Car Theft Squad, the Note Forgery and Counterfeit Coin Squad, the Special Section dealing with preventive detentions, the Watch Section, the Criminal Record Section, the Criminal Intelligence Record Section, the Central Malkhana and the four Sections of experts specialized in Fingerprint, footprint, Plan Making and Photography.
3. Set-up of the different Squads and Sections in the Detective Department. – The Detective Department will be made up of a number of Squads and Sections dealing with specialized types of crime.
Each Squad or Section of the Detective Department shall be in charge of an Inspector or a senior Sub-Inspector of Police who shall be responsible for the smooth and proper working of the Squad or Section. The Officer-in-charge of the Squad or Section shall ensure that officers working under him submit their personal diaries, write out their case diaries and submit reports about enquiries assigned to them Each Officer-in-charge shall maintain his Crime Index and Process Register to keep track of papers and enquiries.
4. Issue of Identity Cards. (Section 3, Bengal Act II of 18(56) (Section 9, Bengal Act VII of 1866). – Every officer posted to the Detective Department shall be supplied with an identity card carrying his photograph with the countersignature of the Deputy Commissioner of Police.
Identity cards shall be shown to superior officers and members of the public on demand.
5. Procedure of taking up cases. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Cases may be taken up on direct complaints made to the Deputy Commissioner of Police, Detective Department, or to any of his Assistant Commissioners. The Deputy Commissioner or his Assistant Commissioners who are under section 551 of the Code of Criminal Procedure, 1898, invested with the powers of Officer-in-charge of every police station in Calcutta, shall endorse the investigation to an officer exercising the powers of investigation, who shall thereupon start a case at the appropriate police station and proceed with his day-to-day investigation according to law. When investigation is completed the chargesheet shall be routed through the designated Officer-in-charge of the police station where the case has been registered.
Cases initially registered at police station may be taken charge of by the Detective Department under orders of the Commissioner or by mutual arrangement with the Divisional Deputy Commissioner and the Deputy Commissioner of the Detective Department. In such cases also the investigation shall be completed by the Detective Department Officer entrusted with the case who shall submit his chargesheet or final report through the designated Officer-in-charge.
While investigating cases, officers of the Detective Department shall be exclusively under the direction and control of the Deputy Commissioner of Police, Detective Department, and his Assistant Commissioners.
All exhibits and personal properties seized in connection with such investigations shall be kept for safe custody in the Detective Department Malkhana pending disposal under orders of the Court.
6. Assistance to other units. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – In complicated cases investigated by other units and police stations, when specialized help of Detective Department officers is requisitioned by the Deputy Commissioner concerned, officers of the Detective Department rendering such help ball act only in an advisory capacity and shall, on no account, make themselves responsible for the investigation which shall continue to be the responsibility of the designated Investigating Officer and his superiors. Particulars of assistance rendered by officers of the Detective Department shall be forthwith reported to the Deputy Commissioner, Detective Department.
7. S.R. Cases and Progress Reports. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Types of cases which are to be treated as Special Report ones have been enumerated in a regulation published in the “Calcutta Gazette, Extraordinary”, dated 27th June, 1963 under notification No. 23 (PRC/ Ch. III), dated 14th June, 1963.
Copies of progress reports of cases investigated by the Detective Department shall be sent to the Deputy Commissioner concerned from time to time.
8. Prosecution of members of organised criminal gangs. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – In the case of prosecution of members of organised criminal gangs whose activities extend far and wide, investigation shall be taken over by the Detective Department. In every instance, the Director of Public Prosecutions shall be consulted regarding the advisability of a gang case and prosecution shall not be launched without the approval of the Commissioner. To prove an offence under section 400 or 401, IPC, the greatest importance shall be attached to the collection of evidence necessary to prove the previous criminality and association of the gang members.
9. Correspondence with Legal Remembrancer and Government in respect of certain cases. – The Commissioner of Police, Detective Department, shall be responsible for all correspondence with the Legal Remembrancer and different departments of Government in respect of the investigation and trial of important cases on behalf of the the Commissioner. On receipt of applications from Deputy Commissioners regarding preferring of appeals, motions and revisions, appointment of lawyers and appointment of special courts, the Deputy Commissioner of the Detective Department shall scrutinise the documents and expeditiously bring the matter to the notice of the Legal Remembrancer. Care must be taken to ensure that the Deputy Commissioners forward typed copies of brief facts of the case, judgment, grounds of appeal and comments of the Public Prosecutor or the Director of Public Prosecutions along with their applications for appeal, motion or revision. For allotment to special courts and appointment of panel lawyers, brief facts of the case and the comments of the Public Prosecutor in cases triable by special court should be forwarded. Brief facts of the case, memo of evidence, opinion of the Public Prosecutor and draft sanction should invariably accompany every application for sanction of prosecution under the Explosive Substances Act. On receipt of such application, the Deputy Commissioner of the Detective Department shall, on behalf of the Commissioner, immediately write to the Home (Political) Department of the Government for necessary action.
10. Action against Goondas. – The cases of goondas externed from the city shall be dealt with by the Detective Department. Goondas returning to the city before the expiry of their term of externment shall be prosecuted.
Preventive detention of ruffians for goonda activities shall be the responsibility of the Detective Department. When a person is, in the opinion of the Divisional Deputy Commissioner of the area concerned, engaged in uncontrolled rowdyism, his history sheet together with extracts of documents in support thereof shall be forwarded to the Deputy Commissioner of Police. Detective Department, who shall scrutinise the records and put up his recommendations to the Commissioner. If the Commissioner is satisfied about the necessity of preventive detention of the subject, steps shall be taken to apprehend him and send him to jail. All matters relating to the preventive detention of goondas shall be dealt with in the Special Section of the Criminal Intelligence Branch, Detective Department.
The Deputy Commissioner, Detective Department, and the Assistant Commissioner, Criminal Intelligence Branch, shall scrutinise the Registers of Roughs maintained at different police stations and call up the Assistant Commissioners, Officers-in-charge and the officers entrusted with the prevention, of rowdyism in the area for discussion with a view to undertaking concerted action from time to time.
11. Record of Court Comments. – In addition to the “Register of Comments by Courts” maintained at each unit by its Deputy Commissioner of Police, a Stricture Register and an Appreciation Register for the whole of Calcutta Police shall be maintained by the Deputy Commissioner, Detective Department. Entries in these registers shall be chronological and serially numbered every year.
“Registers of Comments by Courts” of different units shall be brought to the Deputy Commissioner of Police, Detective Department, from time to time for comparison with the Stricture Register and Appreciation Register maintained here for purposes of scrutiny.
12. Note Forgery and Counterfeiting. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Deputy Commissioner of Police, Detective Department, shall obtain lists of forged notes tendered at the Reserve Bank of India from time to time and undertake thorough enquiry about the tenderers. Scientific information regarding forged notes received from Nasik Security Press and the Intelligence Bureau, New Delhi, shall be circulated amongst police officers and effective vigilance organised in order to track down and prosecute gangs of note forgers. In respect of counterfeit coins also the same vigilance should be exercised with the exception that here action shall be co-ordinated with the Mint Master, Calcutta.
Every note forger or counterfeiter arrested anywhere in Calcutta shall be produced before the Officer-in-charge, Note Forgery Squad, Detective Department, immediately after arrest for purposes of interrogation.
13. Enforcement of Press and Registers of Books Act, West Bengal. Undesirable Advertisement Control Act, 292 IPC, & 99A, Cr. PC. – Up-to-date information concerning newspapers, periodicals and publications of every kind shall be maintained in the Press Section of the Detective Department. Particulars of printing presses in the city shall also be maintained here. Enquiries regarding printing presses and publications and verification of returns shall be the responsibility of this section. Prosecution of editors and publishers of newspapers and periodicals and keepers of printing presses under orders of the Government shall be launched from here.
Action against sale of obscene pictures, photographs, books and films, display of obscene posters with or without pictures and sticking of objectionable bills advocating the use of dubious remedies for secret diseases shall be taken in this section according to law.
14. Immoral Traffic. – While it shall be the duty of the Special Officers to take action under the Suppression of Immoral Traffic in Women and Girls Act, 1956, and prosecute the offenders it shall be the special duty of the Immoral Traffic Section of the Detective Department to maintain up-to-date information regarding the extent and magnitude of the vice trade in Calcutta. Complicated investigations shall be handled by this section under the guidance of the Assistant Commissioner of the General Bench and raids and watches shall also be organised from time to time.
Note. – Only Special Officers are empowered to investigate cases under the Suppression of Immoral Traffic in Women and Girls Act and officers subordinate to them who have been so empowered can help them in their investigation.

15. Juvenile Offenders. – Every case in which a child is concerned shall be handled with utmost care in consonance with the principles laid down in the West Bengal Children Act, 1959. All juvenile offenders shall be sent to the Juvenile Court, Lillooah and pending trial shall be detained in the House of Detention. In every such case immediate information shall be given to the Officer-in-charge, Juvenile Aid Bureau, and the child snail be produced before him prior to his production in Court.
16. Corelation of missing information. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Wherever any person is reported missing at any police station the information shall be noted in the General. Diary and immediate intimation thereof shall be given to the Enquiry Office, Lallbazar and the Missing Person Squad, Enforcement Branch. If on enquiry by the local police the missing person is discovered or found to have already returned home, information to this effect shall be forthwith relayed to the Enquiry Office, Lallbazar, and the Missing Person Squad, Enforcement Branch. Persons who have lost their way in the city and are brought to the police station or deposited there, shall be properly interrogated, a note regarding their arrival at the police station shall be entered in the General Diary and immediate information given to the Enquiry Office, Lallbazar, and the Missing Person Squad, Enforcement Branch. The Missing Person Squad, Enforcement Branch, shall, similarly send information relating to the tracing of missing persons both to the Enquiry Office, Lallbazar, and the local police station.
On receipt of information relating to missing persons or persons brought to the police stations, entries shall be made in the Missing Register or the Deposit Register as the case may be. Such entries shall he serially numbered every month. On receipt of such information the Enquiry Office will carefully compare the Hospital Admission Register, the Accident Register, the Missing Register, the Deposit Register, the Dead Body file and the file containing radiogram messages in order to establish the whereabouts of the missing person or the deposited person. Whenever there is any chance of such connection being traced the local thana shall be forthwith informed so that the relations of the missing person or the deposited person may take immediate action. Announcements over the All India Radio shall also be arranged through the Enquiry Office. A monthly statement of persons reported to be missing shall be prepared with notes showing the number of persons traced during the month and the number of persons remaining untraced at the end of the month. Copies of such statements shall be forwarded to the Divisional Deputy Commissioners and the Deputy Commissioner of the Enforcement Branch for further enquiry and report. Consolidated list of persons remaining untraced shall be prepared every quarter so that periodical enquiry about the untraced persons can be undertaken. Publication in the “Calcutta Police Gazette” shall be arranged by the Missing Person Squad. The Enquiry Office shall take steps to relay all missing and deposit information to adjoining districts of Calcutta through the West Bengal Police Control.
17. Public Relations Bureau. – Information of public interest in respect of arrests, raids, recoveries and incidents shall be passed on to the press, the public and the All India Radio through the Public Relations Bureau. Such information may be dispensed either through hand-outs or verbal reports with the prior approval of Deputy Commissioner of Police, Detective Department. Only facts shall be given out without any comment or observation. Deputy Commissioners of Police shall transmit all such information to the Public Relations Bureau conveniently after the incident has taken place and has been attended to Officer-in-charge of the Public Relations Bureau may ring up any Deputy Commissioner with a view to ascertaining facts regarding incidents on the demand of members of the public, press reporters and journalists.
18. Law and Research Section. – Officers of the Calcutta Police shall be entitled to consult, whenever necessary, books on law, administration, criminology or of general reference in the central library located in the Detective Department. Books shall not be taken out of the library without the permission of the Deputy Commissioner, Detective Department.
Examination of trends of crime, specification of methods of keeping crime under check, recording of difficulties confronted in the enforcement of laws and suggestions for their removal, specification of reasons contributing to the failure of prosecutions, publication, of important rulings in the “Calcutta Police Gazette”, drafting of bills and statutory orders for submission to Government, helping the State lawyers with necessary rules, orders and references, study of the methodology in police work in India and abroad and similar other matters are the responsibility of the Officer-in-charge of the Law and Research Section of the Detective Department. All officers of the Calcutta Police handling important investigations shall be entitled to his help and advice.
19. Photography Section. – The services of a Detective Department photographer may be requisitioned by any investigating officer through his Officer-in-charge. Photographers shall take photograph of places of occurrence under the direction of the Investigating Officer who shall indicate the angle and the field necessary for his purpose. Negatives shall be carefully preserved and print shall be made over to the Investigating Officer as quickly as possible.
Criminals should be photographed in conformity with the provisions of the Identification of Prisoners Act, 1920. Prisoners convicted of any offence punishable with rigorous imprisonment of one year or upwards or any offence which would render him liable to enhanced punishment on a subsequent conviction shall be photographed. Such photographs shall be taken after the expiry of the appeal period. A photographer shall attend the jail parade every week and take photographs of such criminals whose cases have been decided in the preceding week. Special care should be taken to ensure that P.R.T. convicts are photographed before their transfer to other jails.
Photographs of individuals and prints of photographs as well as photostat copies of documents shall also be prepared here.
20. Plan Making. – Plans of all cases triable by a Court of Session and other important cases shall be prepared by the plan-maker on requisition through the Officer-in-charge of the police station or unit concerned.
21. Finger-Print Section. – A Finger-Print Expert may be requisitioned in all important cases to visit the place of occurrence and search for fingerprints under the direction of the Investigating Officer, Finger-prints found on the place of occurrence shall be developed, lifted or photographed and sent to the Finger-Print Bureau, CID, for verification and comparison. When suspects are arrested their finger-prints shall be taken in conformity with the provisions of the Identification of Prisoners Act, 1920, and referred to the Finger-Print Bureau, Finger-Prints of any person arrested in connection with an offence punishable with rigorous imprisonment for one year or upwards may be taken under the law. Finger-prints of all deadbodies connected with accidents, unnatural death, or crime shall be taken at the police morgue and sent to the Finger-Print Bureau where necessary.
22. Foot-Print Section. – Foot-prints of suspects shall be taken at this section.
In important cases services of foot-print expert and officers attached to Foot-Print Section may be requisitioned to the places of occurrence for tracing, lifting, photographing and taking cast of foot-prints. Foot-prints taken from the places of occurrence as well as the foot-prints of suspects shall be forwarded to the Forensic Science Laboratory for comparison and report.
23. Central Malkhana. – Properties ordered by courts to be confiscated, intestate properties where no claimant appears, unclaimed properties, condemned Government property, seized arms and ammunition, exhibits and case diaries of cases where the offenders have absconded shall be stored in the Central Malkhana. Except for exhibits and case diaries of cases involving absconders, the other properties shall be sold by auction from time to time in accordance with the law. Every item of property shall be put on sale under orders of the Deputy Commissioner of Police, Detective Department. The sale shall be presided over by a gazetted officer deputed by the Assistant Commissioner of Police, Criminal Intelligence Branch. The Assistant Commissioner of the Criminal Intelligence Branch shall supervise the work of the Central Malkhana and ensure that the Malkhana properties are kept properly secured. He shall hold inspection of the Central Malkhana twice a year.
24. Criminal Record Section. – (1) All records relating to criminals and their activities shall be maintained at the Criminal Record Section.
(2) Crime report. – Whenever an offence against property is registered at a police station, a crime report form indicating different points of modus operandi shall be filled in along with the FIR and sent to the Criminal Record Section through the Divisional Assistant Commissioner.
(3) Red Slip for conviction. – Red Slips showing the convictions of accused persons and intimation regarding the fate of the case shall be sent to the Criminal Record Section by the Court Inspector, Bankshall Court, and Court Sub-Inspectors, Alipore and Sealdah Courts, invariably after the disposal of a case. The details shall be noted in the history sheet and nominal card. Officers-in-charge of the police stations shall in every case involving property send a final, report indicating the result of the case and all other relevant details. This will act as a double check.
(4) Cross-checking with police station records. Criminal Record Section to serve as link between police station. – Every Officer-in-charge shall send his Old Offender Register, Absconders Register and Bad Character Register as well as the Register of Roughs for scrutiny and cross-reference at the Criminal Record Section every month. The Officer-in-charge shall have the details noted where these are lacking and arrange for the publication of the list of old offenders, bad characters and absconders once every 6 months. When an old offender, bad character or an absconder of one police station is apprehended in another police station, the fact shall be intimated to the first police station by the Officer-in-charge of the Criminal Record Section as soon as the matter comes to his notice. Identifiable property lost in one police station and recovered in another police station shall, similarly, be connected to the original case by the Officer-in-charge of the Criminal Record Section. On the basis of convictions obtained in the Court gang cards shall also be drawn up at the Criminal Record Section.
(5) Production of suspects after arrest. – It shall be the duty of every Officer-in-charge to ensure that every person arrested in connection with an offence against property is invariably produced at the Criminal Record Section and that there is at least half an hours’s time for officers here to interrogate the accused person.
25. Jail Parade. – In order to make officers of all ranks acquainted with the appearance of criminals, jail parade shall be held every Sunday between 7 a.m. and 8 a.m. at the Presidency Jail and the Central Jails. The Assistant Commissioner of Police. Detective Department, Criminal Intelligence Branch, shall publish in the “Calcutta Police Gazette” every Thursday a list of criminals due for release in the week commencing on the following Monday. For preparing such list he shall obtain in sufficient time the necessary particulars from different jails. He shall maintain a roster of Sub-Divisional Assistant Commissioners who will take their turn in supervising the jail parade. The police Registration Officers and a photographer from the Detective Department shall invariably attend the jail parade. Divisional Deputy Commissioners shall select officers and men for the jail parade but care should be taken to see that the number of police officers attending the jail parade does not exceed 20. Convicts shall be carefully interrogated regarding their proposed place of residence and the local police station shall be informed of the proposed address through the Criminal Record Section. Officers shall carefully interrogate the convicts and try to gather useful information regarding the activities of criminals in the city. Such information shall be communicated to the Assistant Commissioner, Criminal Intelligence Branch, Detective Department. The purpose of Claude Martin Fund shall be explained to the convicts due for release and they shall be encouraged to settle down to some peaceful avocation with help from Claude Martin Fund.
The presiding Assistant Commissioner of Police shall submit a jail parade report to the Deputy Commissioner, Detective Department, through his own Deputy Commissioner. Such reports shall be filed in the Criminal Record Section after the history sheets and connected records have been brought up-to-date.
The Police Registration Officers and the photographer shall take fingerprints and photographs of convicts when necessary.
26. Kabul Section. – Cases in which Afgan nationals are involved or complaints of intimidation and assault made against Afgan nationals by clients of their money-lending business shall be investigated by the Inspector attached to this section. He shall also under take enquiries regarding the activities or Afgan nationals, their stay in the city, renewal of their visas and similar other duties on behalf of the Security Control, Calcutta.
CHAPTER IX

