Updated: Saturday May 12, 2012/AsSabt Jamada El Thaniah 21, 1433/Sanivara Vaisakha 22, 1934, at 12:00:20 AM

 

 

Officer by whom original order of punishment is framed

 

 

Appellate authority

 

Deputy Superintendent (Administrative), Government Railway Police, Deputy Superintendent, in charge of Railway Police Sub-Division

 

Superintendent of Police, Senior Assistant Superintendent of Police, Lahore, Officer-in-charge of Recruits Training Centre, Deputy Superintendent of Police, Punjab Armed Police, Lahaul and Spiti.

 

Deputy Inspector-General of Police, Assistant Inspector-General Government Railway Police, assistant Inspector-General provincial Additional Police (designated as Commandant, Provincial Additional Police), Assistant Inspector-General of Police (Traffic)

 

 

 

Assistant Inspector-General, Government Railway Police.

 

 

 

 

Deputy Inspector General of Police and Assistant Inspector General, Provincial Additional Police (designated as Commandant, Provincial Additional Police)

 

Inspector General of Police

 

 

 

SYNOPSIS

 

1.                  Appeal against order of dismissal from service.

2.                  Enquiry – Scope and application.

3.                  Personal hearing – Dispensing with departmental enquiry.

 

COMMENTS.

 

            1.         Appeal against order of dismissal from service. Admittedly, the petitioner was not gien personal hearing so the impugned order passed on appeal is allowed with costs and the impugned order of dismissal from service and the order passed on appeal are hereby quashed. The respondents are directed to reinstate the petitioner with full back wages with 12% interest per annum, within a month. Darshan Singh vs. State of Punjab and another, 1991(4) S.L.R. 102

            2.         Enquiry—Scope and application. As a matter of fact rule 16.29 deals with a stage after the original order of punishment has been passed. All that this sub-rule (4) of Rule 16.29 means is that though the right to obtain a complete record is available to the police official after the original order has been impugned this will not entitle him to also ask for the copies of the file/report during th3e pendency of the original proceedings, that is to say that if on the first day 2/3 witnesses have been examined the police official cannot insist that he be should be given copies of their statements for the purpose of cross-examining the other witnesses who are to be examined on subsequent days. This rule deals with a situation about the supply of copies during the course of the enquiry and has no relevancy to whether the copies of the statements recorded at preliminary enquiry should be given to the Police Officer or not for the purpose of cross-examining the witnesses when they are examined at the enquiry. This rule does not, therefore, in any way prohibit the supply of the copies of the prior statements of the witnesses which are needed to exercise the effective right of cross-examination and is a content of the reasonable opportunity to which the police officials has Constitutional right. As the statements of those witnesses were denied to the plaintiff there is no scope from the conclusion that the plaintiff was denied a reasonable opportunity and the order is liable to be struck down on this ground also. Union of India vs. Shri Ravi Dutt, 1973(1) S.L.R. 1222

            3.         Personal hearing—Dispensing with departmental enquiry. The petitioner appealed to the D.I.G. against there order of dismissal passed by the Superintendent of Police. The D.I.G. did not give any personal hearing. It has been laid down by the Supreme Court that even in case where enquiry has been dispensed with under the provisions of Article 311(2) it was incumbent upon the appellate authority to give personal hearing. Ashok Kumar, Sub-Inspector of Police vs. State of Punjab and others, 1990(3) S.L.R. 127

            16.30.  Rules regarding appeals.—(1) Every appeal to the Deputy Inspector-General or Inspector-General shall be in English. It shall set forth the grounds of appeal, and shall be accompanied by a copy of the order made in the case.

            (2)        An appeal which is not filed within a month of the date of the original order, exclusive of the time taken to obtain a copy of the order or record, shall be barred by limitation. The appellate authority may, however, accept an appeal filed out of time, if he sees fit to do so.

 

            16.31.  Orders on appeals – Every order passed in appeal shall contain the reasons therefor. A copy of every appellate order and the reason therefor shall be given free of cost to the appellent.

 

SYNOPSIS

1.                  Acquittal on benefits of doubt.

2.                  Not obligatory on the appellate authority to give detailed reasons for.

 

COMMENTS

 

            1.         Acquittal on benefits of doubt – While discussing the evidences the Magistrate observed that “in the present case all the eye witnesses including Constable Raja Ram, P.W.2 turned hostile and though, cross-examined by the learned P.P. nothing material favourable to the prosecution could be elicited.” One of the prosecution witnesses Ishwari Lal who was the sole witness before Enquiry Officer of Departmental proceedings completely reverted from his statement given to the police and confronted with his own statement before the P.P. in the criminal proceedings. After a detailed discussion the Magistrate concluded on the following lines. “In view of the above discussion I hold that prosecution has not been able to prove its case beyond reasonable doubt against accused Mehak Singh. I accordingly give the benefit of doubt to accused Mehakk Singh and acquit him.” From the above it is, therefore, clear that the petitioner had been acquitted on the benefit of doubt and not on merits. We see no reason why the acquittal should be a bar against the departmental proceedings. Mehak Singh vs. Union of India etc., 1987(2) S.L.R. 357.

 

            2.         Not obligatory on the appellate to give detailed reasons for – In dealing with the question as to whether it is obligatory on the appellate authority to give reasons in support of he order rejection the appeal as required under Rule 16.31 of the Rules, it has to be borne in mind that disciplinary proceedings against a delinquent official begin with an inquiry conducted by an Officer appointed in that behalf and the same is followed by a report which is considered by the punishing authority and having regard to the material which is thus made available and which is also made available to the delinquent official, also the punishing authority accepts the findings of the Enquiry Officer and thereafter issues a show cause notice, proposing punishment and then imposes punishment after considering the reply to the show cause notice. In the case in hand the punishing authority had recorded a detailed order (A-5) while imposing the punishment of dismissal  form service upon the applicant. In the circumstances of the case, it was not obligatory on the appellate pugned order (A-5) for agreeing with the reasons and conclusions arrived at by the punishing authority. Manjit Singh vs. Secretary and others, 1989(6) S.L.R. 399.

 

            16.32.  Revision – An officer whose appeal has been rejected is prohibited from assaying for a fresh scrutiny of the evidence. Such officer may, however, apply, within a month of the date of despatch of appellate orders to him, to the authority next above  the prescribed appellate authority for revision on grounds of material irregularity in the proceedings or on production of fresh evidence, and may submit to the same authority a plea for mercy: provided that no application for the revision of an order by the Inspector-General will be entertained. An officer whose appeal has been heard by the Inspector-General may, however, submit to the Inspector-General a plea for mercy or may apply to the Inspector General for a review of his appellate order only on the ground that fresh evidence has become available since the appellate order has been p0ronounced. This rule does not affect the provisions of rule 16.28.Such application or plea must be in English.

 

SYNOPSIS

 

1. Mercy petition before Inspector General of Police.

 

COMMENTS

 

1.         Mercy petition before Inspector General of Police. It is not necessary to decide this question for the simple reason that the order of the Inspector General of Police in revision cannot be maintained, because while dealing with the revision-cummercy petition, he took into consideration the so called, chequered service records so the petitioners which, as observed by the learned Single Judge, did not form part of the charge and was not gone into by the Enquiry Officer and the petitioners were also not given any opportunity to meet this aspect of the case. Consequently, in view of the observations of their Lordships of the Supreme Court in K. Manche Gowda’s case (supra) which were referred to in Amar Nath’s case (supra), decided by the learned Singled Judge, the two writ petitions had to be quashed. It would be open to the order of the Inspector General of Police had to be quashed. It would be open to the Inspector General of Police to go into the whole question, including the instructions of 1961 issued by the Inspector General of Police referred to above, and to decide once again not only about the misconduct of the two petitioners, but also about the proper punishment that is to be inflicted. The question, whether in the circumstances of this case, the departmental authorities could or could not arrive at the conclusion that the misconduct of which the petitioners were found to be guilty did or did not amount to gravest act of misconduct within the meaning of rule 16.2 of the Rules, must be left open Normally speaking this court would be most reluctant to go into the question of the nature of the misconduct after the matter has been dealt with by the authorities, yet there may arise a case where the conclusion arrived at is such that the same cannot possible be maintained. However, as stated above, it is not necessary for us to decide this point in the present case, at this stage. The Inspector General of Police, Punjab vs. Balbir Singh, 1973(2) S.L.R. 271

            16.33.  Removal from promotion lists.—Removal of a name from a promotion list may follow from the award of punishment for a specific offence, or be ordered on general grounds. In neither case shall a formal charge be framed nor evidence recorded, but an order shall be recorded in writing and given effect to through an entry in the Order Book. The original order of the authority ordering removal shall be read out to the officer concerned, but a copy thereof shall not be given to him and no appeal shall be lie against it.

            16.34.  Suspension of officer immediately responsible.—If a prisoner escapes or is rescued from police custody, the enrolled police officer immediately responsible shall forthwith be suspended from duty. A searching departmental inquiry shall at once be held by or under the orders of the Superintendent. The object of this inquiry shall be the elucidation of all the circumstances connected with the escape or rescue and the determination of the issue whether the escape or rescue could have been prevented by the exercise of such vigilance and courage on the part of the enrolled police officer by the exercise of such vigilance and courage on the part of the enrolled police officer immediately responsible as might reasonable have been expected, and whether it was rendered possible or facilitated by any neglect or omission of duty on the part of any superior enrolled police officer.

 

SYNOPSIS

 

1. Rormaing of rule in consonance with the provisions of Section 7 of the Punjab Police Act, 1961.

 

COMMENTS

 

1.         Framing of rule in consonance with the provisions of Section 7 the Punjab Police Act, 1961. It has been contended that the provision of Rule 16.28 are beyond the Rule making powers conferred under Section 7 of the Punjab Police Act. In my view the provisions of Rule 16.28 do not infringe the provisions of Sec.7 in any manner whatsoever. No provision of the aforesaid Rule, confers the powers of any officer lower in rank than the Appointing Authority to inflict any punishment or enchance a punishment nor it is shown to be in any way beyond the rule making powers of the authorities. The decision in the case mentioned above also is clearly distinguishable as the Court had found the rule to be beyond the rule making power conferred by Section 25(2)(c) of the Bombay Police Act, 1951, which had fallen for consideration. Such in not position here. Brij Pal Singh, Constable vs. State of Haryana and others,1991(7) S.L.R. 246

 

            16.35.  Re-instatement after suspension.—On the conclusion of the enquiry, if the Superintendent finds that no misconduct attaches to the police officer or officers suspended, he shall reinstate them. In order to guard against any laxity in enforcing the responsibility for escapes, Deputy Inspector General should freely exercise their powers under rule 16.28 in respect of such cases.

 

            16.36.  Action when negligence is established.—If the enquiry establishes negligence or connivance in an escape, thereby cretin a presumption that an offence under Section 221,222 or 223, Indian Penal Code, has been committed, the police officer concerned shall be prosecuted criminally, unless the District Magistrate on a reference by the Superintendent of Police decides, for reasons to be recorded, that the case shall be dealt with departmentally. If the enquiry establishes a breach of discipline or misconduct not amounting to an offence under any of the sections of the Indian Penal Code mentioned above, the case shall ordinarily be dealt with departmentally. The criminal prosecution under this rule of an upper subordinate shall not be undertaken without the sanction of the Deputy Inspector General of Police.        

 

            16.37.  Dismissal the normal punishment in escape cases.—(1)  Dismissal shall normally follow a judicial or departmental conviction for negligence resulting in the escape of the prisoner and may, with the approval of the Deputy Inspector General for review of the orders passed. The Deputy Inspector General, will, however, pass no orders until the period of appeal has expired. If an appeal is lodged, the period of appeal has expired. If an appeal is lodged, the punishment will be examined in the ordinary way, if there is no appeal, the Deputy Inspector General will proceed to review the punishment if he considers it necessary. If the Deputy Inspector General decides to enchance the punishment awarded, an appeal will then lie against such order to the Inspector General. If an appeal does not lie against the original punishment awarded, the Deputy Inspector General will proceed to review the case as soon as he received it.

            (2)        The authority to retain in the service an enrolled police officer, who has been convicted of neglect either judicially or departmentally in connection with an escape, shall rest with the Deputy Inspector General, or, in the case of Inspectors, with the Inspector General. If extenuating circumstance sexist, they shall be clearly stated and application made to or through the Deputy Inspector General to award any authorized punishment other than dismissal.

 

SYNOPIS

 

1. Ordinarily order of suspension suspends the contract of service

 

COMMENTS.

 

  1.       Ordinarily order of suspension suspends the contract of service.  The documents, orders and communications referred to earlier make it clear that the convictions of the respondent by way of stoppage of 2 years increment was on account of the enquiry held against him. Even in his writ petition, the respondent had proceeded on the basis that the departmental enquiry was on account of the escape of the said Bahadur Singh and that the order of stoppage of increment for a period of two years, was the punishment awarded to him as a result of the said enquiry. We are therefore, not in agreement with the finding of the learned single Judge that there was no evidence to show that the punishment meted out to the respondent could not be said to be on account of the finding of misconduct in connection with the escape of said Bahadur Singh in the said enquiry. Superintendent of Police was authorised to vacate his own order of suspension to reinstate the respondent. It is correct that as a rule a person who has authority to pass an order has also the authority to vacate it but this is subject to the law or statutory rules. Rule 16.37(2) specifically provides:--

“the authority to retain in service an enrolled police officer, who has been convicted of neglect either judicially or departmentally in connection with an escape, shall rest with the Inspector General of Police…..”

            In the face of this clear provision contained in the Police  Rules as applicable to H.P. we   are of the view that the Superintendent of Police had not authority to reinstate the respondent in service and that his order dated 1st September, 1965, was in violation of the above quoted rule, and, therefore, invalid and of no effect.

            The Inevitable result of this conclusion would be that the aforesaid order of reinstatement has to be treated as non-existent and would have the result of revising the order of suspension dated August 21, 1965. If the respondent had not resumed duty in pursuance of even the aforesaid invade order of reinstatement, this appeal would have had to be allowed. The difficulty in the way of appellants, however, is that the respondent had resumed duty on September 1, 1965, in pursuance of the aforesaid order of reinstatement even though invalid. Ordinarily, and order of suspension suspends the contract of service. At the same time, the employer is not entitled to take any work from the servant during the  period of suspension. It must, therefore, follow that if the employee is allowed to resume duty during the period of suspension and does discharge his duties, he would immediately become entitled to his full emoluments instead of the suspension allowance that may have been fixed. In the present case, the respondent admittedly resumed his duties on September 1, 1965, and continued to discharge them until July 3, 1967, when the appellant No.2 sent the aforesaid endorsement to him in pursuance of the orders of appellant No.1. The respondent is therefore, entitled to his full salary for the period between September 1, 1965, ad July 3, 1967 not witstanding the revival of the order of suspension dated August 21,1965. The said order dated July 3, 1967 can, therefore, be effective only from that date as held by the learned single Judge and it is bad in so far as it purports to place the respondent under suspension with effect from August 21, 1965. Inspector General of Police, Hymachal Pradesh vs. Munshi Ram, 1971(2) S.L.R. 39

 

(For Haryana)

16.38.Criminal offences by police officers and strictures by courts—procedure regarding.—(1) Where a preliminary enquiry or investigation into a complaint alleging the commission by an enrolled police officer of a criminal offence in connection with his official relations with the public, establishes a prima facie case, a judicial prosecution shall normally follow. Where, however, the Superintendent of Police proposes to proceed in the case departmentally, the concurrence of the District Magistrate be obtained.

(2)               Orders have been issued by the Hon’ble Judges of the High Court making it obligatory on all civil and criminal courts, whenever they make strictures on the personal character to or processional conduct of a police officer, to send a copy of the judgment to the executive authorities. In the case of the High Court itself the copies will be forwarded to the State Government. In the case of all other courts( including Courts of Session), the copies will be sent by the judges and Magistrates concerned to the District Magistrate.

(3)               In case in which strictures are passed on the conduct of the police by a Sessions Court or by a Magistrate’s Court and no specific recommendation is made by trate will decide whether an investigation in to the matter in necessary, and if so, whether it shall be conducted by a police officer or by a selected Executive Magistrate. After an investigation or enquiry, the procedure laid down in sub-rule (1) shall be followed. In cases in which the court passing strictures  on the conduct of the police suggests that an enquiry should be made, the District Magistrate will comply with such request.

When strictures on the conduct of the polcie are made by the High Court and communicated to the State Government direct in accordance with sub-rule (2) above, the instructions of Government  as to the action to be taken by the local authorities will be communicated  to them through the ordinary channels. In cases in which the High Court suggests that an enquiry should be made, the State Government will give orders accordingly.

