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Police Act 1996 [UK]

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

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

  SC INDEx

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;

  1. The accused is given to violent behaviour and is likely to commit further offences unless his movements are brought under restraint;
  2.  The accused is a habitual offender and unless kept in custody, he is likely to continue to commit similar offences;
  3. Where it is necessary that his presence is required for the purpose of investigation.
  4. 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 –

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

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 metre of breathing space and 4 square metre 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 white washed 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.

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:

  1. 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.
  2. 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.
  3. After the period of custody is over, the accused person shall duly be produced before the magistrate within time.

 


 

HOWRAH POLICE COMMISSIONERATE

WEST BENGAL STATE LAWSCyber Crime PS 033-2676-8007 
West Bengal Police Directorate
Home Department
Police Establishment Branch
NABANNA, Howrah – 711 102.
Control Room HWH Police Comm:- 033-2641-5614,033-2637-4761/4762 ,
033-2640-4001. Ext. 229
Cyber Crime PS 033-2676-8007
Control Room HWH Police Line:- 033-2640-4008 / 033-2640-4009
EPABX P-Comm.- 033-2640-4001/4002/4003
POLICE LINE:
POLICE OFFICE :
RESERVE OFFICE:
On 01.09.2011 Howrah Police Commissionerate was created 

The Commissioner: Present incumbent- Mr Devendra Prakash Singh, Commissioner of Police, Howrah, also perform as Executive Magistrate for the Metropolitan area of Howrah, specially empowered by the State Government vide Home (Police) Department Order No.-3636-PL/PB/14M-138/04 dt. 26.08.11 to act under the Section 144 of the said Code of Criminal Procedure, 1973 (Act 2 of 1974)

Special Executive Magistrates : 
  1. Deputy Commissioner of Police,
    Special Branch, Howrah Police
    Commissionerate
  2. Deputy Commissioner of Police,
    Traffic, Howrah Police
    Commissionerate
  3. Addl. Deputy Commissioner of
    Police, South Division, Howrah
    Police Commissionerate

ACP (Detective Department) HPC: Smt. Bhavna Gupta, IPS, ADCP(South) HPC 

Name of Office / Establishment Telephone Nos. with STD Code
Commissioner of Police, Howrah 033-2641-2626
Deputy Commissioner of Police (HQ), Howrah 033-2640-4200
Deputy Commissioner of Police (SB), Howrah 033-2640-4400
Deputy Commissioner of Police (Traffic), Howrah 033-2666-2360
Addl. Deputy Commissioner of Police, North Divn., Howrah 033-2655-7255
Addl. Deputy Commissioner of Police, South Divn., Howrah 033-2640-1100
Addl. Deputy Commissioner of Police (Traffic), Howrah 033-2666-2360
Asst. Commissioner of Police, (North), Howrah 033-2641-1388
Asst. Commissioner of Police, (EB), Howrah 033-2637-4793
Asst. Commissioner of Police, (South), Howrah 033-2641-4466
Asst. Commissioner of Police D.D., Howrah 033-2666-0130
Asst. Commissioner of Police Traffic-I, Howrah 033-2648-0028
Asst. Commissioner of Police Traffic-II, Howrah 033-2666-2666
Asst. Commissioner of Police Traffic-III, Howrah 033-2688-0290
Asst. Commissioner of Police A.P., Howrah 033-2641-2670
Asst. Commissioner of Police S.B., Howrah 033-2640-4010
Asst. Commissioner of Police (HQ), Howrah 033-2637-4764
RI, Howrah 033-2641-2670
Sadar Court, Howrah 033-2641-5614
I/C Howrah TG 033-2637-4791
I/C Howrah Rly. Stn. TG 033-2641-2345
I/C Kona TG 033-2688-0313
Bally Traffic Guard 033-2654-7645
Bally S.T.G. 033-2877-4624
M P Ghora S.T.G. 033-2877-5811
Dasnagar Traffic Guard 033-2653-4546
Bantra S.T.G. 033-2849-5353
Golabari Traffic Guard 033-2637-4768
Golabari S.T.G. 033-2877-8174
2nd HB TG 033-2688-0144
2nd HB STG 033-2849-1166
Amtala S.T.G. 033-2688-7993
TI (HQ) 033-2666-0131
AJC Bose Botanical Garden
Bally PS
033-2638 1028
033-2654-1128, 033-2654-6378
Liluah PS 033-2645-8047, 033-2645-4996
Malipanchghara PS 033-2655-5952 , 033-2655-3828
Golabari PS 033-2666-3515, 033-2676-8484
Howrah PS 033-2641-1750, 033-2637-4792
Shibpur PS 033-2638-1028, 033-2637-4794
Jagacha PS 033-2657-9223, 033-2657-3800
Bantra PS 033-2643-1009, 033-2643-4040
Chatterjeehat PS 033-2667-2535,033- 2667-2031
Dasnagar PS 033-2653-1260, 033-2653-4545
Santragachi PS 033-2658-6560
AJC Bose B. Garden PS 033-2688-6638, 033-2688-6639
Belur PS 033-2654-0380, 033-2654-4007
Nischinda PS 033-2671-0010, 033-2671-0008
Women P.S. 033-2637-2637
Cyber Crime PS 033-2676-8007
Police Station Wise Civil Jurisdictions

C.J.S.D 1ST COURT- HOWRAH, PANCHLA, DOMJUR.

C.J.S.D 2ND COURT-BALLY,BANTRA,GOLABARI,MALIPACHGHORA, LILUAH,BELUR,NISCHINDA.

C.J.S.D 3RD COURT- SHIBPUR, JAGACHA, J.B PUR, SANKRAIL, DASNAGAR,SANTRAGACHI.

C.J.J.D 1ST COURT- BALLY, PANCHLA, BELUR,NISCHINDA.

C.J.J.D 2ND COURT- SHIBPUR

C.J.J.D 3RD COURT- HOWRAH

C.J.J.D 4TH COURT- GOLABARI

C.J.J.D 5TH COURT- MALIPACHGHORA

C.J.J.D 6TH COURT- JAGACHA, LILUAH, DASNAGAR, SANTRAGACHA.

C.J.J.D 7TH COURT- BANTRA, J.B. PUR

Jurisdiction outside of Howrah Court
1 Bauria
2 Joypur
3 Amta
4 Uluberia
5 Udaynarayanpur
6 Shyampur
7 Bagnan

Court Inspector : Sadar, Howrah  Shri Arunava Das from 15.02.2016.
 

AImportant Registers maintained at different Police Stations/ Court Offices of Howrah City Police


Useful Links

State And UTs Police

State Police

RENT CONTROL REGULATION DATED 13/2/2018 :

No land-lord or owner or person whose property falls under the jurisdiction of area of any of the Police Stations under Howrah Metropolitan area shall let/sublet/lease/rent out any residential accommodation or grant lease or license to any person unless and until the said landlord/owner/person has furnished the particulars of the said tenant(s)/ license as the case may be as per the Proforma in Schedule-I to the Officer -in–Charge of
the Police Station concerned. And whoever having property in his possession or under his management shall also inform in writing to the Officer-in-Charge of the Police Station concerned in whose jurisdiction the premise falls about the particulars of the tenants or leasee or licensee as the case may be as per the said proforma.

This order shall come into force on and from 13 th day of February, 2018 and remain in force for a period of 60 (sixty) days i.e., upto 13 th day of April, 2018 unless rescinded or altered earlier.

Any person contravening this order is liable to be punished under Section 188 of the Indian Penal Code.


Crime and Criminal Tracking Network & Systems (CCTNS)

Training Class-1

CCTNS is a Mission Mode Project under the National e-Governance Plan (NeGP) of Govt. of India. CCTNS aims at creating a comprehensive and integrated system for enhancing the efficiency and effectiveness of policing through adopting of principle of e-Governance and creation of a nationwide networking infrastructure for evolution of IT-enabled-state-of-the-art tracking system around ‘Investigation of crime and detection of criminals’.

Some centrally initiated programs such as the NCRB-led CCIS (Crime and Criminals Information System) and CIPA (Common Integrated Police Application), and State-led initiatives such as e-COPS (in Andhra Pradesh), Police IT (in Karnataka), Thana Tracking System (in West Bengal), CAARUS (in Tamil Nadu) and HD IITS (in Gujarat).

The Eastern Frontier Rifles (West Bengal Battalion) Act, 1920

Bengal Act 2 of 1920

[31st March, 1920.]

An Act to amend the law relating to the regulation of the Eastern Frontier Rifles [West Bengal Battalion].

Whereas it is expedient to amend the law relating to the maintenance of discipline among riflemen;

And Whereas the previous sanction of the Governor-General has been obtained under section 79, sub-section (2), of the Government of India Act, 1915, to the passing of this Act;It is hereby enacted as follows :-

1. Short title, local extent and commencement. – (1) This Act may be called the Eastern Frontier Rifles [West Bengal Battalion] Act, 1920:(2) It extends to the whole of [West Bengal]: and(3) It shall come into force on such day as the [State Government] may, by notification in the [Official Gazette], direct.