Calcutta Port Police

1. Sections and Administration. – The Calcutta Port division is under the control of a Deputy Commissioner of Police. This division includes –
(i) Special Staff for the port area.

(ii) River Traffic Police.

(iii) Seamen’s Boarding House and shipping office Police staff (Lathi Houses).

(iv) Kidderpore Dock Police.

(v) King George’s Dock Police.

(vi) Calcutta Jetty Police.

(vii) Budge Budge Outpost.

(viii) Ramnagar Camp Police.

(ix) Garden Reach Police Station.

(x) North Port Section.

(xi) South Port Section.

Seven-tenths of the cost of charges for the administration of the Calcutta Port Police are met by the Commissioners for the Port of Calcutta.
2. Functions of the Port Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Besides carrying out normal police work and criminal investigations, the functions of the Port Police are also to provide –
(a) police guard for ships moored alongside jetties, in the Docks, and also for the sheds in these places to prevent theft of cargo stored therein:

(b) police guards for gates in the Dock and jetties to prevent goods leaving except through regular and legal channels, to prevent dutiable goods from being smuggled out, and to see that unauthorised persons do not have access thereto;

(c) officers and men for controlling traffic within the Docks, Jetties and in the river;

(d) police guard for wagons lying in the yards;

(e) officers and men to ensure that there is no breach of the provisions of the Indian Ports Act, 1908, or the Calcutta Port Act, 1890, or any Rule, Rules or Bye-Laws thereunder.

3. Special Detective Staff. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – A special Detective Staff is maintained in the port area mainly for the purpose of prevention and detection of –
(i) smuggling of arms especially through foreign ships;

(ii) smuggling of opium and other excisable articles; and

(iii) organised river crimes and frauds of various descriptions.

4. River Traffic Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of the River Traffic Police include the regulation of river traffic, enforcement of the Port rules and regulations, controlling the movements of small crafts in the river, prevention of thefts, smuggling and other crimes in respect of revercrafts and manning of the ferry service pontoons.
5. Seamen’s Boarding Houses (Lathi Houses.) – The Inspector, Seamen’s Boarding Houses (Lathi Houses), looks after various matters of interest for the welfare of seamen in the Port of Calcutta. He attends all musters at the shipping office, and also at the Maritime Board and sees that the seamen are not exploited. He also supervises the work of shipping office staff and ensures that law and order is maintained in the Maritime Board. He occasionally visits and inspects lathi houses, and sees that They are maintained in a hygienic condition.
6. Special beat duties of Port Police Head Constables and Constables. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Special beat duties of Port division Head constables and Constables are shown below :-
(a) On shore –

(i) they shall keep a close watch on all goods handled on the foreshore, while they are being discharged from boats into sheds or wagons on the Port Trust Railway or vice versa. As pilfering during the handling of goods is prevalent, they shall closely watch all mazdoors employed, and arrest all persons found with loose property in their possession which cannot reasonably be accounted for;

(ii) they shall see that the bathing ghats along the river banks are not obstructed with passenger or cargo boats. They shall watch the ghats specially for pickpockets and thieves who make a practice of stealing the clothings of bathers. They shall prevent cattle or horses being washed in the river within the limits of any bathing ghat. They shall see that overcrowding does not occur and will render prompt assistance to bathers in difficulty in water;

(iii) at ferry ghats they shall see that boats plying are properly licensed and not overloaded and that the full complement of the crew is carried;

(iv) they shall report at once to their sections the finding of any corpse or carcass washed upon the foreshore so that necessary action may be taken with the last delay.

(b) On water –

(i) they shall constantly, patrol their beats, using sail or oars as most convenient. They are forbidden to tie up to cargo boats, steamers or buoys, while on rounds;

(ii) they shall be responsible for the enforcement of the Port Rules and Regulations within the area of their beats;

(iii) they shall prevent the use of naked lights on boats laden with inflammable materials, such as, jute, straw, etc., and shall arrest or take the licence of the boat’s manjhis offending in this respect (section 285, Indian Penal Code). Boats fitted with iron cabooses for cooking, of the general pattern in use on the river, do not infringe the rule so long as the fire is confined to the caboose;

(iv) they shall keep a sharp look-out for river thieves by day and night. At night, all dingeys plying should be challenged. Passenger and fishing dingeys are seldom in legitimate use during the later hours of the night, and the movements of such should be looked on with suspicion;

(v) they shall take note of all corpses, carcasses or refuse found floating on the river and report the same for the action of the conservancy boatmen. They shall supervise the work of the conservancy boatmen and report any slackness on their part;

(vi) on the occurrence of any accident on the river, the nearest patrols shall proceed at once to the scene, irrespective of sectional jurisdiction, and render all possible assistance, sending information by the quickest means available to the section concerned.

They shall act similarly on occassions of any riot or disturbance on the river;
(vii) when deputed to attend on ships, hauling in or out of moorings (ships duty) they shall see that the berths and approaches are cleared of cargo boats and other obstructions, before the arrival or departure of vessels. They shall prevent all passenger boats or cargo boats going alongside vessels which have cast off, or have not made fast to moorings;

(viii) they shall promptly comply with orders regarding the regulation of traffic given by the River Traffic Inspector or Officers of the Harbour Master’s Department on duty.

7. Launch Establishment. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (i) The Inspector, River Traffic Police, shall be in immediate charge of the steam and motor launch establishment of the Port Police.
(ii) The launch crews shall be under the same discipline as the executive branch of the Police and shall be enrolled under the Calcutta Police Act, 1866.

8. Serangs and Drivers. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (i) Serangs and Drivers of launches are to be certificated men under the provisions of section 25 of the Inland Steam-vessels Act, 1917, and they will be held responsible that the provisions of that Act, as well as all by-laws issued under the Act, are observed.
(ii) Serang to be responsible for navigation and not to be interfered with. – A Sergeant on his own patrol launch is the superior officer of the Serang but the Serang is solely responsible for the safe navigation of the vessel, and interference on the part of the Sergeant or any other officer travelling should be avoided.

(iii) Serang to be responsible for articles on launch. – The Serang is strictly responsible for every article on his launch, and should any one remove anything in contravention of these orders, he shall report it at once to the River Traffic Inspector.

(iv) Serang’s making and taking over charges. – Serangs when making over and taking over charge of a launch shall check the stores on board, and submit a written report signed by both Serangs to the Inspector, River Traffic.

9. Crews. Uniform to be always worn on duty. (Section 3, Bengal Act II of 186(5) (Section 9, Bengal Act IV of 1866). – (i) The crew shall be in full uniform as prescribed in Chapter on uniform and clothing when the launch is travelling, and any slackness shall be noted on the log book.
(ii) Attendance Register of the crew. – The Serang of each vessel shall maintain a daily attendance register for the whole crew in form below :-

Daily Attendance Register for the crew.

Rank

Name

Date

Remarks

1

2

3

4
He shall take attendance at 9 p.m. every night, and shall enter against each man’s name, whether he is present (P), absent (A) or on leave (L). He shall maintain a diary, and shall, in case any driver or anyone of the Crew, has for any reason, gone out of the launch to which he has been posted, note in its remarks column, the details of his whereabouts and the particulars of the person from whom he took such leave. When the Serang himself wants to be away, he will normally get the prior approval of the Inspector, River Traffic and leave a note in the Diary. If this is not possible, he may leave a note in the Diary, and hand over charge to the next senior man.
(iii) Serang’s report regarding leave of crew. – In the case of men going on or returning from leave the Serang shall send a report to the Assistant Commissioner through the Inspector, River Traffic, or Reserve Officer, Port Police, giving the date.

(iv) Sickness among the crew to be reported. – In the weekly return of men reporting sick the name of any of the crew laid up and not working owing to sickness, should be immediately reported to the Deputy Commissioner of Police, Port Police, through the Inspector, River Traffic, or Reserve Officer, Port Police.

(v) Watchmen always on launch. – There shall always be one laskar on duty to keep watch in every launch whether she is running or at anchor.

It shall be the duty of the Serang to depute a laskar for this duty. He shall enter the name of the laskar with the time of his duty in column 11 of the log book.
Ordinarily a laskar should not be on watch duty for more than 2 hours at a time.
(vi) Grant of free railway and steamer warrants to members of Police crews. – Members of the Police crews, except Serangs and drivers, when granted leave, will be allowed free third class railway and steamer warrants to and from their homes subject to the conditions set forth in rule 130 of the West Bengal Service Rules, Part II.

10. Log Books. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (i) A log book is carried in each launch, and the Serang is held responsible that it is produced as soon as any officer goes on board. He will enter it up himself on any day on which no officer travels. Officers are requested to enter up the log book daily, as this is the only check on fuel consumption.
(ii) The log book for Serang and Driver shall be kept in West Bengal Form Nos. 344 and 345 respectively and scrutinised by inspecting officers as often as possible. The entries in the two books shall be compared.

(iii) All officers using launches shall keep up the log book regularly in their own handwriting. The book will form a diary of the launch, and every important detail concerning the launch shall be entered in it. If will also be a means of checking the consumption of oil, coal and stores if the officer will take a personal interest in the matter. Officers shall daily initial column 11 of the driver’s log book, and shall check from time to time the actual balance of coal and oil on board.

