POLICE – Advocatetanmoy Law Library

Section 167(3) of Cr.PC requires the Magistrate to record reasons for granting remand to police custody

November 30, 2018Advocatetanmoy

ANDHRA PRADESH HIGH COURT

SINGLE BENCH

( Before : Vaman Rao, J )

MD. JAHANGEER

Vs.

STATE OF A.P.

Criminal RC No. 123 of 2000

Decided on : 08-02-2000

Criminal Procedure Code, 1973 (CrPC) – Section 167(3), Section 3, Section 376, Section 397, Section 435, Section 561

Cases Referred

State of Gujarat Vs. Swami Amar Jyoti Shyam, (1989) CriLJ 501 : (1989) 1 GLR 217
Counsel for Appearing Parties

Mr. Prabhakar Reddy, for the Appellant; Public Prosecutor, for the Respondent

ORDER

1. This revision case purported to have been filed u/s 397 read with Section 401 Cr.PC challenges the order dated 5-2-2000 passed by the Sub Divisional Magistrate, Bhadrachalam in Criminal MP No. 10 of 2000 in Crime No.2 of 2000 of PS Chinthoor. It is however pointed out by the learned Public Prosecutor that as the matter arises from agency area, it is the Criminal Procedure Code, 1898 that is applicable and not the new Criminal Procedure Code of 1973. The learned Counsel for the petitioner requests this Court to treat this case as a revision u/s 435 of Cr.PC 1898 or in the alternative as a petition u/s 561-A of Cr.PC 1898 for invoking the inherent powers of this Court for challenging the order of the Sub Divisional Magistrate. It appears that the petitioner was involved in an offence punishable u/s 376-G IPC and Section 3(1)(xii) of SCs and STs (PA) Act in Crime No.2 of 2000 on the the of PS Chinthoor, Khammam District. It aiso appears that having come to know of the registration of FIR against the petitioner, he has surrendered before the Chief Judicial Magistrate, Khammam on 31-1-2000, who directed him to be remanded to the judicial custody. The petitioner was accordingly lodged In judicial custody in Sub Jail Khammam. Thereafter, on 4-2-2000 the Assistant Superintendent of Police, Bhadrachalam moved an application before the Sub Divisional Magistrate, Bhadrachalam u/s 167(3) of Cr.PC seeking police remand in respect of the petitioner. The learned Sub-Divisional Magistrate accordingly granted police remand for three days commencing from 10.30 a.m., on 9-2-2000. The learned Magistrate also directed some safe guards against using of third degree methods on the petitioner. The learned Counsel for the petitioner contends that neither the application filed by the Assistant Superintendent of Police contains any reasons or any purpose for which police remand is sought, nor the order passed by the learned Magistrate records any reasons to justify the grant of police remand in respect of the petitioner. The learned Public Prosecutor however contends that there is no need for giving any specific reasons for granting of police remand and if the facts and circumstances justify, the Magistrate has powers to grant police remand in respect of an accused. To appreciate the rival contentions, it will be convenient to extract the provisions of Section 167(3) of Cr.PC, 1973 as under:

“167. Procedure when investigation cannot be completed in twentyfour hours:

(3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.”

2. Thus it is apparent from subsection (3) of Section 167 that a Magistrate shall record reasons while authorising the detention of the accused in the custody of police. The learned Counsel for the petitioner relied on a judgment of the Gujarat High Court reported in State of Gujarat Vs. Swami Amar Jyoti Shyam, , wherein it is held that remand to police custody of an accused cannot be granted as a matter of course. In the said judgment it was further observed that Section 167(3) of Cr.PC requires the Magistrate to record reasons for granting remand to police custody. The learned Counsel for the petitioner also relied on a judgment of this Court reported in Yelamanchili Mahesh Babu v. State of A.P. 1993 (2) ALT (Crl.) 464, wherein the learned Judge emphasised on the fact that in the instant case the police gave specific reasons for which remand to police custody of the accused was sought. The learned Judge further observed that the Magistrate has also recorded cogent reasons justifying the order of remand passed by him and it is in these circumstances, the learned Judge in that case, refused to interfere with the order of granting remand to police custody. In this case, as stated above, the application filed by the Assistant Superintendent of Police omits to mentions any reasons or purpose for which police custody is sought, except a bald statement that such a remand is required for further investigation in the case. The learned Sub Divisional Magistrate has also failed to record his reasons for remanding the petitioner to the police custody. Thus the requirement of Section 167(3) of Cr.PC does not seem to have been complied with in this case. In these circumstances, the order dated 5-2-2000 passed by the Sub Divisional Magistrate, Bhadrachalam in Criminal MP No. 10 of 2000 in Crime No.2 of 2000 is set aside. However this does not preclude the police from filing a fresh application for such remand giving reasons. In that case, the learned Sub Divisional Magistrate, Bhadrachalam shall pass orders basing on facts and circumstances of the case, recording his reasons for granting or for refusing the remand to police custody as required u/s 167(3) of Cr.PC. Accordingly this case is disposed of.

No costs.

(2000) 1 ALT(Crl) 445 : (2000) 2 AndhLD 831 : (2000) 1 AndhLD(Criminal) 639 : (2000) CriLJ 2188 : (2000) 3 RCR(Criminal) 296

Checks and balances for use of firearms by police force for dispersion of unlawful assemblies.

November 24, 2018Advocatetanmoy

While explaining Bengal Police Regulation Calcutta High Court in ASSOCIATION FOR PROTECTION OF DEMOCRATIC RIGHTS Vs. STATE OF WEST BENGAL AND OTHERS observed :

84. On the perusal of the Regulations it would appear that the Police ‘ Regulations provide a series of checks and balances for the use of firearms by the police force for the dispersion of unlawful assemblies. Regulation 151 provides that when a Magistrate is present with an armed party, employed for the suppression of a riot or the dispersion of unlawful assemblies, he shall give the warning prescribed by Regulation 153(c)(ii). Regulation 154 provides for general rules relating to the use of firearms. Regulation 155 specifies that the Magistrate may himself give the order to open fire or may direct officer in command to issue the order. In case the Magistrate is not present the officer himself can issue the order provided he considers it to be necessary. Regulation 156 provides for action to be taken after the police have used firearms. A detailed report is to be submitted to the District Magistrate. Regulation 157 provides that whenever the police have used firearms a full executive enquiry to ascertain whether the firing was justified and whether the Regulations were obeyed, shall be held as soon as it can possibly be arranged. Thus, it appears that the Regulations provide a comprehensive guide for the control of the use of firearms. We are unable to accept the submission of the learned Advocate General that since the Regulations 152 to 154 were complied with, the police cannot be accused of indiscriminate firing at the Nandigram “unlawful assembly”. We are of the considered opinion, that if Regulations 151, 152, 153 and 154 are strictly complied, there would be no scope for indiscriminate firing into a huge crowd. The Regulations permit only target specific shooting, which would be impossible when the police is faced with a crowd of thousands. Firstly it would be very difficult to identify the targets. Even if they are identified, they would have to be isolated before they could be shot. Therefore, detailed provisions have been made in these Regulations about the method and manner of firing. The object is clearly to minimise the injuries. Regulation 151 gives the power to the Magistrate when present to direct the Officer-in-Command to use force or open fire. Regulation 152 specifically provides for the precautions which have to be observed by a police officer in command of an armed party for the suppression of a riot or the dispersal of an unlawful assembly. The Regulation is as under:

152.-(i) he should so dispose it that it has effective a field of fire as circumstances permit;

(ii) he shall not bring it so close to a mob as to risk either its being overwhelmed by a sudden rush or its being forced to inflict heavy casualties;

(iii) 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;

(iv) he should order bayonets to be fixed;

(v) he shall give orders to the party to load, when he thinks fit loading without such orders it strictly forbidden;

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

(vii) if the party is, or is likely to be, attacked from two directions, he shall 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; and

(viii) generally he should follow the riot drill instructions as closely as circumstances permit.

85. A perusal of the aforesaid would show that it is the bounden duty of the officer in command that the armed party shall be so disposed as to have an effective field of fire as circumstances permit. The armed party shall not be brought so close to the mob as to inflict heavy casualties. The firing should always be under his strict control to minimize injuries. Even loading and unloading of the arms can only be done only specific orders of the officer-in-command. The armed forces have to be divided into small sections of not more than ten men. These directions contained in Regulation 152 are mandatory in nature. Therefore, no laxity can be permitted in their performance.

86. Regulation 153 lays down the eventualities in which fire arms permitted to be used. Undoubtedly, firearms are permitted to be used for the dispersal of unlawful assemblies. The procedure to be followed in such circumstances is as under:

153 (c) Use of firearms to disperse an unlawful assembly,:

(c) An order to fire upon a crowd should be regarded as an extreme measure to which recourse should be had only in the last resort when it is absolutely for the defence of life or property or when a Magistrate, 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.

(iii) Before an order is given to fire upon a crowd the Magistrate or, if no Magistrate is present, the police officer in command shall give full and sufficient warning to the rioters that they will be fired upon if they do not disperse immediately.

(ii) All ranks engaged in the suppression of a riot or in the dispersal of a riotous assembly must await the orders of a Magistrate, an officer-in-Charge of a police station or a police officer superior in rank to such officer before firing.

87. A perusal of this provisions would show that an order to fire upon a crowd should be regarded as an extreme measure to which resort should be made only in the last resort. When it is absolutely necessary for the defence of life or property. An order to fire upon a crowd can also be made when a Magistrate, Officer-in-Charge of a police station or police officer superior in rank to such officers considered impossbile to disperse a mob by any other means. Due to the drastic consequences that the gunfiring would have, it has been made mandatory for the police officer in command to give full and sufficient warning to the rioters that they will be fired upon if they do not disperse immediately.

88. Regulation 154 is as under:

(i) Before a police officer fires or gives order to fire, he shall give warning of his intention as is possible.

Note.-In the event of the exercise of the right of private defence it may not always be possible to give warning without the offender being enabled to fulfil his design against which the right is being exercised.

(b) Firing should always be controlled and directed or a specified target.

(d) Firing should cease as soon as its object is achieved.

89. A perusal of this Regulation would show that again the giving of warning prior to shooting has been made mandatory, This Regulation clearly forbids any indiscriminate firing on the crowd, as it is mandatory to direct the firing at a specified target. No material has been placed before the Court to show that the mandatory provisions of these Regulations were followed. No individual has been named as a leader or a target. We are unable to conclude that any of the directions contained under the Police Regulations 152, 153 and 154 had been complied with.

90. Regulation 155 provides as under,:

(a) The police officer in command shall give the order to use the force or to fire when so directed by a Magistrate under Regulation 151(iii) or, if no Magistrate is present, when he himself considers it to be necessary.

(b) He shall direct the firing in such a way as to secure immediate effect with a minimum of injury. Firing over the heads of the crowd or in any direction except on members of the crowd is strictly forbidden; as being likely both to cause injury to innocent persons at a distance and to embolden the participants in the disturbance by having no visible effect. Before he gives the actual order to fire, he should specify the range, the target and the number of rounds to be fired.

(c) He is responsible that no greater volume of fire is used than the circumstances demanded. He should normally order firing by specified individuals or by files: but he may order firing by sections, or volleys by not more than half the part at a time, if the attitude of the mob makes this imperative for the protection of his officers or for the protection of the life and property of others.