(4)               Rules 24.14 and 24.15 provide for reports of all serious charges against the police being communicated to the State Government special report. In cases where such serious charges arise form stricutes passed by criminal courts, the Superintendent of Police and the District Magistrate should communicate, either in the report itself or in a covering letter, the procedure which they propose to adopt  and  any information or notes in connection with the case which they consider should be brought to the notice of Government. Rule 24.15 provides the opportunity for Deputy Inspector General and commissioners similarly to communicate their comments to the State Government.

 

( For Punjab)

 

16.38.    Criminal offences by police officers and strictures by Courts-Procedure

regarding --(1) Immediate information shll be given to the District Magistrate of any complaint received by the Superintendent of Police, which indicates the commissions  by the police officer of a criminal offence in connection with his official relations with the public. The District Magistrate will decide whether the investigation of the complaint shall be conducted by a police officer, or made over to a selected Magistrate having 1st class powers.

 

(2)               When investigatoin of such a complaint establishes a prima facie case, a judicial prosecution shall normally follow: the matter shall be disposed of departmentally only if the District Magistrate so orders for reasons to be recorded. When it is decided to proceed departmentally the procedure prescribed in the rule 16.24 shall be followed. An officer found guilty on a charge of the nature referred to in this rule shall ordinarily be dismissed.

(3)               Ordinarily a Magistrate before whom a complaint against a police officer is laid proceeds at once to judicial enquiry. He is, however required to report details of the case to the District Magistrate, who will forward a copy of this report to the Superintendent of Police. The District Magistrate himself will similarly send a report to the Superintendent of Police in cases of which he himself takes cognizance.

(4)               The Local Government has prescribed the following supplementary procedure to be adopted in the case of complaints against police officers in those districts  where abuses of the law with the object of victimizing such officers or hampering investigation is rife. The District Magistrate will order that all petitions against police officer shall be presented to him personally. If he considers that these petitions are of a frivolous or factious nature, it is within his discretion to take no action on them. When he consider an enquiry to be necessary he will use his discretion whether to send the papers to the Superintendent of Police or to a Magistrate for judicial enquiry.

 

In the case of formal criminal complaints, the District Magistrate will arrange for all cases to be transferred form other courts to his own.

 

(5)               Orders have been issued by the Hon’ble Judges of High Court making it obligatory on all civil and criminal courts, whenever they make structres on the personal character or professional conduct of a police officer, to send a copy of the judgment to the executive authorities. In the case of the High Court itself the copies will be forwarded to the Local Government. In the case of all other courts ( including Courts of Session) the copies will be sent by the Judges and Magistrates concerned to the District Magistrate.

(6)               In cases in which stricutes are passed on the conduct of the police by a Sessions Court or by a Magistrat’s  Court and no specific recommendation is made by the Court making such strictures that an enquiry should be made, the District Magistrate will decide whether an investigation in to the matter is necessary, and if so whether it shall be conducted by police officer or by a selected Magistrate having 1st class powers. If he decides that an investigation shall be made the procedure subsequent to such investigation shall be that laid down in sub-rule (2) above. In cases in which the court passing strictures on the conduct of the police suggests  that an enquiry should be made, the District Magistrate will comply with such request in accordance with the procedure in paragraphs (1) and (2) above.

When  stricture on the conduct of  the police  are made by the High Court and communicated to the Local Government direct in accordance with paragraph (5) above, the instructions of Government as to the action be taken by the local authorities will be communicated to them through the ordinary channels. In cases in which the High Court suggests that an enquiry should be made the Local Government will give orders accordingly.

(7)               Rules 24.14. and 24.15 provide for reports of all serious charges against the polcie being communicated to the Local Government by a special report. In cases where such serious charges arise from strictures passed by criminal  courts, the Superintendent of Police and the District Magistrate should communicate, either in the report itself or in covering letter, the procedure which they propose to adopt and any information or notes in connection with the case which  they consider should be brought to the notice of Government. Rule 24.15 provides the opportunity for Deputy Inspectors-General and commissioners similarly to communicate their comments to the local Government.

 

 

SYNOPSIS

 

1.                  Charges against police officials regarding molestation of a girl.

2.                  Charges of Bigamy against Police Head Constable.

3.                  Colorable attempt to avoid effect of Rule 16.38 sub-rule (1.

4.                  Commission  of Criminal offence by Police Officer.

5.                  Compaint-Departmental proceeddings.

6.                  Concurrence of the District Magistrate not obtained before the passing the order

7.                  Condition of service.

8.                  Court cannot interpret rules so as make, modify or amend them.

9.                  Criminal Precaution against police officer.

10.              Criminal Prosecution Rule confined only to departmental enquiries.

11.              Delay in taking departmental proceedings after acquittal form Criminal Court.

12.              Departmental inquiry.

13.              Departmental enquiry after deviation form the normal rule of prosecution .

14.              Departmental enquiry –Criminal Prosecution

15.              Departmental enquiry –Reduction in rank.

16.              Departmental enquiry without the permission of District Magistrate not bad.

17.              Departmental officer is not excepted to put his complaint in the form of a petition.

18.              Disciplinary proceedings.

19.              Dismissal-Dispensing with enquiry

20.              Dismissal form service.

21.              Dispensing with enquiry

22.              District Magistrate ordering departmental enquiry.

23.              District Magistrate gave sanction without recording any reasons.

24.              District Magistrate to decide as to whether the investigation of a particular types of complaint shall be conducted by a Police Officer or by a Magistrate.

25.              Enquiry-Departmental Proceedings.

26.              Enqiury officer recommended his exoneration

27.              Enquiry instruction-Absence of specific provisionin the rules the police authorities are bound to follow instructions.

28.              Expression “ immediate” within reasonable time.

29.              Failure to account for the entrusted money.

30.              Import and effect word “ Immediate”

31.              Intermediate school Course.

32.              Investigation conducted by D.I.G.

33.              Investigation disclosing prima facie case a judicial prosecurtion should normally follow.

34.              Investigation-Offence against police officer.

35.              Fresh enquiry on same charge.

36.              Mandatory-Departmental enquriy.

37.              Misuse of power by Police Officer.

38.              Obligatory on the part of S.S.P to bring the case to the notice of District Magistrate.

39.              Opinion of the District Magistrate.

40.              Order of dismissal by an authority  subordinate to the appointing authority.

41.              Plaintiff purporting to exercise authority of a police officer in plain clothes.

42.              Police Departmen cannot pick and choose the cases for obtaining the sanction of District Magistrate.

43.              Police Officer committing offence in relation on public.

44.              Promotion

45.              Procedure-Complaint against.

46.              Prosecution –Offence committed by Police Officers.

47.              Provisions are mandatory.

48.              Resort to departmental proceedings.

49.              Rule applicable only if criminal offence has been committed by a Police officer “ in connection with his official relations with the public.

50.              Rule mandatory.

51.              Scope.

52.              Speaking order-Departmental enquiry.

53.              Suggestion is not to be equated with the expression “dictate”

54.              Tearing off the Rapat Rojnamcha by the police Head Constable.

 

COMMENTS

 

1.                  Charge against police official regarding molestation of a girl.  Rule 16.38

shows that it is the District Magistrate who, on receipt of information regarding the commission by a police officer of a criminal offence in connection which his official relations with the public , is firstly to decide whether investigations of the complaint shall be conducted by a police officer or made over a selected Magistrate having first class powers. If a prima facie case is established, then a judicial prosecution has normally to follow. It is the District Magistrate who has to decide whether instead of a judicial protection  the matter should be disposed  of departmentally. Rule 16.38 (1) and (2) vests the power in the District Magistrate alone. The judicial prosecution is the rule and the departmental inquiry as an exception. The sources of power to direct departmental inquiry instead lays down the authority empowered to act. No. officer other than the District Magistrate who has to consider if a departure from judicial prosecution would be justified and to give and valid reasons for the proposed departure.  The jurisdiction to exercise the power under PPR 16.38(1) and (2) is given to the District Magistrate.  A District Magistrate is other than an Addl.  District Magistrate.  The distinction between the post of a District Magistrate and an Addl.  District Magistrate is quite clear and the two cannot be equated.  By virtue of the notification, an Addl. District Magistrate may exercise all or any of the powers of the District Magistrate under the Criminal Procedure Code or under any other law for the time being in force, but he does not thereby acquire the status and rank of the District Magistrate.  Whatever might be the powers of the Addl. District Magistrate to carry on the administration of the District, he is not appointed as a District Magistrate.  There is an absence of a notification under Section 10(1) and thus the two above named officers are not appointed as District Magistrate.  The exercise of power under PPR 16.38(1) and (2) is vested in a District Magistrate and could not by the side wind of a notification under Section 10(2) of the Criminal Procedure Code be conferred on an Addl. District Magistrate.  The Addl. District Magistrate, who is invested with the powers of a District Magistrate, does not thereby attain the status of the District Magistrate as sub-section (3) of Section 10 itself makes clear.  The fact that the Addl. District Magistrate may have all the powers of a District Magistrate may have all the powers of a District Magistrate does not make him a District Magistrate inasmuch as there can be only one person in the District which can be a District Magistrate and that is what is referred to in Rule 16.38(1) and (2).  Malkiyat Singh vs. Delhi Administration and others, 1989(3) S.L.R. 58.

2.                  Charge of Bigamy against Police Head Constable.  The disciplinary authority was not competent is issue the second show cause notice after issue of the first show cause notice and he could not direct taking the additional evidence by way of examination of the first wife of the applicant.  He also pointed out that as contended by the respondents, P.P.R. 16.28 was not applicable to the present case.  The applicant was informed on 9.1.1969 (Annexure ‘O’ to the petition) that “a Superintendent of Police, is empowered to make further investigation or direct such to be made before passing order P.P.R. 16.28.

In the present case, P.P.R. 16.28 is not attracted and the disciplinary authority could not act under the provisions thereof because the said Rule envisages calling for the records of awards made by the subordinates.  No rule, however, has been shown to us which prohibits or limits the powers of the disciplinary authority in directing the recording of fresh evidence in the light of the plea advance-by the delinquent officer in his reply to the show-cause-notice.  In the present case, the applicant had taken the plea in his reply to the first show-cause-notice that he had contracted the second marriage with the consent of his first wife, who had been ailing for 13 years.  Vinodi Lal vs. Union of India and others, 1988(5) S.L.R. 543.

 

3.                  Colourable attempt to avoid effect of Rule 16.38 sub-rule (1).  The allegations against Ram Kishan and others were that they had inflicted a knife injury on Mst. Batto, a Harijan woman and the medical report showed that the injury was with a blunt weapon though the injury was simple.  He further said that S.P. ordered him to start a departmental inquiry against the plaintiff.  There is no evidence that any immediate information was given to the District Magistrate of the complaint received against the plaintiff.  Neither is there any evidence that the District Magistrate decided that the investigation shall be conducted by the police officers, who conducted it.

The learned counsel for the Government further contended that the charge against the plaintiff in the departmental proceedings was a charge of negligence and not a charge in connection with the commission of a criminal offence in connection with his official relations with public.

But according to the final sentence in the summary of allegations this action amounted to gross negligence of duty and misconduct.  It seems to us that it was a  colourable attempt to a void the effect of Police Rule 16.38 sub-rule (1).  It is a clear case of criminal offence and it was a mere device to call it gross negligence.  Following the case Delhi Administration vs. Chaman Shah, (1969) 3 SCR 653, we hold that as in this case there has been no compliance whatsoever of Rule 16.38, sub rule (1) the order of dismissal is illegal. Union of India vs. Ram Kishan, 1972 S.L.R. 11.

4.                  Commission of Criminal offence by Police Officer.  Judicial prosecution is the rule and departmental enquiry is an exception.  Malkiyat Singh vs. Delhi Administration and others, 1989(2) RSJ 74.

5.                  Complaint-Departmental proceedings.  The Superintendent of Police is required to send information to the District Magistrate only when a criminal offence has been committed by a police officer “in connection with his official relations with the public”.  In the present case, there is nothing on record to show that the petitioner was accused of having committed an offence in connection with his official relations with the public.  It was during the preliminary enquiry, that some evidence came on the record to show that the petitioners had certain connection with the wife of Dharam Pal.  The proceedings were initiated in the present case, on the basis of a complaint submitted by ASI Shkhbir Singh, and the complaint itself did not disclose the commission of a criminal offence by the petitioner in connection with his official relations with the public.  Brij Pal Singh, Constable vs. State of Haryana and others, 1991(7) S.L.R. 246.

6.                  Condition of service.  Police officers hold office during the pleasure of the President under Article 310 of the Constitution.  The condition of their service can be regulated by the legislature under the proviso to Article 309 and the Police Act, 1861 may be regarded as such legislation.  Daulat Ram vs. Union of India, 1971(2) S.L.R. 502.

7.                  Concurrence of the District Magistrate not obtained before passing the order.  It is not disputed that concurrence of the District Magistrate had not been obtained.   In view of this, the order of removal passed against the petitioner for the criminal offence committed by him in connection with his official relation with the public was passed in violation of the said mandatory rule.  The order shall thus be deepend to be a viod order.  State of Haryana and another vs. Surjan Singh, 1990(2) S.L.R. 88.

8.                  Court cannot interpret rules so as to make, modify or amend them.  Court cannot make law, it can merely interpret or construe it, and not modify or amend it under the cloak or guise of interpretation, though in this process of construction it may give the law shape, but this is permissible only within the strict limits of discernible legislative scheme or intent.  AIR 1956 Punjab 102.

9.                  Criminal Prosecutoin against police officer.  Rule 16.38 prescribes-more correctly we may say Rule 16.38 lays down the guidelines of the procedure to be followed when a Superintendent of Police receives any complaint about the commission of a criminal offence by a police officer “in connection with his official relations with the public”.  The Superintendent of Police is enjoined to give immediate information to the District Magistrate who is thereupon to decide whether the investigation of the complaint shall beconducted by a Police Officer or by a Magistrate.  It is stated htat though’s judicial prosection shall normally follow’, the matter may be disposed of departmentally if the District Magistrate so orders, for reasons to be recorded.  The further Departmental procedure is prescribed by the remaining clauses.  It is clear that Rule 16.38 is not designed to be a condition precedent to the launching of a prosecution in a Criminal Court; it is in the nature of instructions to the Department and is not meant to be of the nature of a sanction or permission for the prosecution.  Nor can it override the provisions of the Criminal Procedure Code and the Prevention of Corruption Act.  State of Punjab vs. Charan Singh, 1981(1) S.L.R. 355.

10.              Criminal Prosecution Rule confined only to departmental enquiries.    The only point pressed upon me is that the Courts below have gone wrong in holding that the compliance with Rule 16.38 of the Punjab Police Rules, 1934, was not a condition precedent to the prosecution of a police officer in a court of law.  I find no merit in this submission.  A plain reading of the said Rule shows that its application is confined to departmental enquiries only.  Lal Chand vs. The State, 1983(2) S.L.R 33.

11.              Delay in taking departmental proceedings after acquittal from Criminal Court.  It was also follow that he would not only be entitled to be confirmed in his rank of Sub-Inspector of Police but his seniority as Sub-Inspector would also have to be properly determined attracting the further consequence of whatever opportunities that might accrue to him in the matter of promotion.  A part from the view, which I have taken, that this was not permissible or legal, it seems difficult to justify the delay in taking such departmental action.  No justification for this has even been attempted in the return in spite of a specific complaint of “harassment” and “vindictiveness” by reason of such departmental action being taken against him, after such delay.  The whole of these proceedings have to be also viewed in the background of P.P.R. 16.38 which requires that every allegations of committing a criminal offence by a police officer in his relations with the public as a police officer having to be reported to the District Magistrate without loss of much time (three months) for him to decide whether the matter should be placed before a Court or, for reasons to be recorded by him in writing, only departmental action should be taken.  Elementary fairness to a  public servant would require that the sword of Democles should not be allowed to hang over him longer than necessary; otherwise there is the likehood of degeneraction into an engine of oppression.  Whether the departmental action taken against the petitioner in this case was legal or illegal, mininum fairness required that the said action was taken at least expeditiously and not after so much unexplained delay as has unfortunately happened in this case.  Shri Kundan lal vs. The Delhi Administration, Delhi and others, 1976(1) S.LR. 133.

12.              Departmental enquiry after deviation from the normal rule of prosecution.  After the completion of the departmental enquiry against him in pursuance  of the said order.  According to the learned counsel if the petitioner had felt aggrieved by this order he should have challenged it right at the stage when the departmental enquiry was launched against him.  This submission of the learned counsel prima facie appears to be of some weight but holds no water when examined minutely.  It is nobody’s case that order Annexure P.3 was ever communicated to the petitioner at any stage.  He thus never knew that the Deupty Commissioner had passed the order for initiating a departmental enquiry against him without recording any reasons for the same.  Sarup Singh vs. State of Haryana and others, 1983(3) S.L.R. 585.