(iv) The Serang of the vessel must certify in the Log Book daily, that he has inspected and enforced the cleanliness of the launch.

(v) Whenever there are any defects in the engine, etc., the Driver must record it in the log book.

(vi) The Log Books must be put up before the Assistant Commissioner (1), Port Police, at least once a month for scrutiny. The indents for supply of stores, etc., must always be signed by an officer not below the rank of Inspector, River Traffic Police, and countersigned by the Assistant Commissioner of Police.

11. Launches. Cleanliness of launches. – (i) Steam launches shall be kept scrupulously clean. All brass work shall be polished daily, the deck shall be washed down every day, as well as scrubbed with sand and coconut husk when required, cabins including bathrooms shall be kept scrupulously clean, and machinery shall be oiled.
In the case of iron and steel boats, all rust and corrosion shall be removed from the angles and places inside and out, where accessible, and the surface shall be kept carefully painted.
The gratings of Police launches with “hog” deck foreheads shall be removed daily for washing down purposes, and this deck shall be cleaned with holystone at least once a week.
(ii) All bilges except those of the engine room and stock-hold shall be kept dry.

(iii) All adjustments and minor running repairs shall be carried out by drivers. Drivers who fail to execute small repairs shall be reported to the Deputy Commissioner for punishment.

(iv) Fire on launch. – In the case of a fire on a launch the Fire Brigade shall always be contacted, and an attempt shall be made to extinguish it with sand, fire extinguishers or wetted blankets, and then all hatches will be baltered down, and the Serang will steer for the nearest shallow water and anchor away from other boats. The senior Sukhani will take charge of the pumping operation. Should the fire occur in the engine room or fuel tank, the driver will take charge.

In the event of a fire breaking out in the day time, the laskar on the watch will give the alarm by ringing the ship’s bell repeatedly. The crew upon hearing the alarm will take up thet stations.
At night time the laskar on watch will raise the alarm and first call the Serang, driver and senior Sukhani and then the remainder of the crew, who will take up their stations.
For the purpose of extinguishing fire each launch shall have on board at least one fire extinguisher and fire buckets in the proportion of one for each of the crew.
(v) Collision. – In the case of a collision, when a launch has been badly damaged, the Serang will steer for the nearest shallow water and take all possible precautions to stop up the holes with gunny bags, jutes, etc.

The laskar on the watch will raise the alarm, and awaken any of the crew who may be sleeping. The whole crew will proceed to their stations immediately upon the alarm being given.
(vi) Electric light during fire or collision. – When a fire or collision occurs at night, the electric light shall be started as soon as possible to minimise the confusion that may arise and for the better performance of the work in hand.

(vii) Shipping casualties, Inland Stream-vessels. Act, 1917, Sections 32 & 33. – Whenever any damage or casualty of the nature described in section 32 of the Inland Steam-vessels Act, 1917, is caused to or by a steam vessel belonging to or under the control of the police, the River Traffic Inspector shall forthwith send a report of the incident to the Deputy Commissioner of Police, Port Police, through the Assistant Commissioner. On receipt of such report the Deputy Commissioner, Port Division shall submit a report to the Commissioner giving all available details. He shall subsequently report the result of enquiries made into the cause of the damage or casualty with his opinion as to the necessity or otherwise of any further enquiry. Copies of evidence taken will be sent with this report. The Commissioner shall submit copies of all such reports to Government with his opinion.

(viii) Launches agrounding of, procedure and precaution. – (a) When a launch runs aground, whatever the state of the tide she, shall at once endeavour to get off again if she can (i) run her engines without checking up inlets, or (ii) lay out a kedge anchor or (iii) by both (i) and (ii) together. The Serang is responsible for seeing that after dusk the usual riding lights are burning brightly.

(b) Where there is little or no fall of tide the anchors may be laid as a wedge to assist engines in refloating the launch. In this case the position of the anchor shall be marked by a dingey or jolly boat, which at night shall carry a bright white light. The Serang of the launch is responsible for seeing that these precautions are taken and for seeing that anchors are not laid in or near the fairway where they are liable to be fouled.

(ix) Supervision over salvage operations. – When salvage operations in connection with any steam launch, the property of the Police, are necessary, the Deputy Conservator, Calcutta Port Commissioners, shall be contacted at once in the first instance. When salvage operations of such vessels are undertaken by a private firm, an officer not below the rank of Inspector shall be separately deputed to supervise the operations. He shall keep a diary in which he shall note their progress from day-to-day, the vessels, stores, machinery and tools supplied by the firm, and the number of workmen employed with their rate of wages. The object is to enable bills submitted by the firm to be checked on reliable data.

(x) Repairs to, overhaul, and condemnation of launches. – The repairs to launches and other river crafts of the Police shall ordinarily be curried out in consultation with the Chief Mechanical Engineer, Port Commissioners, in the Workshop of the Commissioners for the Port of Calcutta. For the purpose of condemning a vessel the Chief Mechanical Engineer of the Commissioners for the Port of Calcutta will be deemed as the proper authority.

(xi) Certificate to be given when taking vessels. – When launches are sent to the Dockyard for overhaul they will remain under the charge of the Serang. In the case of a floating craft Chief Mechanical Engineer will take charge of the gear during repairs, and shall store it in one of his godowns reissuing serviceable and replacing unserviceable gear on the craft when the overhaul is complete.

On the return of a launch after overhaul the River Traffic Inspector shall take over the launch and send the following certificate to the Deputy Commissioner.
“Certified that I have received charge of S.L……..There are no/the following defects that are required to be made good”.
Construction or purchase of steam launches and boats. – Proposals for construction or purchase of new steam launches or boats shall be submitted to the Commissioner stating the types of vessels required and cost thereof, when the Commissioners for the Port of Calcutta certify as to the unsuitability of any vessels for further use or condemn them as past repairs. The proposal is then to be forwarded to the State Government for sanction after obtaining the sanction of the Port Commissioners for the purchase of the replaced vessel.
(xii) Inspection of launch. – The Inspector, River Traffic Police, must inspect each launch weekly, and note the results of his inspection in the diary. Any defects in the vessel, which may come to the notice either of the Serang or the Driver must be entered. The Serang must also have daily inspection, and whenever any defect comes to his notice, that should be recorded in the diary.

When assistance of the Dockyard is required for running repairs to vessels, all defects must be clearly tested and endorsed by the Inspector, River Traffic Police. The Serang or the Driver, as the case may be, shall submit the list to the Chief Mechanical Engineer or the Executive Mechanical Engineer (Marine) who will then arrange for the repairs to be carried out as expeditiously as possible.
(xiii) Annual repair. – When any vessel is sent in for annual survey and repairs, the Chief Mechanical Engineer is to be notified by the Inspector, River Traffic Police, of any additions or alterations required on the vessel, at the beginning of the survey.

12. Checking of general and engineering stores. – (i) On the 1st day of each month, the Sergeant detailed to a launch shall check all general and engineering stores (dead stock) with his list of property, and certify to its correctness or otherwise in his general diary. Stock books for all stores shall be maintained for each launch.
(ii) Supply of store. – All stores required for the launches are to be indented for from the Commissioners for the Port of Calcutta, who will submit their bills in due course for payment.

(iii) Report of loss or damage to Government property. – All cases of loss of or damage to Government property on launches shall be reported immediately with full details to the Deputy Commissioner, Port Division.

(iv) Disposal of unserviceable stores. – All condemned articles shall be sold, and the proceeds credited to Government and Port Commissioners in usual proportion of 3/10 ths & 7/10ths.

13. Budge Budge outpost and its functions. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The functions and duties of the Budge Budge outpost are to patrol the river in the vicinity of Budge Budge to keep the waterway clear of all obstructions for the ships to pass, and to enforce the Port Regulations as well as to enforce the rules as enumerated below framed by the State Government under the Petroleum Act, 1934 (Act XXX of 1934), in and around the petroleum installation in Port Commissioners’ land at Budge Budge.
The following precautions shall be taken by all vessels and cargo-boats loading or unloading petroleum, whether for transhipment or otherwise –
(a) Vessels discharging or loading petroleum shall have fire-houses connected and all fire-extinguishing appliances in readiness for immediate use, and, if the petroleum is dangerous petroleum, shall have their awnings furled.

(b) No fire or light of any description (other than lights required by the port or harbour rules), or any detonating article or substance whatsoever, or matches, shall be, or shall be taken, on board any cargo-boat used for the transport of dangerous petroleum, or, within the limits of any port, for the transhipment of non-dangerous petroleum to or from any vessel.

(c) No cargo-boat used for the carrying of dangerous petroleum shall be fitted with a caboose for cooking purposes when engaged in such work.

(d) Dangerous and non-dangerous petroleum shall not be conveyed to the shore or to another ship at the same time on the same cargo-boat.

(e) Leaky tins containing dangerous petroleum shall not be discharged into a cargo-boat containing sound tins.

(f) The bilges of every cargo-boat which has carried a cargo of petroleum shall, immediately after the cargo-boat has been unloaded, be thoroughly cleared of all traces of such petroleum and dried and the holds shall be thoroughly ventilated.

14. Duties of the Sergeant-in-charge of the Budge Budge outpost. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Budge Budge outpost is in charge of a Sergeant under the supervision of O.C.S.P. Section. He is responsible for the discipline and efficiency of the officers and men under his control. He shall maintain a General Diary in the prescribed form as in police station, in which a note of every occurrence reported at the outpost during the 24 hours, except petty cases, are to be entered. The Diary shall be closed at 6 a.m. and the duplicate copy shall be sent to the Deputy Commissioner of Port Police every day. If any case of importance occurs he shall communicate with the Officer-in-charge South Section Port Police Station immediately by telephone, and pending his arrival, adopt such measures as may be considered necessary. He shall also make himself acquainted with all the principal residents of the Wharf and Depot, and shall render all assistance when necessary.
15. Duties of the Head Constable, Budge Budge outpost. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – In addition to his other Police duties, tile Head Constable, Budge Budge outpost, on rounds shall see that all launches and cargo-boats etc. are clear from the jetties, unless permitted to occupy the same or are working. No launches or cargo boats shall tie up to the jetties between sunset and sunrise.
16. Duties of the Head Constable, Budge Budge Patrol Boat Establishment. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Head Constable in charge of the Patrol Boat Party shall deal with all cases of obstruction of the ships’ channel by boats which stake fishing nets. He shall see that the fairway is kept clear and that the Port Regulations are enforced in this area.
17. Relation with Port Officials. – (i) Under section 140 of the Calcutta Port Act, 1890 (Bengal Act III of 1890) it shall be the duty of all police officers whether members of the Port Police Force or not, to give immediate information to the Commissioners of any offence committed contrary to the provisions of the Calcutta Port Act, 1890, or of the Indian Ports Act, 1889 or of any bye-laws or rules having the force of law prescribed in accordance therewith.
(ii) All Police officers attached to the Port Division shall be courteous in their dealings with Port Commissioners’ Officials, and in discharging their duties as Police officers should endeavour to act in harmony and to pay deference to reasonable requests made by responsible Port Officials.

18. Arrest of employees of the Post Commissioners and the procedure to be followed. – When any one employed under the Port Commissioners is to be arrested while on duty for any cognizable offence, or for any other reason, the arresting Police Officer shall inform first the head of the department to which such person is attached or to his immediate superior so that arrangements can be made to have the person to be arrested relieved of his duty and produced before the Police. In other cases, where the Police find it necessary to arrest any Port employees not actually on duty, a telephonic message shall be sent to the head of the department stating the facts of the arrest, and the name of the person arrested, and the section in which he is actually employed.
19. Post Mortem Examination in case of fatal accidents. – Fatal accidents reported from the Docks, Jetties or sheds are to be dealt with, each according to the merits of the case, as is usually the procedure prevailing in the town police stations; but, as a rule, post-mortem examination and inquest shall be held in all cases where foreign sailors or seamen, articled under the Board of Trade Rules, are killed even accidentally.
20. Accidental sinking of Boats. – In all boat scuttling or other accidental boat sinking cases the Investigating Officers shall pay particular attention in making enquiries to the points noted below :-
(i) The exact time of the sinking of the boat.

(ii) The condition of tide at the time – high or low.

(iii) Nature of the cargo with identifiable marks, and its approximate value.

(iv) Whether the cargo was insured or not; if insured, for what sum. The name of the Insurance Company shall, of course, be ascertained.

(v) The Insurance Company is to be requested for early salvage and the result is to be watched carefully. It is important in view of the fact that it will disclose the amount of cargo sunk.

(vi) Prompt steps shall be taken to trace the damaged boat. If the boat is available, constables shall be put on duty to guard the same, so that the party may not get any opportunity to repair the damaged portion or portions. If the boat is not available, enquiry slips shall, at once, be issued to all riverian thanas to trace out the boat. The enquiry slips shall contain the branded number and the capacity of the boat and other descriptions. The particulars of the missing boat shall, in every case, be published in the Calcutta Police and West Bengal Police Gazettes.

(vii) If the cargo is of such a nature as can float, a constable shall be deputed at once to trace out such articles up and down the river, according to the condition of the tide.

(viii) The owner of the cargo should be examined forthwith, and enquiries should be made about the stock the owner has, of the articles in the cargo. His khatas or books, if any, should be looked up. The purpose in view is to find out if the owner has any surplus of articles over and above what is shown in his books. If any surplus is found it should be seized at once, and the owner called upon to account for the same. The owner must also be questioned if he has, at any time previously, had his claim paid by the Insurance Company in a boat-sinking case.

(ix) The msinjhies and dandies and the boat contractors are to be examined closely and separately. The registers in Port Police Office are to be consulted with a view to finding out whether any of them were over concerned in a boat sinking case previously.

(x) Immediate information is to be transmitted to the Inspector, Special Detective staff, Port Police, who will arrange to depute his source to collect information regarding the disposal of the properties to the known receivers, of Panchpara, Kidderpore, Howrah Town, Metiaburuz and in other places in Calcutta.

(xi) All other available witnesses in the locality of the occurrence, shall be examined.