(d) He shall give the order to ceasefire as soon as the mob shows the slightest inclination to retire or disperse. The Magistrate, if any is present, has authority to direct him to give such order.

91. We have already noticed above that a strict compliance of Regulations 151 to 154 would ensure that there would be very little chance of indiscriminate firing. Sub-clause (b) of Regulation 155 also specifically forbids firing in such a way which would not secure immediate effect with the minimum of injury. This Regulation also provides that the firing has to be at specified target within its specified range. The order has to specify also the number of rounds to be fired. However, in the later part of the same Regulation it is provided that firing over the heads of the crowds or in any direction except on the members of the crowd is strictly forbidden. Justification that is sought to be given for this direction is to prevent injury to innocent persons who may be standing at a distance. In our opinion, on the face of it. Regulation 155(b) would seem to be violative of Articles 14, 19(1)(b) and 21 of the Constitution of India. Even though it is worded for protection of innocent bystanders, but in essence the mandate of the clause seems to be to fire into the crowd. It is difficult to perceive a situation where in a crowd of thousands, an officer would be able to single out the targets and identify them for the firing party. The intention of this clause would, therefore, seem to be to crush the demonstration rather than to control or disperse an unlawful assembly. This clause, in our opinion, can be easily abused by the officer commanding the armed party. The possibility of numerous innocent persons being killed on the basis of wrong identification mistaken identity, negligence and sheer inaptitude cannot be ruled out. In our opinion, such a Regulation would be clearly arbitrary and violative of Articles 14 and 21 of the Constitution of India. This clause would not specify the test of reasonableness laid down in Maneka Gandhi’s case (supra). In order to fall within a reasonable restriction the clause would have to be just reasonable and fair. Learned Advocate General had accepted that even the law under Article 13 would have to be in conformity with Articles 14, 19 and 21 of the Constitution of India.

(emphasis supplied).

Ranks of Police Officers in West Bengal

November 11, 2018November 11, 2018Advocatetanmoy

WEST BENGAL POLICE DIRECTORATE
NABANNA
325 SARAT CHATTERJEE ROAD
HOWRAH – 711 102

Control Room – PBX – 033-2214-5412, 033-2214 – 5413, 033-2254-3049
Duty Officer DGP’s Control Room – 033-2214-5486 , 033-2214-4031 (Telefax),
033-2214-1946 (TeleFax)

Appendix I

[Regulation 8.]

Table showing all ranks of police officers in order of precedence.

Serial No.	Rank.
(i)	Inspector-General
(ii)	Deputy Inspector-General
(iii)	Superintendent.
(iv)	Officiating Superintendent.
(v)	Assistant Superintendent.
(vi)	Probationary Assistant Superintendent.
(vii)	Officiating Deputy Superintendent.
(viii)	Probationary Deputy Superintendent.
(ix)	Officiating Deputy Superintendent.
(x)	Honorary Deputy Superintendent.
(xi)	Inspector.
(xii)	{	Sergeant. Sub-Inspector.
(xiii)	{	Assistant Sub-Inspector. Havildar-Major. Head constable. Naik.
(xiv)	Constable.

(i) The table in Part XXVI of the Bengal Civil List shows the relative position of officers of and above the rank of Superintendent in the Warrant of Precedence for India.

(ii) Command and precedence amongst, police officers shall be by ranks. When two police officers are of the same rank, the officer whose name stands first on the provincial, range or district gradation list shall take command or precedence, as the case may be.

(iii) As separate gradation lists are maintained for ranks bracketted together under the same serial number the officers in those ranks will take precedence amongst themselves according to the number of years of service counting for increment in their respective scales of pay. If officers of different ranks under the same serial number count equal periods of service from the same day, they will take precedence amongst themselves according to the position of their respective ranks in the above table.

(iv) Officers officiating in any rank or acting in any rank without extra remuneration will take precedence according to the serial number of that rank but below the permanent incumbents of the rank, including probationers.

Source: Bengal police Regulation

Lawline

Organisation Map

Armed Police [Division]

State Armed Police
India Reserve Battalion

District Police [agencies]

Police Telecommunication
Swami Vivekananda State Police Academy
State Crime Record Bureau
Intelligence Branch
Traffic
Railways

Commissionerate [6]

Howrah Police Commissionerate
Asansole-Durgapur Police Commissionerate
Bidhannagar Police Commissionerate
Barrackpore Police Commissionerate
Silliguri Police Commissionerate
Chandannagar Police Commissionerate

Branches of the Bengal Police

November 11, 2018Advocatetanmoy

Police officers stationed in Bengal may be-

(i) superior administrative officers, viz., the Inspector-General or a Deputy Inspector-General; or they may be attached to:-

(ii) the District Police;

(iii) the Railway Police;

(iv) the Police Training College;

(v) the Criminal Investigation Department, which includes the Intelligence Branch; or

(vi) the Inspector-General’s staff.

Red

Source:- Police Regulations, Bengal – 1943

LAW AND ORDER SITUATION IN THE STATE

October 1, 2018October 1, 2018Advocatetanmoy

We have to bear in mind what is public order, what is law and order and the difference between the two, when it can be said that an act of an individual or public at large will result in disturbance of public order, peace, tranquility and disturbance of even tempo of life.

What is public order and what is law and order and when it can be said that it disturbed even the public order and tempo of life have been laid down by the Supreme Court in number of cases right from Dr. Ram Manohar Lohia Vs. State of Bihar and Others. The distinction between public order and law and order has been laid down by the Supreme Court in Arun Ghosh Vs. State of West Bengal, as follows :

“Public order embraces more of the community than law and order. Public order is the even tempo of the life of the community taking the country as a whole or even a specified locality. Disturbance of public order is to be distinguished from acts directed against individuals which do not disturb the society to the extent of causing a general disturbance of public tranquility. It is the degree of disturbance and its effect upon the life of the community in a locality which determines whether the disturbance amounts only to a breach of law and order.”

Supreme Court and observed thus:

“The principle laid down in the judgments of the Supreme Court shows that there are three circles one within each other: The law and order represents the largest circle, the next circle represents public order and the smallest circle represents the security of the State; and whether law and order is affected or public order is affected or security of the State is affected has to be decided as per the facts and circumstances of each case. There is vast distinction between public order and law and order. Every incident of law and order cannot be said to be incident of public order. Therefore, the Court has to decide taking the facts and circumstances of each case whether there is threat to maintenance of public order or not”.

Continue reading →

The Bengal Police Act, 1869

August 10, 2018Advocatetanmoy

Bengal Act No 7 of 1869

[29th September, 1869.]
An Act to amend the constitution of the Police-force in Bengal.

Preamble. – Whereas it is expedient that the entire police-establishment in the provinces under the control of the Lieutenant-Governor of Bengal should cease to be one police-force, and that the said provinces should cease to be one general police-district under one Inspector-General; Continue reading →

Pakistan Police Organisation

June 15, 2018June 15, 2018Advocatetanmoy

Ministry of Interior
2. National Police Bureaue
3. Punjab Police
4. Sindh Police
5. Islamabad Police
6. KP Police
7. Balochistan Police
8. Gilgit-Baltistan Police
9. AJ & K Police
10. NH & M Police
11. Railways Police
12. Frontier Constabulary
13. National Police Academy
14. National Police Foundation
15. Intelligence Bureau
16. NFSA
17. Federal Investigation Agency
18. NACTA
19. NFSA

Police Act 1996 [UK]

March 10, 2018March 10, 2018Advocatetanmoy

KEYWORDS:-POLICE- UK

Ireland Advocatetanmoy

2018 JANUARY EDITION

Introductory Text

Police Act 1996

1996 CHAPTER 16

An Act to consolidate the Police Act 1964, Part IX of the Police and Criminal Evidence Act 1984, Chapter I of Part I of the Police and Magistrates’ Courts Act 1994 and certain other enactments relating to the police.

[22nd May 1996]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I Organisation of Police Forces

Police areas

1. Police areas.

Forces outside London

2. Maintenance of police forces.

3. Establishment of police authorities.

4. Membership of police authorities etc.

5. Reductions in size of police authorities.

The metropolitan police force

5A. Maintenance of the metropolitan police force.

5B. Establishment of the Metropolitan Police Authority.

5C. Membership etc of the Metropolitan Police Authority.

The metropolitan police and forces outside London

6. General functions of police authorities.

6A. Three-year strategy plans

7. Local policing objectives.

8. Local policing plans.

9. Annual reports by police authorities.

9A. General functions of the Commissioner of Police of the Metropolis.

9B. Appointment of Commissioner of Police of the Metropolis.

9C. Functions of Deputy Commissioner of Police of the Metropolis.

9D. Appointment of Deputy Commissioner of Police of the Metropolis.

9E. Removal of Commissioner or Deputy Commissioner.

9F. Assistant Commissioners of Police of the Metropolis.

9FA. Appointment and removal of Deputy Assistant Commissioners

9G. Commanders.

9H. Other members of the metropolitan police force.

10. General functions of chief constables.

11. Appointment and removal of chief constables.

11A. Appointment and removal of deputy chief constables

12. Assistant chief constables.

12A. Power of deputy to exercise functions of chief constable

13. Other members of police forces.

14. Police fund.

15. Civilian employees.

16. Appointment of clerk.

17. Appointment of persons not employed by police authorities.

18. Supply of goods and services.

19. Approval of decisions about precepts.

20. Questions on police matters at council meetings.

20A. Questions on metropolitan police matters at London Assembly meetings.

21. Application of certain provisions to police authorities.

General provisions

22. Reports by chief constables to police authorities.

23. Collaboration agreements.

24. Aid of one police force by another.

25. Provision of special services.

26. Provision of advice and assistance to international organisations etc.

27. Special constables.

28. Police cadets.

29. Attestation of constables.

30. Jurisdiction of constables.

31. Rewards for diligence.

Alteration of police areas

32. Power to alter police areas by order.

33. Objections to alterations proposed by Secretary of State.

34. Orders altering police areas: supplementary provisions.

Supplemental

35. The Scilly Isles.

Part II Central Supervision, Direction and Facilities

Functions Functionary of State

36. General duty of Secretary of State.

36A. National Policing Plan

37. Setting of objectives for police authorities.

38. Setting of performance targets.

39. Codes of practice.

39A. Codes of practice for chief officers

40. Power to give directions to a police authority

41. Directions as to minimum budget.

41A. Power to give directions as to action plans

41B. Procedure for directions under section 41A

42. Removal of chief constables, etc.

42A. Procedure in relation to removal of senior officers

43. Reports from police authorities.

44. Reports from chief constables.

45. Criminal statistics.

46. Police grant.

47. Grants for capital expenditure.

48. Grants for expenditure on safeguarding national security.

49. Local inquiries.

50. Regulations for police forces.

51. Regulations for special constables.

52. Regulations for police cadets.

53. Regulations as to standard of equipment.

53A. Regulation of procedures and practices

Inspectors of constabulary

54. Appointment and functions of inspectors of constabulary.

55. Publication of reports.

56. Assistant inspectors and staff officers.

Central services

57. Common services.

58. Research.

Part III Police Representative Institutions

59. Police Federations.

60. Regulations for Police Federations.

61. The Police Negotiating Board for the United Kingdom.

62. Functions of the Board with respect to regulations.

63. Police Advisory Boards for England and Wales and for Scotland.

64. Membership of trade unions.

Part IV  Complaints, disciplinary proceedings etc.