13.              Departmental enquiry-Criminal Prosecution.  The only object of this rule is that no offence alleged to have been committed by a police officer in connection his official relations with the public and brought to the notice of the Superintendent of Police should be disposed of departmentally ion accordance with the provisions of the rules found in Chapter XVI without obtaining the prior approval of the District Magistrate for that purpose.  Judicial prosecution for such an offence is the normal rule and departmental action is an exception and it is only to bring the case within that exception that prior direction or order of a District Magistrate is required.  In case the normal procedure of launching judicial prosecution is to be followed, there should be no necessity of obtaining the prior approval of the District Magistrate and certainly it was not the intention of rule 16.38 to obtain such a sanction in derogation of the relevant provisions of the Code of Criminal Procedure.  If the construction as sought to be placed by the learned counsel for the petitioners for rule 16.38 is acceded to, it would be difficult to reconcile the provisions of rules 16.11 and 16.12 with those of rule 16.38.  Shri Beli Ram and others vs. State of Himachal Pradesh, 1981(1) S.L.R. 264.

 

 

14.              Departmental  enquiry--- Reduction in rank. It can easily be concluded that noncompliance of P.P.R. 16.38 is fatal to the departmental/enquiry held against the applicant. It cannot be disputed that under Rule 16.38, it was proper for the authority concerned to initiate legal proceedings against he applicant in the normal course. Since the deviation has been made from the normal rule and departmental proceedings were initiated against the applicant without seeking permission of the District Magistrate, the departmental enquiry conducted against the applicant is illegal. It was necessary that for initiating departmental enquiry against the applicant, the permission of the District Magistrate was obtained. The result of the above observations is that the departmental enquiry held against he applicant was not in consonance with the provisions as contained under Rule 16.38. Gurdyan Singh vs. State of H.P. and others, 1988(7) S.L.R. 174.

 

15.       Departmental enquiry without the permission of District Magistrate not bad.

A perusal of the charge-sheet set out leaves no manner of doubt that the allegations against the petitioner was (1) that he mixed up the bad characters of ilaqa (2) that he was found absent from the police station without permission on the night between 6/7-8-66 about 11.5 P.M. (3) that an entry in that respect was made in the daily at serial No. 26 dated 6th August, 1966. The said charges can be enquired into

 

16.       Departmental inquiry. According to the plain intention of Rule 16.38 of the Punjab Police Rules, Vol.II, the District Magistrate is to decided for himself whether the enquiry was to be done by a Magistrate or by a police officer. The enquiry by a police officer may, not be desirable in many cases and it is not for the Superintendent of Police himself to suggest that a departmental enquiry should be launched. All that the Superintendent of Police is enjoined to do is to submit his report to the District Magistrate who alone is to decide what should be done.

Rule 16.38 had been breached in two essential aspects and the enquiry had been initiated in violation of the elementary rules of procedure and the order of dismissal was set aside. Walaiti Ram vs. State of Punjab, 1965 Cur.L.J.1=1967 P.L.R.523

 

17.       Departmental officer is not excepted to put his complaint in the form of a Petition. A Departmental officer is not excepted to put his complaint in the form of a petition. It may take the form of a departmental note or a confidential report. Sometime the information or accusation received may be oral or to be inferred from the conduct of the concerned police officer. The facts against him themselves may speak more eloquently than any piece of writing. A certain secrecy is often attached to information relating to the commission of an offence and it would be against human nature to expect that such information must always be in writing. Daulat Ram vs. Union of India, 1971(2) S.L.R.502

 

18.       Disciplinary proceedings. It is not absolutely necessary that a list of prosecution witnesses must be given to the Government servant facing the inquiry to make him know the charges brought against him. Union of India vs. Suraj Bhan , I.L.R. (1970) 1 Delhi 275

 

19.       Dismissal – Dispensing with enquiry. Rule 16.36 laying down holding of a preliminary enquiry by District Magistrate – Obligatory on the SP to refer matter to District Magistrate. Ashok Kumar, former Sub Inspector vs. State of Punjab and others, 1990(2) RSJ 505

 

20.       Dismissal from service. Case not brought to the notice of District Magistrate.—S.S.P. failing to perform statutory obligation – Impugned order of dismissal cannot be sustained. Ex.Sub Inspector Mohinder Singh Cheema vs. State of Punjab and others, 1990 (2) RSJ 716

 

21.       Dispensing with enquiry. There was no material before the Superintendent of Police to come to the conclusion that it was not reasonably practicable to hold enquiry in this case. The satisfaction of the Punishing  Authority is the condition precedent for invoking the provisions of Proviso to Article 311 of the Constitution . A bare perusal itself shows that the Superintendent of Police has held that it was not reasonably practicable to hold departmental enquiry. I asked Mr.Rajiv Atma Ram, counsel for the respondent to show the material on the basis of which this satisfaction was based. There is hardly any material on record on the basis of which an opinion can be formed that it was not reasonably practicable to hod a departmental enquiry. Consequently, the order of dismissal in the present case is wholly arbitrary, unreason able and capricious and, therefore, cannot be sustained. The order of the Superintendent of Police is clearly outside the scope of Article 311 of the constitution and consequently it was incumbent upon the Superintendent of Police to have held enquiry in the present case before punishing the petitioner. Ashok Kumar, Sub Inspector of Police vs. State of Punjab and others, 1990 (3) S.L.R. 127

22.District Magistrate gave sanction without recording any reasons. In the present case the complaint received by the Superintendent of Police (City) Delhi indicated the commission by the appellant of a criminal offence in connection with his official relations with the public. The complaint fell within Rule 38(1) and should have been dealt with accordingly. Nevertheless there was no investigation of the kind prescribed by Rule 38(1) . The District Magistrate did not direct any preliminary investigation nor was any prima facie case against the appellant as a result of such an investigation established. In state of Uttar Pradesh vs. Babu Ram Upadhya 1961(2) SCR 679, the Court by majority held that the provisions of paragraph 486 Rule 1 of the U.P.Police Regulations were mandatory and that a departmental action against the police officer in disregard there of was invalid. The minority held that the paragraph was directory and as there was substantial compliance with its provisions the departmental proceedings were not invalid. In Jagan Nath vs. Sr. Supdt. of Police, Ferozepur, AIR 1962 Punjab 38, the Punjab High Court held that the provisions of rule 16.38(1) and (2) were mandatory and that a departmental inquiry held without following its provisions was illegal. It is not necessary to decide inquiry held without following its provisions was illegal. It is not necessary to decide in this case whether the provisions of Rule 16.38 of the Punjab Police Rules are mandatory or directory. Even assuming that there rule is directory we find that there has been no substantial compliance with its provisions. The complaint fell within rule 16-38 and it was for the District Magistrate to decide who should investigate the case. No investigation of any kind was made under the directions. Without obtaining his directions, the Superintendent of Police held an inquiry, and passed on order of censure. The order was set aside by the Deputy Inspector General. Thereafter by D.O. letter No. 2165-C, the Superintendent of Police, asked for the sanction of the District Magistrate to proceed departmentally. Evan at this stage, the District Magistrate was no informed that the Superintendent of Police held an inquiry and passed an order of censure and that, his order was set aside by the Deputy Inspector General. The inquiry held by the Superintendent of Police was not authorised by the District Magistrate nor did it receive his approval. The District Magistrate gave his sanction without recording any reasons and without applying his mind to the requirement of Rule 16-38. In the circumstances, we are constrained to hold the departmental action taken against the respondent is invalid. Delhi Administration vs. Chanan Shah 1969 S.L.R.217.

 

23.       District Magistrate ordering departmental enquiry. The report of the Vigilance Department was enclosed with the papers forwarded by the Superintendent of Police, the District Magistrate must be deemed to have made a perusal of it and the order passed for a departmental enquiry was a full compliance with the Police Rules. Ram Singh Dhawan vs. The State of Punjab, 1967 P.L.R. 763

 

            24.       District Magistrate to decide as to whether the investigation of a particular type of complaint shall be conducted by a Police Officer or by a Magistrate.  The Legislature has itself performed the essential function of creating an agency to detect crimes and what has been delegated to the Executed Government is the task to implementing the purposes and the objects of the Act. It would be trite to say that an effective and proper method of implementing the policy of the Legislature would be to frame rules on the subject for ensuring uniformity of treatment. The crimes may be committed by the public at large or by their members of the agency created by the statute. The procedure for investigation of these crimes is essentially a matter of detail and the task of providing for this procedure has been left to the Executive authority. The impugned rule only empowers a District Magistrate to step in and to make a choice between one agency or the other to investigate a particular class of crimes committed by police officers. It falls squarely within clause (a) of sub-section (2) of Section 46 and has the added protection of clause (c) of sub-section of the same section. Raj Kumar vs. State of Punjab, 1976(1) S.L.R. 5

 

            25.       Enquiry—Departmental proceedings. I am of the opinion that this was merely a formal order passed in pursuance of the decision of the Chief Commissioner taken on 11th of January, 1977, in which discussion even the District Magistrate was present and he merely carried out the decision of the Chief Commissioner and in furtherance of the same passed the order dated 12th of January, 1977. It is again not disputed before me that under sub-rule (2), there has to be application of mind by the District Magistrate alone and the moment it is found that he did not apply his own mind but passed the order on the dictates of some superior authority, then such an order would be no order in the eyes of law and would stand vitiated. The question which is to be seen is whether on the facts of the present case, the order dated 12th of January, 1977, was passed by the District Magistrate of his own or at the behest of the Chief Commissioner, pursuant to the decision dated 11th of January, 1977, in which the District Magistrate was also present. As already found above, the District Magistrate was merely carrying out the order of the Chief Commissioner dated 11th of January, 1977, and, therefore, the order dated 12th of January, 1977, passed by the District Magistrate cannot be allowed to stand in law and deserves to be quashed. Sita Ram, Sub-Inspector of Police vs. Union Territory of Chandigarh and others, 1981(1) S.L.R. 438

 

26. Enquiry officer recommended his exoneration. A State Government cannot order disciplinary enquiry under R. 1637, 16-38 and 16-40 through an officer other than a police officer or Magistrate. The Rule, therefore, empowers the State Government to conduct an enquiry by such an officer if administrative exigencies so require. The proviso further empowers the State Government to order enquiry under CCS (CCA) Rules, 1965, where it is of the opinion that it is not feasible to conduct an enquiry in accordance with the procedure laid down under the P.P.S. Rules. It can also order such an enquiry, if a joint enquiry is found necessary with officers who are governed by the CCS (CCA) Rules. If the enquiry is ordered under R. 16-38 (as was done by the Addel. Commissioner of Police in the present case) the enquiry has to be conducted by a police officer and under the provisions of the Punjab Police Rules. In forming its opinion the State Government must address itself to a question whether it is feasible to conduct an enquiry under R. 16-38 or not. The procedure under R. 16-38 and R. 16-42 is thus mutually exclusive. If there is no inquiry under R. 16-38 then alone an inquiry can be ordered under R. 14-42. If R. 16-38 and R. 16-42 are read together it is clear that once an enquiry is held under R. 16-38 no enquiry can be held simultaneously or afterwards under R. 16-42. Shyamdev vs. union of India and others, 1982(3) S.L.R. 784.

 

            27.       Executive instructions – Absence of specific provision in the rules the police authorities are bound to follow instruction. In case the competent or the controlling authority cannot release the official whose assistance is being sought the delinquent official must be informed so that he can suggest another name. The circular upon which the petitioner is relaying takes that principles to its logical conclusion. M. Bagai, learned council for the respondents, was unable to show me any provision in the Police Act or in the Punjab Police Rules by which the respondents have been permitted to ignore the administrative instructions issued from time to time by the Government of India. In my view, in the absence of a specific provision in the Punjab Police Rules to the contrary, the said circular of the Government of India was applicable and the police authorities were enjoined to follow the same. I reject the contention of Mr. Bagai that the police authorities were not bound by the instructions given in the circular. The non-application of mind by the authorities on this plea ha resulted in injustice. This finding by itself can be made the basis for setting aside the departmental enquiry. But for the reasons which I give herein below I am not setting aside the enquiry proceedings or the impugned orders. Instead in exercise of discretion vested in this court under Article 226 of the Constitution of India I mould the relief. The petitioner who was a constable in the Delhi Police has been put of service for the last 16 years, having been dismissed in the year 1968. In the year 1971when he filed the present petition, he was 43 years old, as per his supporting affidavit. As to what the petitioner has been doing for the last 16 years in not clear from the petition. Mr. Budhiraja’s contention is that he was without a job and in fact has been idle. Whether he was working or not is not the question to be decided. What is to, be seen is whether he can be said to be physically and mentally fit to undergo the hardships which a constable is expected to face? Would he be able to because of the long interval, carry out the orders of his superiors without any reservation? The petitioner now is 56 years old. In this for intervening period of 16 years, for reasons beyond his control, he could not take part in parades, physical training exercises, games and other training programmes which are essential for a member of police force to remain not only physically fit but also mentally alert. He has been deprived of leading an active, organised and disciplined life. Jiwan Singh vs. The Administrator, Union Territory of Delhi and others, 1985(1) S.L.R. 781.

 

            28.       Expression “immediate” means “within reasonable” time – The primary justification of rule 16.38 being inserted in the Rules is to ensure priority being given to a criminal trial in preference to a departmental enquiry when a police officer is accused of the commission of a criminal offence in connection with his official relations with the public. Under Section 190 of the Criminal Procedure Code, cognizance of an offence may be taken by a criminal court either on a complaint or on a police report or otherwise. This is an additional reason why the meaning of the word ‘complaint’ in the rule can not be restricted only to a written petition.

 

            In the present case, the accusation against the plaintiff appellant was that he come into possession of Rs. 150/- in the course of his official duties. He was entrusted with that money. His failure to account for the same amounted ton criminal breach of trust within the meaning of Section 405 of Indian Penal Code. He was therefore, entitled to the protection of rule 16.38. The direct institution of departmental action against him in complete disregard of the said rule was, therefore, illegal and ultra vires Rule 16.38. The departmental enquiry and the punishment imposed on the plaintiff by the order dated 20.2.1958 are, therefore, quashed. As the suit of the plaintiff had been dismissed on a preliminary ground, the case is remanded to the trial Court for trial on merits as to whether the police authorities would not like to comply with rule 16.38 and if so whether the plaintiff appellant is to be placed in his former position as officiating Sub-Inspector of Police or on suspension till the matter against him is finally decided and what should be his pay and if he is entitled to the arrears of pay claimed by him and such other matters. Daulat Ram vs. Union of India, 1971(2) S.L.R. 502.

 

            30.       Fresh enquiry on same charge – The impact and effect of the word “immediate” in the opening part of rule 16.38(1) of the Police Rules. Permitting resort to the said rule after such a long time, would in my opinion, amount o ignoring the statutory requirements of the said rule. I, therefore, hold that so much of the order of the Deputy Inspector-General of Police, Ambala Range (Annexure ‘I) as directs compliance with the provisions of Police Rule 16.38(1) by placing the matter before the District Magistrate, Rohtak at this stage, is contrary to the provisions of law, and has to be struck down. The order of the appellate authority quashing the order of punishment passed by the Superintendent of Police, Rohtak, is manifestly correct and  has to be upheld. Bhajan Singh vs. Shri Bahal Singh, S.P. Rohtak and another, 1967 S.L.R. 601.

 

            31.       Import and effect of word ‘Immediate’ – Learned counsel has then contended that the observation made in the confidential report of the petitioner (Annexure “H”) which have been quoted in an earlier part of this judgment, and the warning administered to him therein and on April 17, 1965 (Annexure ‘C’) are mala fide and should be quashed. Without entering into the allegations of mala fides, I think the  Superintendent of Police had no jurisdiction to administer a warning to the petitioner (warning itself being a punishment), on allegations which were still pending enquiry before the departmental authorities. Same applies to the observations in the confidential report relating to the Chuchakwas liquor taking incident. For the foregoing reasons I set aside and quash the order, dated April 17, 1965 (Annexure ‘C’) administering warning to the petitioner and direct that the portion relating to the Chuchakwas incident from the confidential report (Annexure ‘H’) shall also be deleted. Bhajan Singh vs. Shri Bahal Singh, S.P. Rohtak and another, 1967 S.L.R. 601.

 

            32.       Intermediate School Course – Petitioners cannot allege any discrimination if persons working in the H.A.P. though confirmed later are sent to attend the Intermediate College. Raj Kumar vs. State of Haryana, 1991(2) RSJ 342.

 

            33.       Investigation conducted by D.I.G. – Investigation has admittedly been conducted at least by the D.I.G. into the complaint without complying with the provisions of Rule 16.38(1) of the Police Rules. The entire investigation proceedings against the petitioner in this case have, therefore, been vitiated on that account. Avtar Singh Uppal vs. The Inspector General of Police, Chandigarh, 1966 Cur. L.J. 318.