(xii) Enquiries about the antecedents of the contractor of the boat shall be made to see whether any of his boats were ever concerned in any boat-sinking case, whether the boat belongs to him or is a rented one. If the boat is his own whether it has been insured.

(xiii)If, after making preliminary enquiries, the case appears to the Investigating Officer to be a suspicious one, he should suo motu, start at once a case under sections 406 & 407 IPC according to the circumstances of the case, and proceed on with the investigation. If the enquiry discloses the fact that the sinking of the boat was due to sheer negligence of the manjhies and dandies, the fact should be reported to the Insurance Company.

(xiv) All cases of such a nature should be reported to the Principal Officer, Mercantile Marine Department, if in the river, and to the Deputy Conservator, Port Commissioners, if the case relates to the docks.

21. Procedure for landing of explosives. – The landing of explosives at the Docks or Jetties shall be governed generally by the “Rules regulating the handling of explosives in the Port of Calcutta”, which are supplement to the Explosives Rules, 1940, called the principal Rules. (Vide rule 43 of the by-laws framed by the Commissioners for the Port of Calcutta published under their Notification No. 206, dated the 22nd July, 1948.)
Attention is drawn in particular to Rule 9, which, is reproduced below:
“Movement from explosives anchorage prohibited – No explosives vessel shall leave her explosives anchorage at Diamond Harbour until she has discharged all explosives other than those prescribed in, and required by the Statutory rules made by the Board of Trade and the Central Government or until her Master or Agent has made adequate arrangements, to the satisfaction of the Deputy Conservator, for the discharge of her remaining explosives at Mayapore or at the Calcutta Docks or Jetties or at Uluberia in accordance with the principal Rules and the following rules.”
(Vide Government of India Notification No. P103, dated the 11th March, 1947, published in pages 358 to 361 of Part I, Section I of the Gazette of India, dated the 15th March, 1947.)
22. Arrival in the Port of Vessels with deadbody and procedure to be followed in case of infectious diseases in them. – (a) Every vessel arriving at the Port with a deadbody on board shall, if the arrival is by day, hoist the appropriate international Code Signal in accordance with the Code Book, Volume I, and, if the arrival is by night, transmit a message to the Signal Station, intimating the fact of a deadbody being on board.
(b) The following procedure will be followed in case of infectious diseases reported to any Police Officer as having occurred on board any launch, boat, fiat or any other river craft.

Patients are to be removed to hospital in infectious ambulance. A constable is to be placed on duty on the launch, boat, flat or other craft in which the case occurs. The name of the owner, number of and place where the craft is situated will be phoned to the Port Sanitary Inspector giving the name of the patient or the deceased as the case may be, and the constable on duty will not allow the said craft to be removed until the Port Sanitary Inspector grants certificate that he has disinfected the craft concerned, when the Police will be withdrawn.
Instructions relating to dangerous and contagious diseases and disposal of deadbodies on sea-going vessels are laid down in the supplementary instructions regarding infectious diseases on vessels arriving at or lying in the Port of Calcutta as laid down in Marine Department notification No. 76 of 23rd July, 1918 (see appendix).
CHAPTER X

Calcutta Armed Police

Section I – Functions And Composition Of The Calcutta Armed Police

1. Functions of the Armed Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Calcutta Armed Police is a separate unit of the Calcutta Police. It is ordinarily required :-
(1) to supply guards for important Government offices, treasuries and protected places;

(2) to supply escorts for carrying arms and ammunition and Government treasures; and

(3) to supply a striking force at Headquarters to Stand by with a view to render assistance to the unarmed branch.

But its main functions are to quell any widespread trouble or disorder in the city which the unarmed branch by itself may not be able to cope with.
2. Composition of the Armed Police. – The Calcutta Armed Police shall be constituted mainly by recruitment to different ranks made in accordance with the Calcutta and Suburban Police (Subordinate Ranks Recruitment, Conditions of Service and Discipline) Rules, 1962.
3. Division of Armed Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (i) The Calcutta Armed Police shall be divided into battalions, each battalion shall be subdivided into five companies; each company into three platoons, and each platoon into six sections.
(ii) Each battalion shall be in charge of a Deputy Commissioner of Police who is also known as Battalion Commander. The Assistant Commissioner attached to a battalion shall be second in command in the battalion and shall assist the Deputy Commissioner in enforcing discipline and maintaining morale and welfare of the force. An Inspector styled as “Company Commander” shall be in charge of a company with one Sergeant Major as second in command. Each platoon shall be in charge of a Jamadar. Each Havildar shall be in charge of two sections and each section shall be in charge of one Non-Commissioned officer of the rank of Naik or Lance Naik.

Note. – Armourers employed in the Central Armoury at Lallbazar are attached to the establishment of the Calcutta Armed Police, and they draw special pay for their technical knowledge in addition to their other emoluments.

4. Discipline. – The Commissioner and Deputy Commissioners, Armed Police, shall have the same powers of discipline over the ranks subordinate to them as provided for in the general rules.
A Deputy Commissioner, Armed Police, may for the guidance of his force, formulate such routine orders as he finds necessary from time to time. But for any major changes he shall take the approval of the Commissioner.
Section II – Duties Of Officers

5. Duties of the Deputy Commissioner. Armed Police. (Section 3, Bengal Act II of 1866)(Section 9, Bengal Act IV of 1866). – There are three Deputy Commissioners in the Calcutta Armed Police under the immediate control of the Commissioner. Each Deputy Commissioner shall be in charge of a battalion. The seniormost Deputy Commissioner who will be designated as Senior Deputy Commissioner, Armed Police, besides being in charge of a battalion, shall be in overall charge of the whole Armed Police Brigade including the ministerial staff and ancillary units consisting of (1) Brigade Reserve Office, (2) Quarter Master’s Store, (3) Central Armoury, (4) Control Room, (5) Transport, (6) Security, (7) Training and (8) Band. He shall also be the drawing and disbursing officer for the entire Armed Police Force.
The Deputy Commissioners will be responsible for discipline, control, morale and welfare of their respective battalion.
6. Duties of the Assistant Commissioners, Armed Police. – Assistant Commissioners of Armed Police shall, in addition to their duties elsewhere prescribed, do such duties as may be entrusted to them by the Deputy Commissioner, Armed Police or by the Commissioner.
7. Duties of Inspectors other than Company Commanders. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of Inspectors other than Company Commanders will be as shown below :-
(a) One Inspector will be in charge of the Central Armoury. It shall be his duty to look after the arms and ammunition of the entire Calcutta Police Force including police stations and other units. He shall be responsible for the maintenance and repairs of arms and ammunition in all places. He shall once a year visit every police station and other units where arms are kept, check up security arrangements, registers of arms and ammunition and see that the rules for proper custody of all arms and ammunition are observed. He shall also physically check up and verity the arms and ammunition of each battalion including that of the Central Armoury once a month and append a certificate that he has done so. He shall, every half-year submit his report of inspection of the Central Armoury for the information of the Senior Deputy Commissioner, Armed Police. He shall also be responsible for the issue and receipt of arms and ammunition to officers and men, and shall maintain relevant for the purpose.

(b) One Inspector employed as Quarter Master will be in charge of the clothing, accoutrement, other stores, and tents. He shall check the stock book once a month and see if all articles including tents are in good order. He shall also once a month check the stock of clothing with the register of receipt and issue of clothing, the committee report book, and receipt and issue of forms. A note shall be made by him in the stock book and the register of receipt and issue of clothing that he has done so. If the clothing and other articles in stock agree with the entries in the register, he shall record a certificate to that effect. He shall be responsible that this check is correctly made, and that any shortage or irregularity is at once brought to the notice of the Deputy Commissioner.

(c) One Inspector designated as Brigade Reserve Inspector will be employed in the Office of the Senior Deputy Commissioner, Armed Police. He shall help the seniormost Deputy Commissioner in carrying out his routine duties and do such other work as may be directed by him from time to time. It shall be his duty to co-ordinate deployment of the force of different battalions during emergency. He will look after transport arrangement and security arrangement in the different units of the battalion.

(d) One Inspector designated as Brigade Training Inspector will be in charge of instructional classes to keep subordinate officers (including Havildars) up-to-date with knowledge of law and orders issued from time to time by superior officers. He shall explain to the officers the proper methods of dealing with crowds, performing guard or picket duties and discharging their other duties efficiently. He will encourage them to mention their difficulties and explain how these difficulties can be solved. These officers and Havildars will, in their turn, explain these to the non-commissioned officers and men under them. These classes will be held in class rooms or preferably, weather permitting, in the open, outside normal parade hours.

8. Duties of the Company Commander. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Each company of the Armed Police shall be in charge of an Inspector, who shall be designated as the Company Commander.
(b) He shall be responsible for the drill, discipline, training and efficiency of the men under him.

(c) He shall attend all parades.

(d) He shall prepare the parade statement of his Company every morning and submit the same to the Assistant Commissioner of the Battalion.

(e) He shall occasionally check his men before they proceed on duty.

(f) He shall check the duty roster every day.

(g) He shall personally maintain the casualty register quoting the order numbers with dates.

(h) All Company Commanders shall visit their sick men in Hospital at least once a week, and report in writing to the Assistant Commissioner of the Battalion, the condition of the patients and their requests and complaints, if any.

(i) He shall realise the contribution to the amenities fund and other funds, if any, and deposit the same at the office.

(j) He shall maintain proper accounts of the money handed over to the managers of the Mess. His responsibility will be only with regard to the safe custody of the money and he will not be responsible for any other matters of the Mess, such as collections, payments to the members, etc.

(k) He shall be responsible for the care and custody of the arms, ammunition, accoutrements, etc., in charge of his Company, and shall keep the accounts and [registers pertaining to them.

(l) He shall hold inspection of arms and accoutrements every fortnight, and submit a report to the Assistant Commissioner that he has done so. The report shall be submitted in a register which shall be kept as a permanent record.

(m) He shall assist the Battalion Commander and the Inspector, Central Armoury, or other officers when his men fire at the Range.

(n) He shall take charge of the kits of the officers and men proceeding on leave and shall inform the office of any deduction due to shortage of kit, etc.

(o) On receipt of a requisition for escort he shall prepare the command certificate noting thereon the particulars of the requisition, and number of the command certificate on the requisition. On completion of the duty, he shall return the command certificate with the requisition to the Battalion Commander.

9. Duties and responsibility of Sergeant Majors. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Sergeant Major shall act as Second in command of each company. He shall perform all the functions of the Company Commander, in his absence, and assist the Company Commander in all his duties. He shall also perform any other duties that may be given to him from time to time by the Assistant Commissioner or the Deputy Commissioner.
(b) A Subedar attached to the company shall look after the stores, including clothing and miscellaneous company articles apart from arms and ammunition of the company. He will also remain in charge of all sports-gears and will assist in organising sports and other amenities. He is responsible for welfare and discipline of the company he is attached to.

10. Duties of the Platoon Commander and Section Commanders. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Platoon Commanders, and Section Commanders shall be responsible for the men in their charge, and maintain a register of such men which will show also which of these men are living outside the barrack and their addresses.
(b) They shall report to the Company Commander about the absence, sickness or irregular conduct of any member of the Company.

(c) They shall be responsible for keeping the barrack ready for inspection.

(d) They shall be responsible for the turn-out of the men under them when detailed.

(e) When the Platoon Commander or Section Commander happens to be away on duty, the Company Commander shall nominate in writing another Non-Commissioned Officer to act as Platoon Commander or Section Commander temporarily.

(f) When any one deserts, the Section Commander shall collect all the Government properties left by him and inform the Platoon Commander, who shall prepare a list in duplicate of such articles and deposit the same to his Company Commander with one copy of the list so prepared. The Company Commander shall sign in the other list and deposit the kit with the Quarter Master.”

11. Duties of the Non-Commissioned Officers (Havildars, Naiks and Lance Naiks.) (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Each of the Non-Commissioner Officers shall remain in charge of a group of men placed under him for some particular work, the details of which he shall always ascertain from the Sergeant or Jamadar at the time of receiving the Command Certificate.
(b) He shall always abide by the standing orders maintained in various guards and offices.

(c) He shall, on his return from duty, report any breach of discipline on the part of any of his men.

(d) He shall, before leaving the place of duty, get the signature of the officers on the Command Certificate.

(e) He shall, while proceeding on duty, check his men and their arms, ammunition and equipment.

(f) He shall perform such other duties as may be ordered by his superior officers.

12. Duties of Sepoys. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Each of the sepoys shall remain on duty as per order of the Non-Commissioned Officer-in-charge, or any other superior officer, and shall not, in any circumstance, leave his post without being relieved.
(b) He shall always be alert while on duty, and must abide by the standing orders of the post, if there are any.

(c) He shall perform such other duties as may be assigned in the manner as described by the superior officers.

(d) He shall always be smart and alert while on duty, and shall be fully dressed.

13. Section training and duties of Armourers. – (i) Sepoys having some previous knowledge and experience of arms are to be employed as Armourers.
(ii) Each Armourer shall be required to undergo training on basic courses of arms in an Army Workshop.

(iii) The Administration Branch of the Calcutta Police Directorate shall write at the beginning of each year to the Headquarter, Eastern Command, Ranchi, or some other Army authorities for allotment of certain vacancies for training of Armourers of the Calcutta Police. When vacancies are allotted by the Defence Department, the senior Deputy Commissioner, Armed Police, shall arrange for deputation of the unpassed Armourers to the training centre. The period of training may be for six months or any lesser period according to the discretion of the Army authorities. The cost of training and other expenses of the trainee shall be borne by the State Government.

(iv) The Armourer allotted to a battalion shall repair all arms belonging to the battalion and shall send the weapon to the Central Armoury through the Assistant Commissioner of the battalion in case he finds any difficulty in repairing or assembling the weapon.

(v) Every Armourer shall be supplied with a set of Armourers tools which will be replaced when unserviceable in the same manner as component parts.

(vi) All arms in Armoury shall be cleaned once a week. They shall be stripped and overhauled once every half year. The Battalion Commander and Company Commander shall see that these are done.

(vii) An Armourer shall attend parade not less than once a week and shall do musketry course each year.