Chapter I Complaints

Interpretation

65.Interpretation of Chapter I.

The Police Complaints Authority

66.The Police Complaints Authority.

Handling of Complaints etc.

67.Preliminary.

68.Investigation of complaints: senior officers.

69.Investigation of complaints: standard procedure.

70.References of complaints to Authority.

71.References of other matters to Authority.

72. Supervision of investigations by Authority.

73.Reports on investigations etc.

74. Steps to be taken after investigation: senior officers.

75.Steps to be taken after investigation: standard procedure.

76.Powers of Authority as to disciplinary proceedings.

77.Information as to the manner of dealing with complaints etc.

78.Constabularies maintained by authorities other than police authorities.

79.Reports.

80.Restriction on disclosure of information.

81.Regulations.

82.Regulations – supplementary.

83.Guidance concerning complaints etc.

Chapter II Disciplinary and other proceedings

84. Representation at disciplinary and other proceedings.

85. Appeals against dismissal etc.

86. Admissibility of statements in subsequent proceedings.

87. Guidance concerning disciplinary proceedings etc.

88. Liability for wrongful acts of constables.

Part V Miscellaneous and General

Offences

89. Assaults on constables.

90. Impersonation, etc.

91. Causing disaffection.

Miscellaneous financial provisions

92. Grants by local authorities.

93. Acceptance of gifts and loans.

94. Financing of new police authorities.

95.The City of London police Fund.

Miscellaneous

96. Arrangements for obtaining the views of the community on policing.

96A. National and international functions of the metropolitan police.

96B. National and international functions: application of requirements relating to reports etc.

97. Police officers engaged on service outside their force.

98. Cross-border aid of one police force by another.

99. Jurisdiction of metropolitan police officers.

100. Chief constables affected by police area alterations or local government reorganisations.

Supplemental

101. Interpretation.

102. Orders, rules and regulations.

103. Consequential amendments, transitional provisions, repeals, etc.

104. Commencement.

105. Extent.

106. Short title.

SCHEDULES

SCHEDULE 1 Police areas
SCHEDULE 2 Police authorities established under section 3
Schedule 2A The Metropolitan Police Authority
SCHEDULE 3 Police authorities: selection of independent members
SCHEDULE 4 Form of Declaration
SCHEDULE 5 The Police Complaints Authority
SCHEDULE 6 Appeals to police appeals tribunals
SCHEDULE 7 Consequential amendments
SCHEDULE 8 Transitional provisions, savings etc.
SCHEDULE 9 Repeals and revocations
TABLE OF DERIVATIONS

Police Station records/registers- Delhi Police

February 18, 2018Advocatetanmoy

POLICE STATION RECORDS

The following registers are required to be maintained in each Police Station :-

REGISTER NO. 1 FIRST INFORMATION REPORT REGISTER The First Information Report register shall be maintained on a printed book in form 24.5(1) as given in Annexure-1 consisting of 200 pages. It shall be completely filled before a new register is commenced. Cases shall bear an annual serial number in each Police Station for each calender Year. Every four pages of the register shall be numbered with the same number and shall be written at the same time by means of carbon copying process. The original copy shall be a permanent record in the Police Station. One copy shall be sent to the DCP, one to the magistrate empowered to take cognizance of the offence and the third to the complainant. A warning stating therin that ‘Burking or writing incorrect report is an offence pu 2 The DCP shall fix hours at which station diaries shall be daily opened & closed. All entries in the daily diary shall be made by the Officer In- charge of the Police Station, Duty Officer or the Station Clerk. Each separate entry shall be numbered and the time at which it was made shall be mentioned in each such entry. The opening entry each day shall give the name of each person in custody, the offence of which he is accused and the date and hour of his arrest. The last entry each day shall show the balance of cash in hand as shown in cash register. Any Police Officer who enters or causes to be entered in the daily diary a report which he knows, or has reasons to believe, to be untrue, whether he has or has not been directed to make such entry, shall be ordinarily dismissed from service as per P. P .R .22.50. A copy of this rule shall be affixed to the cover of the daily diary in every Police Station. As per P. P. R. 22.51 daily diaries may be destroyed two years after the date of the last entry. The following matters shall be entered in the daily diary apart from the above: 1. The name of accused persons with complete details including whether in custody or on remand shall be entered. 2. Information regarding commission of non-cognizable offences including reports of enmities likely to lead to a breach of peace. 3. The gist of FIR registered giving the No. FIR offence and the section of law under which the case is registered. 4. The hour of arrival and departure On duty at or from a Police Station of all enrolled police officers of whatever rank, whether posted at the police station or elsewhere, with a statement of the nature of their duties. This entry shall be made immediately on arrival or prior to the departure of the officer concerned and shall be attested by the latter personally by affixing his signature. 5. Every officer returning from any investigation shall record his arrival regarding the investigation made, places visited the details of property seized & deposited in the Malkhana. 6. All case property received or released from P.S. Malkhana. 3 7. All case properties which are dispatched & subsequently deposited in Sadar Malkhana. 8. The hour of receipt & dispatch of all communications, cash etc. shall be entered. A road certificate shall be issued for di patch (Reg. No. 21) and a receipt will be issued regarding cash etc. (Register No.22). 9. All arrivals at and dispatches from police station of persons in custody and all admissions to and removal from the police station lock up, whether temporary or otherwise. 10. The hour & date of receipt and of service or execution of process i.e. summons or warrants and hour and date of return made of each such process. 11. Report regarding properties in Malkhana (Store Room) under P.P. Rule 22.18. It is mandatory for the SHO to check the Malkhana and the properties therein twice a month. The report as required under P.P. Rule 22.18 shall be made on the day after checking. 12. The report regarding excess of expenditure over the permanent advance (as laid down in PP Rule 22.71). 13. The deposit or removal from the post office safe if embedded in the police station, the exact hour being given in every case. A Certificate to the effect the daily diary contains 200 pages will be affixed by S.H.O. on each Daily Diary before it IS commenced. The Daily Diary is being maintained in two parts. In part A (DD-A) reports regarding apprehension of breach of peace, gist of non-cognizable reports (if not entered in Noncognizable Reports Register), gist of FIR, section of law etc., shall be recorded when a case is registered. Apart from this all important matters including persons arrested, persons in custody, deposit of case property seized by IOs, dispatch of case property from PS, receipt of summons- and warrants, checking of properties lying in Malkhana, reports regarding cash kept in Malkhana or excess expenditure etc. shall be entered. Information regarding checking of B.Cs. or about their activities will also be mentioned for being used later to make entries in the History Sheets. The IOs on their arrival after investigation & enquiries in various cases reports marked to them, shall make a mention in the Daily Diary about the action taken by them on such investigation reports. In part B (DD-B) routine entries like arrival & departure of policemen, dispatch of patrolling staff, posting of pickets, arrival & departure of policemen sent for process service duties 4 or who are sent to summon persons u/s 160 Cr. PC for purpose of investigation will also be mentioned.

REGISTER NO. 3 This register shall be maintained in two parts in accordance with PPR 22.53. Part (i) Standing Order Book All standing orders of the Commissioner of Police, Add!. Commissioner of Police and Deputy Commissioner of Police shall be entered in a file book. There standing orders shall be continuous for five years and the file shall be indexed. Part (ii ) Circulars and other Orders In each Police Station an annual file shall be maintained of all circulars and other orders issued for the instruction and guidance of the Police and not being Standing Orders. These files shall be destroyed after two years.

REGISTER NO. 4 ABSCONDERS REGISTER This register shall be maintained in the following parts: – Part (i) This part shall contain the names of all absconders in cases registered in the home police station and shall be maintained in form 22.54(a) as in Annexure – 3. Part (ii) — The names of absconders in cases registered in other police stations but resident of or likely to visit the home police Station shall be written in this part which shall be maintained in form 22.54 (a) .The entries of residents of home police Station shall be made in red ink. Part (iii) — Will contain the names of deserters from e army and shall be maintained in form 26.16(6) as in Annexure-4. As soon as an absconder has been proclaimed under section 83 of the Code of Criminal Procedure, his name shall be entered in the Proclaimed Offenders list. When an absconder is proclaimed under section 83 Cr. PC, his name should be entered in Register No. 10 Part-A of the Home Police Station and his History Sheet should be opened in red ink. 5 PROCLAIMED OFFENDERS, REGISTER There is no provision in the PPR for maintaining proclaimed offenders register in a Police Station. As per PPR 23.25, a list of proclaimed offenders shall be hung up in the office and notice board of the Police Station. However, as per PPR 23.22 a proclaimed offenders register shall be maintained in form 23.22 (1) in each District by the head of the Prosecution agency. This register shall be maintained ,in two parts: – Part I — In part-I shall be entered the names of proclaimed offenders who are residents of home Police Station irrespective of the Police Station in which proclaimed. Part II — Shall contain the name of proclaimed offenders of the Police Station but not residents of the home Police Station. Note: — For convenience and ready reference, the P.O.’s register should be maintained in the police Station as well as mentioned above in the form 23.22 (1) as in Annexure 34.

REGISTER NO. 5 REGISTER OF CORRESPONDENCE This register shall be maintained in two parts in Form 22.55 as in Annexure-5. Part I — Shall contain a brief abstract of all reports and orders received at the Police Station and of all letters and replies dispatched from the Police Station. This register is merely a receipt and dispatch register and is not meant as a record of full correspondence. The register shall be destroyed after two years. Part II — The receipt and return of summons and warrants shall be entered. On the last day of each month, a statement giving the following information shall be entered: — Number of summons remaining unexecuted at the end of previous month, No. of summons received during the current month, No. of summons executed during the current month, No. of summons remaining unexecuted at the end of the month. Similar statement regarding warrants shall also be entered.

REGISTER NO. 6 MISCELLANEOUS REGISTER This register shall be divided into four parts: — 6 Part I — This part is not being maintained in the Police Station now as verification regarding Government Service is being done by Special Branch. Part II — List of persons on security under the provisions of Code of Criminal Procedure and Local and Special Laws in form 27.16(6) as in Annexure-7 Part III — Carbon copies of all ‘Kalandras’ (Complaints). Part IV — Carbon, copies of all inquests. A yearly index will be maintained for this part. This register may be destroyed seven ye after the last entry .