2. Repeal. – Repealed by Bengal Act 1 of 1939.

3. Definitions. – In this Act, unless there is anything repugnant in the subject or context,-(1) “active service” means service at outposts or against hostile tribes or other persons in the field ;(2) “Commandant” or “Assistant Commandant” means a person appointed by the [State Government] to be a Commandant or an Assistant Commandant of the Eastern Frontier Rifles [West Bengal Battalion], hereinafter referred to as the battalion:(3) “District Magistrate” includes a Deputy Commissioner [* * * * * *].(4) “rifleman” means a police-officer [enrolled under] the Police Act, 1861, who has signed the statement in the schedule to this Act in accordance with the provisions of this Act, and includes a military police-officer appointed under the Bengal Military Police Act, 1892, or the Assam Military Police Regulation. 1890, or the Eastern Bengal and Assam Military Police Act. 1912;(5) “superior officer” means, in relation to any rifleman,-

(a) any officer of a higher class than, or of a higher grade in the same class as himself, and

(b) any Assistant Commandant, Commandant or District Magistrate;

(6) the expressions “reasons to believe”, “criminal force”, “assault”, “fraudulently” and “voluntarily causing hurt” have the meanings assigned to them respectively in the Indian Penal Code.

4. Appointment and discharge. – (1) Before a police-officer [enrolled under the Police Act, 1861, is enlisted] under this Act, the statement in the schedule shall be read and, if necessary, explained, to him, in the presence of a Magistrate, Commandant or Assistant Commandant, and shall be signed by him in acknowledgement of its having been so read to him :

[Provided that, in respect of a police-officer enlisted under this Act after the commencement of the Eastern Frontier Rifles (Bengal Battalion Amendment) Act, 1941, for the words “three years” in the statement in the schedule the words “seven years” shall be substituted].

(2) Notwithstanding anything contained in section 9 of the Police Act, 1861, a rifleman shall not be entitled to be discharged except in accordance with the terms of the statement which he has signed under this Act.

5. Classes and rank of riflemen. – There may be all or any of the following classes of riflemen, who shall take rank in the order mentioned, namely ;-

(i) Subadars-Major,

(ii) Subadars,

(iii) Jamadars,

(iv) Havildars-Major,

(v) Havildars,

(vi) Naiks,

(vii) Buglers and sipahis,

and such grades in each class as the [State Government] may, from time to time, direct.

6. Heinous offences. – A rifleman who-

(a) begins, excites, causes or joins in any mutiny or sedition, or, being present at any mutiny or sedition, does not use his utmost endeavours to suppress it, or, knowing or having reason to believe in the existence, of any mutiny or sedition, does not without delay give information thereof to his Commanding or other superior officer; or

(b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer, knowing or having reason to believe him to be such, whether on or off duty; or

(c) shamefully abandons or delivers up any garrison, fortress, post or guard, which is committed to his charge or which it is his duty to defend; or

(d) in the presence of an enemy or of any person in arms against whom it is his duty to act, shamefully casts away his arms or his ammunition, or intentionally uses words or any other means to induce any other rifleman to abstain from acting against the enemy, or any such person, or to discourage such officer from acting against the enemy or such person, or who otherwise misbehaves; or

(e) directly or indirectly holds correspondence with, or communicates intelligence to, or assists, or relieves, any enemy or person in arms against the State, or omits to discover immediately to his Commanding or other superior officer any such correspondence or communications coming to his knowledge; or

(f) directly or indirectly assists or relieves with money, victuals or ammunition, or knowingly harbours or protects any enemy or person in arms against the State; or

who, while on active service-

(g) disobeys the lawful command of his superior officer; or

(h) deserts or attempts to desert the service; or

(i) being a sentry, sleeps at his post, or quits it without being regularly relieved or without leave; or

(j) without authority leaves his Commanding Officer, or his post or party, to go in search of plunder; or

(k) quits his guard, picquet, party or patrol without being regularly relieved or without leave; or

(l) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard, or without authority breaks into any house or any other place for plunder, or plunders, destroys or damages any property of any kind; or

(m) intentionally causes or spreads a false alarm in action, camp, garrison or quarters;

shall be punished with transportation for life or with imprisonment which may extend to fourteen years to which a fine not exceeding five hundred rupees may be added, or with a fine not exceeding five hundred rupees.

7. Other offences, including acts prejudicial to good order and discipline. – A rifleman who-

(a) is in a state of intoxication when on or detailed for any duty, or on parade, or on the line of march; or

(b) strikes, or forces or attempts to force, any sentry; or

(c) being in command of a guard, picquet or patrol, refuses to receive any prisoner duly committed to his charge, or, whether in such command or not, releases any prisoner without proper authority or negligently suffers any prisoner to escape; or

(d) being deputed to any guard, picquet or patrol, quits it without being regularly relieved or without leave; or

(e) being in command of a guard, picquet or patrol, permits gambling or other behaviour prejudicial to good order and discipline; or

(f) being under arrest or in confinement, leaves his arrest or confinement before he is set at liberty by proper authority; or

(g) is grossly insubordinate or insolent to his superior officer in the execution of his office; or

(h) refuses to superintend or assist in the making of any field work or other military work of any description ordered to be made either in quarters or in the field; or

(i) strikes or otherwise ill-uses any rifleman subordinate to him in rank or position; or

(j) being in command at any post or on the march and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has committed any riot or trespass, fails, on proof of the truth of the complaint, to have due reparation made as far as possible to the injured person and to report the case to the proper authority; or

(k) designedly or through neglect injures or loses or fraudulently or without due authority disposes of his arms, clothes, tools, equipment, ammunition, accoutrements or other necessaries, or any such articles entrusted to him or belonging to any other person; or

(l) malingers, feigns or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or

(m) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person; or

(n) commits extortion, or without proper authority exacts from any person carriage, porterage or provisions; or

(o) designedly or through neglect kills, injures, makes away with, ill-treats or loses his horse, or any animal used in the public service; or

who, while not on active service,-

(p) disobeys the lawful command of his superior officer; or

(q) plunders, destroys, or damages any property of any kind; or

(r) being a sentry, sleeps at his post or quits it without being regularly relieved or without leave; or

(s) deserts or attempts to desert the service; or

(t) neglects to obey any battalion or other orders, or commits any act of omission prejudicial to good order and discipline, such act or omission not constituting an offence under the Indian Penal Code or any other Act in force in [West Bengal],

shall be punished with imprisonment for a term which may extend to one year, or with a fine not exceeding two hundred rupees, or with both.

8. Minor offences and punishments. – (1) A district Magistrate or a Commandant, or, subject to the control of the Commandant, an Assistant Commandant, and, subject to the same control, an officer not below the rank of a Jamadar commanding a separate detachment or an outpost or in temporary command of the battalion at the headquarters of a district during the absence of the District Magistrate, Commandant and Assistant Commandant, may, without a formal trial, award to any bugler or siphai who is subject to his authority, any of the following punishments for the commission of any petty offence against discipline, which is not otherwise provided for in this Act, or which is not of a sufficiently serious nature to call for a prosecution before a Criminal Court, that is to say-

(a) imprisonment to the extent of seven days in the quarter-guard or such other place as may be considered suitable, with forfeiture of pay and allowances during its continuance;

(b) punishment drill, extra guard, fatigue or other duty, not exceeding thirty days in duration, with or without confinement to lines;

(c) forfeiture of pay and allowances for a period not exceeding one month;

(d) any of these punishments may be awarded separately or in combination with any one or more of the others.

9. Manner of imprisonment. – Any rifleman sentenced under this Act to imprisonment for a period not exceeding three months shall, when he is also dismissed from the police force, be imprisoned in the nearest or such other jail as the [State Government] may, by general or special order, direct, but, when he is not also dismissed from that force, he may, if the convicting court or the District Magistrate so directs, be confined in the quarter-guard or such other place as the Court or Magistrate may consider suitable.

10. Powers of Commandants and Assistant Commandants for inquiring into offences under this and other Acts. – Notwithstanding anything contained in the Police Act, 1861, or in any other enactment for the time being in force, the [State Government] may invest any Commandant or Assistant Commandant with the powers of a Magistrate of any class for the purpose of inquiring into or trying any offence committed by a rifleman and punishable under the Police Act, 1861, or this Act, and any offence committed by a rifleman against the person or property of another rifleman and punishable under any section of the Indian Penal Code or of any other Act in force in [West Bengal].

11. Privileges of Commandants and Assistant Commandants. – A Commandant or Assistant Commandant shall be entitled to all the privileges which a police-officer has under sections 42 and 43 of the Police Act, 1861, section 125 of the Indian Evidence Act, 1872, and under any other enactment for the time being in force;and shall, subject to such rules as the [State Government] may from time to time make in this behalf, exercise all the powers of a District Superintendent of Police within the meaning of the Police Act, 1861.

12. Power of State Government to make rules. – The [State Government] may, as regards the battalion, make such orders and rules, consistent with this Act, as [it thinks] expedient, relative to the several matters respecting which the Inspector-General of Police, with the approval of the [Stale Government] may, as regards the police force, frame orders and rules under section 12 of the Police Act, 1861.


The Schedule

Statement

(See sections 3 and 4.)

After you have sewed for three years in the Eastern Frontier Rifles [West Bengal Battalion], you may, at any time when not on active service, apply for your discharge, through the officer to whom you may be subordinate, to a Commandant of the Battalion, or to the Magistrate of the district in which you may be serving;

And you will be granted your discharge after two months from the date of your application, unless your discharge would cause the vacancies in the battalion to exceed one-tenth of the sanctioned strength; in that case you must remain until this objection is waived by competent authority or removed.