(viii) Armourers shall receive in addition to the usual pay a duty allowance of Rs. 10 per month. The Assistant Armourer where sanctioned shall draw duty allowance of Rs. 5 per month.

(ix) The Armourer shall be assisted by Storeman who shall receive an extra duty allowance of Rs. 2 per month.

Section III – Parade, Drill, Salute And Default

14. Morning Rifle Parade, Salutes etc. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Moining Report. – These shall be in two parts; Part I (in a book form) shall be prepared by the Company Commander every morning by 8 a.m. and sent to the Battalion Officer.
Part II shall be prepared in the Battalion Office and a copy shall be submitted to the Senior Deputy Commissioner, Armed Police, by 10 a.m. every morning for his information about the deployment of daily force and number of men available from each Battalion.
(b) Parade. – Parades shall be held every morning with the available officers, Non-Commissioned officers and men.

(c) Salute. – The following are orders on the subject of salutes, and of guards and sentries paying compliments:

(i) Non-gazetted officers and men of the Calcutta Police shall invariably salute –

(a) their own officers superior in rank to themselves,

(b) Government officers whom they can recognise,

(c) Military officers of commissioned rank when in uniform,

(d) Gazetted Police Officers (in uniform) of State Police Force.

Note. – The term “Government Officer” includes all Gazetted civil officers not below the rank of Deputy Collector.

(e) all superior officers of the West Bengal Police whom the}’ have come to recognise in the course of their duties.

(ii) Guards shall not pay compliments between the sounding of “retreat” and “reveille”. Guard shall not turn out to unarmed parties.

(iii) Guard shall turn out and present arms once during the day, and sentries shall present arms on all occasions when any Secretary to Government, Commissioner or Deputy Commissioner of Police passes. In the case of other Government Officers, Civil and Military, the men not under arms shall stand to attention and sentries shall salute. When an Assistant Commissioner or Inspector of Police passes his post, a sentry shall salute.

(iv) When a subordinate officer (i.e, an officer above the rank of ASI) passes him, a sentry shall come to attention.

(v) If an officer entitled to a salute passes when a guard is relieving another, both guards shall be brought to attention by the senior guard commander present who shall himself salute.

(vi) When an officer entitled to the compliment of “present arms” once during the day, passes a guard a second time on the same day the guard shall be called to attention; and the sentry shall present arms.

(vii) Officers and men on beat duty shall salute all Government officers whom they recognise, as well as their superior officers. When lining the streets on State occasions or for a public arrival etc., no one shall salute, but each man shall come to attention.

(viii) Batons, when carried, shall be slung in the baton frog, except when required for immediate use; on such occasions the salute is given by coming to attention and bringing the baton to the upright with the end touching the forearm. When a lathi is carried the salute shall be given by bringing it to the “order arms” as with muskets.

(ix) Non-gazetted officers on horse-back shall salute a superior officer by placing the right hand on the bridlehand and then dropping it smartly to its full extent outside the right thigh.

(x) The rider of a motor cycle or bicyle, or the driver of a mechanical vehicle (van, lorry, car, etc.) shall not salute in any manner when the vehicle is in motion owing to the danger involved by taking the eyes off the road.

When the vehicle is stationary, the driver shall salute by turning his head smartly towards the officer passing him, but shall not remove his hands from the handle bars or steering wheel.
(xi) Salutes by men shall be returned by the senior officer present.

(xii) Police of all ranks shall salute the colours of the Army (uncased) or of the Navy when carried ashore when they pass them or when displayed by troops marching.

(xiii) When a Police officer passes another superior in rank to himself he shall salute on the third pace before reaching that officer, and lower the hand on the third pace after passing his superior. During the salute he will look the officer full in the face.

(xiv) If the nature of the duty, such as protection, regulating traffic, etc., or other special circumstances make it undesirable, police shall not salute unless spoken to by a person entitled to be saluted.

(xv) A subordinate without head dress, shall not salute with the hand. He shall, if standing, come to attention as an officer passes. If walking, he shall turn his head smartly towards the officer and keep his arms steady by his side.

(xvi) A subordinate, if sitting when an officer approaches, shall stand to attention facing the officer, and shall salute with the hand. If two or more men are sitting or standing about the senior man present shall face the officer, call the others to attention, and he alone shall salute.

(xvii) (a) As a general rule, police officers and men in uniform on duty should salute or pay proper compliments to the occupants of cars flying the National Flag.

(b) If, however, the nature of duty be such as protection, regulation of traffic, etc., or other special circumstances where saluting may interfere with the performance of duties, police personnel need not salute, but whenever possible they should come to attention. The police, on traffic duty, should also see that the cars with National Flag are not held up in traffic.

(c) On special occasions like the Independence Day Celebration – 15th August, Mahatma Gandhi’s Birthday – 2nd October, 26th January and National Week, as well as any other particular day of National rejoicing, the use of the flag will be unrestricted. On such days, police officers and men in uniform on duty need only salute the occupants of the cars flying the National Flag, who are entitled to the salute.

Note. – (1) Attention of all officers and men is drawn to the above instructions that they are observed without any breach in future.

(2) All police officers should bear in mind that where there is any doubt as to the rank or position of persons or officials, they may meet, or who may pass them, no harm can be done, by saluting, whereas neglect to do so may be mistaken for discourtesy or personal slight and may engender ill-feeling.

15. Drill and Exercise. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – All available force shall be drilled every morning except on Thursdays and holidays. The Assistant Commissioner shall prepare a weekly programme of the drill and exercises, including games to be performed each day, and of the instructional and other lectures to be given. Riot Drill shall be practised frequently. When outdoor work is impracticable indoor inspection in the treatment of arms and ammunition should be substituted.
16. Punishment Drill. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Battalion Commander will select one Subedar Major, Subedar or Jamadar under whom men will undergo punishment Drill for one hour in the shape of Drill or Fatigue duty. Preferably this should be taken in the afternoon.
Men undergoing punishment Drill should not get any relief from normal duties.
17. Athlete Sports. – The Deputy Commissioner shall use every endeavour to promote the interest and participation of officers in athletic sports and games of all kinds.
18. Drill Class for instructorship. – (a) The Calcutta Armed Police has its own Drill Class for instructing selected constables and Sepoys in drill in order to qualify for promotion to the rank of Head Constables and Non-Commissioned Officers, respectively and to act as Drill Instructors. Only constables and Sepoys possessing the following qualifications shall be selected for the instructions :-
(i) They must not be over 35 years of age.

(ii) They must be able to read and write sufficiently well to be able to study vernacular drill books and write simple reports in the vernacular.

(iii) They must be of good physique and character.

Note. – The age limit of 35 years may be relaxed by the Commissioner in any particular case if he thinks fit.

(b) A Board consisting of the Deputy Commissioner and the Assistant Commissioner shall be responsible for selecting suitable men. Only such constables and Sepoys as are likely to be fit for promotion to ranks of Head Constables and Non-Commissioned officers respectively, shall be selected.

(c) The Constables and Sepoys selected shall be kept under training for a period of four months. Any Sepoy or constable who, while under training, misconducts himself or proves unsuitable to receive the instructions is liable to be sent back to his Battalion or Unit.

19. Certificate of competency Drill. – (a) All constables and Sepoys who pass the examination in drill on the completion of their course of instruction shall be granted a certificate of competency in drill in the following form :-
Form

Certificates of competency in Drill and to instruct and train recruits in drill.
“Certified that constable/ Sepoy………………of…………….. after undergoing a course of instruction in drill in the Calcutta Armed Police is declared to have passed.
*He has also qualified himself as a drill instructor.
Deputy Commissioner of Police

Calcutta,
Armed Police.
The 19.
*To be scored through where necessary.”

(b) The Deputy Commissioner shall keep a note which of those who obtain a Drill Certificate are suitable to be Drill Instructors.

20. Refresher course in drill. – All Head Constables and Non-Commissioned officers possessing certificates of drill mentioned in the previous regulation shall again be deputed every 5 years to the drill class for a period of 2 months to refresh their knowledge in drill.
21. Guard of honour. – (a) The full strength of a guard of honour detailed for the President or the Governor should be 2 Sub-Inspectors, 8 Non-Commissioned officers and 92 Sepoys under the command of an Inspector. In no circumstances should a guard of honour to the President or the Governor consist of less than 1 Inspector, 1 Sub-Inspector, 4 Non-Commissioned officers and 46 Sepoys.
(b) The guard of honour will be furnished only on the occasion of a public arrival.

(c) The guard of honour will be drawn op in open order. When the President or the Governor has arrived within 20 paces or alights from the car the guard will present arms.

22. Public and Private arrivals of the President and the Governor. – (a) Public arrivals – Before public arrival of the President or the Governor it is the duty of the Deputy Commissioner selected for the duty to visit the line of route to be covered and to make arrangement of sufficient number of police officers and men to be posted on both sides of the route to prevent anyone from rushing out towards the carriage or car of the President or the Governor.
(b) No spectator should be allowed to leave their position till the State carriages or cars have moved off.

(c) When streets are lined by the police for public function or on State occasions, all officers should be warned that their duty is to watch the crowd, traffic and houses and not the procession. When the procession of carriages, etc., is a very long one the Deputy Commissioner should consider the advisability of posting every second constable on either side of the road, with his face towards the spectators on the footpaths.

(d) Private arrivals – Similar arrangements, on a scale modified to suit the circumstances of each case, shall be made for the private arrival and departure of the President and the Governor.

23. Default. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) Each Company Commander shall maintain his own Defaulter’s Register for the Company.
(b) All reports must at first be made to the Assistant Commissioner of the Battalion, and then entered in the Defaulter’s Register if he so orders.

(c) The Assistant Commissioner of the Battalion will produce the defaulter with the reporting officer before the Deputy Commissioner, in case of major defaults.

(d) Before putting up the defaults the service books must be obtained from the office, and particulars entered in the Defaulters’ Register. For this purpose the Register must be sent to the office before 2 p.m. the day previous for getting the service books ready.

(e) Non-Commissioned Officers and sepoys are not to be put up for defaults at the same time except in special cases.

(f) Correct general number and name must always be mentioned in the Book.

(g) If the defaults are not put up on the fixed day the register should be taken away by the Company Commander. The records supplied from the office for production must be returned there.

(h) In cases of overstayal of leave the defaults must be put up with the leave certificate.

(i) Cases of desertion and absence from leave must be put up within 3 days of such desertion or absence with a complete list of missing kit.

(j) After the cases are disposed of by the Assistant or Deputy Commissioner, the registers are to be handed over to the Reserve Officer, who after taking necessary action, shall return the registers to the Company with as little delay as possible.

Section IV – Guards And Escorts

24. Treasury and Armoury Guard. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The following are the rules for the guidance of armed guards applicable to guards over treasuries and armouries. A translation of these rules into the vernacular spoken by men of the Police force shall be hung up in a conspicuous place where the men on duty can see and study them.
Note. – The rules shall be considered applicable, as far as possible to all guards over prisoners, treasuries, arms, ammunition or other property or persons.

(1) For each sentry posted, there must be specific orders by the Deputy Commissioner denning (1) the sentry’s beat and front, (ii) the position of the guard when it is required to fall in and (iii) the distance at which intruders and strangers are to be challenged.
Note. – Where the guard room is at some distance from the sentry’s beat, the Deputy Commissioner shall arrange for a separate sentry over the guard.