REGISTER NO. 7 AND 8 NOT BEING MAINTAINED REGISTER NO. 9 VILLAGE CRIME REGISTER This is a very important register from the crime and criminals records point of view. This register shall be maintained in the following five parts in accordance with PPR 22.59. The Village Crime register is an unpublished official record relating to the affairs of the State and is a privileged document under section 123 of the Indian Evidence Act Part I-This register will be maintained in Form 22.59(1)A as in Annexure 8 containing information about a beat. A separate register shall be maintained for each beat. Part II-This register shall be maintained in Form 22.59(1)B as in Annexure 9. A separate register shall be maintained for each beat. Any crime registered in the area of the beat shall be entered in this register. Part III-This register is an index to the criminals of the area and shall be maintained in Form 22.59 (1) C as in Annexure 10 separately for each beat. In this register shall be entered the names of persons residing in a beat who have been arrested or a against whom strong suspicion of involvement in cognizable cases, whether the case occurred in the beat or not, exists. A separate entry shall be made for each suspect with a separate serial number. When the person is again arrested or suspected, a fresh entry shall bear the previous serial number or the number of suspicion and shall be entered below it in the form of a fraction. Persons who are suspected to have committed an offence and arrested ills 41 Cr. PC would also be entered as above. Part III-A This register shall also be maintained separately for each beat in form 22.59 (1) C as in Annexure 11. In this register the names of the following persons of doubtful character who visit the beat shall be entered: – 7 (i) Persons whose History sheets are on record Bundle ‘A’. (ii) Persons established through information sheets (stranger rolls) to be of doubtful character. (iii) Persons arrested in the beat under section 41/109, Code of Criminal Procedure, provided that no entry shall be made unless the persons concerned are placed on security. (Note: — An entry shall also be made in Register No. 6, Part-II). Part-IV this is a confidential register and shall remain in the personal custody of the Officer Incharge of the Police Station. This register shall be kept in form 22.59(1)D as in Annexure 12. The following matters shall be entered in this register: – (i) Notes regarding influential individuals residing in or having connection with the area who habitually abet or share in the proceeds of crime or shelter criminals. (ii) Special types of lawlessness or crime to which the inhabitants of the area are addicted. (iii) Notes on gangs operating in the area. (iv) Notes on personal, land, communal and other feuds, which are liable to cause breach of peace. (v) Notes on fairs and similar occasions requiring the special attention of the officer incharge of the Police Station. (vi) Notes on criminals of other areas who commit crime in the jurisdiction. (vii) A list of respectable inhabitants of the area who can provide important information regarding proclaimed offenders and absconders. (viii) Convictions under section 124-A and 153-A IPC. Part V – The Conviction Register It is a permanent record of the crime and criminals and of previous convictions. It is to a great extent the basis for the preparation of History sheets and other measures of surveillance. It shall be maintained in form 22.59 (1) E as in Annexure 13. Entries in this 8 register shall be made by the Officer Encharge of the Police Station personally or under his special or general orders. Each entry shall be signed by the Officer Incharge of the Police Station personally. Every conviction shall be given one permanent serial number. When a person is reconvicted, the fresh entry shall bear the same serial number and the number of conviction shall be entered below it in the form of fraction. When two or more offenders are jointly convicted of committing one and the same offence and when there is reason to believe that they had acted in concert, a cross reference shall be inserted in the remarks column of the register, drawing attention to the fact. Entries in this register shall be confined to the following offences only :- 1. Indian Penal Code Chapter Sections XI 193 to 195 } Giving or fabricating false evidence. 211 377 } False charge of committing an unnatural offence. XII 231 232 } Counterfeiting coin. 233 to } Making, buying selling or having in possession 235 instruments or material for counterfeiting coin. 235 236 } Abetting the counterfeiting of coin out of India. 237 XII and } Import or export of counterfeit coins. 238 239, 240, } Possession or delivery of counterfeit coin. 242, 243 244 } Unlawful alteration of weight or composition of 9 245 Unlawful removal of coining instruments form Mints. 246 to } Unlawful alteration of weight, composition or 253 appearance of coin and possession and delivery of such coins. 255 Counterfeiting of Government stamps. 256 and } Making, buying selling or having in possession 257 instruments or material for counterfeiting Government stamps. 258 XII and } Possession or sale of counterfeit Government stamps. 259 260 Using of counterfeit Government stamps 261 to } Fraudulent effacement or erasure of Government 263 Stamps XVI 311 Being a thag. 354 Indecent assault on a woman. 363 to } Kidnapping. 369 376 Rape. 377 Unnatural offence. XVII 379 to } Thefts of all kinds. 382 384 386 } Extortion of all kinds, except section 385. to 389 10 392 to } Robbery of all kinds. 394 397 and 398 395, 396, } Dacoity of all kinds 399, 402 400 and } Belonging to a gang of thieves or dacoits. 401 404 Dishonest misappropriation of property belonging to a deceased person. 406 to } Criminal breach of trust by public servant. 408 411 to } Receiving stolen property. 414 418 to } Cheating of all kinds, except, simple cheating 420 (section 417) XVIII 429 to } Extortion of all kinds, except section 385. 433 and 435 to 440 429 to } House-trespass in order to commit an offence. 452 11 454 to } Lurking house-trespass or house-breaking other 458 than simple (section 453.) 459 and } Grievous hurt or death caused in house-breaking. 460 461 Dishonestly breaking open a closed receptacle. 462 Fraudulently opening a closed receptacle held in trust. 465 to } Forgery. 469 489A to } Forgery of currency notes and Bank notes. 489D 2. Code of Criminal Procedure Sections 108, 109 and 110. 3. Miscellaneous Acts (i) Sections 3 and 4 of the Gambling Act. (ii) Offences under the NDPS Act. (iii) Offences under the Indian Arms Act. (iv) Offences under Terrorists and Disruptive (Prevention) Act. (v) Offences under the Immoral Traffic (Prevention) Act, 1956. 4. Other Offences All offences and cases in which subsequent conviction would render the person convicted liable by law to enhance punishment.

REGISTER No. 10, SURVEILLANCE REGISTER This register shall be maintained in two parts A & B in Form 23.4 12 (1) As Annexure-14 – The surveillance register shall be written by the Officer Incharge of the Police Station Personally or by his junior, neatly. Part A–In this part, the names of persons commonly residents of the jurisdiction of the Police Station and who belong to one or more of the following classes shall be entered. No entry in this part shall be made except by the order of a G. O. and every entry shall be attested by the G.O. (i) All persons who have been proclaimed under section 83 of the Code of Criminal Procedure. (ii) All released convicts in regard to whom an order under section 356, Criminal Procedure Code has been made. (iii) All convicts the execution of whose sentence is suspended in the whole or any part or whose punishment has been remitted conditionally under section 432, Criminal Procedure Code. Part-B–In this part the names of the following categories of persons may be entered under the written order of the D. C .P. who is strictly prohibited from delegating this authority. Before the name of a person is entered in this part, a history sheet shall be opened for such person: (i) Persons who have been convicted twice or more of offences whose entry is to be made in Register IX Part – V. (ii) Persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not. (iii) Persons under security under section 109 or 110 of the Code of Criminal Procedure. (iv) Convicts released before the expiry of their sentences under the Prisons Acts and Remission Rules without imposition of conditions. Note:– Before Opening of History Sheet, the P.P. should be opened compulsorily. B.C. Roll register is also a part of Register No.10.

REGISTER NO. 11 INDEX REGISTER This register shall be maintained in two parts: — 13 Part-I In Form 23.14(1) (A) as in Annexure 15, history sheets and personal files shall be entered in a serial number as they are opened. This serial number shall be permanent and shall not be altered when one history sheet is transferred from one bundle to another. This serial number shall also not be re-allotted until the history sheet has been destroyed or transferred to another Police Station. Part II Shall be an alphabetical index of personal files and history sheets in Form 23.14(1) (B) as in Annexure 16. History sheets shall be prepared of persons accused more than twice of offences falling in chapters 12 & 17 of the IPC. (i) All POs of home police station (in red ink) . (ii) All persons who are externed u/s 47-48 D.P. Act, 1978. After the externment period, the History Sheets shall be transferred to personal files. (iii) All dangerous criminals who are addicted to crime (P.P.Rules 23.9). (iv) Numbered personal files of all the History Sheets, Misc. Complaints shall be kept in personal Files.

REGISTER NO. 12 INFORMATION SHEETS DESPATCHED Information sheets in form 23.17 (1) shall be issued by an Officer Incharge of a Police Station or on his behalf as a means of ascertaining the antecedents of persons who are residents of the jurisdiction of other Police Stations and (a) Who are believed to have committed an offence, whether they have been arrested or not. (b) who have been arrested under section 41 (2) of Criminal Procedure. (c) who are genuinely believed to be under suspicion. The Despatch of information sheet issued shall be entered in Register No.12, which shall be maintained in Form 23.17(2) as in Annexure-17. Information Sheet of the arrested person shall be issued thrice firstly at the time of arrest, secondly at the time of conclusion of investigation and finally after the conclusion of judicial trial or magisterial proceedings. 14 REGISTER NO. 12-A INFORMATION SHEET RECEIVED The officer incharge of a police station receiving an information sheet shall cause an entry to be made in this register to be maintained in Form 23.17(6) as in Annexure 18. Register No. 12 and 12-A shall be destroyed seven years after the last entry.

REGISTER NO. 13 MINUTE BOOK FOR GAZETTED OFFICERS. This is maintained on a blank register. The Gazetted Officers on their visit to a Police Station shall give their remarks requiring the attention of the officer Incharge in this register. REGISTER NO. 14 FILE BOOK OF INSPECTION REPORTS This is a file cover of standard size in which inspection reports by Gazetted Officers are kept. REGISTER NO. 15 Not being maintained in Delhi as such records are maintained by the Municipal authorities. REGISTER NO. 16 This register shall be maintained in four parts: Part I—Not being maintained. PART II—Part II shall be maintained in Form 22.67(B) as in Annexure 19. In this register, the names of Police Officers attached to the Police Station with dates of their appointment and transfer shall be entered. Part 111- This Part shall be maintained Form 5 .16( 1) as in Annexure 20. In this register Government property in use and on the charge of the Police Station shall be entered. Part IV-Not being maintained.

REGISTER NO. 17 REGISTER OF LICENCES This register shall be kept in the following 6 parts: — Part I-REGISTER OF ARMS ACT LICENCES: This register shall be kept in two parts in Form 22.68(a)(1) as in Annexure 21 and 2.68 (a) (4) as in Annexure 22. 15 Part II-LICENCES UNDER THE EXCISE LAWS: This part shall be maintained in Form 22.68 (b) as in Annexure 23. Part III-LICENCES UNDER THE. EXPLOSIVE ACT: This part shall be maintained in Form 22.68(c) as in Annexure 24. Part IV-LICENCES UNDER PETROLEUM ACT: This part shall be maintained in Form 22.68(d) as in Annexure 25. Part V-LICENCES UNDER THE POISIONS ACT: Shall be entered in this register to be maintained in Form 22.68( e) as in Annexure 26. Part VI-LIST OF SARAIS, HOTELS, GUEST HOUSES ETC: Registered under the Sarais Act shall be entered in this register to be maintained in Form 22.68(f) as in Annexure 27. Part I to V except form 22.68(a) (4) shall be destroyed one year after the expiry of the period of the license. As regards Part- VI when it is filled up, all uncancelled entries shall be transferred in a new register and the old register destroyed.

REGISTER NO. 18 RECEIPT BOOK FOR ARMS AND AMMUNITION OF MILITARY STORES This book shall be kept in triplicate in form 22.69 as in Annexure 28. The arms, ammunition OT military stores deposited, seized or brought to the police Station when such seizure is not otherwise reported shall be entered in this register. One copy will be affixed to the weapon or article, the duplicate shall be given to the depositor and the original shall remain in the book. This book shall be destroyed five years after the date of the last entry.

REGISTER NO. 19 This register shall be maintained in Form 22.70 as in Annexure 29. All case properties, articles of personal search, properties seized in Kalandras, inquests etc. shall be entered in this register. The articles released shall be entered in the appropriate column and every such release shall be attested either by the Officer Incharge or by the investigating Officer. The Officer Incharge shall physically check the articles once in a fortnight and make a note to this effect in this register and daily diary. On the last day of every calendar year, this register shall be brought forward in red ink by making entries of unreleased articles. The entries so brought forward shall be made serial-wise. The serial number of the preceding year shall also be written in fraction. 16 This register may be destroyed three years after the date of the last entry. In this register each entry should be attested by the I 0 & MHC (M) at the time of depositing the case property in the Malkhana.