But when on active service you have no claim to a discharge and you must remain and do your duty until the necessity for retaining you in the battalion ceases, when you may make your application in the manner hereinbefore prescribed. In the event of your re-enlistment after you have been discharged, you will have no claim to reckon for pension or any other purpose your service previous to your dis-charge.

Signature of officer in acknowledgement of the above having been read to him.

A.B.

Signed in my presence after I had ascertained that A.B. understood the purport of what he signed.

C.D.
Magistrate, Commandant or Assistant Commandant.

The Police Act, 1983 [ Jammu and Kashmir]

(Act No. 2 of 1983)

[Sanctioned by His Highness the Maharaja Bahadur in Council, ride State Council Resolution No. CXVII, dated 29th January, 1927 and published in Government Gazette dated 22nd Chet, 1983.]

Whereas it is expedient to re-organize the police and to make it a more efficient instrument for the prevention and detection of crime; it is hereby enacted as follows

1. Short title. – This Act may be called the Police Act, 1983.

2. Commencement. – This Act shall come into force on and from the date of its third publication in the Jammu and Kashmir Government Gazette.

3. Repeal. – The Police Ain No. 1 of 1905 is hereby repealed.

4. Interpretation clause. – The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say,-

the words “District Magistrate” shall mean the chief officer charged with executive administration of a district and [exercising the powers of an Executive Magistrate,] by whatever designation the chief officer charged with such executive administration is styled;

the word “Magistrate” shall include all persons within the general police district, exercising all or any of the powers of a Magistrate;
the word “police” shall include all persons who shall be enrolled under this Act;
the words “general police district” shall embrace the local area within the State, in which this Act shall be ordered to take effect;

The words “Superintendent” and “Superintendent of Police” shall include any Assistant Superintendent or other person appointed by general or special order of [the Government] to perform all or any of the duties of a Superintendent of Police under this Act in any district or part of a district;

the word “property” shall include any movable property, money or valuable security;
words importing the singular number shall include the plural number and words importing the plural number shall include the singular number:
words importing the masculine gender shall include females;

the word “person” shall include a company or corporation;

the word “month” shall mean a [Hindi calendar month;]

the word “cattle” shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.

5. Constitution of the force. – The entire police establishment under the general police district, shall, for the purposes of this Act, be and deemed to be one police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, and the members of such force shall receive such pay, as shall from time to time be ordered by [the Government].

6. Superintendence in the Government. – No person. Court or officer shall have authority to appoint, supersede, or control any police functionary except as authorised by this Act:
Provided that, nothing herein contained shall be deemed to affect in any way the powers of superintendence and control vested in [the Government],

7. Inspector General of Police, etc. – (1) The administration of the police throughout the general police district shall be vested in [an officer to be styled the Inspector General of Police and in such Deputy Inspector General and Assistant Inspectors General as the Government may specify in this behalf.]
The administration of the police throughout the local jurisdiction of the District Magistrate shall, under the general control and direction of such Magistrate, be vested in a Superintendent and such Assistant and Deputy Superintendents as [the Government] shall consider necessary.
The Inspector General and the Superintendent of Police shall from time to time be appointed by [the Government] and may be removed by the same authority.
The Assistant Superintendents and Deputy Superintendents shall from time to time be appointed by [the Government] and may be removed by the same authority.
[(2) The Government may from time to time appoint one or more officers to be designated as Deputy Inspectors General of Police [or Assistant Inspectors General of Police] for the discharge of such functions under this Act as may be assigned to them by the Inspector General of Police.]

[8. Appointment, dismissal, etc., of inferior officers. – Subject to the provisions of section 126 of the Constitution of Jammu and Kashmir and to such rules as the Government may from time to time make under this Act, the Inspector General. Deputy Inspectors General, Assistant Inspectors General and Superintendents of Police may at any time dismiss, suspend or reduce any Police Officers of the subordinate rank whom they may think remiss or negligent in the discharge of his duty or unfit for the same; or may award any one or more of the following punishments to any Police Officer of the subordinate rank who is found to have discharged his duty in a careless or negligent manner or who by any act of his own renders himself unfit for the discharge thereof, namely:-
(a) fine to any amount not exceeding one month pay;
(b) confinement to quarters for a term not exceeding fifteen days, with or without punishment, drill, extra guard, fatigue or other duty;
(c) deprivation of good conduct pay; and
(d) removal from any office of distinction or special emolument.]

9. Certificate to Police officers. – Every Police Officer appointed to the Police Force other than an officer mentioned in section 7 shall receive on his appointment a certificate in the form annexed to this Act, under the seal of the Inspector General of Police or such other officer as the Inspector General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions and privileges of a Police Officer.
Such certificate shall case to have effect whenever the person named in it ceases for any reason to be a Police officer, and on his ceasing to be such an officer, shall be forthwith surrendered by him to any officer empowered to receive the same.

A Police officer shall not by reason of being suspended from office cease to be a police officer. During the term of such suspension the powers, functions and privileges vested in him as a Police officer shall be in abeyance but he shall continue subject to the same responsibilities, discipline and penalties and to the same to authorities, as if he had not been suspended.

[10. Police officer not to resign without leave or two months notice. – No Police officer shall be at liberty to withdraw himself from the duties of his office, unless expressly allowed to do so by the Superintendent or by some other officer authorised to grant such permission or without the leave of the Superintendent, to resign his office, unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign.]

11. Police officers not to engage in other employment. – No Police officer shall engage in any employment or office whatever other than his duties under this Act. less expressly permitted to do so in writing by the Inspector General.

12. Power of 1nspector General to make rules. – The Inspector General of Police may, from time to time subject to the approval of [the Government], frame such orders and rules as it shall deem expedient relative to the organization, classification and distribution of the Police force, the places at which the members of the force shall reside, and the particular services to be performed by them; their inspection, the description of arms, accouterments and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information; and all such other orders and rules relative to the Police force as the Inspector General shall, from time to time deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.

13. Additional Police officer employed at cost of individuals. – It shall be lawful for the Inspector General of Police [or any Deputy Inspector General] or for the Superintendents, subject to the general direction of the District Magistrate, on the application of any person showing the necessity thereof, to depute any additional number of Police officers to keep the peace at any place within the general police district, and for such time as shall be deemed proper. Such force shall be exclusively under the orders of the Superintendent, and shall be at the charge of the person making the application:

Provided that, it shall be lawful for the person on whose application such deputation shall have been made, on giving one month’s notice in writing to the inspector General [or any Deputy Inspector General] or to the Superintendent, to require that the Police officers so deputed shall be withdrawn; and such person shall be relieved from the charge of such additional force from the expiration of such notice.

14. Appointment of additional force in the neighbourhood of railway and other works. – Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on, or be in operation in any part of the country, and it shall appear to the Inspector General that the employment of an additional police force in such place is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector General, with the sanction of [the Government] to depute such additional force to such place and employ the same so long as such necessity shall continue, and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary’ and such person shall thereupon cause payment to be made accordingly.

15. Quartering of additional Police in disturbed or dangerous district. – (1) It shall be lawful for [the government], by proclamation to be notified in the Jammu and Kashmir Government Gazette, and in such other manner as [the Government] shall direct, to declare that any area within the State has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area or of any of class or section of them, it is expedient to increase the number of police.
(2) It shall thereupon be lawful for the Inspector General of Police, or other officer authorised by [the Government] in this behalf, to employ any Police force in addition to the ordinary fixed compement to be quartered in the area specified in such proclamation as aforesaid.
(3) Subject to the provisions of sub-section (5) of this section, the cost of such additional police force shall be borne by inhabitants of such area described in the proclamation.
(4) The District Magistrate, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have exempted under the next succeeding sub-section. Such apportionment shall be made according to the Magistrate’s judgement of the respective means within such area of such inhabitants.
(5) It shall be lawful for [the Government] by order to exempt any persons or class or section of such inhabitants from liability to bear any portion of such cost.
(6) Every proclamation issued under sub-section (I) of this section shall state the period for which it is to remain in force, but it may be withdrawn at any time or continued from time to time fora further period or periods as [the Government] may in each case think fit to direct.

Explanation. – For the purposes of this section, ‘inhabitants shall include person who themselves or by their agents or servants occupy or hold land or other immovable property’ within such area, and landlords who themselves or by their agents or servants collect rents, direct from riots or occupiers in such area, notwithstanding that they do not actually reside therein.

16. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land. – (1) If in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensured from the misconduct of the inhabitants of such area or any class or section of them, it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of injury or such shorter period as may be prescribed, an application for compensation to the District Magistrate or to the Sub-Divisional Magistrate within the local limits of whose jurisdiction such area is situated.
(2) It shall thereupon be lawful for the District Magistrate with the sanction of [the Government] after such enquiry as he may deem necessary, and whether any additional police force has or has not been quartered in such area under the last preceding section, to
(a) declare the persons to whom injury has been caused by or has ensued from such misconduct.
(b) fix the amount of compensation to be paid to such person and the manner in which it is to be distributed among them; and
(c) assess the proportion in which the same shall be paid by the inhabitant of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding sub-section:
Provided that the Magistrate shall not make any declaration or assessment under this sub-section, unless he is of opinion that such injury as aforesaid has from a riot or unlawful assembly within such area, and that the persons who suffered the injury was himself free from blame in respect of the occurrences which led to such injury.
(3) It shall be lawful for [the Government], by order, to exempt any person or class or section of such inhabitants from liability to pay any portion of such compensation.
(4) Every declaration or assessment made or order passed by the District Magistrate under sub-section (2) shall be subject to revision by [the Government] but save as aforesaid shall be final.
(5) No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section.