 

            34.       Investigation disclosing prima facie case a judicial prosecution should normally follow – The provisions of sub-rules (1) and (2) of Rule 38 are attached in cases of complaint received by the Superintendent of Police, indicating the commission by a police officer of a criminal offence in connection with his official relations with the public. In such a case, the Superintendent of Police is required to bring the complaint to the notice of the District Magistrate who is decide whether the investigation of the complaint should be made by a selected Magistrate having first class powers or should be left to a police officer. If the investigation discloses a prima facie case, a judicial prosecution should normally follow unless for reasons to be recorded in writing the District Magistrate directs that the matter should be disposed of departmentally. Delhi Administration vs. Chanan Shah, 1969 S.L.R. 217.

 

31.              Investigation – Offence against police officer – Coming to the facts of the instant case it may be pointed out that in view of the opening words of the said Regulation namely “when the offence alleged against a police officer, amounts to an offence only under Section 7 of the Police Act,” the said Regulation also stands on the same footing as Rule 16.38 of the Punjab Police Rule. In mahendra Singh vs. State, AIR 1956 Allahabad 96 a special Bench of the Allahabad High Court held that Section 7 of he Police AC provides for the departmental punishment of inferior police officers. It was also held that the said section did not it terms make provision for any inquiry, it merely provided that the exercise of disciplinary powers shall be subject to rules framed by the State Government and Chapter 32 of the Police Regulations laid down these rules which provided for a departmental trial for punishment to be inflicted under Section 7 of the Police Act. In this view of the matter it is apparent that like Rule 16.38 of  the Punjab Police Rules, the procedure prescribed in Regulation486 (1) (3) of the Regulations had to be confined to departmental proceedings under Section 7 of the Police Act and the High Court was clearly in error in taking the view that notwithstanding the provision contained in the proviso to Section 5A of the Prevention of Corruption Act and the undisputed fact  that the Inspector of Criminal Branch, Criminal Investigation Department, who conducted the enquiry in the instant case had been duly authorized by the State Government as contemplated by the said proviso, the investigation was vitiated in law on the ground that the said Inspector was not higher in rank  to the respondent as contemplated by Regulation 486(1) (3) of the Regulations. State of Uttar Pradesh and other vs. Surinder Pal Sindh, 1989 (1) S.L.R. 561.

32.              Mandatory—Departmental enquiry. The primary challenge  to these orders in on the ground that the procedure prescribed in Rule 16.38 of the Punjab Police Rules, as applicable to Haryana, has not been complied with the petitioner has been materially prejudiced by the said non-compliance. The precise argument is that on the basis of the preliminary enquiry held under sub-rule(1) of the said Rules, the District Magistrate concerned had to pass resoned order for not prosecuting the petitioner in judicial Court which otherwise is a the normal rule. A bare reading of this order manifestly indicates that the District Magistrate has not recorded any reson whatsoever for deviating form the normal course of launching a prosecution against the petitioner and ordering a no compliance of the requirements of sub-rule (2). The District Magistrate who has been arrayed as respondent No. 4  to this writ petition has not even cared to file a reply to the same.  Sarup Singh vs . State of Haryana and others, 1983(2)  S.L.R. 609.

33.              Misuse of power by police officer.  Rule 16.38 however, has no application where information of the commission of such an offence has been received by any Court. The Rule is , however, has on a salutary principle that a complaint of the commission of an offence against the Police  Officer should not be dealt with by the Police Administration itself and should be left to be dealth with by the District Magistrate, and where investigation discloses a prima facie case a judicial prosecution should normally follow unless the District Magistrate, for a reasons to be recorded, decides, that the officer concerned may be dealt with departmentally. It was, therefore, consistent with this Rule that Jain. J referred the matter for inquiry to the Chief Metropolitan Magistrate. The Chief Metropolitan Magistrate has found a prima facie case against two officers, has exonerated the third has given the benefit of doubt to the fourth .

 

I  would direct that the Commissioner of Police would initiate appropriate proceedings at his own level or at such lower but senior level as having regard to all the circumstances, he consider to be necessary to deal with the allegations made against the delinquent officers, who have been indicated in the two reports and who may otherwise appear to him to be concerned and to consider what steps are necessary to deal generally with the problem of misuse, abuse or excessive use of power by the Police officers and take such action as may be considered necessary by him.  Satpal vs. Assistant Commissioner of Police, 1984 (1) S.L.R. 613.

34.              Obligatory on the part of S.S.P to bring the case to the notice of District Magistrate. It was asked from the S.S.P why he did not bring this case to the notice of the District Magistrate as required by Rule 16.38 of the Punjab Police Rules. He could not give any proper reason in support of his. It may be pointed out that the provisions of Rule 16.38 of the Punjab Rules deal with holding of departmental enquiry as envised by Article311 of the Constitution of India. It was obligatory according to Rule 16.38 for the S.S.P to bring this case to the notice of the District Magistrate and it was for the District Magistrate to decide whether a departmental enquiry should be held or a criminal prosecution should be ordered. The S.S.P. failed to perform the statutory obligation. In my opinion, the S.S.P, has violated the mandatory provisions of Rule 16.38 dismissing the petitioner form service summarily without following of Rule 16.38.  mohinder Singh Cheema, Ex-Sub-Inspector vs. State of Punjab through Home Secretary, Chandigarh, 1990 (5) S.L.R. 90.

35.              Opinion of District Magistrate.   Rule 16.38 is really meant to have a completely objective and unbiased consideration by the District Magistrate whether a particular case relating to official relations of the Police with the public should be tried by a Magistrate having first class powers or investigated departmentally by the police authorities themselves. But there may be case which are not required to be forwarded to the District Magistrate.  Madan Gopa vs. The Punjab State, 1968  P>L.R 874.

36.              Order of Dismissal by an authority subordinate to the appointing authority.  There cannot be better case of illegality of the order that the author of the order himself felt that the order cannot be sustained. It is also clear that the Punishing Authority of the petitioner was D.I.G. as he was promoted under his orders. Consequently, the decision to dispense with the enquiry could be taken by the D.I.G. In this view of the matter the impugned order is illegal. There is no material on the file to show that the punishing authority was satisfied that it was not reasonably practical to hold enquiry against the petitioner. Therefore, the order of dismissal is arbitrary, unreasonable and capricious as it denies equality before law and equal protection to the person concerned and, therefore, violative of Article 14 of the Constitution of India. For this reason, the order of Dismissal form  service being violating of Article 14  of the Constitution is bad in the eye of Law. Ashok Kumar, Sub Inspector of Police vs. State of Punjab and others, 1990 (3) S.L.R. 127.

37.              Plaintiff purporting to exercise authority of a Police officer in plain cloths. Plaintiff purporting to exercise authority of a police officer an Devin if he was in plain clothes it does not mean that he was not purporting to act as a police officer  Union of India vs. Ram Kishan, 1972 S.L.R. 11.

38.              Police Department cannot pick and choose the cases for obtaining the sanction of District Magistrate. There has been no explanation at all why the petitioner’s case was not put up before the District Magistrate when the case of Kishan Chand was duly put up, the mere fact of his arrest or his having incited the Police Force demonstrating before the Home Minister’s residence would not make any distinction in principle. If in the case of Kishan Chand it was a case of his allegedly committing a criminal offence, on identically the same accusation against the petitioner and in exactly similar terms and his case was put up before the District Magistrate under rule 16.38 for his orders, the case against the petitioner also had to be similarly put up; in other words, the Police Department cannot pick and choose at its sweet will, the kind of cases which they would put up under Rule 16.38 to the District Magistrate for his orders when accusations were identically the same. Such a course, is permitted is likely to greatly undermine the confidence of the police force in their official superiors. Ram Karan vs. Union of India and others, 1975 (2) S.L.R. 683.

39.              Police Officer committing offence in relation to public.  Petitioner, a Police Officer, during performance of his duties came in to contact with the drivers of trucks which were stopped and not challaned by him. The petitioner committed a criminal offence under Section 217 India Penal Code. The Petitioner was proceeded against departmental without obtaining orders of District Magistrate to enquiry in to his conduct under rule 16.38 (1) of Punjab Police Rules.

Whenever a Police officer in the discharge of his official functions

comes  to have official relations with the public and commits a criminal offence in connection with those relation rule 16.38 (1) of Punjab Police Rules becomes applicable irrespective of the fact whether any member of the public was aggrieved of his conduct or not. It could not be contended that before rule 126.38 became applicable, member of the public should be aggrieved of the conduct of police Official. A  Police Officer by committing an offence in connection with his relations with a member of public fact be benefiting that person by not proceeding against him under the law when that person makes himself liable to be proceeded  against and so he may not be aggrieved of the conduct of the Police Officer.  Ajit Singh vs. Delhi Administration and others, 1973 (1) S.L.R. 1100.

40.           Procedure—Complaint against. Rule is mandatory for the investigation of cases

pertaining to departmental inquires and the holding of departmental inquiry in accordance with the procedure prescribed thereunder. Harishyam A.S.I vs. St ate of Punjab  1991 (3) RSJ 444.

41.              Promotion. Allegations some pending enquiry-Inaction on part of authorities for not making any steps for conducting alleged enquiry—Master of promotion kept in abeyance for a decade—Petition allowed. Sukhdev Sindh, Head Constable vs. State of Punjab and others, 1989 (2) RSJ 295.

42.              Prosecution—Offences committed by Police Officers. It may be noticed

that the three decisions of this Court which have been referred to above related to departmental inquires and not criminal prosecutions for offences committed by the delinquent police offices. The pronouncements in those cases will therefore govern only cases where departmental inquires are held in contravention of the procedure prescribed by  the Police Rules. The reason for a special procedure being prescribed  in the Rule for investigations before departmental inquiries are held against delinquent police officers is not  far off to see. N the very nature of their duties, the members of the police force would often stand exposed to criticism and complaints by not only the members o f the public but also by the members of the force themselves and consequently they stand placed more vulnerable than member of other. Government service, of being implicated in false or exaggerated charges. In order to protect them from false implication and resultant proceedings, the Government had thought it necessary to have initial screening of the Complaints received against members of the police force by the District  Magistrate. Such Screening  would however extend only to matters which fall within the Zone of departmental action and it could  never extend to cases where the offences alleged to have been committed would attract investigation under the Criminal Procedure Code in the same manner the investigation would be attracted if the offence complained of had been committed by any member of the public. That t he procedure prescribed in Rule 16.38 has only a limited  field of operation i.e applicable only to departmental inquires and punishments could be seen from the fact that clause 3  of the Rule enjoins every Magistrate to whom a complaint against a police officer is referred  by the District Magistrate for judicial enquiry to report the details of the case to the District Magistrate in order to enable the District Magistrate to forward the report to the Superintendent of Police. The clause further says that if the District Magistrate himself takes cognizance of a case, he should of his own accord send a report to the Superintendent of Police. Clause IV of Rule 16.38 also throws light on the matter an brings out the objective in greater clarity. This clause sets out that in order to protect the interests of police officers serving in districts where petition mongering activities are notorious, the District Magistrate can direct that all petitions complaining about police officers shall be presented to him personally so that he can scrutinize them to find out whether he petitioner are of a frivolous nature of they have been engineered by factious groups in the districts etc. in fact, the words used in the clause are of a tell-tale nature viz. “complaints against police officers in those districts where abuses of law with the object of victimizing such officers or hampering investigation in rife.

 

All these features make it clear that the purpose underlying the rule is to enable the District Magistrate and the District Superintendent of Police to exercise personal control and Superintendent over the complaints received against members of the police force in the performance of their duties and enable the District Magistrate of ensure that the complaint is not a baseless or by a selected Magistrate. The procedure envisaged by the Rule is for effective check being exercised against victimization of efficient and honest police officers on the one hand and favoritism being shown to the delinquent police officers on the other. These rules were not intended to replace and certainly cannot over-ride the provisions of the Criminal Procedure Code. The Full Bench was therefore in error in taking the view that the Rules lay down a special procedure for investigation of all offences committed by the member for investigation of all offences committed by the members of the police force and, that they have over-riding effect over the provisions of the Criminal Procedure Code in terms of Sections 4 and 5 of the Code. State of Punjab vs. Raj Kumar, 1988(2) S.L.R. 83

 

47.       Provisions are mandatory. As the mandatory provisions of the Police Rules 16.38 were not followed, it must be held that the departmental enquiry which was being conducted against the petitioner was altogether illegal and invalid. Air 1962 Punjab 38

 

48.       Resort to departmental proceedings. Provisions of Rule 16.38(1) and (2) being mandatory, compliance with the same is imperative. As provided by sub-rule (2) when on an inquiry under sub-rule (1) a prima facie case is established indicating the commission by a police officer of a criminal offence in connection with his official relation with the public a judicial prosecution is normally to follow. But the District Magistrate has been given power the order departmental proceeding instead, for reasons to be recorded by him. Failure to record reasons for proceedings departmentally instead of judicial prosecution, renders the order illegal. Nand Nandan Sarup vs. The District Magistrate, Patialal, 1966  Cur. L.J. 608= P.L.R. 747

 

49.Rule applicable only if criminal offence has been committed by a Police Officer “in connection with his official relations with the Public”. Rule 16.38 has no relevance to the facts of the persent case, and therefore, it has no application. Even a cursory reading of the language employed by the above quoted portion of Rule 16.38 shows that it is not every type of offence which is required to be brought to the notice of the District Magistrate. The plain reading of the rule suggests very clearly that the criminal offence which is required to be brought to the notice of the District Magistrate should be one which should b e found to have been committed “in connection with his official relations with the public”. Therefore, unless it is found that the criminal offence, which a particular officer is said to have committed, was committed by him in connection with his official relations with the public, no question of the application of Rule 16.38 would arise. Shri Bhagat vs. Inspector General of Police, Himachal Pradesh and others, 19793) S.L.R 256

 

            50. Rule mandatory.  If this rule is not meticulously followed in its letter and spirit, it could thwart the statutory right of a District Magistrate to order a departmental enquiry against a delinquent police officer for, if the investigation is made without a prior reference to him the evidence collected in the course of such an investigation could not be used against be used against the delinquent officer in departmental proceedings at a subsequent stage. An interpretation which destroys or diminished the allowed object of a statute should be avoided at all costs. As already stated the object of the Act is to make the police force a more efficient instrument for the prevention and detection of crime. The Act does contemplate the holding of departmental enquiries against negligent police officer. Rule 16.38(1) of the Rules in mandatory in character and the evidence collected in an investigation held in derogation of this rule cannot be used against police officer in a criminal prosecution. Raj Kumar vs. State of Punjab, 1976(1) S.L.R. 5.

 

            51. Scope. Rule 1638 relates to a criminal offence committed by a Police Officer in connection with the official business of the public. AIR 1956 Punjab 102.

 

            52. Speaking order—Departmental enquiry. The impugned order of the District Magistrate (Annexure P.3) is a self-contained order. It has not been passed in the context of any other notice or proposal by any other authority. The District Magistrate make a reference to the departmental enquiry  held against the petitioner under sub-rule(1), finds the charges to have been prima facie established an then suddenly in paragraph 2 of the order,  directs the initiation of a departmental enquiry against. Him No. reason whatsoever as required by sub-rule (2) for deviating from the normal course of prosecution has been recorded. Sarup Singh vs. State of Haryana and others, 1983(3) S.L.R. 585.

 

            53. Suggestion is not to be equated with the expression “dictate”. The District Magistrate is the superior most. The suggestions by the Superintendent of Police to the District Magistrate (an officer superior in rank) cannot be equated with ‘dictate’ or a suggestion ‘ meanigful or otherwise’. Rule 16.38(2) enjoins objectivity to the functions of the District magistrate, again in the larger public interest. It is another matter if that objectivity could be pointed out as utterly lacking of there  was no application of the mind. Since, Rule 16.38(2)  postulates judicial prosecution to be the normal course and departmental action to be an exception, it enjoins giving of reasons by the District Magistrate, if the normal course is to be deviated from. Ram Phal vs. State of Haryana and ors, 1980(3) S.L.R. 186.

 

            54. Tearing off the Rojanmcha by the police  Head Constable. A criminal offence was committed by the plaintiff in connection with his official relations with the  public  inasmuch as he owed a duty to discharge his official function which are in relation with the public. His tearing off the Rapat Rojnamcha is another offence in connection with his official  relations with the public inasmuch as Rapt Rojnamcha is a public record maintained in accordance with law and a police official  is not expected to tear it off. No substantial argument has been addressed to substantiate that the act committed by the plaintiff does not fall within the purview of Rule 16.38(1). All the ingredients for the applicability of the said rule stood satisfied. It has not been stated at the bar that any  of the ingredients was missing. State of Haryana and another vs. Surjan Singh 1990(2) S.L.R 88.