REGISTER NO. 20 This register shall be maintained in two parts: — Part I-CASH REGISTER Cash register shall be kept in Form 10.52(a) as in Annexure 30. In this register an account receipt and disbursement of pay, travelling allowances etc. shall be maintained. The account shall be balanced daily and attested by the Officer Incharge of the Police Station. The Officer Incharge of the Police Station shall personally check the correctness of this register once a month and make a note in the cash register to that effect. Part II-PERMANENT ADVANCE REGISTER This register shall be maintained in form 10.52 (b), as in Annexure 31. In case excess amount is spent, entry shall be made in Red ink (deficit amount).

REGISTER NO. 21 ROAD CERTIFICATE: Road Certificate shall be kept in a bound book in duplicate in Form 10.17 as in Annexure 32. Each Certificate shall be given an annual serial number for each Police station. A Road Certificate shall accompany all sums of money, articles of Malkhana and challans of cases sent from the Police Station. Each book shall be destroyed three year after the date of the last road certificate.

REGISTER NO. 22 PRINTED RECEIPT BOOKS This is a register containing 100 receipt forms in duplicate in form 10.14 (1) as in Annexure 33. These books shall have printed serial numbers and only one such book shall be in use at a time. These serial numbers shall be checked before bringing it into use. If any serial number is missing or wrongly printed, it shall be brought to the notice of the Officer Incharge of the Police Station and a report shall be entered in the daily diary. For all sums of money received in a Police Station, a receipt from this book shall be issued to the remitting party under the signature of the Officer Incharge of the Police Station or the station clerk. Necessary entry shall be made in the cash register and attested by the Officer Incharge of the Police Station. 17

REGISTER NO. 23 POLICE GAZETTE AND CRIMINAL INTELLIGENCE GAZETTE The Police Gazette and Criminal Intelligence neatly filed in separate cardboard covers. REGISTER NO. 24 POLICE RULES The copies of Police Rules must be kept up-to-date. REGISTER NO. 25 CONFIDENTIAL REGISTER This is a blank register which shall remain in the personal custody of the Officer Incharge of the police Station. The Officer Incharge of the Police Station on his transfer shall record a confidential note in this register for the assistance of his successor. The confidential, charge note shall contain miscellaneous local information, which the outgoing officer has gathered during his stay in the jurisdiction. The following matters may be mentioned in these notes :- (a) The character and capacity of the members of staff of the Police Station. (b) Residents of the jurisdiction who are useful to the police. (c) Directions in which co-operation with other Police Station is necessary. (d) Special factors affecting crime and other problems in the Police Station. (e) Matters of temporary importance, under investigation etc. 1. Non-Cognizable Register This register is maintained in accordance with section 155 Cr.PC which prohibits the police to investigate a non-cognizable offence unless authorized by the magistrate to investigate such an offence. On receipt of an information about a non-cognizable offence, the officer incharge of a police station or the duty Officer on his behalf, shall record the information in the noncognizable register and advise the complainant to seek redress in a court of law. The report so recorded will be read over to him and got signed. A copy of the report shall be given to the complainant. 18 (Non-recording of report by a police officer constitutes an offence U/S 177 IPC) . 2. Maintenance of Register Regarding Missing Persons A register regarding Missing Persons shall be maintained at all the police stations to keep a proper record of missing persons, their being traced later as also about the .action taken to trace them. As soon as the information about the missing of a person or a child is received at the police station, the duty officer or the officer incharge of the police station shall record a daily diary entry in the police station giving complete description of the missing person, including sex, age special marks of identification, dress worn by him/her and the circumstances leading to the disappearances. As soon as such a report is recorded, the duty officer/SHO shall send a copy of the same to the Inspector, Incharge, Missing Persons Squad who is charged with the responsibility of taking action to trace the missing person. This would in no way absolve the local police of its responsibility in taking appropriate action to trace such person(s). The MPS would pass an information to AIR, Doordarshan and C.R.O, giving all the details as mentioned above. A photograph of the missing person shall also be sent for telecasting and publication in the C.R.O gazette. Field enquiries will be taken up immediately and where it is suspected that the children or the missing person has been kidnapped/abducted, a case will be registered. The local police may either suo-moto register a case or do on receipt of a report from the Inspector I/C MPS.

In addition to the Registers prescribed in Punjab Police Rules the following additional Registers are also maintained in the Police Station :– 3. Standing Order No. 42 Police Action against Hooliganism : Rough Register Part ‘A’– Names and particulars of confirmed goondas who are residents of the P.S. concerned. Rough Register Part ‘B’- Names and particulars of confirmed goondas who are not residents of P.S. but operate in that jurisdiction. Rough Register Part ‘C’ – Names and particulars of those who are novices in hooliganism irrespective of whether they reside in the area of the P.S. or not. 4. Standing Order No. 138 Para 16(ii) mentions about the S.H.O. maintaining a Register for all cognizable crimes. A detail of measures adopted by the local police to prevent recurrence of crime – in the particular area requires to be mentioned in it. 5. M.L.C. Register Entries about MLCs in which result is awaited from the hospital are made in this Register. 6. Anti-Goonda Census Register Beat-wise activities of goondas and other anti-social elements operating in the area of the P.S. are entered in this Register. 7. Banks Checking Register It contains the names of Banks, their location, name of their Manager, particulars of the employees, Security measures atd the Bank, deployment of armed guard, system of 21 Alarm/siren etc. are entered in the Register. 8. Schools and Colleges dropouts Registers. Contains the names of School/College dropout residing in the jurisdiction of the P.S. and of the those belonging to other areas but were students of Schools/Colleges falling under the area of the P.S. 9. Briefing and De-briefing Register of Beat Constable It contains the particulars of the beats, name of the beat constable, data of his posting as a beat Constable, day to day information given by the Constable, Information about the criminals operating/residing in the area, day to day briefing given to the constable etc. 10. Special Police Officers Register This register contains the names of S.P.Os, their addresses, telephone number and details of valuable information and work done by them. 11. Register of Markets and Residents Welfare Associations and Respectables This register contains the names of markets and particulars of the residents Welfare Associations in the P.S. area. 12. Drug Addicts Register It contains the names, residentail address and a brief history of drug addicts in the P.S. jurisdiction. 13. Register of Communalists and, other activists It contains the names and addresses of communalists, mischief mongers, instigators of communal passion, details of probable hide outs of communalists/ extremists etc. 14. Domestic Servants verification Register It contains the names of domestic servants, particulars of their native place, names of the Police Stations and Distt., name of the employer, result of verification done etc. The photograph of the servant is also affixed in this register.

Arrest, Custody, Bail and Remand in India

December 3, 2017August 11, 2018Advocatetanmoy

Power of arrest

Police Officers derive their powers of arrest without warrant from sections 41, 42, 43(2), 60, 129 and 151 of CrPC. Sections 46, 47, 49, 50, 51, 56, 57, 167 and 169 CrPC inter alia deal with procedures, during and after arrest.

Arrests can be made by Police Officers with Warrants issued by the Courts. There is no discretion allowed to the police in executing Warrants of arrests.

The Warrant must, be in writing, signed and sealed by the presiding officer. It should specify the offence as well as clearly the identity of the person to be arrested.

The Warrant sometimes may specify the date on which the Warrantee is to be produced in the Court. If such a Warrant cannot be executed within the time specified, a fresh Warrant might be obtained after returning the earlier one.

The validity of a Warrant is an important matter particularly in respect of those meant for arrest of persons in other countries.

The Warrants are either bailable or non-bailable.

In respect of bailable Warrants the arrestee should be released on bail when he offers the required security and in respect of non-bailable Warrants the Police Officer has no discretion, and the person must be produced before the concerned Court.

Prompt execution of Warrant is one of the foremost duties of the Police and should receive high priority.

The Warrant must be executed by the officer to whom it is endorsed. If that officer wants warrant to be executed by his subordinate officer he must make endorsement by name accordingly.

Arrest takes away the liberty of a person and should therefore be affected in strictest compliance of the law.

Wherever it is warranted it should be promptly carried out but arrest is not to be effected just because a police officer has the power.

No accurate account of all circumstances under which arrest without Warrant can be made or should not be made can be detailed. He must exercise it with discretion.

Conditions necessitating arrest

To infuse confidence among the terror stricken victims, particularly in grave offences like murder, dacoity, robbery, burglary, rape, organized crime, terrorist offences etc.

In cases where the accused is likely to abscond and evade the process of law;

The accused is given to violent behaviour and is likely to commit further offences unless his movements are brought under restraint;
The accused is a habitual offender and unless kept in custody, he is likely to continue to commit similar offences;
Where it is necessary that his presence is required for the purpose of investigation.
Where accused is likely to tamper or intimidate or cause physical hurt to witnesses or destroy other evidence.

Police Officer making an arrest should record in all the relevant records, the reasons for making the arrest, thereby bring out his conformity to the instructions given in this order and must be able to justify the arrest if required.

The Police Constables and Head Constables who make the arrest should submit a report detailing the circumstances of the arrest to the SHO or IO concerned who should incorporate the contents of such reports in the General Diary, Case Diary etc.

All Police Constables, Head Constables and Sub-Inspectors working in the field and empowered under law to exercise the powers of arrest without Warrant, should exercise their powers with prudence and be accountable for the arrest made in the discharge of their assigned tasks and duties.

No arrest should be made in a routine manner simply because the law empowers the police officer to do so. The existence of the power to arrest is one thing while justification for the exercise of power of arrest is quite another. The police officer must draw a margin between vindictivity and necessity.

The police officer may without arresting, keep a watch on a person and then arrest him, if subsequent events justify such action.No restraint can lawfully be exercised over a person so long as he is not arrested.

The arrest should be avoided if the intention is only to verify the suspicion of involvement against a person. A police officer may under section 160 CrPC issue a notice to the suspected person to attend the police station and interrogate him. He should not be detained for long and more than necessary.

[Joginder Kumar vs State of U.P. and others A.I.R. 1994 SC 1349]

Arrest of Children and Women

The Juvenile Act 2015 prohibits lodging of children in police lock-ups or being brought to police stations after arrest. Alternatives are provided for lodging the delinquent juveniles. The procedure prescribed therein should be observed in respect of juveniles.
The following instructions shall be followed whenever arrest of women is contemplated.While making arrest of a woman submission to custody should be presumed unless circumstances to the contrary exist.

There should be no occasion for a male Police Officer to touch her person. It is therefore advisable whenever it is proposed to arrest a female, women police should be employed.Arrest of women should as far as possible during night times be avoided unless it is inevitable.When it is not possible to secure the services of women Police Officers, an officer of the rank of ASI or above should effect the arrests.

Bail may be granted where the offence for which the arrest is made is not of a serious nature.

The SHO may exercise his discretion in non-bailable offences to release a woman arrestee on bail.Whenever a woman is arrested, the services of women Police Officers should be utilized for guarding and escorting her. If women Police Officers are not available in the Police Station, one of the relations of the arrested woman, of her choice can be permitted to remain with her.