Explanation. – In this section the word “inhabitants” shall have the same meaning as in the last preceding section.

17. Recovery of moneys payable under sections 13, 14, 15 and and disposal of same when recovered. – (1) All moneys payable under sections 13, 14, 15, and 16 shall be recoverable by the District Magistrate in the manner provided by section 386 and 387 of the Code of Criminal Procedure, for the recover)’ of fines, or by suit in any competent Court.
(2) All moneys paid or recovered under sections 13, 14, and 15 shall be credited to a fund to be called “The General Police Fund” and shall be applied to the maintenance of the Police force under such orders as [the Government] shall pass.
(3) All moneys paid or recovered under section 16 shall be paid by the District Magistrate to the persons to whom and in the proportions in which the same are payable under that section.

18. Special Police officers. – When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the Police force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any Police officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such Police officer may require to act as Special Police officer for such time and within such limits as he shall deem necessary; and the Magistrate to whom such application is made shall unless he see cause to the contrary’ comply with the application.

19. Powers of Special Police Officers. – Every Special Police Officer so appointed shall have the same powers privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities as the ordinary officers of Police.

20. Refusal to serve as Special Police Officers. – If any person being appointed a Special Police officer as aforesaid shall, without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable, upon conviction before a [Judicial Magistrate] to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience.

21. Authority to be exercised by Police officers. – Police officers enrolled under this Act shall not exercise any authority, except the authority provided for a Police officer under this Act and any Act or law for the time being in force, for regulating criminal procedure.

22. Village Police Officers. – Nothing in this Act shall affect any hereditary or other Village Police officer, unless such officer shall enrolled as a Police officer under this Act. When so enrolled such officer shall be bound by the provisions of the last preceding section. No hereditary or other Village Police officer shall be enrolled without his consent and the consent of those who have the right of nomination.

23. Police officers always on duty and may be employed in any part of district. – Every Police officer shall, for all purposes in this Act contained, be considered to be always on duty, and may at any time be employed as a Police officer in any part of the general police district.

24. Duties of Police officers. – We shall be the duty of every Police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority, to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all person whom he is legally authorised to apprehend, and for whose apprehension sufficient ground exists;

and it shall be lawful for every Police officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking shop, gaming house or other place of resort of loose and disorderly characters.

25. Police officers may lay information , etc. – It shall be lawful for any Police officer to lay any information before a Magistrate, and to apply for a summons, warrant, search-warrant or such other legal process as may be law issue against any person committing an offence.

26. Police officers to take charge of unclaimed property, and be subject to Magistrate’s orders as to disposal. – (1) It shall be the duty of every Police officer to take charge of all unclaimed or owner less property, and to prepare and furnish an inventory thereof to the District Magistrate or the Sub-Divisional Magistrate or [other Executive Magistrate] of the 1st class having jurisdiction, empowered by [the Government] in this behalf.
(2) Such inventory shall, if possible, be prepared when the Police officer takes charge of such property in the presence of two respectable persons of the locality.

27. Magistrate may detain property and issue proclamation. – (1) Such Magistrate may detain the property and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto appear and establish his right to the same within six months from the date of such proclamation.
(2) The provisions of section 525 of the Code of Criminal Procedure, 1989, shall be applicable to property referred to in this section
(3) If within the period limited in such proclamation any claim is preferred to such property or proceeds thereof such Magistrate may make such order as he thinks fit respecting the disposal of such property or proceeds or the delivery of such property or proceeds to the person, entitled to the possession thereof.

28. Confiscation of property if no claimant appears. – If no person shall, within the period allowed, claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section (2) of the preceding section, be sold under the orders of such Magistrate.
(2) The sale proceeds of property sold under the preceding subsection and the proceeds of property sold under section 27 to which no claim has been established shall be kept in deposit in the State Treasury for a period of two years. If within the above-mentioned period of two years, a suit is brought claiming such property or the sale proceeds thereof, the order of the civil Court competent to entertain and determine such suit regarding the disposal of such property or proceeds thereof shall be complied with. If no such suit is brought the deposit shall lapse to and remain at the disposal of the Government.

29. Persons refusing to deliver up certificate etc. on ceasing to be Police officer. – Every person having ceased to be an enrolled Police officer under this Act, who shall not forthwith deliver up his certificate, and the clothing, accouterments, appointments and other necessaries which shall have been supplied to him for the execution of his duty, shall be liable, on conviction before [Judical Magistrate,] to a penalty not exceeding two hundred rupees, or imprisonment for a period not exceeding six months or both.

30. Penalties for neglect of duty, etc. – Every Police who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall without from the duties of his office without permission, or without having given previous notice for the period of two months, or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave, or who shall engage without authority in any employment other than his police duty, or shall be quality or cowardice, or shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a [Judicial Magistrate], to a penalty not exceeding three months pay, or to imprisonment for a period not exceeding three months, or to both.]

31. Regulation of public assemblies and processions, and licensing of same. – (1) The Superintendent or Assistant Superintendent of Police may, as occasion requires, direct the conduct of all assemblies and procession on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.
(2) He may also, on being satisfied that it is intended by any person or class of person to convene or collect an assembly in any such road,street or thoroughfare, or to form a procession which would, in the judgment of the District Magistrate or of the Sub-Divisional Magistrate, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply fora licence.
(3) On such application being made, he may issue a licence specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section; Provided that, no fee shall be charged on the application for, or grant of, any such licence.
(4) Music in the streets – He may also regulate the extent to which music may be used in the streets on the occasion of festivals ceremonies.

32. Power with regard to assemblies, processions violating conditions of licence. – (1) [Any Executive Magistrate] or Superintendent of Police or Assistant Superintendents of Police or Deputy Superintendent of Police or any Police officer in charge of a station may stop any procession which violates the Conditions of a licence granted under the last foregoing section, and may order it or any assembly which violates any such conditions as foresaid to disperse.
(2) Any procession or assembly which neglects or refuses to obey any order given under the last preceding sub-section shall be deemed to be an unlawful assembly.

33. Police to keep order in public roads. etc. – It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, ghats and landing places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and procession on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing place may be thronged or may be liable to be obstructed.

34. Penalty for disobeying orders issued under last three section, etc. – Every person opposing or not obeying the orders issue under the last three preceding sections, or violating the conditions of any licence granted by the Superintendent or Assistant Superintendent of Police for the use of music, or for the conduct of assemblies and processions, shall be liable, on conviction before a [Judicial Magistrate] to affine not exceeding two hundred Rupees.

35. Saving of control of District Magistrate. – No thing in sections 31, 32 and 33 shall be denied to interfere with the general control of the District Magistrate over the matters referred to therein.

36. Punishment for certain offences on roads, etc., Powers of Police officers. – Any person who, on any road or in any open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by [the Government], commits any of the following offences, to the obstruction, inconvenience, risk, danger or damage of the residents or passengers shall, on conviction before a [Judicial Magistrate], be liable to affine not exceeding [two hundred Rupees], or to imprisonment not exceeding 8 days; and it shall be lawful for any Police officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely:-

First. – Slaughtering cattle, furious riding etc. – Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle or vehicle recklessly or furiously, or breaks any horse or other cattle:
Second. – Cruelly to animals. – Any person who-want-only or cruelly beats, abuses or tortures any animals:
Third. – Obstructing passengers. – Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unlading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public:
Fourth. – Exposing goods for sale. – Any person who exposes any goods for sale:
Fifth. – Throwing dirt into streets. – Any person who throws or lays down any dirt, filth, rubbish or any stones or building materials; or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dung-heep or the like:
Sixth. – Being found drunk or riotous. – Any person who is found drunk or riotous or who is incapable of taking care of himself:
Seventh. – Indecent exposure of person. – Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose:
Eighth. – Neglect to protect dangerous places. – Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.

37. [Omitted.]

38. Power to prosecute under law not affected. – Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Act or law for any offence made punishable by this Act, or from being liable under any other Act or law or any other or higher penalty or punishment than is provided for such offence by this Act:
Provided that no person shall be punished twice for the same offence.

39. Reward to police and informers. – Rewards payable by law to informers shall, when the information is laid by a Police office, be paid the credit of the State under the Head “Police”, but rewards payable by law for arrests shall when the arrest in made by a police officer, be paid to such officer.

40. Plea that act was clone under warrant. – When any action of prosecution shall be brought or any proceedings held against any Police Officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of warrant issued by a Magistrate.
Such plea shall be proved by the production of a warrant directing the Act, and purporting to be signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate, No proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine:

Provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section.

41. Police officers to keep diary. – It shall be the duty of every officer in charge of a police station to keep a general diary in such forms as shall, from time to time, be prescribed by the Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined.
The District Magistrate shall be at liberty to call for inspect such diary.

42. The Government may prescribe form of returns. – [The Government] may direct the submission of such returns by the Inspector General and other Police officers as may be deemed advisable and may prescribe the Form in which such returns shall be made.