(2) When a sentry who is to be posted at a new post has reached the post assigned to him, he shall be ordered to halt and face the required direction. The officer posting the sentry shall then read and explain the orders to him, telling him the object for which he is posted, and showing him the front of his beat. A copy of the orders for each post shall he hung up at the post.
(3) Sentries are to remain on the alert; they must not quit their arms, lounge, sit or lie down, take off any part of their uniform or on any account converse with any one or quit their post. Sentries should ordinarily traverse the full extent of their beats at least once every five minutes, unless local orders to the contrary are prescribed.
(4) A sentry moving about on his post shall always turn outwards when turning about.
(5) On the occasion of the relief of the sentries, the Non-Commissioned officer on duty shall invariably post them. Sentries shall load and unload their rifles only under the order of the Non-Commissioned officer on duty.
(6) When a sentry violates his orders, and is put upon his trial, the Non-Commissioned officer or any other officer who posted him shall be called to prove the orders of that particular post.
(7) Non-Commissioned officers or other officers relieving sentries, as well as the sentry, shall satisfy themselves on the occasion of each relief, that all fastenings are secure. This should be particularly observed when relieving sentries at night.
(8) Sentries will be relieved every two hours. Temporary guards will be relieved daily, and permanent guards every week provided that where the local conditions are exceptional and the difficulties of sending reliefs are great, the period may be extended to a week in the former case, and to one month in the latter, with the special sanction of the Commissioner.
(9) Treasury guards will invariably be relieved at the hour at which the Treasury is opened, and handing and taking over will be done in presence of the Treasury Officer. The Treasury Officer, as well as the “Relieved” and the “Relieving” Non-Commissioned Officers shall satisfy themselves that everything is in order. A joint verbal report will then be made by the relieving and the relieved Non-Commissioned Officers to the Treasury Officer directly after such check, and a note will be entered in the Roster Book.
(10) The Treasury strong room or receptacles for treasure contained therein must on no account be opened or shut by a Treasury Officer except in presence of the sentry and the officer on duty.
(11) As soon as the Treasury is opened for the day, the doors and windows of the strong room and their fastenings should be scrutinized, and the seals, locks, hinges, bolts, staples and chains of all receptacles of treasure in charge of the guard should be carefully examined. When the Treasury is closed the Treasury Officer should summon the Officer-in-charge of the guard and the sentry on duty, and direct them to satisfy themselves that everything is securely fastened, more particularly the Treasury doors and windows. Entries to the above effect will be made on each occasion in the Rester Book.
(12) Special and immediate report must be sent to the Treasury Officer and to the Armed Police Battalion Headquarters should anything be found wrong, or should any lock, bolt or other fastenings be found out of order or bear signs of having been tampered with. Battalion Headquarters will send a responsible officer to take necessary action.
(13) On such occasions or when any other defect or loss is noticed, no member of the guard shall leave the premises until permitted to do so by the Investigating Officer.
(14) No safe, chest or any receptacles containing cash belonging to any department other than the treasury shall be placed under watch of the Treasury guard sentry without written permission of the Deputy Commissioner or in his absence the Officer-in-charge of his duties. (The Police cash chest forms an exception).
(15) A roster of duty in West Bengal Form No. 5343 (B.P. Form No. 141) shall be kept by every Officer-in-charge of a guard. The left hand side should be written up every morning showing the names of sentries and hours of relief. On the right hand side should be noted all reliefs (entries regarding which shall be signed both by relieving and relieved officers), all inspections of guards, doors, windows, padlocks, etc., the rounds of Treasury Officer on opening or closing of treasuries, the visits of round officers, any temporary change or illness of sentries or of any member of the guard, any permission granted to any member of the guard to leave the precincts, as well as any other items of importance which may come to the notice of the Officer-in-charge. It will be signed by all round and inspecting officers including gazetted officers, who shall make any remarks that may be necessary about the condition of the guard.
(16) All Non-Commissioned Officers on guard duty shall be armed.
(17) All Non-Commissioned Officers and Sepoys shall carry 20 rounds of 303 SAA.
Sentries will have their magazine loaded with five rounds of SAA under the bolt i.e., with breech empty. The bolt will be closed and safety-catch applied.
(18) Should any one approach the post or building between the hour of sunset and sunrise the sentry will come to the “On guard” position, and challenge such person and order him to halt. Should he fail to get a satisfactory reply he will call out loudly for the guard to “stand to” and will load one round into the breech of his rifle and again challenge. Should the intruder still fail to obey the order to halt and persist in approaching the sentry’s post, the senary will challenge of the third time, at the same time threatening to fire. Should the intruder still refuse to halt, the sentry may, at his discretion, use his bayonet or fire. Should there be more than one intruder, and should they disobey the orders of the sentry and attempt to rush the building, he should not hesitate to open fire at once.
(19) Arms belonging to the members of the guard who are not on duty must be kept safely in the Guard Room, preferably in proper arms rack. Ammunition of Non-Commissioned Officers and men on duty and on “Dafa duty” will be kept on the men themselves, but the ammunition of the men who are “off-duty” should be stored in a strong pad-locked box where provided, or if no box is provided, will be taken charge of by the Non-Commissioned Officer on duty who will arrange for its safe storage within the Guard Room, and may distribute it to the men on duty if no other means are available.
(20) Normally, by day one-third of the guard will be on sentry duty; one-third will be present in the guard room fully dressed and accoutered but may lie down on their beds or otherwise relax but may not sleep, and one-third will be “off-duty” and may be permitted to leave the guard for meals, etc. Thus, two-thirds of the guard will be present at all times during the day for emergencies. Between sunset and sunrise the whole guard shall be present in the Guard Room. Boots may be removed, but the men must be dressed fully otherwise with the belts and side arms on, and ammunition in, their pouches ready for immediate turn-out.
(21) The following are the duties of the Non-Commissioned Officers in charge of guards and sentries. Deputy Commissioners and other inspecting officers shall see that these orders are strictly followed :-
(i) Each guard shall ordinarily be in charge of not less than two Non-Commissioned Officers. The senior Non-Commissioned Officer shall be solely responsible for the guard unless he is too ill to carry out his duties when he shall hand over the command to the other Non-Commissioned Officer and at once inform his superior officer and get relieved.

(ii) Both the Non-Commissioned Officers shall not be absent from the guard at once and the same time.

(iii) If the senior Non-Commissioned Officer leaves the guard for any reason he shall inform the junior Non-Commissioned Officer stating where he is going and the length of time he is likely to be absent, so that he can easily be called, if required. The fact must also be entered in the Roster Book.

(iv) The junior Non-Commissioned Officer shall only leave the guard with the sanction of the senior Non-Commissioned Officer. This must also be recorded in the Roster Book.

(v) The duties should be divided between the Non-Commissioned Officers according to mutual arrangement. Two hours on and two hours off or four hours on and four hours off are suitable periods. The term agreed upon is to be shown in the Roster Book.

(vi) The Non-Commissioned Officer on duty shall not sleep during his turn of duty, and he shall be responsible for the proper supervision of the guard during his turn.

(vii) The Non-Commissioned Officer while on duty shall –

(1) visit the sentries every hour;

(2) see that the sentries are properly and punctually posted and relieved, and know their orders. He shall actually remain present at each posting and relief;

(3) see that the sentries perform their duties properly;

(4) see that the guard is ready to turn out at a moment’s notice, and that it does so smartly;

(5) see that the men are properly dressed and accoutered;

(6) see that the arms and ammunition in his charge are kept in their right places; and

(7) see that all other property or persons under his charge are being properly looked after.

(viii) The senior Non-Commissioned Officer shall be responsible for the conduct of his men, and the cleanliness of the arms of the guard and Guard Room.

Note : The rules regarding strong rooms and the methods for the storage of coin in Government treasuries are laid down in the West. Bengal Treasury Rules and the Subsidiary Rules made thereunder.

(22) Armoury guards should be visited once a day by the Battalion Commander, and twice a day by Company Commander (day means night and day). Company Commander should visit at least once in the evening.
25. An officer to be detailed for night round. – An officer shall be told off daily to visit all guards once a night, at uncertain hours. The name of this officer, with other particulars shall be entered in a register in West Bengal Form No. 5335. No entry in the district order book is needed. The Deputy Commissioner shall see that the hour of visiting the guards is varied. On the following morning the officer who visited the guards shall submit a report in West Bengal Form No. 5254.
26. Standing order for post. – Each guard shall have its standing order for every post. The orders should be displayed on the post (for the sentries), and at the quarters of the guard for the Non-Commissioned Officers. The order should he in Bengali and Hindi.
27. Senior officer to take command of Guard. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) When a Police guard is supplied, the senior Police Officer present shall take command of all those who from the guard whether police, warders or the like.
(b) The Officer-in-command is responsible for the conduct of the guard. The Deputy Commissioner shall either himself inspect the guard or cause it to be inspected at short intervals.

(c) Accommodation shall be provided and arrangements for water supply shall be made by the department to which, or person to whom the guard is furnished.

28. Escorts for arms and ammunition. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Senior Deputy Commissioner, Armed Police, indenting for arms and ammunition shall provide an armed escort to take delivery at the Arsenal, on being notified by the Military authorities of the date on which their requirements will be ready for issue.
(b) The normal escort will consist of 1 Havildar and 3 Sepoys but shall never be less than 1 Havildar and 3 Sepoys. The escort Commander shall be given a written authority to take delivery of the arms and ammunition and should be instructed that if circumstances necessitate it, there should be no hesitation in using his escort’s weapons to protect his charge and to ensure the safety of the consignment from capture.

(c) Similar arrangements should be made mutatis mutandis in taking delivery of revolvers and revolver ammunition from private firms. The Senior Deputy Commissioner, Armed Police, shall in such cases use his own discretion regarding the strength of the escort required to ensure safe delivery.

29. Requisitions for escorts. – All requisitions for escort must be sent to the office of the senior Deputy Commissioner, Armed Police at least 72 hours before the time at which it is required.
30. Requisitions for escorts and Command certificates. – Requisitions for escorts and Command Certificates shall be filed in the office.
31. Requisitions for Force to be charged. – Requisitions for the supply of Force, received from officers or private parties or individuals where charges are realised at the daily or monthly rates sanctioned by Government, are to be sent to the Calcutta Police Directorate along with the Command Certificates.
32. Outbreaks in Jails. – In the event of an outbreak in the Presidency or the Alipore Central Jail the Superintendent of the Jail should at once ask the Deputy Commissioner of Police, South Division, to take charge of the operations. The Superintendent of the Jail will, however, continue to remain in charge of the jail but all action for quelling the outbreak will be taken by the Deputy Commissioner of Police, South Division, if necessary after obtaining the required number of Armed Force from the Senior Deputy Commissioner, Armed Branch.
On receipt of information over the phone from Central or Presidency Jail or from Lallbazar Control Room or Deputy Commissioner, South Division, about an outbreak of any disturbance in the jail, the officer on duty Body Guard Lines Control Room shall sound the gong. The Bugler on hearing the gong will blow alarm blasts. All available officers and men on hearing the alarm blasts shall assemble under the portico of the Body Guard Lines, Administrative Buildings. The seniormost officer present will then send about 40 sepoys with lathis and six muskets in charge of a Non-Commissioned Officer in a big truck to the jail concerned. The remaining force will stand to till all clear message is received.
33. Office of the senior Deputy Commissioner, Armed Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Senior Deputy Commissioner, Armed Police shall have his own office with the requisite executive duel ministerial staff for reserve work and drawal of establishment pay bills of the force working under him.
34. Complaints. – All complaints reported by Non-Commissioned Officers and Sepoys shall be entered in the General Diary by the Duty Officer, and submitted through the Assistant Commissioner to the Senior Deputy Commissioner, Armed Police.
35. Cooks. – Cooks have been sanctioned for the Armed Police, and on no account the strength is to be exceeded. The men may employ cooks at their own expenses, but they should not be entitled to get the benefits, etc., like those employed by the Department.
36. Kukris. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Gurkha personnel of the Armed Police are allowed to have Kukris, but not while on duty and in uniform.
37. Living of married men outside barrack. – Sepoys chosen from those who are married, will be allowed to live out of barracks. The proportion may be varied by the Commissioner as necessity arises, but ordinarily, the number of married sepoys that will be allowed to live out of barracks, shall not exceed 25 per cent, of the number sanctioned for employment in the Company. No sepoy can claim to be allowed to live out of barracks as of right. Each man who desires to live out of barracks, must apply to the Deputy Commissioner, through the usual channel, giving details of the house in which he desires to live.
A register shall be kept in each Company showing the names of the sepoys who have been allowed to live out of barracks, and containing details of their addresses.
Men allowed to live outside barracks must report to the Sergeant-Major their addresses, and also changes of the same in future. In case of any change, it will be open to the Deputy Commissioner to object to the new residence which the sepoy proposes to take up.

CHAPTER XI

Hackney Carriage Branch and Police Service Depot

A – Hackney Carriage Branch

1. Control and Supervision over Hackney Carriage Branch. – (a) A Deputy Commissioner is the controlling head of this branch and is responsible to the Commissioner for the efficient working of the branch.
(b) He is the registering officer under the Hackney Carriage Act, 1919. All hackney carriages and rickshaws in Calcutta and its suburbs are registered and licenses granted to drivers and bearers respectively under his orders.

(c) He is the drawing and disbursing officer of the department.

2. Duties of the Inspector, Hackney Carriage Branch. – The Inspector, Hackney Carriage Branch, inspects the hackney carriages, rickshaws and horses produced for registration and keeps general check over the office work in respect of the issue of licenses to the hackney carriage drivers and rickshaw bearers. He details his staff daily and arranges surprise raids for the checking of offences under the Calcutta Hackney Carriage Act, 1919. He personally checks registers of this branch.
3. Duties of Head Assistant, Hackney Carriage Branch. – The Head Assistant, Hackney Carriage Branch, is in general charge of the ministerial staff, arranges distribution of their work and keeps a proper supervision over them. He deals with all Government and other important files and puts up notes to Deputy Commissioner for orders. He is responsible for the safe custody of the stock of cash receipt books and for the proper maintenance of stamp register. He prepares the annual administrative report and other annual statement.
4. Reserve Officer. – An Assistant Sub-Inspector works as a Reserve Officer of this branch. He is responsible for reserve work.
B – Police Service Depot

5. Functions of Police Service Depot. – The Service Depot of Calcutta Police is intended for servicing of and repairs to all Calcutta Police vehicles. The Depot is under the direct control of an Assistant Commissioner of Police.
6. Composition of Police Service Depot. – The Police Service Depot is divided into two broad divisions – (a) Office, (b) Workshop.
(a) Office

(i) An Inspector to be in charge of office and stores. – The office hours are from 10 a.m. to 5 p.m. on weekdays and 10 a.m. to 1.30 p.m. on Saturdays. An Inspector of Police is in charge of the office and stores. He checks up the stock-book of the stores, job cards, log books, etc., and exercises general supervision over the work of the Service Depot. He is also responsible for the disbursement of pay to constables and menial staff.

(ii) Purchase of stores. – Whenever stores are purchased quotations are invited from firms approved by Government. After receipt of the quotations the same are scrutinised and a comparative chart of the rates quoted, is prepared. Where necessary the Depot Superintendent is consulted and his views taken regarding the suitability of the articles quoted by the firms. Orders are placed after the Assistant Commissioner in charge of the Service Depot, has passed orders.

(iii) Taking into stock of articles supplied. – The articles supplied are taken into stock by the storekeeper after they are examined and found in order by a committee consisting of the Inspector, the Superintendent and the foreman. Periodical stock-taking is done by the Assistant Commissioner of Police. Surprise checks of the stores are also done by him.

(iv) Supply of articles from the store on requisition. – Whenever any article is required to be supplied from the store a requisition is made by the foreman or the assistant foreman in the former’s absence. The old parts of the vehicles which cannot be used any further are Stored and sold in due course by public auction.

(b) Workshop

(i) Depot Superintendent to be in charge of workshop and technical staff. – The Depot Superintendent is in charge of the entire workshop and technical staff. He is responsible for the maintenance and repairs and servicing of all vehicles sent to the Depot for attention. He is responsible for the maintenance of discipline of the Depot staff and exercises overall supervision over the works done in the workshop.

(ii) Hours of attendance in the workshop. – The hours of attendance are from 8.30 a.m. to 5 p.m. with half an hour break at 1 p.m. on weekdays and from 8.30 a.m. to 1 p.m. on Saturdays., No outsider is allowed to come inside the workshop.

(iii) Sections of workshop. – The workshop consists of the following different sections :-

(a) The Heavy Section – lorries, big trucks, etc., are attended to in this section.

(b) Jeep and private car section.

(c) Motor Cycle section.

(d) Battery Shop.

(e) Machine Shop.

(f) Soldering section.

(g) Welding section.

(h) Blacksmith section.

(i) Carpentry section.

(j) Painting section.

(k) Tyre section.

(l) Servicing section.