When interrogation of the arrested woman is done by a male Police Officer the relation or woman Police Officer should be present. If a Woman Police Officer herself is conducting the interrogation, the presence of a woman relative may not be necessary.

Rights of Arrested Persons

The arrested persons have certain rights with which the Police Officers should be familiar. These are important from the human rights angle also besides being statutory provisions and should be respected.

The important rights are –

Right to be informed of the grounds of arrest.
Right to be produced before a Magistrate without unnecessary delay and within 24 hours
Right to consult a legal practitioner or any one of his choice
Right to be informed of right to bail
Right of a person without means to free legal aid and to be informed about it
Right to be examined by a Medical Officer

Devider

Direction to subordinates to arrest

When a Police Officer in-charge of a police station, or any Police Officer making an investigation, is himself not able to effect the arrest of a person, he may, under Section 55 of the CrPC depute any officer subordinate to him to arrest the person.

When such an officer is deputed, he should be given an order in writing specifying the person to be arrested and the offence or cause for which the arrest is to be made.

The officer so authorised shall notify to the person to be arrested, the substance of the order and, if so required by such person, shall show him the order. This section, however, does not take away the statutory power vested in all Police Officers by Section 41 of the CrPC.

A Head Constable in-charge of an outpost or a beat area or check post, without the intervention of the SHO, may take action in offences under special and local enactments, which empower the Head Constable to take action.

When a private person arrests any person who commits a non-bailable and cognizable offence in his view, he shall be taken to the nearest police station immediately and such person shall be re-arrested by the police.

The following requirements laid down by Supreme Court should be observed in all cases of arrest or detention:

The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.

In D.K. Basu vs State of West Bengal. AIR 1997 Supreme Court Page 610 and Government Orders issued in this regardMemo No. 564, 23/HRC/93-12 dt. 20-10-97 of GAD. RC No. 43383/C3/87 dt. 22-10-97 of DGP.

That the Police Officer carrying out the arrest of a person shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either member of the family of the arrestee or respectable person of the locality where the arrest is made. It shall also be countersigned by the arrestee and contain the time and date of arrest.

A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.

An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the Police Officials in whose custody the arrestee is.

The arrestee should, where he so requests, be also examined at the time of his arrest about major or minor injuries, if any, present on his/her body. The Inspection Memo must be signed both by the arrestee and the Police Officer affecting the arrest and its copy provided to the arrestee.

The arrestee should be subjected to medical examination every 48 hours during his detention in custody by a doctor from the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory. Director, Health Services should prepare such a panel for all Mandals and Districts as well.

Copies of all the documents including the memo of arrest, referred to above, should be sent to the jurisdictional Magistrate for his record.

The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

A police control room should be provided at all district and State headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and it should be displayed on a conspicuous police board at the police control room.

Guidelines for a Police Officer in making an arrest

When a police officer proceeds to arrest a person and cannot identify him personally, he should secure the services of a person who knows the person to be arrested and should also provide himself, if available, with a photograph, a descriptive role and the marks of identification of that person. He should be sure of the identity of the person to be arrested.

The police officer should be in uniform with his name and number if any, on the pocket, besides carrying his identity card or, if in plain clothes, carry his identity card and should disclose his identity. He should arm himself with such firearms and accessories required for his defence, if the circumstances demand such a precaution.

Police parties engaged on anti-dacoity, terrorist operations or similar duties which are likely to lead to arrests of dangerous persons, should carry handcuffs and leading chains to secure the arrestees, to prevent their escape or violence.

The person to be arrested with or without warrant should be informed of the grounds for making the arrest.

The arrest should be affected without unnecessary violence or publicity.

Section 46 of the Cr.P.C lays down that the police officer making the arrest of a person shall do so by actually touching or confining the body of the person to be arrested, unless there is submission to the custody by word or action.

When a person is to be apprehended and if he resists by force or tries to evade, the arresting police officer may use necessary force to arrest him except causing death.

But if the accused to be arrested is involved in an offence punishable with death or imprisonment for life, the force can be even to the extent of causing death depending upon the circumstances.

When a person to be arrested is concealing himself in a closed place, the police officer has every right to enter such place even by force to affect the arrest. He can even arrest every one who obstructs him from discharging his duty. However, he must behave decently with women inmates.

Police officer can exercise the right of private defence of his body and others while facing resistance in making arrest.

Search of the arrested person by the Police

Whenever a person is arrested and not released on bail by a police officer a thorough search of his clothes and belongings should be made before putting him in lockup.

Articles found upon him other than necessary wearing apparel should be placed in safe custody and if any articles are seized from his person, a receipt showing the articles taken possession by the Police Officer shall be given to such person.

The personal articles of the person should be kept in safe custody in the Property Room (Malkhana) and entries made in concerned registers.

If there are any incriminating articles or objects or materials, which might be necessary for investigation, they should be separated and the procedure for recording and despatch of case property to courts should be followed.

The other property should be returned to him or his nearest kith or kin when he is remanded to custody.

Whenever it is necessary to cause a female to be searched, the search shall be made by a Woman Police Officer or another female with strict regard to decency.

The officer or other person making any arrest, shall seize from the arrested person any offensive weapons, which he has on his person and shall deliver all weapons so taken to the court or officer before which or whom he is produced.

Treatment of the arrested persons Whenever any person is arrested by a Police Officer or by a private person and is brought to the police station, the SHO shall examine the body of the arrested person and note whether he has any injuries over his body.

If any, injuries are observed irrespective of their nature, he should forward the said person to the nearest Medical Officer of the Government Civil Hospital or other Hospitals of local bodies authorized for medico-legal work, for treatment and injury certificate. The Medical Officer should be requested to specify the age of each injury.

When any person with injuries in a serious condition or a drunken person in uncontrollable condition, who is unable to take care of himself, is brought to the police station, the SHO shall immediately forward such person(s) to the Government Hospital.

Any delay may cause death, in which case the Police Officer in-charge of the police station will be held responsible. The statement of the injured person should be recorded in the hospital and further action taken.

When an arrestee demands examination of his body, which will afford evidence to disprove the charge leveled against him and establish his innocence or evidence of an offence against his own body, the Police Officer should forward him to the Medical Officer of the Government Civil Hospital for the examination and injury certificate. Such a certificate shall be forwarded to the Magistrate concerned.

Police Custody

A person who is arrested and not released on bail shall be detained in a secure area of the Police Station earmarked for such purposes, under constant watch.

A prisoner whom the SHO considers to be dangerous and is likely to escape should be kept in the lock-up under continuous and effective watch. This should be done only after making a thorough search and necessary entries should be made in the prisoners search register and guard or watch sentry relief book.

A person called to a police station for questioning in order to verify his complicity in any offence shall not be kept in lock-up, without effecting arrest.

Arrested persons who are known to be goondas, rowdies, dangerous criminals, members of organized gangs, terrorist groups, those likely to escape and charged in serious offences of murder, rape, kidnapping for ransom etc. should be kept in the lock up rooms.

A person in police custody shall not be permitted to leave the lock-up after sun set, except in special and emergent circumstances (and that too with adequate escort) which shall be recorded in the general diary and the Sentry Relief Book.

A person in police custody prior to remand is entitled to see his relatives and an Advocate. He should not, however, be allowed to talk to members of the public.

If the arrested person desires that one of his relatives may be permitted to remain with him, his request should be considered unless there are compelling security reasons.

If the arrested person for health reasons prefers to get his food from his residence, he can be permitted, but the person bringing food to the police station should be made to eat samples of all the food items before serving to the person in custody.

However, in normal course, the arrested persons should be fed at Governments cost as per the rates approved from time to time.

Whenever any punitive action is taken or contemplated against a foreigner, he should be provided with facilities, if he so desires, to communicate over the telephone or by a telegram or letter, with the Counsel, High Commissioner or other representative of his country, as the case may be.

Arrest Reports or Memo

Every person arrested by a police officer without a warrant shall be forwarded for judicial remand to the nearest Judicial Magistrate within 24 hours excluding the journey time.
An arrest report or memo in Form No. 61 containing time, date and place of arrest shall be prepared at the time of arrest and will be sent by the SHO or Inspector, as required by section 57 Cr.P.C. to the Magistrate.

The arrest report shall be attested by at least one witness who may be either a member of the family of the arrestee or a respectable person of the locality. The arrestee shall also countersign it. The other columns of the arrest card containing time and date etc. should all be filled up.

When any person is arrested for his involvement in number of cases under different transactions, separate arrest reports should be forwarded to the Magistrate(s) concerned. In the arrest report, the fact of remanding the arrested person or enlarging him on bail should be mentioned.

Procedure when arrests relate to Government employees, armed forces etc.

Railway Officials

The exercise by the Railway Police of the power of arrest without warrant given to them by Section 131 of the Indian Railways Act for offences under Section 101 of the same Act is discretionary. It should be exercised only in cases, when

There has been loss of life or serious injury to a person; or A person is caught in the commission of a grave offence; or The accused is likely to abscond or continue to endanger the safety of the public or tamper evidence and intimidate witnesses.

When an arrest is made without warrant, immediate intimation of such arrest must be given to the local head of the railway department.

Under ordinary circumstances, immediate arrest may not be necessary. A warrant should be applied for while maintaining a watch over the movements of the accused, where necessary.

Whenever the arrest of a Railway employee on duty is required, the department shall make arrangements for his relief. If, the relief cannot be arranged immediately or his immediate arrest would cause risk or inconvenience, the police should make all arrangements to prevent his escape and contact the authorities for immediate relief.

Arrest of Ordnance Factory Employees G.O.Ms. 2013, Home, (Pol.C), dt. 24.8.1956.

Arrest of an employee of an ordnance factory owned or sponsored by the Government should be notified immediately to the General Manager or the officer in-charge of the factory.

G.O. Ms. 2013, Home (Pol.C), dt. 24.8.1956. Arrest of Central or State Government or quasi-Government employees

When a Central government employee of any department or a State Government employee or an employee of a quasi-Government Organization is to be arrested by the police, wherever it is practicable and desirable, prior intimation of the arrest of such an employee should be sent to his immediate superior officer or the officer in-charge of the institution or department.

The prior intimation must be treated as secret. Whenever prior intimation is given by telephone, it should be followed by a written intimation mentioning the time and date of such conversation.

The fact of telephoning should be recorded in the General Diary if intimation is by SHO.

If the intimation is by a superior officer he should make a record of it in the Telephone Register. After the arrest by the police,

G.O.Ms. 2013, Home, (Pol.C), dated 24.8.1956.

Intimation of the arrest along with a copy of arrest memo should be sent immediately to the highest officer of the department available in the district to which the person belongs with a copy to the immediate superior officer (of the person) if, for any reason, prior intimation could not be given;

This should be followed by a detailed report of the offence committed together with an indication as to whether the arrested person is being released on bail or personal bond, by the police.

Arrest of public servants on operational duty G.O.Ms.No. 772, Home (Police-D) Department, dated 18.5.1965

When a public servant on operational duty of a department of the Central or State Government, e.g., railway staff like station masters, assistant station masters, guards, drivers and train control staff; or electricity department staff like sub-station attendants, is to be arrested, prior intimation should be given to his immediate superior, as a rule, to facilitate them to make alternate arrangements.