43. Scope of the Act. – This Act shall not by its own operation take effect in any province or place. But [the Government] by an order to be published in the Jammu and Kashmir Government Gazette may extend the whole or any part of this Act to any Province or place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such province or place.
(2) When the whole or any part of this Act shall have been so extended [the Government] may, from time to time, by notification in the Jammu and Kashmir Government Gazette, make rules consistent with this Act;
(a) to regulate the procedure to be followed by Magistrates and police officers in the discharge of any imposed upon them by or under this Act;
(b) to prescribe the time, manner and conditions within and under Which claims compensation under section 16 arc to be made, particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local enquiries if necessary) which are to be taken consequent thereon; and
(c) generally, for giving effect to the provisions of this Act.
(3) All rules made under this Act may from time to time be amended, added to or cancelled by [the Government.]

44. Authority of Superintendent of Police over village Police. – It shall be lawful for the [the Government] in carrying this Act into effect in any part of the State to declare that any authority which now is or may be exercised by the District magistrate over any village watchment or other Village Police officer for the purposes of police, shall be exercised, subject to the general control of the District magistrate, by the Superintendent of police.
Form
[see section (9)]
A.B. has been appointed a member of the police force under Act II of 1993 and is vested with the powers functions and privileges of a Police officer.

SIKKIM POLICE MANUAL VOL.-I and II

Keywords: Police Manual

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SIKKIM POLICE MANUAL VOL.-I

         Index

  1. Constitution, Organization, Superintendence & Administration
  2. Police Headquarters
  3. Headquarters & General Administration Branch
  4. General Administrative Instructions
  5. State Reserve Lines
  6. Motor Transport Sections
  7. Conduct and Discipline
  8. Rewards
  9. Departmental action, punishment & appeal
  10. Prosecution by or against Police Officers – Legal Assistance
  11. Police Welfare, Grievance Redressal and Sports
  12. Guards and Escorts
  13. Arms & Explosives
  14. Armed Police & Commando Units
  15. Home Guards Organisation
  16. Planning & Modernisation Branch
  17. Training branch
  18. Communication & Computer Branch
  19. Control Room and Co-ordination
  20. Intelligence Department, State Special Branch
  21. Checkposts branch
  22. Law & Order Branch
  23. Police Range
  24. Police District, Sub-Division, Police Station & Police Outposts
  25. District Crime Records Bureau
  26. Crime Investigation Department
  27. Finger Prints, Foot Prints & Photographs Cell
  28. Forensic Science Laboratory

 

SIKKIM POLICE MANUAL VOL.-II

                        Index

  1. Functions, Role & Duties of Police in General
  2. Powers and Duties of Senior Officers
  3. Powers and Duties of Junior Officers
  4. Police stations/functions and management
  5. Police station records and registers
  6. Registration of Crime and First Information Report
  7. Powers and duties of Investigation Power to investigate cognizable and non cognizable offences
  8. Collection of Evidence
  9. Arrest, Custody, Bail, Remand & Search
  10. Scientific Aids to Investigation
  11. Final Disposal and Completion of Investigation
  12. Prosecution of cases
  13. Preventive Role of Police
  14. Maintained of Law & Order
  15. Handling communal Situation
  16. Terrorism, Bombs & Explosives
  17. Disaster Management Duties
  18. Unnatural Deaths
  19. Correspondence
  20. Traffic Duties
  21. Police Public Relations & Community
  22. Human Rights and Police Responsibilities
  23. Protection of Weaker Sections
  24. Foreigners
  25. Economic offences and White collar crime
  26. Organized Crimes and Police
  27. Cyber Crime & Police
  28. Crime against women
  29. Drug Trafficking
  30. Investigation of other Specific Offences

Counter Terrorism Measures In India

COUNTERTERRORISM MEASURES IN INDIA (DOMESTIC) 

An Act to constitute an investigation agency at the National level to investigate and prosecute offences affecting the Sovereignty, Security and Integrity of India, security of State, friendly relations with foreign States and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations and for matters connected therewith or incidental thereto.

National Investigation Agency, Government of India

The Agency was created by NIA Act 2008

NIA

The National Investigation Agency Act, 2008

Key Ideas

The superintendence of the Agency shall vest in the Central Government.

Investigation of Scheduled Offences.—(1) On receipt of information and recording thereof under section 154 of the Code( CR.P.C) relating to any Scheduled Offence the officer-in-charge of the police station shall forward the report to the State Government forthwith.
(2) On receipt of the report under sub-section (1), the State Government shall forward the report to the Central Government as expeditiously as possible.
(3) On receipt of report from the State Government, the Central Government shall determine on the basis of information made available by the State Government or received from other sources, within fifteen days from the date of receipt of the report, whether the offence is a Scheduled Offence or not and also whether, having regard to the gravity of the offence and other relevant factors, it is a fit case to be investigated by the Agency.
(4) Where the Central Government is of the opinion that the offence is a Scheduled Offence and it is a fit case to be investigated by the Agency, it shall direct the Agency to investigate the said offence.
(5) Notwithstanding anything contained in this section, if the Central Government is of the opinion that a Scheduled Offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the Agency to investigate the said offence.
(6) Where any direction has been given under sub-section (4) or sub-section (5), the State
Government and any police officer of the State Government investigating the offence shall not proceed
with the investigation and shall forthwith transmit the relevant documents and records to the Agency.
(7) For the removal of doubts, it is hereby declared that till the Agency takes up the investigation of the case, it shall be the duty of the officer-in-charge of the police station to continue the investigation.

Power of Central Government to constitute Special Courts.—(1) The Central Government shall, by notification in the Official Gazette, for the trial of Scheduled Offences, constitute one or more Special Courts for such area or areas, or for such case or class or group of cases, as may be specified in the notification.

  • A Special Court may, on its own motion, or on an application made by the Public Prosecutor and if it considers it expedient or desirable so to do, sit for any of its proceedings at any place other than its ordinary place of sitting.
  • Procedure and powers of Special Courts. A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts that constitute such offence or upon a police report of such facts.
  • Appeals—(1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.
    (2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.

Offences branded as Schedule Offence if committed under the Following Acts

1. The Atomic Energy Act, 1962 (33 of 1962);
2. The Unlawful Activities (Prevention) Act, 1967 (37 of 1967);
3. The Anti-Hijacking Act, 1982 (65 of 1982);
4. The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982);
5. The SAARC Convention (Suppression of Terrorism) Act, 1993 (36 of 1993);
6. The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on
Continental Shelf Act, 2002 (69 of 2002);
7. The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005);
8. Offences under—
(a) Chapter VI of the Indian Penal Code (45 of 1860) [sections 121 to 130 (both inclusive)];
(b) Sections 489-A to 489-E (both inclusive) of the Indian Penal Code (45 of 1860)


SPECIAL JUDGES NOTIFIED UNDER THE NIA ACT (STATE WISE)

NIA JUDGEMENTS (PROSECUTED BY NIA)


Banned Terrorist Organisations (INDIA)

TREATIES AND EXTRADITION CONTRACTS ( BI-LATERAL)


 

Police Corruption

Note

Police Commission of 1902-03 [ extract from the Report]

The Police Commission of 1902-03 found strong evidence of widespread corruption in the police particularly among Station House Officers throughout the country. The following extract from their report gives a revealing picture of the position as seen by them:—

“The forms of this corruption are very numerous. It manifests itself in every stage of the. work of the police station. The police officer may levy a fee or receive a present for every duty he performs. The complainant has often to pay a fee for having his complaint recorded.
He has to give the investigating officer a present to secure his prompt and earnest attention to the case. More money is extorted as the investigation proceeds. When the officer goes down to the spot to make his investigation, he is a burden not only to the complainant, but to his witnesses, and often to the whole village. People are harassed sometimes by being compelled to hang about the police officer for days, , sometimes by having to accompany him from place to place, sometimes by attendance at the police station, sometimes by having him and his satellites quartered on them for days, sometimes by threats of evil consequences to themselves or their friends (especially to the women of the family) if they do not fall in with his view of the case, sometimes by invasion of their houses by low-caste people on the plea of searching for property, sometimes by unnecessarily severe and degrading measures of restraint. From all this deliverance is often to be bought only by payment of fees or presents in cash.” (Para 25)

What the Police Commission said in 1903 would more or less apply fully even to the present situation. If any thing, the position has worsened with more rampant corruption in Police today with the active connivance of numerous local Dadas and unprincipled men in public life (THIRD REPORT NATIONAL POLICE COMMISSION)


 

The Police Act, 1861

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The Police Act, 1861 (5 of 1861)
An Act for the Regulation of Police .