16-39.  Rules regarding proceedings against police officers reported to be habitually corrupt. In all cases in which a report imputing corruption to a police officer is brought on  to his personal file, character roll or fauji misal, an attested copy of the report shall be  furnished, under the orders of the officer maintaining the record in question, to the police officer concerned, and his receipt therefor shall be filed with the report in question.

 

16.40.  Method of dealing with charges of corruption.--- Charges of corruption shall be enquired into in the manner prescribed in this chapter for departmental enquiries generally. Charges of specific acts of corruption shall be thoroughly investigated by a competent officer, the provisions of rule 16.27 being utilized, if necessary, and the preliminary investigation shall be followed by judicial prosecution or a departmental charge according to the circumstances of each case. Departmental charges based on a general record of dishonesty may also be entertained in accordance with rule 16.25(2).

 

            It is further ordered that, if five reputable persons join in making a written complaint  regarding corruption, otherwise than in regard to a case in which they are personally interested directly or indirectly, concerning any police official, the departmental superior of the officer in question shall be bound to make full investigation and to inform the complainants of the result.    

 

SYNOPSIS

 

1.      Departmental Enquiry initiated without requisite permission.

2.      Sanction violative of the principles of fair play and natural justice.

 

COMMENTS

 

1. Departmental Enquiry initiated without requisite permission. The requirements of P.P.R. 16-40 is that further action  in each case is to be taken after obtaining orders of the Administration on completion of enquiries/investigation made by the Superintendent of Police, Anti Corruption. I desired the production of the original file in which the permission of the Lt. Governor under P.P.R. 16-40 for taking departmental action against the petitioner was obtained. The original file produced shows that permission for departmental action under P.P.R. 16.40 was granted by the Lt. Governor on 19th December, 1974. The action of instituting a departmental enquiry on permission under

P.P.R 16.40 Reghubir Singh vs. The Delhi Administration and others, 1981(1) S.L.R. 826.

 

2. Sanction violative of    the principles of fair play and natural justice. The District Magistrate on the report of the Sub-Divisional Magistrate  took a decision that neither departmental proceedings nor the judicial prosecution was called for. I called upon the counsel for the respondents to produce the enquiry report of the Sub-Divisional Magistrate as well as the decision of the District Magistrate. And I have been informed that those have been destroyed. The copy of the report of the Sub-Divisional Magistrate and the decision of the District Magistrate was to brought to the notice of the Lt. Government when  permission of the LT. Govrnor under P.P.R. 16.40 was obtained. The Lt. Governor was not even informed of the fact that a complaint containing identical allegations against the petitioner was enquired into by a Sub-Divisional Magistrate under P.P.R. 16.38(1). The Lt. Governor was also not apprised of the fact that the District Magistrate had taken a decision that no departmental proceedings be takne against the petitioner on the aforesaid allegations as those remained unsubstantiated. The obtaining of the permission from the Lt. Governor is this clearly vitiated as it violates the principles of fair play and antural justice. Raghubir Singh vs. The Delhi Administration and others, 1981(1) S.L.R. 826

 

16.41. Special rules or testings suspicions  of corruption in case  of upper subordinates.—When an upper subordinate is suspected of being generally corrupt, but definite charges cannot be farmed under rule 16.40 ante, such upper subordinate shall  ordinarily be transferred to another district. If  the Superintendent of that district arrives at a considered conclusion that the officer concerned is corrupt, the officer shall be called on to show-cause why his increment of pay an promotion should not be stopped until he had satisfied his superiors that he has reformed his habits.                                                                                             

FROM NO. 16.14(1)

PUNISHMENT REGISTER

 

1

2

3

4

5

6

 

 

 

 

OFFENDER

 

 

 

 

Annual Serial No.

 

 

 

Date

Rank and No.

Name

By whom punished

Nature of misconduct

Punishment

 

 

 

 

 

 

 

 

 

 

The reverse end of the register shall be used for entry of judicial punishments.

From no. 16.15(1)

POLICE DEPARTMENT                                                                                                                                                    DISTRICT

Punishment Return for the month of                                       19                   .

Punishments. – By the Criminal Courts.                                                                                No.                                         

                                                                                                                                                Dated                                      19                  

 

1

2

3

4

5

6

7

 

 

 

 

OFFENDER

 

 

 

 

Serial No.

 

 

 

Nature of Offence

Name

Rank

By what Court punished

Sentence Passed

REMARKS

 

 

 

 

 

 

 

 

 

 

 

By Police Officers

 

1

2

3

3

4

5

6

7

 

 

 

 

 

POLICE OFFICER PUNISHED

 

 

 

 

Serial No.

 

 

 

Date

Nature of misconduct

Name

Rank

Designation of officer making award

Punishment awarded

REMARKS

 FROM No. 16.16

POLICE DEPARTMENT                                                                                                                                                    DISTRICT

 

STATEMENT SHOWING PUNISHMENTS INFLICTED ON POLICE OFFICERS IN CONSEQUENCE OF CORRUPTION IN THE DISTRICT  DURING THE YEAR ENDING 31ST MARCH, 19                   

                                                   RANGE

 

1

2

3

4

5

6

Head of Department or office

Rank and designation of official punished

Charge

Punishment awarded, with the names of the officers who-

(a)   Conducted the enquiry and

(b)   passed the (original) punishment order

Orders passed in appeal or revision

REMARKS

 

 

 

 

 

 

 

 

 

The form should be completed in four parts as follows:-

A.    Departmental cases on charges involving bribery or some other form of  corruption –

I.                    Decided

II.                 Pending.

FORM No. 16.16 – Contd

 

B.     Cases in which an official has been dismissed on  charge not  itself involving corruption, but in which his general corrupt record has been taken into account in deciding what punishment should be given.

C.     Cases in which an officer is required to retire on completion of twenty-five years’ service under note 1 to article 464 of the Civil Service Regulations, on the basis of a reputation for corruption.

D.    Cases in which the pension of  a retiring official has been reduced by order under Section 470(b) of the Civil Service Regulations, on account of a reputation for corruption.

 

3.                  Where any case has been made the subject of proceedings in a criminal court, the fact should be indicated in the remarks column, with particulars.

4.                  Statements will continue to be compiled by the financial year. The returns , with the accompanying  reviews, should reach Government not later than the 15th May.

FORM No. 16.17

REPORT OF SUSPENSION

RE-INSTATEMENT FROM SUSPENSION

 

POLICE DEPARTMENT                                                                                                                                                     DISTRICT

 

Name of Officer

Rank and No.

Date of suspension and re-instatement

Appointment held when suspended

Brief reasons of Superintendent of Police for order passed

REMARKS

 

 

 

 

 

 

 

 

 

 

 

FORM No. 16.22(3)

ANNUAL SERIAL NO. IN PUNISHMENT REGISTER                                                            

19.                   DISTRICT

 

DATE                                                

 

 

Statement summarizing alleged misconduct                                                      -- at page

Prosecution witness 1                                                                                             -- at page

            Ditto 2                                                                                                            -- at page       

            Ditto 3                                                                                                            -- at page

            Ditto 4                                                                                                            -- at page

            Ditto 5                                                                                                            -- at page

            Ditto 6                                                                                                            -- at page

            Ditto 7                                                                                                            -- at page

            Ditto 8                                                                                                            -- at page

Formal Charge                                                                                              -- at page

Statement of accused                                                                                               -- at page

Defence witness 1                                                                                        -- at page

            Ditto 2                                                                                                            -- at page

            Ditto 3                                                                                                -- at page

            Ditto 4                                                                                                            -- at  page

            Ditto 5                                                                                                            -- at page

            Ditto 6                                                                                                            -- at page

            Ditto 7                                                                                                            -- at page

            Ditto 8                                                                                                -- at page

Finding by Order by                                                                                               -- at page

 

THE PUNJAB POLICE RULES

Volume - 3

CHAPTER XXI--PREVENTIVE AND DETECTIVE ORGANIZATION

 

21-1. Principles of the Criminal Law and Police Organization.-- The Criminal law of India and the Police organization which is based upon it, are both founded on the principle that public order depends essentially upon the responsibility of every member of the community within the law to prevent offences and to arrest offenders. The magisterial and police organization is set up to enforce, control and assist this general responsibility. This fundamental principle must be thoroughly understood and borne constantly in mind by police officers of all ranks, but more especially by gazetted officers and upper subordinates.

 

Instructions as to the general relations between police and Magistrates are contained in Chapter I of these Rules and some further detailed instructions are placed in this chapter. The ideal to be aimed at in respect of relations with the public is that every police officer, of whatever rank, should be regarded by ever law -abiding person as a wise and impartial friend  and a protector against injury to his person and property. In proportion as this ideal is approached, the police will receive the information and assistance which they need, in order to combat crime successfully. When confidence and co-operation are lacking, private persons and village officials resort to connivance at crime and to seeking redress for their own losses through treaty with criminals; the police are isolated in their efforts to prevent and detect offences, and can hope for but a small measure of success.

 

The proper relations between the police and the public in a district depend primarily upon the personal attitude of the Superintendent, and the example set by him and enforced upon his subordinates. The most important duties of a Superintendent are to know the people of his district and to know what his subordinates are doing. Such knowledge can only be gained by the fullest personal accessibility, activity in touring, thorough and intelligent supervision and a sympathetic interest in the life of the district and the facts and difficulties of the work of his own men. He must inspire confidence in his subordinates, at well as in the public. While alert to check tyranny, dishonesty and other abuses by his subordinates, he must be as accessible to them as to non-officials and ready at all times to help them in their difficulties and support them against the evil influences, which they have to face. This should be the attitude of all supervising officers. They should ensure direct access to themselves unimpeded by their subordinates, and must be ready to give a patient hearing to all complaints and grievance, but must avoid creating any impression of spying which would destroy the confidence and undermine the authority of their officers.

 

21-2. Ilaqa Magistrate--Relations with.-- The relations between the Ilaqa  Magistrate and the Police officers with whom he has to deal should be both cordial and intimate, and every opportunity shall be taken to keep him informed of the state of  crime in his Ilaqa Conference between Magistrates and police officers, at which difficulties on either side can be discussed and remedies devised, should be encouraged; police officers coming in with chalans should take the opportunity of   obtaining an interview with the Ilaqa Magistrate and discussing with him the state of crime in their jurisdictions; and prosecuting officers, who form a valuable link between the investigating officer and the magistracy, should be instructed to pass on to Magistrates an information of interest of importance regarding criminal matter on which they may be aware. When a Magistrate visits the local area of a police station, the Sub-Inspector should be make an effort to attend at his camp and should offer his assistance as well as discuss with him all matters concerning crime. It is, however, not intended that, in such cases, the Sub-Inspector should leave important duties in order to remain in attendance throughout the tour.

 

21-3. Zaildars, Inamdars, Headmen and Village  Watchmen.--(1) The conditions of appointment and removal, and the duties and remuneration of zaildars, inamdars, and headmen are set forth in the Land Revenue Rules (see Land Revenue Rule 9) with which gazetted and upper subordinate police officers should be familiar. While these village officials have many duties besides those connected with the suppression of crime, capacity to assist the criminal administration is one of the factors considered in making appointments, and failure in this duty is a ground for removal from office or forfeiture of emoluments. In the case of headmen, definite duties in respect of reporting and preventing offences are prescribed by the Criminal Procedure Code, and the Land Revenue Rules (see Land Revenue Rule 16 and 20) require them to attend the summons of all officers having jurisdiction in the estate in which they are appointed to assist all Government officials in the execution of their public duties; to supply information; to assist, if so ordered by the Collector, in the provision on payment of supplies of transport to Government officers on duty, and generally to represent the people of their estates in their relation with Government. Zaildars and inamdars are required by the Land Revenue rules to report to the police heinous crime and the presence in the zails of bad characters; investigations and arrests; to see that headmen perform their duties properly; to notify all orders of Government in their zails and to obey all such orders as require their personal obedience to exert their influence to secure within their zails prompt obedience to all orders of Government; to assist all Government officers in the execution of their duties, to supply them with information and to attend them when they visit their zails.

 

(2) It is the duty of gazetted police officers and inspectors to take particular note of the work of zaildars, inamdars and headmen. These officials should be encouraged in the performance of their duties and suitably rewarded when they do well; serious or persistent neglect of duty should be brought to the notice of the Superintendent, and by him to that of the District Magistrate. In the periodical inspections of police stations mention shall always be made of the degree of assistance received by the police from the zaildars and other village officials of the jurisdiction, and of particularly meritorious work or noteworthy dereliction of duty on the part of individuals.

 

(3) Gazetted officers should from time to time, record remarks in the books kept for the purpose by zaildars and inamdars regarding the extent to which such officials fulfil the purpose of their appointment in so far as the police are concerned. Notes may also appropriately be made by gazetted officers in the police station minute book (Register No.13) and in Part IV of Village Crime Books regarding particular zaildars, inamdars and headmen.

 

(4) The village watchmen, or chaukidar, is a village servant whose chief duty is the watch and ward of the village. He is required to carry reports for the headmen, to assist him in tracing offenders and to make arrests ad authorized by law. He is responsible to the District Magistrate for the performance of his duties.

 

Chaukidars are also the agency for the reporting of births and deaths occurring in the rural tracts. For the purpose of recording vital statistics they attend at the police station within the jurisdiction of which their villages are situated at certain appointed times, and these occasions are made use of to disseminate items of news and orders connected with the preventive and detective duties of the village officers.

 

The rules regarding the appointment, dismissal, powers, duties and responsibilities of watchmen are framed by Government under Section 39-A of the Punjab Laws Act of 1872.

 

21-4. Duties of Police under local and special laws.--Many of the most important and most frequently exercised functions of the police derive from local and special laws. In some cases powers so derived have been specially referred to in different chapters of these rules, but, irrespective of such references, a knowledge of the provision of all local and special laws, more or less comprehensive according to the duties of his rank, is required of every trained police officer.

 

The constitution of the Police Force itself rests on a special law, the Police Act (V of 1861). The administration of the Excise Act, in co-operation with officials of the Excise Department, is one of the most important of the duties of the police. Under this Act, all police officers of and above the rank of head constable are invested with the powers of excise officers 1st class, and all constables with those of excise officers, 3rd class. The control of crime, especially in rural areas, depends largely upon the Punjab Laws Act, the Registration of Habitual Offenders Act and the Criminal Tribes Act. The Arms act contains cognizable offences of first class importance, and imposes on the police important duties in connection with the inspection of licenses. The Cantonment and Municipal Act impose very extensive and varied duties upon police officers serving in areas to which they apply in relation to the enforcement of bye-laws of all sorts. The powers and duties of the police in relation to fires also emanate from the Municipal Act. The same Act, together with the Hackney Carriage Act, Indian Motor Vehicles Act, Prevention of Cruelty of Animals act and certain sec-control of traffic. The Indian Extradition Act governs the dealings of the police in respect of criminals with Indian States. Many other Acts give powers or impose duties in respect of arrests, custody, search and inspection in relation to particular classes of offence.

21-5. Absconders and Harbourers.--(1) A Vital factor in both the detection and prevention of crime is the execution of the law in respect of absconding and harbouring. The provisions of the law are adequate to prevent both these offences but their proper and comprehensive administration demands the constant attention of Magistrates  and supervising police officers. The absence or prevalence of absconding and harbouring are among the acid tests of the efficiency of the criminal administration. Instructions as to the taking out and execution of warrants when persons, whose arrest is required, are not immediately found, are contained in rule 26.5. This is the first essential. Under Section 87, Code of Criminal Procedure, any Court may at any time issues a proclamation against persons for whose arrest that court has issued a warrant. All that is necessary is that the court should be satisfied, not necessarily by evidence, that the said person “has absconded or is concealing himself so that such warrant cannot be executed”. The court may further at any time after proclamation “order the attachment of any property, moveable or immovable, or both, belonging to the proclaimed person”. The period of thirty days mentioned in Section 87, Code of Criminal Procedure, is that within which the absconder is called upon to surrender, it imposes no delay on the issue of attachment order. The issue of a proclamation under Section 87, Code of Criminal Procedure, renders liable to the penalties of Section 216,  Indian Penal Code, any one who gives to the person proclaimed any assistance of the nature described in Section 52-A,  Indian penal Code.

(2) The action prescribed in rule 26.5 for obtaining a warrant of arrest shall be taken by the police immediately they have grounds for making such arrest. Every reasonable efforts to execute such warrant shall then be taken. If such efforts fails, the court which issued the warrant must be satisfied that the warrant cannot be executed; evidence of the guilt of the wanted man in the offence under investigation is not required. When a proclamation order has been obtained, the police are bound to publish that order as required by Section 87(2), Code of Criminal Procedure. Immediately this has been done that requirements of Section 87(3), Code of Criminal Procedure, shall be complied with. Thereupon, the person wanted becomes a “ proclaimed offender” and the rules in Chapter XXIII regarding the entry of such person's name in the surveillance register, list of proclaimed offenders, notices to village headmen and watchmen of all places where he has connections or which he is likely to visit etceteras shall be forthwith complied with.