7. Examination of vehicles and for servicing and repairs. – (i) All vehicles sent to the Depot for servicing and repairs are first examined by the Depot Superintendent or foreman or one of the assistant foremen who prepares a job card for the repairs necessary. A requisition of parts necessary for the repairs is made by the foreman or the assistant foreman through the Depot Superintendent.
(ii) Chart of vehicles received for repairs, sent out after repairs and remaining in the workshop for attention. – Every day a chart is prepared showing the numbers of vehicles received for repairs on the previous day, the numbers of vehicles sent out on the previous day after repairs and the numbers of vehicles remaining in the Workshop for attention. This chart is put up to the Depot Superintendent every day for his scrutiny.

(iii) Publication in the Calcutta Police Gazette of a chart showing the dates on which different vehicles are to be sent for the Depot for servicing. – All Calcutta Police vehicles are serviced once a month. A chart showing the dates on which different vehicles are to be sent to Depot for servicing is published in the Calcutta Police Gazette by the last week of each month. The chart is also circulated to the different units where the vehicles are ordinarily kept.

(iv) Control over movement of vehicles. – The movement of vehicles is under the control of the Transport Section at Lallbazar, working under direction of an Assistant Commissioner.

(v) List of registers maintained in the Police Service Depot. – A list of registers maintained in the Police Service Depot is given in Appendix.

CHAPTER XII

Traffic Department

1. Control and supervision. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Traffic Department of the Calcutta Police shall be under the control and supervision of a Deputy Commissioner of Police assisted by two Assistant Commissioners of Police.
2. Set up of the Traffic Deptt. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Traffic Department of the Calcutta Police shall be broadly divided into the following units :-
(1) Administrative Section.

(2) Investigation Branch.

(3) Reserve Office.

(4) Traffic Records and Statistics Section.

(5) Planning and Survey Section.

(6) Traffic Control Room.

(7) Road Safety Propaganda and Education Section.

(8) Process Section.

(9) Claims Section.

(10) Miscellaneous Section.

(11) Traffic Guards.

(12) Traffic Training School.

(13) Road Signals, Signs and Marking Section.

3. Duties of Assistant Commissioners, Traffic Police. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Assistant Commissioners of Traffic Police shall in addition to their duties elsewhere prescribed do such duties as may be allotted to them by the Deputy Commissioner of Police, Traffic Police, with the approval of the Commissioner.
4. Administrative Section. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Administrative Section shall deal with all correspondences and matters relating to the administration of the office of the Deputy Commissioner of Police, Traffic Police.
5. Investigation Branch. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Investigation Branch shall comprise of three Sections, viz., (1) Motor Collision Report and Accident Investigation Section, (2) Traffic Police Fatal Squad, and (3) Minor Traffic Rules Violation Case Section.
(a) The Motor Collision and Accident Investigation Section shall work on thana basis. The investigation of Motor Collision cases registered at a Police Station shall be the responsibility of the Officer-in-charge of the concerned thana for so long as the investigation is not taken over by the Traffic Police Fatal Squad. The investigation of the traffic cases except those undertaken by Fatal Squad shall be undertaken by the officers of the thana concerned who are placed on deputation to the thana from Traffic Police. For every motor collision case recorded in the Police Station, Daily Traffic Accident Report Form shall be filled up in triplicate, the first copy to be sent to the Traffic Records and Statistics Section of Traffic Department immediately after the case is recorded, the second copy to be sent to the said Section after completion of investigation and the third copy to be retained in the thana.

(b) The Traffic Police Fatal Squad shall deal with serious street accidents involving death, injuries requiring admission in hospital and cases in which Police vehicles and Police personnel are involved. The Squad shall work round the clock to attend to any emergent call for immediate investigation.

(c) The Minor Traffic Rules Violation Case Section shall deal with cases relating to private cars, taxis, public buses, lorries, foreign cars, tram cars, and shall carry out raids to enforce traffic rules as often as possible. This section shall include Traffic Violation Bureau which shall deal with spot notice cases.

6. Reserve Office. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Reserve Office shall deal with leave, pay, and matters connected with the equipment, discipline and general management of the force of the Traffic Department.
7. Traffic Records and Statistics Section. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Traffic Records and Statistics Section shall maintain accident spot maps, accident location files, driver accident violation records and vehicles records. It shall also be responsible for collection, compilation and analysis of the statistics relating to accidents, law enforcement and other sample surveys undertaken in connection with planning of traffic operations.
8. Planning and Survey section. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Planning and Survey Section shall be responsible for formulation of traffic measures, traffic studies, planning installation of traffic control devices, giving suggestions for selective physical improvements and research and official co-operation.
9. Traffic Control Room. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Traffic Control Room shall function round the clock in shifts as may be fixed by the Deputy Commissioner of Police, Traffic and shall be placed in-charge of a Senior Sergeant known as O.S., Traffic Police. He shall be provided with a stand-by force to deal with traffic problems. The Traffic Control Room shall be charged with the following duties :-
(a) Coordination of the field work of the different Traffic Guards.

(b) Arrangement of special enforcement programmes.

(c) Traffic arrangements on special occasions.

(d) Arrangement for piloting and outriding.

(e) Clearance of traffic hold-ups and coordination of the activities of the different Traffic Guards for remote diversion.

(f) To answer to the queries of the members of the public.

(g) Reception and communication of messages.

(h) Tackling of emergent traffic problems.

(i) Taking action in cases of failure of traffic signal lights.

(j) Exercise of supervision over the Traffic Police motor transport.

(k) Any other special duties as may be allotted by the Deputy Commissioner, Traffic, with the approval of the Commissioner.

10. Road Safety Propaganda and Education Section. (Section 3, Bengal Act II of 1866)(Section 9, Bengal Act IV of 1866). – The Road Safety Propaganda and Education Section shall be responsible for undertaking road safety propaganda work in cooperation with Safety First Association. It shall undertake safety education of the school children, drivers and adult pedestrians. It shall organise road safety information services by lectures, pamphlets, posters, radio broadcast, film shows, etc.
11. Process Section. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Process Section shall execute warrants, summonses and attachment orders in respect of traffic cases instituted by the Calcutta Police. Processes issued by other Courts in India in respect of traffic offences shall also be executed by the staff of the Process Section if the offenders are residents of Calcutta.
12. Claims Section. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Claims section shall furnish in the prescribed form, to a person claiming compensation in respect of an accident arising out of the use of a motor vehicle, or to an insurer against whom a claim has been made in respect of any motor vehicle, any information, at the disposal of the Traffic Police Investigation branch, relating to identification marks and other particulars of vehicles and names and addresses of the persons either injured by or using the vehicles at the time of accidents on payment of fees prescribed by the Commissioner.
13. Miscellaneous Section. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – Miscellaneous section shall be responsible for obtaining supply of clothings from Clothing Department and their proper distribution to the officers and men of the Traffic Department. This section shall also perform such other duties as may be allotted to it from time to time by the Deputy Commissioner of Traffic with the approval of the Commissioner.
14. Investigation into road accident cases. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – (a) The Police Station shall be the basis reporting centre of all road accidents involving fatal accident cases, serious injury cases, serious collision cases, cases of collision with minor injuries to persons, cases of collision with damage to property and cases of collision resulting in slight or no damage. For this purpose in all Police Stations registers shall be maintained in West Bengal Form No. 403(Q) wherein all occurrences of collision, break down and running down in which one or more motor vehicles or tram cars are involved shall be entered. It shall be the responsibility of the Officer-in-Charge of the police station to send prompt intimation of any such accident to the Officer-in-Charge, Control Room, Lallbazar and also to the Officer-in-charge, Traffic Control Room; the latter, in turn, shall pass on the information to the appropriate sections of the Traffic Department for needful action and shall utilise his stand by force where necessary. It will be the responsibility of the Officer-in-charge, Control Room to arrange for diverting. Radio Flying Squad at the scene of Traffic accidents or Traffic Police; and inform Deputy Commissioner of Police, Traffic Police; and if the traffic problem is complicated he should inform Deputy Commissioner of Police, Headquarters and the Commissioner of Police.
On receipt of information of a serious motor accident case involving death or serious injury, the Investigating Officer of the Traffic Police Fatal Squad shall forthwith rush to the scene of accident and commence investigation, but before the arrival of the officer from the Traffic Fatal Squad, the Officer-in-charge of the Thana concerned shall take steps as provided in regulation 15, if not already done by traffic policemen. In hit and run cases, messages shall also be sent to Wireless with a view to apprehending the driver. The Investigating Officer shall carefully examine the scene of accident for collection of physical evidence and, if necessary, the services of the forensic expert should be requisitioned. He shall also get the vehicles involved in the accident examined by the Mechanical Sergeant of the Traffic Department.
If the Investigating Officer is satisfied that the collision was preventible he shall institute an FIR without waiting for orders of his superiors and arrest the driver. The Investigating Officer shall keep the superior officers informed about the progress of investigation and within 24 hours of the commencement of investigation, a report shall be submitted by him in the prescribed form to the controlling Inspector who shall forward the same to the Assistant Commissioner of Police with his recommendations. The Assistant Commissioner shall pass orders regarding final form on the same day of its receipt. A cognisable case shall be instituted in respect of any accident which is attributable to rashness or negligence on the part of the driver.
In all cases of collisions in which cognisable cases are instituted, the Investigating Officer shall keep record of the proceedings in connection with the investigation of different cases in the prescribed case diary. The diary shall be written in duplicate in carbon paper. The Inspector-in-charge of the section, shall keep himself in constant touch with the progress of investigation of the case to ensure that investigation is pushed through without delay. The orders regarding final form of the cases investigated by the Traffic Police Fatal Squad shall be passed by the Deputy Commissioner of Police, Traffic. In respect of other cases orders regarding final form shall be passed by the Assistant Commissioner of Police, Traffic, in-charge of investigation.
In motor collision cases, other than those investigated by the Traffic Police Fatal Squad, the Investigating Officer shall visit the places of occurrence as quickly as possible. The services of the forensic expert and the photographer may also be requisitioned by him in deserving cases. Requisitions for mechanical examination of vehicles involved in collisions if necessary, shall be sent by him to O/S, Traffic Police through the Officer-in-charge of the Thana. The enquiry into the causes and the circumstances of the collision shall be completed by him within 24 hours of the commencement of the enquiry and a report shall be submitted to the controlling Inspector in the prescribed form. The Investigating Officer shall give his comments as to whether the accident can be ascribed to culpable rashness and negligence on the part of any driver of any of the vehicles involved in the accident. The accident report form shall be forwarded to the Assistant Commissioner of Police, in-charge of investigation, by the Inspector, incharge of the section, and the Assistant Commissioner will pass disposal orders thereon. The procedure of investigation of cognisable cases will be the same as mentioned in the cases of fatal or serious injury.
When the identity of the offending vehicle or the driver cannot be ascertained or when no witness is available as regards the causes and circumstances of the accident, a report should be sent to the Station Director, All India Radio requesting that the message be broadcast. In all hit and run cases whenever description or particulars of the vehicle are available. Headquarters Control Room, should be immediately informed who in turn shall alert all patrolling Wireless cars, neighbouring Police Headquarters and Traffic Control Room and the look-out notices should be issued for apprehension of the absconding driver and the vehicle.
For cases sent up for trial, the chargesheet drawn up in West Bengal Form No. 4251, should be sent along with the case diaries and a case summary in the prescribed form.
The Investigating Officer shall prepare a map or plan of the place of occurrence as promptly as possible. The map shall preferably he drawn to scale. If the map is not drawn to scale a note shall be made indicating the aforesaid fact. The map or plan shall also be enclosed with the chargesheet form in all cases sent up in court for trial.
The Investigating Officer shall render all possible assistance to the Prosecutor and he shall also remain responsible for production of witnesses in Court. He shall attend the Court on all days of hearing of the case.
On final disposal of the case, in which the accused person or persons have been acquitted in the court, the Court Officer shall prepare a final memorandum and forward the same to the Deputy Commissioner of Police, Traffic, through the controlling Inspector and the Assistant Commissioner of Police, Traffic in-charge of investigation. A copy of the judgment of the case as also the comments of the Police Prosecutor shall be enclosed with the final memorandum. The Inspector and the Assistant Commissioner of Police shall record their comments before forwarding the final memorandum to the Deputy Commissioner of Police, Traffic.
In cases, which end in conviction, the Court Officer shall record on the final memorandum the description of the convict and the sentence passed by the Court. The Controlling Inspector and the Assistant Commissioner of Police, in-charge of investigation, while forwarding the final memorandum to the Deputy Commissioner of Police, Traffic, shall give their recommendations regarding special merit, if any, displayed by the Investigating Officer.
(b) Petty cases and Minor cases under the M.V. Act. – Traffic cases under the Calcutta Police Act, 1866 or the Calcutta Suburban Police Act, 1866 or the Motor Vehicles Act, 1939 or any other Act instituted by arresting the offender will be dealt with in the Police Station as petty cases. In respect of other cases, i.e., citation cases undertaken by Traffic staff, the Traffic Police Officers shall enter the number of the offending vehicle in his pocket book immediately after the detection of the offences. On their return to the respective Guard Offices, the case report shall be transcribed in the Traffic Case Book. Each Traffic Police Guard shall be provided with the following traffic case books and a reference register for the purpose of recording all minor cases under the Motor Vehicles Act, 1939:

(1) Traffic Case Book (W.B. Form No. 4697) for private cars.

(2) Traffic Case Book (W.B. Form No. 4697A) for taxis.

(3) Traffic Case Book (W.B. Form No. 4697B) for lorries.

(4) Traffic Case Book (W.B. Form No. 4697C) for buses and Trams.

(5) Traffic Case Book (W.B. Form No. 4697D) for foreign cars.

(6) Traffic Reference Register (W.B. Form No. 4699).