Preamble – Whereas it is expedient to reorganise the police and to make it a more efficient instrument for the prevention and detection of crime; It is enacted as follows:-
1. Interpretation clause –   The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say the words Magistrate of the district shall mean the chief officer charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the chief officer charged with such executive administration is styled;
the word Magistrate shall include all persons within the general police district, exercising all or any of the powers of a Magistrate;
the word police shall include all persons who shall be enrolled under this Act;
the words general police district shall embrace [any] Presidency, State, or place or any part of any Presidency, State or place, in which this Act shall be ordered to take effect;
[the words District Superintendent and District Superintendent of Police shall include any Assistant District Superintendent, or other person appointed by general or special order of the State Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district;]
the word property shall include any movable property, money or valuable security;
the word person shall include a company or corporation;
the word month shall mean a calendar month;
[the word cattle shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.]
[References to the subordinate ranks of a police force shall be construed as references to members of that force below the rank of Deputy Superintendent.]
2. Constitution of the force – The entire police-establishment under a State Government shall, for the purposes of this Act, be deemed to be one police [force], and shall be formally enrolled and shall consist of such number of officers and men, and shall be constituted in such manner, [- – -] as shall, from time to time, be ordered by the State Government [- – -].
[Subject to the provisions of this Act, the pay and all other conditions of service of members of the subordinate ranks of any police force shall be such as may be determined by the State Government.]
3. Superintendence in the State Government – The superintendence of the police throughout a general police-district shall vest in and [- – -] shall be exercised by the State Government to which such district is subordinate; and except as authorised under the provisions of this Act, no person, officer, or Court shall be empowered by the State Government to [—] supersede, or control any police functionary.
4. Inspector-General of Police, etc – The administration of the police throughout a general police district shall be vested in an officer to be styled the Inspector-General of Police, and in such Deputy Inspectors-General and Assistant Inspectors-General as to the State Government shall deem fit.
The administration of the police throughout the local jurisdiction of the Magistrate of the district shall, under the general control and direction of such Magistrate, be vested in a District Superintendent and such Assistant District Superintendents as the State Government shall consider necessary.
5. Powers of Inspector-General Exercise of powers -The Inspector-General of Police shall have the full powers of a Magistrate throughout the general police district; but shall exercise those powers subject to such limitation as may, from time to time, be imposed by the State Government.
6. Magisterial powers of police officers .[Repealed by the Code of Criminal Procedure, 1882 (10 of 1882), section 2 and Schedule I.
7. Appointment, dismissal, etc., of inferior officers – Subject to the provisions of article 311 of the Constitution, and to such rules] as the State Government may, from time to time, make under this Act, the Inspector-General, Deputy Inspectors-General, Assistant Inspectors-General and District Superintendents of Police may at any time dismiss, suspend or reduce any police officer of the subordinate ranks] whom they shall think remiss or negligent in the discharge of his duty, or unfit for the same;
[or may award any one or more of the following punishments to any police officer [of the subordinate ranks] who shall discharge his duty in a careless or negligent manner, or who, by any act of his own, shall render himself unfit for the discharge thereof, namely:- (a) fine to any amount not exceeding one months pay;
(b) confinement to quarters for a term not exceeding fifteen days, with or without punishment-drill, extra guard, fatigue or other duty;
(c) deprivation of good-conduct pay;
(d) removal from any office of distinction or special emolument.]
8. Certificates to police officers – Every police officer appointed to the police force other than an officer mentioned in section 4 shall receive on his appointment a certificate in the form annexed to this Act under the seal of the Inspector-General or such other officer as the Inspector-General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions, and privileges of a police officer.
Surrender of certificate .Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a police officer, and, on his ceasing to be such an officer, shall be forthwith surrendered by him to any officer empowered to receive the same.
A police officer shall not, by reason of being suspended from office, cease to be a police officer. During the term of such suspension the powers, functions and privileges vested in him as a police officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same authorities, as if he had not been suspended.
9. Police officers not to resign without leave or two months notice .No police officer shall be at liberty to withdraw himself from the duties of his office unless expressly allowed to do so by the District Superintendent or by some other officer authorised to grant such permission or, without the leave of the District Superintendent, to resign his office unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign.
10. Police officers not to engage in other employment .No police officer shall engage in an employment or office whatever other than his duties under this Act, unless expressly permitted to do so in writing by the Inspector-General.
11. Police superannuation fund.[Repealed by the Repealing Act, 1874 (16 of 1874), section 1 and Schedule.]
12. Power of Inspector-General to make rules – The Inspector-General of Police may, from time to time, subject to the approval of the State Government, frame such orders and rules as he shall deem expedient relative to the organisation, classification and distribution of the police force, the places at which the members of the force shall reside, and the particular services to be performed by them; their inspection, the description of arms, accoutrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information; and all such other orders and rules relative to the police force as the Inspector-General shall, from time to time, deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.
13. Additional police officers employed at cost of individuals – It shall be lawful for the Inspector-General of Police, or any Deputy Inspector-General, or Assistant Inspector-General, or for the District Superintendent, subject to the general direction of the Magistrate of the district, on the application of any person showing the necessity thereof, to depute any additional number of police officers to keep the peace at any place within the general police district, and for such time as shall be deemed proper. Such force shall be exclusively under the orders of the District Superintendent, and shall be at the charge of the person making the application:
Provided that it shall be lawful for the person on whose application such deputation shall have been made, on giving one months notice in writing to the Inspector-General, Deputy Inspector-General, or Assistant Inspector-General, or to the District Superintendent, to require that the police officers so deputed shall be withdrawn; and such person shall be relieved from the charge of such additional force from the expiration of such notice.
14. Appointment of additional force in the neighbourhood of railway and other works – Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on, or be in operation in any part of the country, and it shall appear to the Inspector-General that the employment of an additional police force in such place is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector-General, with the consent of the State Government, to depute such additional force to such place, and to employ the same so long as such necessity shall continue, and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly.
15. Quartering of additional police in disturbed or dangerous districts – (1) It shall be lawful for the State Government, by proclamation to be notified in the Official Gazette, and in such other manner as the State Government shall direct, to declare that any area subject to its authority has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area or of any class or section of them, it is expedient to increase the number of police.
(2) It shall thereupon be lawful for the Inspector-General of Police, or other officer authorised by the State Government in this behalf, with the sanction of the State Government, to employ any police force in addition to the ordinary fixed complement to be quartered in the area specified in such proclamation as aforesaid.
(3) Subject to the provisions of sub-section (5) of this section, the cost of such additional police force shall be borne by the inhabitants of such area described in the proclamation.
(4) The Magistrate of the district, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have been exempted under the next succeeding sub-section. Such apportionment shall be made according to the Magistrates judgment of the respective means within such area of such inhabitants.
(5) It shall be lawful for the State Government by order to exempt any persons or class or section of such inhabitants from liability to bear any portion of such cost.
(6) Every proclamation issued under sub-section (1) of this section shall state the period for which it is to remain in force, but it may be withdrawn at any time or continued from time to time for a further period or periods as the State Government may in each case think fit to direct.
Explanation. For the purposes of this section, inhabitants shall include persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area, and landlords who themselves or by their agents or servants collect rents direct from raiyats or occupiers in such area, notwithstanding that they do not actually reside therein.
15-A. Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land – (1) If, in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or section of them, it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of the injury or such shorter period as may be prescribed, an application for compensation to the Magistrate of the district or of the sub-division of a district within which such area is situated.
(2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the State Government after such enquiry as he may deem necessary, and whether any additional police force has or has not been quartered in such area under the last preceding section, to
(a) declare the persons to whom injury has been caused by or has ensued from such misconduct;
(b) fix the amount of compensation to be paid to such persons and the manner in which it is to be distributed among them; and
(c) assess the proportion in which the same shall be paid by the inhabitants of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding sub-section:
Provided that the Magistrate shall not make any declaration or assessment under this sub-section, unless he is of opinion that such injury as aforesaid had arisen from a riot or unlawful assembly within such area, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to such injury.
(3) It shall be lawful for the State Government, by order, to exempt any person or class or section of such inhabitants from liability to pay any portion of such compensation.
(4) Every declaration or assessment made or order passed by the Magistrate of the district under sub-section (2) shall be subject to revision by the Commissioner of the Division or the State Government, but save as aforesaid, shall be final.
(5) No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section.
(6) Explanation. In this section the word inhabitants shall have the same meaning as in the last preceding section.
16. Recovery of moneys payable under sections 13, 14, 15 and 15-A, and disposal of same when recovered – (1) All moneys payable under sections 13, 14, 15 and 15-A shall be recoverable by the Magistrate of the district in the manner provided by sections 386 and 387 of the Code of Criminal Procedure, 1882 (10 of 1882) for the recovery of fines, or by suit in any competent Court.
(3) All moneys paid or recovered under section 15-A shall be paid by the Magistrate of the district to the persons to whom and in the proportions in which the same are payable under that section.
17. Special police officers-When it shall appear that any unlawful assembly or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the police force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any police officer, not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such police officers may require to act as special police officers for such time and within such limits as he shall deem necessary; and the Magistrate to whom such application is made shall, unless he see cause to the contrary, comply with the application.
18. Powers of special police officers .Every special police officer so appointed shall have the same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of police.
19. Refusal to serve as special police officers .If any person being appointed a special police officer as aforesaid, shall without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable, upon conviction before a Magistrate, to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience.
20. Authority to be exercised by police officers .Police officers enrolled under this Act shall not exercise any authority, except the authority provided for a police officer under this Act and any Act which shall hereafter be passed for regulating criminal procedure.
21. Village police officers .Nothing in this Act shall affect any hereditary or other village police officer, unless such officer shall be enrolled as a police officer under this Act. When so enrolled, such officer shall be bound by the provisions of the last preceding section. No hereditary or other village police officer shall be enrolled without his consent and the consent of those who have the right of nomination.
Police chaukidars in the Presidency of Fort William .If any police officer appointed under Act XX of 1856 (to make better provision for the appointment and maintenance of Police chaukidars in Cities, Towns, Stations, Suburbs, and Bazars in the Presidency of Fort William in Bengal) is employed out of the district for which he shall have been appointed under that Act, he shall not be paid out of the rates levied under the said Act for that district.
22. Police officers always on duty and may be employed in any part of district .Every police officer shall, for all purposes in this Act contained, be considered to be always on duty, and may, at any time, be employed as a police officer in any part of the general police district.
23. Duties of police officers .It shall be the duty of every police officer promptly, to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorised to apprehend, and for whose apprehension sufficient ground exists; and it shall be lawful for every police officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking-shop, gaming-house or other place of resort of loose and disorderly characters.
24. Police officers may lay information, etc .It shall be lawful for any police officer to lay any information before a Magistrate, and to apply for a summons, warrant, search-warrant or such other legal process as may by law issue against any person committing an offence [- – -].
25. Police officers to take charge of unclaimed property, and be subject to Magistrates orders as to disposal .It shall be the duty of every police officer to take charge of all unclaimed property, and to furnish an inventory thereof, to the Magistrate of the district.
The police officers shall be guided as to the disposal of such property by such orders as they shall receive from the Magistrate of the district.