Departure from the procedure should be made only in very exceptional cases and even in such cases; intimation should be given to the superior officer immediately after the arrest of the public servant. However, in respect of the operational staff of the trains, prior intimation should invariably be given to the Railway Divisional Authorities or where this is not possible, to the superior available at the Station where the arrest is made.

Arrest of employees of Foreign Diplomatic/Consular missions in the event of the arrest of an Indian employee of a Foreign Diplomatic/ Consular Mission, intimation should immediately be given to the Foreign Diplomatic/Consular Mission through the Government.

Arrest of foreigners

When a foreigner is arrested, reports, as required in Order 349 of Chapter 16 on Foreigners, should be sent.

Arrest of Military employees

The arrest of personnel of Armed Forces including Navy and Air Force charged with the commission of an offence should be intimated to the Commanding Officer to enable him to take appropriate measures for the defence of the personnel.

Subject to sub-order (A) above, the person so arrested shall be dealt with in all respects like any other person in the matter of the investigation of the offence in respect of which he is arrested.

The question as to whether he is to be tried by a Court Martial or a Court functioning under the Cr.P.C. is a matter for decision between the Commanding Officer and the Magistrate before whom he is brought by the police, in accordance with the rules made by the Government of India under Section 475 CrPC.

When any investigation, search or arrest is contemplated within military lines (quarters), the Police Officers concerned should be in uniform and if in plain clothes should carry identity cards and, so far as circumstances permit, prior notice should be given confidentially to the Officer Commanding, Adjutant or Orderly Officer concerned.

Arrest of Indian Army Reservists

When a reservist of the Indian Army is arrested and remanded on a criminal charge, the facts of arrest and remand will at once be reported to the DGP with information to the Army unit to which the person arrested belongs. When the case is completed, its result and, in the event of conviction, the period spent in jail by the accused while under trial, prior to conviction and the sentence awarded shall be reported.

The information so reported will be communicated by the DGP to the appropriate Army authority.

Arrest of Members of State and Union Legislatures

All the rights, that any arrested person has, are available to Members of Legislature and Parliament whenever they are arrested. All guidelines and instructions contained in this Chapter apply to them.

The procedure contained in this should be scrupulously observed whenever any Member of Legislative Assembly/Council or Parliament is arrested by the police. Govt. Memo. 6646/54-5, Home (Elec.II) dt. 8.3.1955; Govt. Memo. 2233/56-1, Home, (Elec.II) dt. 24.4.1956; Rc.3563/C1/63, dated 25th Sept., 1963;G.O.Ms.No. 1392, Home, (Police-D) Dept., dt. 22.6.1966.

Whenever a member of a State or the Union Legislature is arrested, he should immediately be produced before the Magistrate concerned and there should be absolutely no delay. The police will send information of the arrest through a telegram or Radio Message, to the Speaker of the Lok Sabha or the Legislative Assembly, as the case may be.

Failure to send immediate intimation to the presiding officer of the Legislature concerned will constitute a breach of the privilege of the House.

If a member of the Union or a State Legislature is concerned in an unimportant case, he need not be arrested, except when it is really necessary. When arrest is made in a bailable offence, the member should be immediately released on his own recognizance. If the offence is a non-bailable one, the member should be immediately produced before the Magistrate. In any case the fact of arrest and release on bail or remand should be intimated to the Speaker.

Though the instructions are that the Magistrate should send intimation to the Presiding Officer of the Legislature concerned, prompt reporting by police is necessary.

A report of the arrest (whether released on bail either by the Police or by the Magistrate) should be sent by the SP/CP in whose jurisdiction the arrest is effected to the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha, the Speaker of the State Legislative Assembly or the Chairman of the Legislative Council, as the case may be, by telegram or Radiogram or automex or fax with a copy of confirmation dispatched simultaneously by speed post along with a copy of Arrest Memo in Form-61.

The message should contain the information as furnished in the arrest memo sent to Magistrate and relatives (Form 61). Thereafter a detailed report should be sent to the Presiding Officers concerned containing the following information:

The place of custody or detention of the Member;

When a Member, who is under detention or is undergoing, a sentence of imprisonment is transferred from one jail to another, the change in the place of detention or imprisonment; and

When a member is released from jail on any ground e.g., on bail pending appeal or on the sentence being set aside on appeal or on the remission of sentence by Government on completing the sentence or on the termination of preventive detention, such release.

The SP/CP also should simultaneously report the arrest by telegram or radiogram to the DGP, to enable him to report it forthwith to the Government and the Secretary to the Legislature. The copies of such reports should also be sent to the superior police officers.

Police lock-ups and treatment of persons in custody and under trial prisoners Rc.No. 449/ J3/62, dated 10.10.62

Once a person is in custody of the police, the responsibility for his life and safety will be totally on the police. The physical and psychological condition of every person in custody is a major factor that should determine the precautions, facilities and arrangements required to be made. The other factors such as the nature of the offence in which he is involved, the investigation required to be done, the antecedents, age, sex, ignorance and vulnerability are all vital and crucial. While every case has its peculiar features and circumstances, certain important stipulations should be observed.

The first requirement is physical safety of the person in custody. This includes safety from injury and death, whether self inflicted or otherwise. As the psychological state of each individual cannot be accurately gauged, it is necessary to realize that the general mental state of a person arrested and brought to police station would be fear, shock, trauma, sense of guilt and shame etc. Suicidal tendencies therefore develop.

Hence the place where he is lodged should not contain anything including his apparel or belongings that afford him any opportunity to attempt or commit suicide.

There should be a watch on the person all the time, at least by one policeman. The room or place where he is kept should be such as to afford a full view to the Police Officer posted to watch him and also to the Station Writer, HC or Duty officer. The place of work of these two should be so adjusted as to afford a complete view of the lock up rooms.
Wherever any attempt or suspicion about the movements or action comes to notice, the lock up room should be opened and searched.

There should be effective intervention to prevent attempt at suicide and injuries. The whole episode should be recorded in the station General Diary, Sentry Relief Book and the person should be sent for Medical examination with a report. The Magistrate and all other authorities to which Form 61 report is made should also be informed in writing.
The statements of other persons in custody and those present should also be recorded and enclosed to the report.

Since the person is in custody, sometimes even self-inflicted injuries or suicides can be interpreted as those caused by police. Hence effective and timely intervention, contemporaneous recording of events, reporting to all concerned of such attempts by persons in custody are important.

No Police Officer or IO shall use any force or cause any physical injury during interrogation of the person in custody. If such injuries are caused and result in death of the person, the Police Officers concerned will be liable for prosecution for homicide and the burden of proof of their innocence lies on them.

Custody rules

No one shall be subjected to torture, or to cruel inhuman or degrading treatment in custody.
Two blankets and two dhurries for rural stations and four blankets and four dhurries for town police stations having lock-ups should be supplied for the use of persons in police custody for each lock-up. These should be always kept clean, washed and dried. These articles will be treated as station property and the officer-in-charge of the station or Outpost will be responsible for their issue to such of the prisoners who do not provide themselves with their own bedding.
The police lock-up, if it contains a prisoner or prisoners shall be unlocked at daybreak. The bedding of the prisoners, shall be at once brought outside, well shaken and left for some hours in the sun.G.O 3017, Home, dt. 2.8.1937.
In lock-ups where toilet facilities are not provided, the night vessels, if any used, shall be removed and toilets shall be thoroughly cleaned. Wherever toilets are provided they should also be thoroughly cleaned.
The persons in custody shall be taken to the latrine and shall be allowed to wash. They shall be given food daily at 10.00 am or earlier if necessary before he is taken to Court and again at 5 pm. If prisoners are not brought to the station before the hours prescribed for meals they should be given food as soon as possible after they are confined in the lock up rooms. They should be fed at government cost if food is not brought by their relatives.

Officers in-charge of Police stations and officers in-charge of guards will be held personally responsible for strict compliance of these orders.

Prisoners are not to be subjected to needless indignity or harsh treatment. At district Headquarters or at places where police vehicles are available, prisoners should be conveyed from jail to court and back in the police vehicles. Prisoners whose confessions are to be recorded should be taken to the Court from the jail in a police van, when available, escorted by warders as a special case. In places where there is no police van, but where public transport is available, under-trial prisoners should be conveyed by normal bus service, irrespective of the distance to be travelled, provided that the number of prisoners to be taken at a time is small and can be controlled easily and provided that their presence in the bus does not cause inconvenience or annoyance to members of the public using it.

In places where none of the above modes of conveyance are available, under-trial prisoners who are persons of good social position, accustomed to use a conveyance, may be allowed a conveyance, provided their safe custody is not jeopardized. The same rule should be followed in the case of prisoners who are certified by a Medical Officer to be physically unfit to walk.

In other cases, prisoners should go on foot except in the cases noted below, but no prisoner should be compelled to march on foot for long distances.

G.Os. 464, Pub. (Pol.), dated 19.10.1930; 1917, Law, (Genl.) dated 11.3.1932 & 5394, Home, dated 13.10.1939.

When convicted prisoners are escorted along with under-trial prisoners, the former may be conveyed by the transport Bus in which the latter are conveyed, irrespective of the distance travelled, in order to avoid the inconvenience and expense of providing a separate escort for them.

Whenever women prisoners have to be escorted by road, they should be provided with a conveyance, where the distance to be travelled by them exceeds 2 km. Conveyance may also be provided for shorter distances for reasons of health or custom or for other valid reason. Failure to make such provision would cause undue hardship to them.
G.O.Ms 2768, Home, dt. 27.6.1940

Use of handcuffs

The use of handcuffs or leg chains should be avoided and if at all, it should be resorted to strictly in accordance with the law mandated in judgment of the Supreme Court in Prem Shanker Shukla vs. Delhi Administration (1980, 3 SCC 526) and Citizen for Democracy vs State of Assam (1995, 3 SCC 743).

The points to be observed in this regard are as follows:

When an accused is in Court during the trial, he must be held to be in the custody of the Court. If an accused is so dangerous that it is necessary to handcuff him, representation should be made to the Court, and the Court will issue appropriate instructions in the matter.

Accused persons while in Court during trial should not be handcuffed except with the permission of the Court.G.O. Ms. 1832, Home, dated 10.5.1951.

Under-trial prisoners and other accused persons shall not be handcuffed and chained without specific permission of the court and only if there is a reasonable apprehension, either due to heinous nature of the crimes with which they are charged or from their character or behaviour that such persons will use violence or will attempt to escape or that an attempt will be made to rescue them. The same principle shall be applied to convicts proceeding in public places while in police custody. Vindictivity is to be differentiated from necessity.

G.O.Ms. 108, Home (Pol.D) dated 17.1.61. Whenever non-convicted accused persons are handcuffed with courts permission, the fact and the reasons for it shall be stated in the Station House general diary, the sentry relief book, and in the remand diary forwarded to the Magistrate.

G.O. 615, Judl., dated 24.4.1908.

The prisoners either convicted or under trial and confined in a sub-jail shall not be handcuffed, whenever they are taken out in the precincts of the sub-jail for food or other necessities, rather the entire guard including the guard commander shall be present. If there are more number of prisoners, the guard in-charge should inform the officer in-charge of the police station to send two or three constables to assist the sub-jail guard during the period when the prisoners are taken out. The officer in-charge of police station shall provide extra manpower as required by the guard-in-charge.