The case books shall thereafter be sent to the Minor Traffic Rules Violation Case Section of the Traffic Office. On receipt of the Case Books, the relevant columns of the Khatian (W.B. Form No. 4698) shall be filled in immediately. The Minor Traffic Rules Violation Case Section will take follow-up action in respect of the reports and all movements of the case books shall be recorded in the movement register. Notices under section 88 of the M.V. Act, 1939, shall be issued to the registered owner in the prescribed form for obtaining the particulars of the driver and his explanation. If no reply is received to the notice within one week of its despatch, a second notice should be sent by registered post.
The Inspector, in-charge of the Minor Traffic Rules Violation Case Section, shall scrutinise the explanation of the driver as also his past driving record. The Inspector should be able to distinguish between bona fide mistake and deliberate violations and shall observe the instructions laid down from time to time as regards the policy of instituting prosecutions for traffic offences.
The prosecution reports shall be written in challan forms in triplicate (W.B. Form No. 4677). The challan form shall be sent to Court after an entry in the appropriate challan register. The Inspector shall ensure by constant supervision that the cases do not pend unnecessarily. While instituting prosecutions under section 115/116 M.V. Act, 1939, the provisions of section 131 of the said Act should be strictly complied with.
(c) Spot notice cases. – Spot notice shall only be issued in parking offences in such areas as may be prescribed from time to time by the Deputy Commissioner of Police, Traffic Department. The notice shall be prepared in triplicate in the prescribed form. The first copy of the notice shall be served on the offender and in case of an abandoned vehicle the notice should be kept in the car. The second copy shall be sent to the Traffic Violation Bureau. The third copy shall be kept with the officer who institutes the case. The notice shall contain a direction to the offender to appear before the Deputy Commissioner of Police, Traffic. The Deputy Commissioner or such other officer nominated by him shall exercise his discretion in instituting prosecution after taking into consideration the previous driving record of the offender.

(d) Citation cases undertaken by the thana staff. – Citation cases, i.e., the cases instituted by taking the number of vehicles by thana staff. The violation shall initially be recorded in the pocket books and thereafter transcribed in the respective case books at the police station. The case books shall be superscribed with the abbreviated indices of the police station and sent to the Minor Traffic Rule Violation Case Section after making necessary entries of the Reference Register.

15. Action to he taken by the Traffic Police when accidents occur. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – When accidents occur in the streets, the Traffic Police must (i) attend promptly to the injured; if necessary, by obtaining medical aid or having them removed to the hospital; (ii) enquire for witnesses, especially independent witnesses; (iii) obtain help if necessary, e.g., from the police station or by requesting for a wireless car; (iv) prevent obstructions or damage being caused to the vehicles concerned in the accident; (v) send for a technical officer from the Officer-in-charge, Traffic Control Room, if necessary; (vi) take particulars in the appropriate accident report book.
Prompt steps must be taken to prevent traffic being endangered or unduly impeded, and if serious obstruction occurs or seems likely immediate intimation should be sent to the Traffic Control Room. Traffic Police on the spot should meanwhile regulate and divert traffic as necessary. At night, a lantern should be placed so as to inform the approaching traffic of any obstruction.
Traffic Police should try to keep the vehicle or vehicles involved in accidents, exactly where those had been when first found and not allow cars or control to be interfered with or even adjusted unless (i) care of the injured makes it necessary to move the vehicle, (ii) vehicle causes serious dislocation or (iii) the arrival of the technical officer from the Traffic Control Room is unduly delayed.
16. Traffic Guards, and Central Traffic Squad. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – There shall be a number of traffic guards for the purpose of law enforcement work of the traffic police situated in different parts of the city.
The areas included in each guard shall be determined from time to time by the Deputy Commissioner of Police, Traffic Police with the approval of the Commissioner. In addition to Traffic Guards a Central Traffic Squad consisting of Inspectors and Sergeants shall function from the Traffic Headquarters and officers of this Squad shall be employed for Mobile Traffic Patrols.
17. Functions of Traffic Guards. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Traffic Guards shall be responsible for deployment of force for the following duties:
(i) Stationary police posting at important inter-sections in the city to direct vehicular and pedestrian traffic, to apprehend violators and to detect motorists and pedestrians taking unnecessary risks.

(ii) Arranging mobile foot patrols covering several blocks to detect violators at points other than inter-sections.

(iii) Deployment of Motor Cyclist patrols covering a wide area to detect speeding, dangerous and hazardous driving and mobile and stationary offences relating to vehicles and drivers.

Note. – The area in each Traffic Guard shall be divided into zones, beats and posts in accordance with the traffic criteria.

18. Duties of Officers-in-charge, Traffic Guards. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of the Officer-in-Charge. Traffic Guards, shall be as follows:
(i) He shall remain responsible for the discipline turn out, training, health, messing and morale of the force placed under his charge. He shall exercise intensive supervision over the work of the subordinate officers.

(ii) He shall go through the daily dak twice a day in the morning as also in the evening.

(iii) He shall maintain strict vigilance over the circulation of traffic on the different roads in his area and take prompt action in cases of congestion or hold-ups.

(iv) He shall study problems for the areas which are prone to accidents and communicate his suggestions to the Deputy Commissioner of Police, through proper channel.

(v) He shall take a special note of the areas where compliance of the traffic laws and regulations are poor and organise special raids in appropriate cases.

(vi) He shall draw up plans of traffic arrangement for special occasions in cases other than those dealt with by the Traffic Control Room.

(vii) He shall make special arrangements for handling traffic on the roads which are under repair.

(viii) He shall keep close watch on the traffic signs, road markings and the automatic signals and any defect in such aids to traffic circulation should be promptly reported to the Traffic Control Room.

(ix) He shall make special traffic arrangements at places where children cross the roads.

(x) He shall arrange in service refresher course of training of Head Constables and Constables on traffic control and traffic laws and regulations in consultation with his superiors.

(xi) He shall attend the night roll call in his Guard as frequently as possible. He shall inspect the kits of the officers and men under his charge.

(xii) He shall go through the general diary of the guard and forward the same in original to the Assistant Commissioner of Police, in-charge of the supervision of the Traffic Guards.

(xiii) He shall exercise proper supervision over the case work in the Guard to ensure that all cases are promptly transcribed from the pocket books of the Constables to the case books.

(xiv) He shall report inadequacy of street lighting, bad conditions of the roads, etc., to his superiors.

(xv) He shall perform such other duties as may be ordered by the Deputy Commissioner of Police, Traffic Department.

19. The Duties of Sergeant attached to a Traffic Guard. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of the Sergeant attached to a Traffic Guard shall be as follows:
(i) He shall be responsible for enforcing all traffic regulations in his beat or patrol and also supervise directional flow of traffic.

(ii) He shall, on no account, leave his beat or patrol during the period of his duty.

(iii) He shall always remain smart and clean.

(iv) He shall supervise the working of the Head Constables and Constables of his beat.

(v) He shall sign the pocket books of all Traffic Police Constables under him on duty.

(vi) In the case of motor cycle patrol he shall sign pocket books of all Head Constables and Constables, whom he meets during the period of patrol.

(vii) While on motor cycle, he shall be mainly responsible for maintaining order in traffic and to take actions against reckless and hazardous driving.

(viii) He shall perform enquiries into miscellaneous papers and timely execute court processes endorsed to him.

(ix) He shall ensure that Head Constables and Constables on duty are properly dressed.

(x) He shall ensure that the carriage ways and pavements do not remain obstructed by unauthorised occupation and see that circulation of traffic has smooth flow always.

(xi) He shall check case books, reference registers, pocket books and inspect the Guard and barrack in course of his morning office duty.

(xii) He shall be subject to supervision of the Officer-in-charge and shall assist him in maintaining discipline in the Guard and on the road and in the guard administration, and shall carry out such other duties as may be allotted to him from time to time by his superior officers.

20. Duties of Jamadar attached to a Guard. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of a Jamadar attached to a Guard shall be as follows :-
(i) He shall function as a welfare-cum-discipline officer for the barrack and guard.

(ii) It shall be his duty to ascertain the genuine grievances of men living in the barrack and take necessary action through his Officer-in-charge,

(iii) He shall maintain movement register of the Guard for the movement of the men.

(iv) He shall attend night roll call daily, at 9 p.m.

(v) He shall keep the barrack and the Guard ready for inspection between 7 a.m. and 9 a.m. and 4 p.m. and 5 p.m. daily except on holidays.

(vi) He shall maintain cleanliness of the barrack and Guard office and shall see that the messes function properly.

(vii) He shall supervise the work of the Guard sweepers.

(viii) He shall check the turnout of every outgoing file and brief them about their duties.

(ix) He shall assist the Officer-in-charge in organising in-service training.

(x) He shall maintain the Government property of the Guard.

(xi) He shall assist the Officer-in-charge in deployment of the force and maintaining night roll call registers.

(xii) He shall act directly under the Inspector-in-charge of the Guard.

21. Duties of Head Constable attached to a Guard. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of Head Constable attached to a Guard shall be as follows :-
(i) He shall see that his group of men are well behaved and bring to the notice of the Jamadar of the Guard anything wrong.

(ii) When file is leaving the Guard for duties, he shall march the file out in proper manner.

(iii) On the street he shall visit the men under his control frequently during his tour of duty and sign the pocket books of the Constables he visits on round.

(iv) It is his duty to instruct and rectify any defect he may notice in the work of the Constables under him and see that all traffic laws are obeyed.

(v) He should be mindful and well behaved and courteous on the streets.

22. Duties of Constables attached to a guard. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of Constable attached to a Guard shall be as follows :-
(i) He shall be smartly and cleanly dressed.

(ii) He shall obey all the directions of his superiors.

(iii) He shall abide by all the regulations of the police force.

(iv) He shall be mindful of the fact that he shall be always courteous in his behaviour while on duty.

(v) He shall attend all duties and night roll call in time.

(vi) While on static duty, he shall see that the traffic is controlled properly, and traffic signals are obeyed.

(vii) While on patrol duty or working as an additional force at a crossing, he shall see that –

(a) traffic rules are not violated;

(b) pedestrians cross with proper signal;

(c) hawkers do not occupy the pavement and roads;

(d) all traffic restrictions are enforced; and

(e) beggars do not come on the road and pester the motorists.

(viii) He shall see that the circulation of traffic remains smooth and unobstructed.

(ix) He shall follow the directions of his superiors and remain alert while on duty.

(x) He shall take proper action against law-violators courteously and take the numbers of the offending vehicles in his pocket book and report the case immediately on return to the Guard.

23. Registers to be maintained in Traffic Guards. – The following registers shall be maintained in the Traffic Guards:
(i) Duty Register of Jemadar, Head Constable and Constables in which day-to-day place and time of duty are written.

(ii) Night Roll Call Register.

(iii) Movement Register where every Head Constable and Constables shall enter his purpose and place of visit before leaving the barrack while off duty.

(iv) General Diary.

(v) Duty Register for Sergeants.

(vi) Default Register – Two Volumes.

(vii) Night Roll Call Permission Leave Register.

(viii) Process Registers for Enquiry Papers.

(ix) Process Register for Court Processes.

(x) Punishment Drill Register.

(xi) Government Property Register.

(xii) Leave Register in three volumes:

(a) Earned leave.

(b) Casual leave.

(c) Medical leave.

(xiii) Hospital and Sick Register.

(xiv) Disposition Register.

(xv) Reference Register for minor cases.

(xvi) Petty Case Record Maintaining Register.

(xvii) Look-out notices for wanted vehicles.

(xviii) Daily Dak Register.

(xix) Daily dak Register.

(xx) Check Post Register.

(xxi) In-service Training Register.

(xxii) Pocket Books Register.

(xxiii) Street Directory Register.

(xxiv) Boot Polish and Metal Polish. Register.

(xxv) Sun Goggles Issue Register.

24. Pocket books and Case books. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Traffic personnel shall be provided with pocket books. The cases detected on the road and noted in the pocket books should be transcribed in the appropriate case books, the serial numbers of the traffic case books being noted against the relevant serial number of the reference register.
It shall be the responsibility of the Officer-in-charge of the Guard to scrutinise the pocket books, the case books and the reference register. Each case book and the relevant entry in the pocket book shall be checked by a Sergeant. The case books shall be sent to the Minor Traffic Rules Violation Case Section for further follow-up actions. Case books shall be transcribed by them within 24 hours of the detection of the traffic violation. As regards the cases instituted by the Sergeants the case books shall be transcribed by them and case books should bear the signature of the Officer-in-charge of the Guard.
25. Functions of Traffic Training School. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Deputy Commissioner of Police, Traffic Police, will be ex officio Director of the Traffic Training School. The School shall hold 6 to 7 instructional classes during the year as a regular routine work. The duration of each class shall be six weeks. The curriculum shall include lecture courses and field work, and also on-the-spot studies on the subjects of traffic control and regulation, drill in traffic signalling, operation of lane system of traffic circulation, pedestrian crossings, traffic control light signals operated manually or automatic, police laws and procedure, traffic rules, Motor Vehicles Act and Rules. Officers shall be trained in the methods of piloting and out-riding required during the visits of the VIPs. The curriculum shall also include lectures by experts concerning automobiles and their registration, taxation, etc., duties of traffic police on incidence of fire, and operation of Hackney-carriage Act. The officers shall be given an opportunity to study the methods of applying scientific aid to traffic accident investigation. Apart from the State Police officers and men the Traffic Training School may impart lessons to the Army personnel and the officers and men of other States in India and also from foreign countries.
Calcutta Police Sergeants and other ranks shall be periodically sent to undergo a refresher course in traffic training at the school.
26. Functions of Road Signal, Signs and Marking section. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The Road Signal, Signs and Marking Section shall be responsible for maintaining Road Signals and the street signs and putting marks on the roads in collaboration with the Planning and Survey Section.
27. Duties of Traffic Engineer. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). – The duties of Traffic Engineer shall be as follows:
(1) He shall undertake different traffic studies required for prior analysis of the problem and for determination of corrective system.

(2) He shall devise frame measures for reducing congestion and minimising accident risk.

(3) He shall design traffic control devices, e.g., sign markings and automatic light signals for minimising traffic conflicts.

(4) He shall work out schemes of selective physical improvements for alleviating causes of traffic accidents and congestion.

(5) He shall co-operate with the various road authorities with a view to apprising them of the traffic requirements.

(6) He shall do such other duties as may be allotted to him from time to time.

Categories: Police regulations

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