(3) The procedure of search under warrant and proclamation shall be carried out in every case in which a wanted person cannot be immediately arrested without warrant  by the investigating officer. Discretion may be exercised by both the police and Magistrates whether to proceed with attachment of property under Section 88, Code of Civil Procedure, in every case, where there is danger of more crime resulting from and absconder remaining at large and attachment order shall be immediately applied for. The police are not authorized to carry out attachment, but it is the duty of the prosecuting branch to see that the necessary orders issued from the court without any delay, and of the officer conducting the investigation to take steps to prevent the improper alienation of attachable property by fictitious mortgage or sale. For this purpose lists of such property should be made, as part of the investigation, and attached to the police file of the case, and the village headman concerned should be directed to report any attempt at alienation or removal pending the issue  of attachment orders. The lists of property prepared by the investigation officer, attested by competent witnesses, should be put into court with the application for an attachment order.

(4) To prevent harbouring, without which no absconder can remain at large, thorough publicity in regard to the issue of a warrant and subsequent proclamation order is essential. If this receives proper attention, the defence of ignorance is denied to the persons who can be proved to have rendered any sort of assistance to an absconder.

21-6. Reports and records.--In order that continuity in the method of administration outlined in rule 21.1 may not be lost owing to changes of personnel, the proper maintenance of those reports, records and notes which review the history of the criminal administration of a district, or from which information regarding individuals and past  events may be obtained, in essential. Apart from personal records of police officers, police station records and inspection notes, referred to in other chapters o these rules, such records comprise:-

(i)                 Transfer of charge memoranda (rule 21.7).

(ii)              Confidential note books (rule 21.8).

(iii)            Weekly diaries I and II (rule 21.9 etc, seq).

(iv)            Monthly crime reports (rule 21.15).

(v)               Annual Police Administration reports (rule 21.16).

(vi)            Annual reports on the administration of the Criminal Tribes Act (rule  21.18).

(vii)          Reports on political events or meetings (rule 21.19).

(viii)       Reports on important fairies and festivals ( rule 21.20).

21-7. Transfer of charge memoranda.--(1) Every Superintendent and Deputy Inspector General shall, before leaving a district or range on transfer, or otherwise record a memorandum containing all necessary information for the guidance of his successor and for the preparation of the annual administration report.

 

(2) The following are some of the matters to be attended to in taking over charge of a district and in preparing the memorandum mentioned in sub-rule (1) above:-

(a)               State of contingent allotments and adequacy or inadequacy under different heads of the budge;

(b)               Additional police, existing and proposed;

(c)                New buildings or repairs required;

(d)              Pending cases o importance;

(e)               Confidential records and correspondence;

(f)                 General state of crime;

(g)               Organization of preventive and detective operations including special mention of the duties of the Central Investigating Agency and modus operandi office, and current measures of co-operation between the police and public for the prevention of offences;

(h)               Proclaimed  offenders and dangerous and active gangs;

(i)                 Matters noted at the Deputy Inspectors-General's inspection as requiring attention;

(j)                 Custody of keys of cash chest, confidential box, ect.;

(k)               Notes on the character and capabilities of oficers;

(l)                 Note of three men in the rank of head constable, selection grade constables and time scale constables car-marked for the next ensuring officiating or substantive promotion vacancies;

(m)            Punishment files pending;

(n)               Vacancies and suggestions regarding recruiting.

21-8. Confidential note-book.-- There being many matter connected with the police administration of a district which find not place in office register, and a record of which is necessary, both for the Superintendent's  own information and for the benefit of succeeding officers, every Superintendent shall maintain a “confidential note book”. The details given below shall, among  other, find a place in this note-book, each successive Superintendent adding to and revising in his own notes, the information on record; and Deputy Inspector-General shall, at their inspections, examine the books and comment on the adequacy or otherwise of the notes recorded. The book shall be in two parts as follows:-

PART-1

(a)               Villages specially notorious for the bad character of their inhabitants.

(b)               Names of zaildars, safedposhes, lambardars, etc, good or bad, who have come prominently to notice, with brief notes regarding them.

(c)                Names and brief accounts of noted or professional political agitators or reference to their files.

(d)              Names and brief accounts regarding specially notorious bad characters and, in cattle thieving districts, of the chief “ Rassagirs”.

(e)               Notes on matters connected with the administration of the Criminal Tribes Act.

(f)                 Notes of fairs, periodical religious procession and other local gatherings with reference to the file explaining the police arrangements necessary at each.

(g)               A list of capable detectives and intelligence agents among lower subordinates with reference to the special qualifications of each.

(h)               Other matters of permanent interest.

An index to the contents in Part I shall be maintained on the first page, as many pages as may  be considered necessary being allotted to each subject. Subject to the above rules the information may be recorded by Superintendent in any form they deem most convenient. It should be as concise as possible, a reference being given to other files or previous papers for more detailed information.

 

PART II

 

PART II shall be in the form of a permanent file containing the making over charge referred to in rule 21.7.

 

21-9. Superintendent's weekly diary No.1.--(1) Superintendent shall submit a weekly diary on Saturdays in Form 21.9(1) through the District Magistrate to the Deputy Inspector- General. Unless the diary contains matter which the Deputy Inspector- General considers it expedient to bring to the notice of the Commissioner or Inspector- General, it shall be returned direct to the Superintendent of Police.

 

(2)              If   the    District    Magistrate    is    absent   from   duty   the    diary   shall   be submitted direct by the Superintendent of Police to the Deputy Inspector- General.

 

(3)              Every   Assistant   or   Deputy   Superintendent  on tour or inspection duty, and every  Probationary  Assistant   Superintendent shall submit a diary in this form  to the  Superintendent .  Such diaries shall not be forwarded to the District Magistrate or  Deputy  Inspector. General  unless the Superintendent has special reasons to do so.

 

(4)              Diaries  shall  be  regarded  as  confidential  communications,  and  shall not be sent  into  officers,  and  shall  be  forwarded  by  District  Magistrate  and Deputy Inspector- General without delay.

 

21-10. Weekly Diary No. I--Contents of.-- Diaries shall be paragraphed. Each paragraph shall bear a weekly serial number, and the following matters shall be entered in them:--

 

(a)               All matters of importance connected with the police administration of the district.

(b)               Comments on the state of crime in the district and important cases under investigation or trial.

(c)                Matters of special interest connected with the discipline and conduct of the force.

(d)              Inspection and touring work performed by gazetted officers.

 

21-11.  Weekly Diary No. I--Check list of.-- A check register of weekly diaries shall be kept by each range Deputy Inspector- General.

 

21-12.  Weekly Diary No. II--Channel of submission.--(1) Five copies of confidential diary No. II in form 21.12.(1) shall be prepared each week by Superintendent Police. These copies shall be dispatched punctually on Saturday evenings [vide serial No. 3 of Appendix No. 11.39(1)] and should be marked 'Immediate'. The first copy will be retained for record, the second copy will be sent direct to the Deputy Inspector- General of Police of the rang, the third and fourth copies will be sent direct to the Assistant to the Deputy Inspector- General of Police, Criminal Investigation Department, and the fifth copy will be sent through the District Magistrate to the Commission. If the Commissioner or the District Magistrate have recorded any comments on the fifth copy, the Commissioner will forward it to the Deputy Inspector- General of Police of the range, who will add his own comments, if any, and transmit the diary to the Assistant to the Deputy Inspector- General of Police, Criminal Investigation Department. If neither the Commissioner nor the District Magistrate have any comments to record the diary shall be destroyed by the Commissioner. Action, if any taken on the advance (second) copy of the diary by the Deputy Inspector- General should normally be confined to addressing the Superintendent of Police concerned. If it is desired to record remarks for the information of higher officers, this may be done either on the copy received from the District Magistrate and the commissioner, or by means of a separate reference. The Assistant Inspector- General, Government Railway Police, shall submit a diary, in duplicate, in the same form direct to the Assistant to the Deputy Inspector- General of Police, Criminal Investigation Department.

 

(2)               Office copies of confidential diaries shall be kept for three years, or for such longer period as the Superintendent of Police considers desirable.

 

(3)               The advance (second) copy of the confidential diary should be kept by the Deputy Inspector- General of the Range concerned for three year.

 

21-13. Weekly Diary No. II--Comments of.-- The following are among the matters which should be mentioned in the confidential diary.

 

(a)               Information regarding political movements, parties, leaders, publications, and the like.

(b)               Information regarding religious sects, changes in doctrine and practice having a political significance, proselytism, or preaching of a provocative nature.

(c)                Information regarding foreigners and others, the reporting of whose movements and activities has been ordered or is considered necessary.

(d)              Information regarding current rumours or topics of interests, which are causing or are likely to cause animosity between classes or disturbance of public tranquility.

(e)               Police opinion regarding the legislative or executive measures of Government.

(f)                 Noteworthy movements of population, whether emigration or immigration.

(g)               Political or religious meetings and celebrations which are important either intrinsically or by reason of public speeches, propaganda and the like associated with them.

(h)               The effect of public opinion of current discussions in the press.

 

21-14. Weekly Diary No. II--Miscellaneous order regarding.-- (1) Every confidential diary shall be written on half margin, and every separate subject shall be entered in a separate paragraph, and each paragraph shall be numbered seriatim.

 

            (2) To ascertain and to report correctly the prevailing temper of the people is one of the most important duties a Superintendent has to perform.

 

            (3) When an entry in a gazetted police officer's diary, or in the confidential diary, concerns the police of a district. Other than the one from which it is submitted, the Superintendent by or through, whom it is submitted, shall state whether he has, or has not, communicated the facts direct to the Superintendent concerned.

 

21-15.  Monthly Crime Report. -- (1) The   monthly   crime   statement   in   Form 

21-15 (1) shall be prepared in every district, on the first of each month. On receipt of this statement together with such further statistical information as may be prescribed from time to time, the Superintendent shall personally compose a brief review of the state of crime in the district, both in regard to its main divisions and generally. Noteworthy features in the monthly statistics shall be commented upon, and references shall be made to the progress and development  of any special measures for combating crime. The review with the full statement by police stations shall be attached to the first weekly diary submitted in the month, and a copy, with an extract from the statement showing district totals only, shall be sent direct to the Deputy Inspector- General to reach him by the 5th of the month without fail.

            (2)        On receipt of the extracts mentioned in sub-role (1) above each Deputy Inspector- General shall prepare on similar lines to the district reports a consolidated range report, and submit it on or before the 15th to the Deputy Inspector- General, Criminal Investigation Department. Copies of the range report shall also be sent to Commissioners  of Divisions included in the range, who will forward their copies, with their comments, if any, to the Inspector- General of Police, and to all Superintendents of Police in the range, who will show their copies to District Magistrates.

 

21-16.  Annual Police Administration Reports. -- (1) Every Superintendent shall prepare and dispatch to the District Magistrate an Annual Administration Report in January of each year for the previous calendar year. The Assistant Inspector- General, Government Railway Police, shall also submit his Annual  Administration Report in January to the Inspector- General, through the Agent, North-Western Railway.

(2) Each district report shall be forwarded as follows: --

by the Superintendent to the District Magistrate on or before the 20th January,

by the District Magistrate to the Deputy Inspector- General on or before the 31st January.

The district reports (without the returns) shall, as they are received, be forwarded by Deputy Inspector- General, accompanied by any marginal remarks considered necessary, to Commissioners by whom they will be returned to Deputy Inspector- General on or before the 20th February.

 

They will then be forwarded by Deputy Inspector- General to the Inspector- General with a covering letter containing comments on any improvements in methods of working, outbreaks of crime affecting more than one district, or other matters of interest not specifically mentioned in any district and the returns prescribed for the whole range on or before 1st April.

 

(3) Every Superintendent and the Assistant Inspector- General, Government Railway Police shall also submit direct to the Inspector- General an advance copy of the annual report and the returns appended to it, on or before the 20th January.

 

21-17.  Annual Report--Form of. -- (1) The report should consist of concise and inteligent criticism of facts and of the figures given in the prescribed returns. No mere paraphrasig and reproduction of statistics should be allowed in the body of the report. Variations in the figures, which are not unusual or important, should not commented on. The briefer a report is the better, if it includes all that is necessary to show an intelligent comprehension of the meaning of the facts and figures and of the salient features of the year's work. The object of the report is to state what has been done rather than to suggest what should be done. Matters of the latter nature should be reported in separate official latter. Any such comment or suggestion which is considered necessary in the annual report should be as brief as possible, especially where the matter is complicated or controversial.

(2) Lists of subjects to be reported on, the returns to be submitted, and detailed instructions for their preparation are printed and issued every year by the Central Police Office. No alternation in, or additions to, the printed forms shall be made without a reference to the Inspector- General.

 

21-18.  Criminal Tribe Report. -- (1) Each Superintendent of a district shall prepare an annual report on the working of the Criminal Tribes Act in his district for the calendar year. The subjects to be reviewed are given in Appendix 21.18(1) and blank forms for the printed statements required to accompany the report are supplied by the Deputy Commissioner, Criminal Tribes. Rule 21.17(1) shall apply to the preparation of this report also.

(2) The latest date for submission of the Criminal Tribes Report shall be: --

(a)               by the Superintendent to the District Magistrate; 1st March.

(b)               by the District Magistrate to the Deputy Inspector- General; 15th March.

(c)                by the Deputy Inspector- General to the Commissioner; 1st April.

(d)              by the Commissioner to the Deputy Commissioner, Criminal Tribes; 15th April.

(3) Each Superintendent shall forward a copy of his annual Criminal Tribes Report to the Assistant to the Inspector- General of Police for Criminal Tribes to reach that officer by the 1st March, each year.

(4) The Deputy Commissioner, Criminal Tribes, is required to prepare a consolidated report for the province, which is due with Press not later than June 25th. The report, when printed, is due to reach Government through the Inspector- General of Police by August 15th.

 

21-19.  Public Meetings. -- (1) It is the duty of Superintendent of Police for the accurate reporting of the proceedings of all political and other public meetings held to discuss matters which are likely to disturb the public tranquility. To this end they shall encourage officers to learn Urdu shorthand. If the meetings to be reported are of provincial importance, Superintendent of Police may request the assistance of the Superintendent of Police, Political, Criminal Investigation Department, or if none are available, will arrange with the Deputy Inspector- General of the Range for the deputation of a stenographer from another district in his Range. At meetings at which inflammatory speeches are considered likely, arrangements shall also be made to have official and non-official witnesses present who may be available in the event of the prosecution of any of the speakers being undertaken.

 

When meetings are obviously of importance in connection with a particular form of agitation or when the speeches at them appear to be actionable, a detailed report shall be sent immediately to the Assistant to the Deputy Inspector- General of Police, Criminal Investigation Department, with a list of the official and non-official witnesses present. Report in such cases shall be forwarded with the confidential weekly diary to the Deputy Inspector- General of the range for information. Superintendents of Police are responsible that the reports of all meetings are written in clear and intelligible English. Reports should show the classes present at the meetings and estimate the effect of the speeches on the audience.

 

The police have the right to attend public meetings with a view to (i) preventing any infringement of the law or, (ii) taking evidence with a view to the possible prosecution of law breakers. All public meetings can therefore, be attended by police reporters, but as the right of entry may at times be questioned or even forcibly resisted by the organisers. It is important, when such tactics are apprehended, that a sufficient body of police in uniform should be deputed to discourage opposition. Recourse may also be to the procedure enacted in Chapter III of the Punjab Criminal Law (Amendment) Act III of 1932.

 

21.20.Reports of fairs and festivals. -- (1) Every Superintendent in whose district any fairs or public assemblies of importance are to take place shall, on the 1st December in each year, submit a list of such fairs and assemblies for the year next ensuing with the date or dates on which they will be held, to the Inspector-General for publication in the Police Gazette.

 

(2) on the termination of important fairs and festivals, Superintendents shall submit a report in From 21.20(2) dealing briefly with the prominent features of the fairs; crime occurring in connection with it; conduct of the police; accidents or fatalities occurring, if any, and the existence of any excitement of a political or religious nature etc. Such reports shall be submitted through the District Magistrate to the Deputy Inspector-General of the range, who will at his discretion forward them through the Commissioner to the Inspector-General of Police. Events of immediate importance shall also be reported promptly and by telegram if necessary, by the Superintendent direct to the Deputy Inspector-General of the range and the Deputy Inspector-General , Criminal Investigation Department.