Whenever, it is considered necessary to handcuff certain prisoners confined in sub-jail, while they are taken out, the written orders of the Magistrate should be obtained and the permission granted by him should be maintained in a book to be kept by the guard officer.

With regard to a refractory, violent or dangerous prisoner, the officer in-charge of the sub-jail guard or the senior Police officer present may control him only by utilising more personnel and by such force as may be necessary, while rushing a messenger to the concerned court or Magistrate for permission to handcuff him.

Under-trial prisoners or accused persons in Hospital should not be handcuffed without permission of the court. In no case should prisoners or accused persons who are aged and bed ridden in hospital or women prisoners, juvenile prisoners or civil prisoners be handcuffed or fettered. If necessary, extra guard should be provided.

G.O.Ms. 108, Home (Pol.D) dated 17.1.1961.
The restriction on use of handcuffs is not to place any embargo on use of minimum force to control a violent prisoner.

Sick prisoners

When a prisoner, who arrives at a Police station, is seriously ill, medical aid should be provided. When not available, the prisoner should be sent by the quickest conveyance available, if his condition admits of it, to the nearest station where medical assistance can be procured.

Prisoners attacked by cholera or other infectious or communicable disease in a police station should be removed from the lock-up and placed in an airy part of the station and all possible treatment provided.

Whenever sick prisoners are brought from rural police stations to district head-quarters hospitals and admitted as in-patients, the fact should be reported to the Superintendent of Police of the district or Dy. Superintendent of Police or the Inspector of the District Reserve Police in whose area the hospital is located, and an armed guard will be provided from the Reserve.

In larger hospitals in cities, where prisoners wards are provided, the guard provided for the prisoners ward should take charge of such prisoners brought from the districts. The guard in-charge of the district headquarters hospital or city hospital, should find out from the resident Medical Officer or in-charge Medical Officer of the ward about the probable date of discharge of the prisoner. The information about date of discharge should be furnished to the police station or district from which the prisoner was admitted to the hospital, so that; the concerned police shall take back the prisoner.

Most of the District Headquarters Hospitals/General Hospitals are provided with prisoners ward. If such provision is not available the SP or the CP should take up the matter with the concerned authority and ensure that the prisoners ward as per the norms is provided. The prisoner irrespective of his status should be lodged in the prisoners ward as to ensure their safety and enable the police to guard them effectively.

This would also prevent inconvenience to other patients. Arrangements are to be made for their treatment in the prisoners ward itself except where it is necessary to shift them in emergencies either to an operation theatre or to an Intensive Care Unit. The government has issued instructions in this regard to the concerned authorities.

In case of death of a prisoner admitted to the hospital, the officer in-charge of the police station in whose jurisdiction the hospital is situated shall register a case under section 174 CrPC and, inform the Executive Magistrate to hold inquest and make such other enquiries. Finally the dead body will be handed over to the relations through concerned police.

The scale of accommodation for prisoners

The maximum number of prisoners that can be confined in a lock-up should, in each case be fixed by the Superintendent of Police in consultation with the Executive Engineer, Police Housing Corporation or Roads and Buildings Department, having regard to the accommodation available therein. A notice in English, Telugu, Urdu and Hindi should be displayed outside the lock-up, showing the maximum number of male or female prisoners who may be confined in it. The number so fixed shall never be exceeded; and any excess over the authorized number shall be accommodated in any convenient building with adequate guard.G.O.s. 1672, Judl., dated 11.7.196 and 325, Home (Judl.) dated 9.2.1918.
For purpose of the above Order, 16 cubic meters of breathing space and 4 square meters of ground space should be taken as the minimum requirements for each prisoner to be accommodated in a police lock-up.
PWD Circular, Memo. 3266, G, dated 19.7.1917.
The design of the lock-up rooms should be prepared in such a manner as to ensure adequate ventilation and light and other safety measures. The electrical wiring should be concealed and the lights embedded in the roof with the switch being kept outside at the entrance to the lock-up. There should be no rods or hooks either on the ceiling or on the walls and both ceiling and walls should be smoothly polished and whitewashed frequently.
Accommodation of persons outside the lock-up rooms in the station premisesThose prisoners who are not likely to escape or create any problem or those who are not involved in any serious crimes and the women may be allowed to be in any area of the police station under watch. They should not, however, be allowed any contact with outsiders except with their advocate or in case of women with a female relative.

In case where large numbers of persons are arrested under 151 CrPC to prevent breach of peace, they may be made to sit in a place either within the premises of police station or in another building which has access control and with facilities for drinking water and toilets. Where it is not necessary to detain them for any length of time they should be released after making a complete record of each person and the reasons for arrest in the concerned records.

Where it is felt necessary to detain them for a few hours and they are not required to be produced before a Magistrate for any specific offence they may be released by the SHO at any time that he considers appropriate.

The detention should, in any case, not exceed 24 hours as laid down in section 57 of CrPC. They should all be given food at government cost if not arranged by their relatives or friends.

Confinement of other department prisoners in lockup

When any prisoner arrested and escorted by officers of other units such as police stations & CID, Excise, Customs etc., are brought for confinement in the police station lock-up, a written requisition shall be given to the officer in-charge of the police station and the latter shall keep such prisoners in the lock-ups. The Officers of the other units will keep their subordinates besides police station guard.

If there are no prisoners in the concerned police station lock-up, the key of the lock-up shall be given to the officers of other branches or units or departments and they will be responsible for the prisoners safe custody.

In the lock-up if there are already prisoners of the concerned police station, the key shall remain with the in-charge of the guard.

In all circumstances, the duty of supplying the prisoners with food and guarding them, when taken outside the lock-up, shall lie with the outside officers.

Escape from Custody

In all cases of escape of prisoners from police custody including those from jails where police guards are posted, a report by Automax, Fax, Radio or Telephone shall immediately be sent by the Superintendent of Police or the Commissioner of Police as the case may be to the Director General of Police, Addl. DGsP, L&O, Intelligence, CID, Zonal IG/DIGP who will communicate the information immediately to the government.

G.O.Ms.No. 1599, Home (Prisons-B) Department, dated 4.9.1966.

The radio or telephonic report shall immediately be followed by a detailed report in triplicate furnishing the circumstances under which the person escaped, whether the escape of the prisoner was accidental or as a result of collusion or negligence, the action taken to apprehend him, the person or persons responsible for the escape, the exact quantum of responsibility to be attached to the Police personnel involved and the action taken against them, and other relevant particulars. These reports should be properly drafted and neatly typed with proper care.

G.O.Ms.No. 1599, Home (Prisons-B), dated 1-2-57;Govt. Memo No.14957/57-1, Home (Prisons-B), dated 26-1-57;Govt.Memo No. 53948/57-2, Home (Prisons-B), dated 18-7-57 andGovt.Memo No.11974/60-46 dated 17-10-1962

Copies of the reports shall be sent by the Superintendent of Police to the Zonal Inspector-General/DIGP. Copies of the reports in respect of cases of escapes from jails where Police Guards are posted shall also be sent to the Director-General of Prisons, Andhra Pradesh.
Rc.No.1940/ C2/64, dated 22nd October, 1964. The above orders apply also to juvenile convicts.
Rc.No. 3406/ C2/63, dated 17.10.1963 andRc.No. 1940/ C2/64, dated 22.10.1964.

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Bail

Bail broadly means security for release of a person who is arrested. A person is released on bail with or without sureties. Offences are of two types as far as bail is concerned, bailable and non-bailable. When a person is arrested for a bailable offence, he is entitled to be released on bail either by the SHO or by court. In cases of arrests for non-bailable offences, bail is discretion.

Bail in bailable offences:

The SHO is competent to release a person on bail when arrested for bailable offences. If the arresting police officer is not the SHO, the arrestee shall be produced before the SHO with a written report for release on bail. If the accused jumps bail in a bailable offence and when he is arrested again, it should be treated as a non-bailable offence. In case bail is given by SHO in bailable offence the bond should be taken in Form 63. The detailed addresses of the sureties have to be noted there in.

Bail in non-bailable offences:

When a person is arrested for a non-bailable offence ordinarily he shall be produced before the court but the SHO may release on bail in exceptional cases covered by section 437(1) and (2) Cr.P.C after obtaining express permission by SP / DCP / CP concerned. Points for opposing bail in non-bailable offences:

Likelihood of absconding.

Possibility of tampering with evidence, intimidation and threats to witnesses.

Likelihood of repeating the offence.Nature of the offender and the seriousness of the offence.

Likelihood of breach of peace and tranquility in the locality.

Likelihood of retaliations by the victims party.

Bailable warrants: – When a person is arrested under a bailable warrant, he should not be compelled to come to the police station to give bail. He should be given bail at the place of arrest if he offers security.

Anticipatory bail

When a person apprehends arrest for a non-bailable offence on a reasonable suspicion, he may apply to the High Court or Sessions court to give a direction to release him on bail in case he is arrested.
In such cases the court gives notice to the P.P. for his objections, if any. The SHO must furnish the P.P. with sufficient information to enable him to argue the case.

In case the order is given in favour of the petitioner, the direction will be that he should be released on bail in case he is arrested on taking security as specified in that order. This clearly shows that the police officers are competent to arrest even if one gets such order. The only facility is that he should be released on bail in case of arrest without producing him in court.

The court may be requested to impose conditions in case an order is given in his favour. Such conditions can be;

That the person shall make himself available for interrogation as and when required. That, he shall not directly or indirectly tamper with evidence or witnesses. That, he shall not leave the place or the country. That, he shall co-operate with the investigation.

Remand of arrested accused

When a person is arrested during the course of investigation and if the investigation is not completed within 24 hours, the officer in charge of the police station shall forward the accused to the nearest judicial magistrate along with a remand report enclosed by the case diary written till that date.

The accused will be remanded only when the investigation discloses some offence against him so far and further investigation is needed for completion.

A remand at a time will be for a maximum period of 15 days.

However, in cases under Control of Organised Crimes Acts and Prevention of Terrorism Act 2002, the police remand may be for 30 days.

Further remand, if necessary, is only by the jurisdictional magistrate.

The police can seek remand for 60 days in ordinary cases where offences are punishable with imprisonment for less than 10 years and 90 days in cases punishable with death or life imprisonment or with imprisonment for not less than 10 years. If the charge sheet is not filed within that period, the accused shall be entitled for a bail even in a serious case like murder.

No accused shall be remanded to judicial custody unless he is produced before Magistrate. But in Andhra Pradesh an accused can be remanded even from jail by means of video conferencing.

An accused can be remanded separately for each and every case committed under different transactions.

Remands always shall be given by the Judicial Magistrate, but in the absence of any Judicial Magistrate, an executive magistrate on whom the powers of Judicial Magistrate are conferred can give remand, if the arrested person is produced before him.

In such cases the remand can be only for a maximum period of 7 days by executive magistrate. Beyond this, remand can be given only by the competent Judicial Magistrate.

Police custody

When it is necessary for the police to interrogate an accused who is remanded to Judicial custody to take under police custody, the following points shall be borne in mind:

Taking a person to police custody is only granted when the magistrate finds sufficient reasons. Therefore the police officer in his requisition shall state satisfactory reasons.
Police custody can be given only within the first fifteen days of remand and that too for a maximum period of 15 days. Police custody can be taken for different remands made in different cases.
After the period of custody is over, the accused person shall duly be produced before the magistrate within time.

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