26. Magistrate may detain property and issue proclamation .(1) The Magistrate of the district may detain the property and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto, to appear and establish his right to the same within six months from the date of such proclamation.
(2) The provisions of section 525 of the Code of Criminal Procedure, 1882 (10 of 1882)* shall be applicable to property referred to in this section.

27. Confiscation of property if no claimant appears .(1) If no person shall within the period allowed claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section (2) of the last preceding section, be sold under the orders of the Magistrate of the district.
(2) The sale proceeds of property sold under the preceding sub-section and the proceeds of property sold under section 26 to which no claim has been established shall be at the disposal of the State Government.
28. Persons refusing to deliver up certificate, etc., on ceasing to be police officers .Every person, having ceased to be an enrolled police officer under this Act, who shall not forthwith deliver up his certificate, and the clothing, accoutrements, appointments and other necessaries which shall have been supplied to him for the execution of his duty, shall be liable, on conviction before a Magistrate, to a penalty not exceeding two hundred rupees, or to imprisonment, with or without hard labour, for a period not exceeding six months, or to both.
29. Penalties for neglect of duty, etc .Every police officer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation of lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice for the period of two months, or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave, or who shall engage without authority in any employment other than this police duty, or who shall be guilty of cowardice, or who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months pay, or to imprisonment with or without hard labour, for a period not exceeding three months, or to both.
30. Regulation of public assemblies and processions and licensing of the same .(1) The District Superintendent or Assistant District Superintendent of Police may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.
(2) He may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgment of the Magistrate of the district, or of the sub-division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a licence.
(3) On such application being made, he may issue a license specifying the names of the licensees and defining the conditions on which alone such assembly or such possession is to be permitted to take place and otherwise giving effect to this section:
Provided that no fee shall be charged on the application for, or grant of, any such licence. (4) Music in the streets.He may also regulate the extent to which music may be used in streets on the occasion of festivals and ceremonies.
30-A. Powers with regard to assemblies and processions violating conditions of license .(1) Any Magistrate or District Superintendent of Police or Assistant District Superintendent of Police or Inspector of Police or any police officer in charge of a station may stop any procession which violates the conditions of a licence granted under the last foregoing section, and may order it or any assembly which violates any such conditions as aforesaid to disperse.
(2) Any procession or assembly which neglects or refuses to obey any order given under the last preceding sub-section shall be deemed to be an unlawful assembly.
31. Police to keep order on public roads, etc .It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, ghats and landing-places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing place may be thronged or may be liable to be obstructed.
32. Penalty for disobeying orders issued under last three sections, etc .Every person opposing or not obeying the orders issued under the last three preceding sections, or violating the conditions of any licence granted by the District Superintendent or Assistant District Superintendent of Police for the use of music, or for the conduct of assemblies and processions, shall be liable, on conviction before a Magistrate, to a fine not exceeding two hundred rupees.
33. Saving of control of Magistrate of district .Nothing in the last four preceding sections shall be deemed to interfere with the general control of the Magistrate of the district over the matters referred to therein.
34. Punishment for certain offences on roads, etc –  Any person who, on any road or in any open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the State Government, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment with or without hard labour not exceeding eight days; and it shall be lawful for any police officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely:
First Slaughtering cattle, furious riding, etc- Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle;
Second Cruelty to animals – Any person who wantonly or cruelly beats, abuses or tortures any animal;
Third Obstructing passengers – Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public;
Fourth Exposing goods for sale – Any person who exposes any goods for sale;
Fifth Throwing dirt into street -Any person who throws or lays down any dirt, filth rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dungheap or the like;
Sixth Being found drunk or riotous – Any person who is found drunk or riotous or who is incapable of taking care of himself;
Seventh Indecent exposure of person – Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose;
Eighth Neglect to protect dangerous places – Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.
35. Jurisdiction .[- – -] Any charge against a police officer above the rank of a constable under this Act shall be enquired into and determined only by an officer exercising the powers of a Magistrate.
36. Power to prosecute under other law not affected – Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Regulation or Act for any offence made punishable by this Act, or from being liable under any other Regulation or Act or any other or higher penalty or punishment than is provided for such offence by this Act:
Proviso – Provided that no person shall be punished twice for the same offence.
37. Recovery of penalties and fines imposed by Magistrates – The provisions of sections 64 to 70, both inclusive, of the Indian Penal Code (45 of 1860), and of sections 386 to 389, both inclusive, of the Code of Criminal Procedure, 1882 (10 of 1882), with respect to fines, shall apply to penalties and fines imposed under this Act on conviction before Magistrate:
Provided that, notwithstanding anything contained in section 65 of the first-mentioned Code, any person sentenced to fine under section 34 of this Act, may be imprisoned in default of payment of such fine for any period not exceeding eight days.
38-41[REP]
42. Limitation of actions – All actions and prosecutions against any person, which may be lawfully brought for anything done or intended to be done under the provisions of this Act, or under the general police powers hereby given shall be commenced within three months after the act complained of shall have been committed, and not otherwise; and notice in writing or such action and of the cause thereof shall be given to the defendant, or to the District Superintendent or an Assistant District Superintendent of the district in which the act was committed, one month at least, before the commencement of the action.
Tender of amends – No plaintiff shall recover in any such action, if tender of sufficient amend shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant, and though a decree shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial is held shall certify his approbation of the action:
Proviso . Provided always that no action shall, in any case, lie where such officers shall have been prosecuted criminally for the same act.
43. Plea that act was done under warrant – When any action or prosecution shall be brought or any proceedings held against any police officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate.
Such plea shall be proved by the production of the warrant directing the act, and purporting to be signed by such Magistrate and the defendant shall, thereupon, be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine:
Proviso – Provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section.
44. Police officers to keep diary – It shall be the duty of every officer in charge of a police station to keep a general diary in such form shall, from time to time, be prescribed by the State Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined.
The Magistrate of the district shall be at liberty to call for and inspect such diary.
45. State Government may prescribe form of returns .The State Government may direct the submission of such returns by the Inspector-General and other police officers as to such State Government shall seem proper, and may prescribe the form in which such returns shall be made.
46. Scope of Act – (1) This Act shall not, by its own operation, take effect in any Presidency, State or place. But the State Government by an order to be published in the Official Gazette, may extend the whole or any part of this Act to any Presidency, State or place, and the whole or such portion of this Act, as shall be specified in such order, shall thereupon, take effect in such Presidency, State or place.
(2) When the whole or any part of this Act shall have been so extended, the State Government may, from time to time, by notification in the Official Gazette, make rules consistent with this Act
(a) to regulate the procedure to be followed by Magistrates and police officers in the discharge of any duty imposed upon them by or under this Act;
(b) to prescribe the time, manner and conditions within and under which claims for compensation under section 15-A are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local enquiries, if necessary) which are to be taken consequent thereon; and
(c) generally, for giving effect to the provisions of this Act.
(3) All rules made under this Act may, from time to time, be amended, added to or cancelled by the State Government.
47. Authority of District Superintendent of Police over village police -It shall be lawful for the State Government in carrying this Act into effect in any part of the territories subject to such State Government, to declare that any authority which now is or may be exercised by the Magistrate of the district over any village watchman or other village police officer for the purposes of police, shall be exercised, subject to the general control of the Magistrate of the district, by the District Superintendent of Police.
FORM
(See section 8)
A, B has been appointed a member of the police force under Act 5 of 1861, and is vested with the powers, functions and privileges of a police officer.

 

The Police Act, 1888
(3 of 1888)

An Act to amend the law relating to the regulation of Police.

Whereas it is expedient to relax those provisions of Acts for the regulation of police which restrict the employment of police officers to the presidency, province or place of the police establishment of which they are members;
It is hereby enacted as follows:-

1. Title and extent .(1) This Act may be called The Police Act , 1888.
[(2) It extends to the whole of India.

2. Constitution of police forces for special purposes .

(1) Notwithstanding anything contained in the Madras District Police Act, 1859 (24 of 1859), the Indian Police Act, 1861 (5 of 1861), the Bombay District Police Act, 1890 (Bom. Act 4 of 1890), or any Act relating to the Police in any Presidency-town, the Central Government may, by notification in the Official Gazette, create a special police district embracing parts of two or more [States], and extend to every part of the said district the powers and jurisdiction of members of a police force belonging to [a State] specified in the notification.
(2) Subject to any orders which the Central Government may make in this behalf, members of the said police force shall have, within every part of any [State] of which any part is included in the said district, the powers, duties, privileges and liabilities which, as police officers, they have in their own [State].
(3) Any member of the said police force whom the Central Government shall generally or specially empower to act under this sub-section may, subject to any orders which the Central Government may make in this behalf, exercise within any [State] any part of which is included in the said district any of the powers of the officer-in-charge of a police station in that [State], and when so exercising any such powers, shall, subject to any such order as aforesaid, be deemed to be an officer-in-charge of a police station discharging the functions of such an officer within the limits of his station.
(4) A part of a [State] included in the said district shall not by reason of that inclusion cease, for the purposes of any enactment relating to police, to be part of that [State].]