 

21.21. Political and communal activities in relation to law and order.--Rule 2.19. lays upon Superintendents of Police the duty of watching and reporting on political or communal movements as such. As part of his general duty to maintain touch with the progress of activities, which may have consequences likely to disturb public tranquility, it is incumbent upon every officer in charge of police station and officer superior thereto, to keep himself fully informed of all developments or offshoots of such movements in his jurisdiction. To this end such officers must know the persons who take the lead in such matter, and the attitude towards them of men of influence. As soon as any such movements shows signs of developing on lines which are likely to cause animosity between sections of the people and breaches of the peace, or to be otherwise clearly subversive of law and order, the Superintendent, in consultation with the District Magistrate, shall take such action as may be most appropriate to the occasion, but when the activity is political rather than communal and no orders of Government cover the case, ordinarily a reference should be made to Government before measures to check it are set in motion. Police officers of all ranks are required to refrain absolutely from personal participation in political or communal affairs; they are not concerned with the merits of such controversies, but solely with the maintenance of the public peace. In the category of personal participation, however, acquaintance and maintenance of touch with communal leaders is not included. Relations of this kind may help Superintendents and other gazetted police officer to prevent the development of communal trouble and the occurrence of open disputes, and may enable them on occasions to bring leaders together with salutary results for the settlement of minor causes of friction, with which the District Magistrate need not be troubled in their initial stages.

 

21.22. Religious procession.--(1) Periodical public religious processions shall not be permitted to proceed along new routes without the written sanction of the District Magistrate.

 

(2) When periodical public religious procession is about to take place the Superintendent shall acquaint himself with the police arrangements made in past years and shall make necessary arrangements in consultation with the District Magistrate, following, as far as may be, the procedure previously adopted.

 

(3) In each district a separate file shall be kept of each periodical public religious procession  showing the strength and disposition of the police force employed and the average number of persons attending the procession.

 

(4) Whenever a license is granted for a procession there shall, if possible, be a plan of the route on the back of license. All licenses granted shall be in From 21.22(4).

 

(5) The Superintendent shall not grant a license for an important public religious procession of a novel character or on an occasion when public felling is excite, without taking the orders of the District Magistrate.

 

(6) When  a procession other than one of regularly exercised custom is allowed to take place any sums necessary to defray the cost of barriers, additional police and the carriage of such police shall be deposited with the Superintendent by the managers of such processions before the license is granted.

 

21.23. Press advertisements.--(1) The newspaper press shall be used as a medium both for advertising police regulation affecting the public and for enlisting the assistance of the public in the investigation of crime.

 

Examples:-

            (i)        Traffice regulations and directions for festivals and

                        official function.

           

            (ii)       Descriptions of wanted offenders or lost

                        property, especially when a rewards is offered.

 

 

In both classes of publicity referred to in this rule, press advertising shall be supplemented, when considered advisable, by posters for affixing to notice boards and leaflets for wholesale distribution. Advertising shall be in English or vernacular or boot, as may be most appropriate in each case.

 

(2) The charges for the publication of Government advertisements in newspapers shall be met from police contract contingencies. With regard to printing of posters and leaflets the instruction contained in rule 11.57(3) should be followed.

 

21.24. Criminal Intelligence gazetted--Notice for.-- Notices of novel or professional offences and memoranda embodying the shifts and artifices of criminals shall be sent for publication the Criminal Intelligence Gazette for general information. Such notices shall be sent direct to the Assistant Inspector-General, Crime and Criminal Tribes, Criminal Investigation department, and shall be in narrative or other form, as far as possible, ready for the press.

 

21.25. Appointment to Criminal Investigation Department.--(1) Upper and lower subordinate posts other than those of inspector in the Criminal Investigation Department shall be filled by the deputation of suitable men from districts for periods three years extensible by not more than two years at a time at the discretion of the Deputy Inspector-General Criminal Investigation Department.

 

(2) A police officer on deputation to the Criminal Investigation Department will  retain his original position in the cadre of his district or range. While in the Criminal Investigation Department he will be eligible for officiating promotion in that branch; on reversion from the Criminal Investigation Department he will assume his place in his original cadre. Officiating promotion may be given in the district or range in the place of an officer deputed to the Criminal Investigation Department, such officiating post lapsing on the officer's reversion.

 

(3) When an officer borne on the rolls of district or range reach, a place in seniority which would entitle him to be considered for substantive promotion if he were serving in the establishment to which he belongs permanently, he shall be informed and given the opportunity of returning to district police work. No officer on deputation to the Criminal Investigation Department shall be substantively promoted to head constable or higher rank unless both the Deputy Inspector General, Criminal Investigation Department and the Deputy Inspector General of the range to which he belongs agree that he is qualified for such promotion by all the prescribed standards.

(4)  The Deputy Inspector General Investigation Department, may make recommendation on behalf of sub-inspectors serving under him to the Deputy Inspector General of the range and the Inspector General of Police, respectively, for promotion to the selection grade or admission to List F.A sub-inspector who becomes eligible while serving in the Criminal Investigation Department for grade promotion in the selection grade, shall receive such promotion, if the Deputy Inspector General of the range and Criminal Investigation Department agree that he is fit for it.

 

(5) Annual reports on upper subordinates serving on deputation in the Criminal Investigation Department shall be sent by the Deputy Inspector General, Criminal Investigation Department, to the range Deputy Inspector General concerned for record and other necessary action.

 

(6) In very exceptional cases and for the political branch only and with the written sanction of the Deputy Inspector General personally, direct enrolment as constable or in higher ranks, may be made to the Criminal Investigation Department. Specialists shall, however, when possible, be entertained on contract terms, so that their services may be dispensed with when their utility cases or deteriorates.

 

21.25. Discipline in the Criminal Investigation Department-- The Deputy Inspector General, Criminal Investigation Department, shall have complete disciplinary control over all police officers while serving in the Criminal Investigation Department.

 

21.26. Duties of Criminal Investigation Departments.-- The following are the chief duties of the Criminal Investigation Department in so far as they affect the district police:-

 

i.                    To promote co-operation between the police of different districts and different provinces.

ii.                 To undertake or assist in the investigation of cases or classes of crime which have provincial or inter-provincial ramifications of the Inspector General or Deputy Inspector General, Criminal  Investigation Department, considers that such action is in the interests of the criminal administration.

iii.               To watch and report on all communal, political and subversive movements affecting the province and India as a whole; to maintain close co-operation with district authorities in all such matter and to direct investigation connected with them.

iv.               Through the medium of the Criminal Intelligence Gazette:-

 

 

(a)   to check crime by the prompt publication of information of the prevalence of a particular class of crime and of the absence from their homes of dangerous criminals;

(b)   to secure the detection and arrest of persons wanted for offences committed.

(c)    to  trace property stolen and recovered.

(d)   to  act generally as an agency for disseminating intelligence likely to aid the police in their work.

(v)               To collect, co-ordinate and disseminate political and criminal intelligence.

(vi)            The Criminal Tribes Branch to deal with all aspects of the control of Criminal Tribes which fall within the sphere of the Inspector-General of Police as prescribed from time to time by the Provincial Government.

 

 

21.27. Requests for service of officers of Criminal Investigation Department.-- The services of investigating officers of the Criminal Investigation Department may be asked for by Superintendents of Police in any case of the following nature:-

 

(a)               Note forgery, counterfeit coining or professional poisoning cases where the conspiracy appears to extend to other provinces and there is not a suitable staff to deal with them in the district.

(b)               Theft of Government arms and ammunition and illicit trade in arms.

(c)                Extensive frauds and bogus company promoting.

(d)              Case of dacoity concerning more than one district.

(e)               Organised traffic in women.

(f)                 Case of such a technical nature as, in the opinion of the District Superintendent of Police, appear to call for the services of an officer of the Criminal Investigation Department.

 

The Deputy Inspector-General of Police, Criminal Investigation Department, shall decide in each such case whether he can comply with the request of the Superintendent of Police.

21.28. Status of Criminal Investigation Department Officers in investigations:-

The Criminal Investigation Department has no separate jurisdiction and can only investigate under the cover of a First Information Report registered at a police station having jurisdiction. The Deputy Inspector-General of Police, Criminal Investigation Department, may decide to take over the control of any particular investigation him self or to depute one or more of his officers to work directly under the control of the Superintendent of Police of the district concerned. In either case, the latter officer has the right to be kept fully informed of the progress of the investigation. All case diaries written by officers of the Criminal Investigation Department shall be forwarded to the gazetted officer of the Criminal Investigation Department under whom the are working through the Superintendent of Police, advance copies being sent direct if so ordered.

 

 

(2)               When dealing with cases in conjunction with the district police, officers of the Criminal Investigation Department must bear in mind that it is indispensable to gain the confidence and good will of the local police and to avoid giving cause for jealousy.

 

(3)               When good results are obtained full credit must be given to district police officers for any share they may have had in the work and, when results are unsatisfactory, care must be taken not to criticise the local police unfairly.

 

(4)               All recommendations, made by officers of the Criminal Investigation Department for rewards for exceptionally good work done in cases wholly or partly investigated by officers of the Criminal Investigation Department shall invariably be submitted to the Deputy Inspector General through the Superintendent of the district concerned who may add any recommendation or remarks he may consider necessary.

 

21-29.  Criminal Investigation Department -- No control over district police. -- Officers of the Criminal Investigation Department shall have no control or executive authority over the district police except in an emergency and within the powers vested in them by their rank in the provincial police force.

 

All matters affecting the discipline of or rewards to, and complaints against, the district police, shall be referred by the Deputy Inspector General of Police, Criminal Investigation Department, to the Deputy Inspector General of Police of the range concerned.

 

21-30.  Prosecution of cases investigated by the Criminal Investigation Department. -- The consent of the Deputy Inspector General, Criminal Investigation Department, shall be obtained before an officer of the department is presented as a witness in court. Criminal Investigation Department officers shall advise and assist the district investigating and prosecuting offices in the conduct in court of cases in the investigation of which they have shared.

 

21-31.  Rules of the Criminal Investigation Department. -- The full rules of the Criminal Investigation Department are contained in the Manual of that department.

 

21-32.  Circumstances in which Criminal Investigation Department can assist investigating officers. -- The Criminal Investigation Department is in possession of special apparatus and its officers include those accustomed to the handling of certain branches of police technique. Investigating district police officers and Superintendents of police should remember, therefore that the Criminal Investigation Department is in a position to give assistance in circumstances such as are described below :-

 

(a)               the reconstruction of faded writing;

(b)               the examination of arms and bullets used in crime;

(c)                the examination of minutiae such as hairs, pieces of skin, dust, etc.;

(d)              the solution of ciphers;

(e)               the examination of forged documents, counterfeit coins and moulds;

(f)                 the photographing of important documents;

(g)               the interrogation of suspects from other provinces;

(h)               the connection of local suspects with suspects of other district or provinces;

(i)                 when an opinion on handwriting is required to assist the investigation;

(j)                 where invisible inks are suspected to have been use.

 

Such matters shall only be referred to the Criminal Investigation Department in important cases when other evidence sufficient for the purpose of the case concerned is no forthcoming. In important cases the Criminal Investigation Department will enlist the aid of scientific persons outside the police department.

 

The department is also ready, when circumstances permit, to assist district police officers with technical advises on the spot as to the discovery and preservation of clues at the scene of crimes and can sometimes loan apparatus and qualified operators thereof for these and similar purposes.

 

21-33.  offices of Criminal Investigation Department to report to Superintendent of Police. --  Ordinarily, when anofficer of the Criminal Investigation Department is sent to a district to take up inquires, and invariably, when he is sent to investigate a case, he will take with him a letter addressed to the Superintendent of Police, or senior office present at headquarters, describing the nature of the work on which he is sent and, when necessary, asking for his assistance. When directed to do so he will also call on the District Magistrate.

 

21-34.  Organization of police in towns and cities. -- (1) In each district the Superintendent of Police shall issue standing orders regulating the point and beat duty to be carried out in each town and cantonment for which police establishment is provided. These orders shall be in accordance with the principles set forth in rule 2-2(2) and shall be revised as often as may be necessary to meet variations in the local incidence of crime, development of new residential or commercial areas, increase in establishment and the like. The division between the investigation and clerical staff and the watch and ward staff shall be maintained as far as is practicable, though inter-change of duties should be made. Men, even though qualified, should not be employed on the investigation staff while posted to the watch and ward staff, except in cases of emergency, as such employment must detract from the efficiency of the watch and ward system.

 

(2)        The success of a system of watch and ward in a town or city will depend on --

 

(a)               the discipline of the men on beat the patrol duties;

 

(b)               the extent to which the mean have been instructed in their duties;

 

(c)                the amount of supervision exercised by superior offices. Superintendent of police must therefore arrange that, in addition to the standing orders referred to in the above rule, head constables and constables are frequently questioned so as to ensure that the training they have received in the lines school and at the Police Training School is not forgotten but put into practice. Each constable or beat or patrol duty should

 

21-35.  Central Investigating Agency. -- (1) In order to assist the Superintendent of Police and his supervising staff in co-ordination the preventive and detective work of the District Police and in order to act as clearing house for criminal intelligence for the use of investigating offices in the district and in other districts a Central Intelligence Agency shall be established in each district. This body shall be formed from the establishment sanctioned for the district for the prevention and detection of crime. Officers of different ranks shall be selected for service in the C.I.A., in the light of their intelligence efficiency and practical experience of preventive and detective work in a police station. In order to promote co-operation and the inter-change of ideas between the C.I.A. and police station staff no officer shall ordinarily remain more than two years at a time in the C.I.A. No officer shall be appointed to the C.I.A. who is not well educated and who has not an unblemished reputation for honesty.

 

The functions of the Central Investigating Agency are :-

 

 

(a)               The preparation of crime maps relating to offences against property classified under the methods employed by the criminals.

(b)               The receipt, consideration and filing according to classification, of information received from investigating offices.

(c)                The comparing of the date collected under (a) and (b) and the communication of any deduction therefrom to the investigation offices concerned.

(d)              The preparation of a crime index f cases from the materials collected under (a) and (b) classified according to; (1) methods employed by the criminals and (2) various clues provided by the criminals such as nicknames used; special clothing worn; peculiarities of the culprits noticed by witness; special weapons used; special signals used etc. etc.

(e)               The preparation of a crime index of criminals. This shall normally be in two parts.--

(i)                 an index of names of known criminals classified according to their methods of operating;

(ii)              an index of known criminals classified according to their peculiarities of appearance, gait, speech, nicknames, etc.

(f)                 The provision of information by means of which the Superintendent of Police may be assisted in controlling the crime of his district, forestalling outbreaks of crime and directing preventive operations.

(g)               The publication of a weekly Criminal Intelligence Gazette.

(h)               To co-ordinate and guide the efforts of police station staff throughout the district in securing the arrest of absconders and proclaimed offenders and in locating absentee bad characters, criminal tribesmen and other untraced persons and to maintain close co-operations with the C.I.As. of other districts in this work.

(i)                 When information received from records or otherwise indicates that a series of cases, whether in the jurisdictions of one or of several police station, is the work of the same criminal or of a gang to co-ordinate or, under the orders of the Superintendent of Police, direct the investigation of such cases.

 

 

The Primary function of a Central Intelligence Agency is to assist Station House Officers and their staffs. A. C.I.A. can only afford assistance effectively, if it is continuously supplied by Station House Officers with detailed information about the movements of bad characters and peculiar features of cases. Information so received shall be examined, compared, and classified by the C.I.A. Information of general use of Station House Officers and neighbouring districts and deductions from it shall be disseminated as speedily as possible through the C.I.A. Gazette or, in case of urgently, by special circular. Information which is of value to a particular police station only or clues in local cases shall be communicated immediately to the particular officers or officer concerned, who shall be held responsible for making proper use of it.

 

The C.I.A. shall be in charge of one of the District Inspectors. A room shall be provided for it in the officer of the Superintendent of Police which is conveniently situated in relation to the rooms of the Superintendent of Police and Gazetted Officer. These officers and their readers and officers of the prosecuting branch and all Station House Officers and investigating officers visiting headquarters shall make a practice of visiting the C.I.A. room regularly, studying the records of crime and criminals which are available there, exchanging information with each other and with the C.I.A. staff and concerting measures for the better control of criminals through the agency  of the records and machinery of the district Police.

 

All investigating officers in the district shall be encouraged to visit the room where the Central Investigating Agency functions when they visit headquarters and to discuss their cases with the personnel of the Central Investigating Agency.

 

(2) The instruction concerning the examination of scenes of thefts and burglaries and the particulars required to be submitted in the case of all such offences to the Central Investigating Agency are given in Appendix 21.35(2), and the various modus operandi forms to be used are detailed below:-

 

(a)               Case Index Card in Form 21.35(2) (a) for different (M.O).