3. Employment of police officers beyond the State to which they belong .

Notwithstanding anything in any of the Acts mentioned or referred to in the last foregoing section, but subject to any orders which the [Central Government] may make in this behalf, a member of the [police force] of any [State] may discharge the functions of a police officer in any part of [any other State] and shall, while so discharging such functions, be deemed to be a member of the police force of that part and be vested with the powers, functions and privileges and be subject to the liabilities, of a police officer belonging to [that police force].

4. Consent of State Government to exercise of powers and jurisdiction.

Nothing in this Act shall be deemed to enable the police of one State to exercise powers and jurisdiction in any area within another State, not being a railway area, without the consent of the Government of that other State.


The Police Act, 1949 (64 of 1949)

An Act to provide for the constitution of a general police district embracing two or more Union territories and for the establishment of a police force therefor.
Whereas it is expedient to provide for the constitution of a general police district embracing two or more [Union territories] and for the establishment of a police force therefor;
It is hereby enacted as follows:-

1. Short title, extent and commencement .(1) This Act may be called The Police Act , 1949.
(2) It extends to all the [Union territories].
(3) It shall come into force in a [Union territory] on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf for such territory.

2. Definition –

In this Act general police district means the general police district constituted under section 3.

3. Constitution of general police district embracing two or more Union territories].Notwithstanding anything contained in the Police Act, 1861 (5 of 1861), the Central Government may, by notification in the Official Gazette, constitute a general police district embracing two or more [Union territories].

4. Constitution of one police force for general police district

The entire police establishment in a general police district shall be one police force and shall consist of such number of officers and men and shall be constituted in such manner as the Central Government may, by order, direct.

5. Superintendence and administration of police –

(1) The superintendence of the police throughout a general police district shall vest in, and be exercised by, the Central Government.
(2) The administration of the said police force shall vest in an officer, appointed in this behalf by the Central Government, who shall exercise in respect of that police force such of the powers exercisable by an Inspector-General of Police under the Police Act, 1861 (5 of 1861), as the Central Government may, by notification in the Official Gazette, specify in this behalf.

6. Application of the Police Act, 1861 .

Save as otherwise expressly provided in this Act, the provisions of the Police Act, 1861 (5 of 1861), shall apply to the police force constituted for the general police district as if it were one police force constituted for a State, and members of the said police force shall have, in every part of [any territory] which is included in the general police district, the same powers, duties and privileges, and shall be subject to the same liabilities, as they would have had, or would have been subject to, as police officers if they had formed a police establishment under one State Government.

7. Saving .

Nothing in this Act shall be deemed to affect the provisions contained in the Delhi Special Police Establishment Act, 1946 (25 of 1946).

COUNTER-TERRORISM MEASURES (DOMESTIC)

 National Investigation Agency, Government of India

The Agency was created by NIA Act 2008

An Act to constitute an investigation agency at the National level to investigate and prosecute offences affecting the Sovereignty, Security and Integrity of India, security of State, friendly relations with foreign States and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations and for matters connected therewith or incidental thereto.

The National Investigation Agency Act, 2008

Key Ideas

The superintendence of the Agency shall vest in the Central Government.

Investigation of Scheduled Offences.—(1) On receipt of information and recording thereof under section 154 of the Code( CR.P.C) relating to any Scheduled Offence the officer-in-charge of the police station shall forward the report to the State Government forthwith.
(2) On receipt of the report under sub-section (1), the State Government shall forward the report to the Central Government as expeditiously as possible.
(3) On receipt of report from the State Government, the Central Government shall determine on the basis of information made available by the State Government or received from other sources, within fifteen days from the date of receipt of the report, whether the offence is a Scheduled Offence or not and also whether, having regard to the gravity of the offence and other relevant factors, it is a fit case to be investigated by the Agency.
(4) Where the Central Government is of the opinion that the offence is a Scheduled Offence and it is a fit case to be investigated by the Agency, it shall direct the Agency to investigate the said offence.
(5) Notwithstanding anything contained in this section, if the Central Government is of the opinion that a Scheduled Offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the Agency to investigate the said offence.
(6) Where any direction has been given under sub-section (4) or sub-section (5), the State
Government and any police officer of the State Government investigating the offence shall not proceed
with the investigation and shall forthwith transmit the relevant documents and records to the Agency.
(7) For the removal of doubts, it is hereby declared that till the Agency takes up the investigation of the case, it shall be the duty of the officer-in-charge of the police station to continue the investigation.

Power of Central Government to constitute Special Courts.—(1) The Central Government shall, by notification in the Official Gazette, for the trial of Scheduled Offences, constitute one or more Special Courts for such area or areas, or for such case or class or group of cases, as may be specified in the notification.

  • A Special Court may, on its own motion, or on an application made by the Public Prosecutor and if it considers it expedient or desirable so to do, sit for any of its proceedings at any place other than its ordinary place of sitting.
  • Procedure and powers of Special Courts. A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts that constitute such offence or upon a police report of such facts.
  • Appeals—(1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.
    (2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.

Offences branded as Schedule Offence if committed under the Following Acts

1. The Atomic Energy Act, 1962 (33 of 1962);
2. The Unlawful Activities (Prevention) Act, 1967 (37 of 1967);
3. The Anti-Hijacking Act, 1982 (65 of 1982);
4. The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982);
5. The SAARC Convention (Suppression of Terrorism) Act, 1993 (36 of 1993);
6. The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on
Continental Shelf Act, 2002 (69 of 2002);
7. The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005);
8. Offences under—
(a) Chapter VI of the Indian Penal Code (45 of 1860) [sections 121 to 130 (both inclusive)];
(b) Sections 489-A to 489-E (both inclusive) of the Indian Penal Code (45 of 1860)


 

Code of Conduct for the Police

Home-ministry.jpg

The guidelines for the code of conduct for the police were issued by the Ministry of Home Affairs and communicated to Chief Secretaries of all States/ Union Territories and Heads of Central Police Organizations on July 4, 1985.

1. The police must bear faithful allegiance to the Constitution of India and respect and uphold the rights of the citizens as guaranteed by it.

2. The police should not question the propriety or necessity of any law duly enacted. They should enforce the law firmly and impartially, without fear or favor, malice or vindictiveness.

3. The police should recognize and respect the limitations of their powers and functions.They should not usurp or even seem to usurp the functions of the judiciary and sit in judgment on cases to avenge individuals and punish the guilty.

4. In securing the observance of law or in maintaining order, the police should as far as practicable, use the methods of persuasion, advice and warning. When the application
of force becomes inevitable, only the irreducible minimum of force required in the circumstances should be used.

5. The prime duty of the police is to prevent crime and disorder and the police must recognize that the test of their efficiency is the absence of both and not the visible evidence of police action in dealing with them.

6. The police must recognize that they are members of the public, with the only difference that in the interest of the society and on its behalf they are employed to give full time attention to duties, which are normally incumbent on every citizen to perform.

7. The police should realize that the efficient performance of their duties would be dependent on the extent of ready cooperation that they receive from the public. This, in turn, will depend on their ability to secure public approval of their conduct and actions and to earn and retain public respect and confidence.

8. The police should always keep the welfare of the people in mind and be sympathetic and considerate towards them. They should always be ready to offer individual service and friendship and render necessary assistance to all without regard to their wealth and / or social standing.

9. The police should always place duty before self, should maintain clam in the face of danger, scorn or ridicule and should be ready to sacrifice their lives in protecting those of others.

10. The police should always be courteous and well mannered; they should be dependable and impartial; they should possess dignity and courage; and should cultivate character and the trust of the people.

11. Integrity of the highest order is the fundamental basis of the prestige of the police. Recognizing this, the police must keep their private lives scrupulously clean, develop self-restraint and be truthful and honest in thought and deed, in both personal and official life, so that the public may regard them as exemplary citizens.

Important registers maintained at different Police Stations/ Court Offices of Howrah City Police

KEYWORDS:- Police-Bengal-Register- Police Station

Indian Law Encyclopedia

A statement of categories and documents that are held or under control Following are some important registers/documents, which are maintained at different Police Stations/ Court Offices of Howrah City Police:

Bengal police regulation 1943 [Click]

In Police Stations
• Crime Register.
• Non-FIR Register.
• Motor Accident Register.
• Crime Index.
• Inspection Register.
• Warrant Register.
• General Diary.
• Howrah City Police Gazette File.
• Disposition Register.
• F.I.R. Book.
• Inquest Register.
• Post Mortem Register.
• Telephone Message Book.
• Command Certificate Book.
• Missing and Deposited Register.
• Government Property Register.
• Khatian Inspection Register.
• Cash Book.
• Active Criminal Register.
• All Arrest Register.
• Receive Register.
• Despatch Register.
• Warrant Register.
• Summon Register.

Devider

In Court Offices
• GR Register
. Non-GR Register
• Lock Up Register.
• Bail Bond Register.
• Conviction Register.
• Despatch Register.
• Stamp Account Register.
• Pay Register.
• Disposition Register.
• Command Certificate.
• Duty Register.
• Process Register

Devider

BULLET 2Click for Thana Management 

BULLET 2Police Station under Bengal Police Regulation