(b)               Criminals Index Card in Form 21.35(2) (b) (white for males and pink for females).

(c)                Descriptive Index Card in Form 21.35(2) (c) (white for males and pink for females).

(d)              Deformity Index Card in form 31.35(2)(d) (while for males and pink for females).

(e)               Particulars of persons arrested for offences against property in Form 21.35(2)(e).

(f)                 Property Card lost or stolen--in Form 21.35(2)(f) (blue).

(g)               Property Card lost or stolen --in Form 21.35(2)(g) (pink).

 

21.36. Range mobile traffic patrols --Duties of.--For each range of the province at least one mobile traffic patrol, consisting of a inspector, a sub-inspector and two constables, has been sanctioned for the control and checking of traffic on the roads of the range. These patrols shall be under the direct control of Deputy Inspectors-General who shall be responsible for so directing their movements and activities as to obtain the maximum effect.

 

The duties of these shall be:-

 

(a)               The checking at irregular intervals on different roads of all motor licenses to drive and to ply for hire. At these inspections of  licenses  the officer-in-charge of the patrol shall satisfy himself that all licenses are up-to-date and that all vehicles have paid the taxes imposed under the Punjab Motor Vehicles Rules, 1915, the Punjab Heavy Motor Vehicles Rules, 1931, and the Punjab Motor Vehicles Plying for Hire Rules,1922.

(b)               The reporting in Form 21.36(b) of offences under the above-mention ruled and under the Indian Panel Code to the prosecuting agency of the district concerned with a view to the prosecution of the offenders.

(c)                The checking at irregular intervals and on different roads of dangerous driving at specific places on the roads where furious or dangerous driving is likely to result in accidents. This shall be done by the watching of specific points on dangerous portions of the roads and the checking of the speed of cars passing and their manner of negotiating such places. Motor vehicles moving recklessly, furiously or in a manner against the rules of the road shall be stopped, their numbers and the names of the drivers with other particulars noted and the cases reported for prosecution.

(d)              The checking of motor vehicles plying for hire on the occasions mentioned in (a) and (c) above, with a view to ensuring that the conditions of their licenses with regard to the safety and comfort of passengers have been complied with.

(e)               The rendering of first aid to the injured and all possible assistance in serious motoring accidents and the noting of all particulars in such cases when the patrol should happen to be in the vicinity.

(f)                 The giving of assistance in the instruction of traffic police of smaller districts.

(g)               The continuous warning and advising of drivers of all kinds of vehicles who may be observed infringing the rules of the road.

(h)               The reporting of offences against Municipal or District Board bye-laws in connection with the overloading of hours-drawn vehicles plying for hire, etc.

(i)                 The reporting of cases of cruelty to animals when Section 34 of Act V of 1861 applies.

(j)                 The organisation, in conjunction with owners, drivers and any of their associations of methods for the improvement to traffic control and the prevention of offences.

(k)               The acquisition of knowledge on all matters connected with traffic an motor vehicle transport sufficient to enable them to keep in touch with and report on any innovations, developments or unusual situations within their jurisdiction.

 

For this purpose it will be necessary for them to maintain  a confidential register by districts containing notes on the following:-

 

(1)               Routes carrying motor vehicle transport.

(2)               The number of public motor vehicles on each route and their relation to the public demand

(3)               Unions and their working.

(4)               Lorry stands.

(5)               Regular bus services and their working.

(6)               The working of any system of monopolies that may be in force.

 

21.37. Traffic patrols.--Duties of Inspectors of .--(1) Inspectors in charge of mobile traffic patrols are required to have a working knowledge of motor mechanics and shall have received training in traffic control. They shall report all cases notices by them of bad work on the part of constables on traffic control to the Superintendent of the district concerned.

 

(2) They shall submit a daily diary to the Deputy Inspector-General of Police in Form 21.37(2)(A) and shall maintain a ' working account ' in form 21.37(2)(B) on each motor vehicle showing the mileage done and the petrol and oil consumer with, in each case, a reference to the entry in the daily diary of Inspector. The repairs carried out to the vehicle shall be shown in the ' Remarks, column.

 

(3) All bills for petrol, oil and repairs shall be submitted separately for each vehicle to the Superintendent of Police of the district on which the petrol is based and, in the case of the Central Range Patrol, to the Assistant Inspector-General, Traffic. The Superintendent of Police concerned and the Assistant Inspector-General, Traffic, will check the bills with the 'working account' and the speedometer of the patrol vehicles before sanctioning payment.

 

21.38. Range mobile patrols-Co-operation of District Police.--Each district in which range mobile patrol operate shall place two constables from the traffic staff at headquarters at the disposal of the inspector while the latter is within the district. These men may be taken by the patrol to the headquarters of the next district when necessary, but shall be returned at once with a note from the officer-in-charge  giving the duties performed by them and the date and time of their release. They shall return to their headquarters by rail or road as convenient. These men shall be used as far as possible for giving evidence in cases so as to obviate the necessity of the regular members of the patrol being taken off the road to attend courts.

 

                                    APPENDIX No.21:18(1)

 

            Subjects to be discussed in the District Criminal Tribes Reports

 

Serial                                                              Subjects

 

No.

 

1.                  Mention the tribes registered in your district under the Criminal Tribes Act (Act III of 1911).

2.                  Remarks on the general behaviour during the past year of each such tribe and state whether any of the members are settling down to an hones livelihood. Note if there are any signs of improvement or the reverse.

3.                  With regard to the absentees shown in column 19 of Statement I, mention whether any and what facts have been ascertained, indicating the locality to which such absentees have proceeded.

4.                  Mention the number of members of notified criminal tribes whether exempted or registered who were convicted of offences under Chapter XVII, Indian Penal Code, or under the security sections of the Criminal Procedure Code, or under the Criminal Tribes Act.

 

Note:- Information under Serial Nos. 2 to 4 above to be given Separately for each tribe on the order given on column 1 of Statement 1.

 

5.                  Mention the amount paid during the past year for rewards for the arrest of absentees under Rule 15.17.

6.                  Mention any special measures taken to enforce responsibility of lambardars and chaukidars in connection with reporting the presence or absence of members of criminal tribes.

7.                  Mention in sufficient detail any cases in which inadequate punishments appear to have been inflicted especially in the cases of re-convicted offenders for certain specified offences under the Indian Penal Code, punishable under Section. 23 of the Criminal Tribes Act, III of 1911, with a minimum sentence of 7 year's rigorous imprisonment. In this connection it must be remembered that in all convictions under Section 24 of the Criminal Tribes Act (under which clause the larger majority of police cases under the Act are dealt with) imprisonment must be inflicted.

8.                  Remarks on the Finger Print System as applied to members of criminal tribes and the results obtained therefrom.

9.                  Remarks on the procedure followed in connection with  the control of wandering gangs and others not yet registered under the Act.

10.              Mention any other matter deserving the notice, regard being paid to the orders contained in P.G.C.C. No.3.

 

 

APPENDIX No. 21.35(2)

INSTRUCTIONS CONCERNING THE EXAMINATIONS OF SCENES OF THEFTS AND BURGLARIES AND PARTICULARS REQUIRED TO BE SUBMITTED IN THE CASE OF ALL SUCH OFFENCES TO THE CENTRAL INVESTIGATION AGENCY.

 

The scenes of all offences under Chapter 17, Indian Penal Code shall be most carefully examined as soon as possible, by the investigating officer who, in cases of theft (except cattle theft) and burglary, shall attach a site inspection report with the first case diary irrespective of the fact whether the accused are known, unknown arrested or at large. This site inspection report on arrival at headquarters shall be passed on without delay to the Central Investigating Agency.

 

In the case of offences against property, other than theft and burglary, no site inspection report need by prepared unless the scene of the offences presents such peculiarities as make such a report desirable or unless a report is called for by the officer in charge of the Central Investigating Agency.

 

The object of a site inspection report is (a) to enable other officer who have not been to the spot to visualise the scene (b) to permit of an intelligent study of the ways and methods of the particular criminal by the Central Investigating Agency (c) to en-suggest identity of the accused responsible for the particular case under investigation. Obviously after a deliberate study of the scene. A list of points that should find mention in site inspection reports is given below, but the list is by no means exhaustive and is extended merely as a guide.

 

                                    A.--Burglaries of all kinds

 

1.                  Number of the First Information Report; date; section of the offence; police station and district.

2.                  Time and date of (a) occurrence, (b) report to the police.

3.                  Special circumstances, if any, concerning the time and date of occurrence (e.g. fair, festival, or evening meals, etc. etc.).

4.                  Place of occurrence, with distance and direction from (a) police station, (b) railway station and (c) main road.

5.                  Nature of locality (i.e. dwelling house, office, mosque shop, etc., etc.) and its relation to the rest of the village or town.

6.                  Name, address, profession and status of the complainant.

7.                  Class of property attached.

8.                  Class of property removed.

9.                  Number of room entered by the accused and whether or not they were occupied at the time.

10.              Whether or not property was removed from the particular room to which the accused first gained admittance.

11.              Any clue left to indicate whether the accused worked in the dark or by means of a light.

12.              Particulars of any belongings of the accused left by him on the spot.

13.              Any boxes, safes, almirahs, etc. Containing articles of value overlooked by the accused and not touched by him and if so their locality.

14.              Precautions, if any, adopted by the accused during the commission of the offence to guard against  surprise (such as chaining of door, etc.).

15.              When property removed was last seen at the place from which it was stolen.

16.              Finger-prints:- Description of traces of finger:-prints found, their exact position and steps taken for their preservation, development, photograph, transfer, identification, etc.

17.              Foot-Prints.--(1) Number of foot-prints found, (a) leading to the spot (b) on the spot,(c) leading from the spot and deduction therefrom as to the number of culprits involved (2) direction from which the accused came and direction in which they went. (3) Distance to which tracks leading (a) to and (b) from the scene were followed (4) Measurements (in inches) of individual foot-prints. (5)Precaution, if any, adopted by the accused to conceal their foot-prints. (6) Whether moules, etc., taken or not and, in latter case reason for failure to do so.

18.              Opinion as to whether accused were expert or amateurs and class of society to which they belonged and reasons, in support thereof.

19.              Means of transport, if any, employed by the accused for the removal of property.

20.              Any other clues or matters of importance requiring mention.

 

IF ADMITTANCE TO THE HOUSE OBTAINED BY MEANS OF

                                     A HOLE IN THE WALL.

 

21.              Condition of the wall (kacha, pacca burnt bricks, stone etc).

22.              The exact situation of the hold and its relative position, with regard to doors, windows, ventilators, etc.

23.              Shape of the hole (illustrate by diagram).

24.              Height of the base of the hold from the ground (a) outside and (b) inside.

25.              Exact measurements (in inches) and not in ungals or other such unauthorised measurements of the hole (a) outside and (b) inside.

26.              Thickness of the wall where hole made.

27.              Side to which excavated earth was thrown.

28.              Details of marks left by instrument used and inference drawn

29.              therefrom as to the nature of the instrument.

30.              Whether room in which hole was made was occupied or not at the time.

 

IF ADMITTANCE WAS OBTAINED BY LOCK BREAKING OR

                                                LOCK OPENING

 

 

31.              Type of lock broken.

32.              If opened by key any indication as to whether key used was (a) the original one and if so how accused obtained possession of it, (b) duplicate, (c) skeleton or false.

33.              If lock forced (a) give particulars of marks on it and inference drawn therefrom as to the instrument used and (b) state if lock is still in working order.

34.              If lock intact and hasp or chain wrenched out, state the type of instrument that appears to have been used.

 

IF ADMITTANCE OBTAINED BY MEANS OF A HOLE IN ROOF

 

35.              The construction of the roof (whether kacha, pacca, thatched' etc., etc.).

36.              Any indication as to how the accused ascended the roof.

37.              Position of hole (whether adjoining beam, in one corner, etc., etc.

38.              Whether room beneath was occupied or not.

39.              Whether property was removed from the room in which hole was made.

40.              Means employed by the accused to descend into the room below.

41.              How earth removed was disposed of and precautions adopted by the accused to prevent earth from falling into the room below.

42.              Any other matters of importance requiring special mention.

 

IF ADMITTANCE OBTAINED BY ANY WAY OTHER THAN THOSE

                                                MENTIONED ABOVE

 

43.              How admittance was gained.

44.              If admittance gained by closed windows or ventilators, give particulars to indicate how bars were forced or glasses broken and means adopted by accused for preventing noise.

45.              If culprit scaled the wall (a) state means employed (i.e. rope leather, bamboo, water pipe, etc.) (b) give particulars of marks, if any, let on the wall.

46.              If admittance gained through a drain give dimensions and position with respect to the rest of the house.

47.              If admittance gained through a chimney give similar particulars.

48.              In case of admittance obtained by deceitful means, threat force, etc., give details of story told by suspect.

 

 

IN THE CASE OF DAY LIGHT BURGLARIES

 

49.              State whereabouts of the owner at the time of the commission of offence.

50.              Precautions, if any, taken by the accused or his associates to divert the attention of neighbours away from the house attacked.

 

B.--Thefts of all kinds

 

The same particulars as for burglaries, where applicable, together with a brief report of the facts.

 

 

 

                                                IN CASE OF PICK-POCKETING

 

1.                  Means employed by culprit (i.e.) razor, blade, knife etc.)

2.                  The position of the picked pocket (waist-coat, inner pocket of coat, etc.) an its contents.

3.                  Position of other pockets and contents which were not touched.

4.                  Reasons, if any for believing that the accused had associates.

5.                  Means adopted to distract the attention of the victim.

 

FORM No. 21.9(1)

PUNJAB POLICE                                                                             DISTRICT

                                    WEEKLY DIARY No.1.

For week ending Saturday.                                                                                    19

Despatched by Superintendent on                                                                                   

Despatched by Deputy Commissioner on                                                                      

Despatched by Deputy Inspector-General on                                                    

Returned by Commissioner                                                                                              

 

                        STATEMENT OF CRIME REPORTED BY “F.I.R.” UPTO WEEK

                        ENDING SATURDAY                                                         19

 

 

CASES REPORTED UPTO

                  DATE

DIFFERENCE

 

Serial No.

Police Station

 

 

 

 

 

 

 

 

 

 

 

Cases reported during past                              week

19.         

19.

More

Less

REMARKS

                              Total

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMPARATIVE STATEMENT OF HEINOUS OFFENCES REPORTED

 

Murders       ..

 

 

Riots            ..

 

 

Dakaities     ..

 

 

Burgalies    ..

 

 

 

 

 

 

 

 

 

 

DISPOSAL OF POLICE CASES IN WEEK ENDING                             19

 

                                SENT FOR TRIAL

                    DECIDED IN COURT     

Cases and

Persons

 

 

During the

    week

Pending from

  Last week

Total

Convicted

Discharged of        acquitted

Pending

Pending over one

Month

 

Cases    ..

 

 

Persons ..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Serial No.

Subject

                                               REMARKS

 

 

Details of working of preventive sections during the past week

 

 

Persons

106,107,C.C.P

109,C.C.P

110, C.C.P.

Total

 

 

 

Sent for security

 

Convicted

 

Discharged

 

Pending at end of week

 

Convicted during the year up to date

 

Convicted on corresponding

Date of pervious year

 

Number of persons on

Security on date

 

Number of persons on

Security on corresponding date of

Previous year

 

 

 

 

 

 

 

 

FORM No.21.12(1)

POLICE         DEPARTMENT                                                                    DISTRICT

CONFIDENTIAL

                        Weekly Diary No. II for week ending                                          19

 

                                                            Acknowledgment of Secret Abstract         ..1

                                    Certificate regarding Cypher Code and Key word        ..2

                                                                                                                                               

 

Date                            19                                                        Superintendent of Police

 

( REVERSE )

POLICE                                                         19                                DEPARTMENT

 

Weekly No.II

                                                                                                                        DISTRICT

 

For the week ending                                                            19

Received by Inspector-General on the                            

                                                                                                           

 

 

FORM No. 21.15(1)

COMPARATIVE STATEMENT OF REPORTED CRIME DURING THE MONTH                                      AND

            FROM THE 1ST JANUARY 19                    TO THE END OF                 19

            (To be attached to superintendent's first weekly diary in each month.)

 

 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

 

 

 

 

Murders

 

Dakaities

 

Burglaries

 

All Reported Crime

Exclusive of Security Case

 

 

Serial No.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

District

Or

Police

Station

Period

(A or B)

19

19

19.

19.

19.

19.

19.

19.

Plus or

Minus

Number

Of Persons

On security

Under section 1C.C.P.

Number of cases pending in court for over one month exclusive of security cases

 

Percentage  column 14 bears to total Police cases reported during past month

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

           

            A.-- The figures for the past month.

            B.-- The figures for the year upto date, to be written in red ink.

 

Superintendent or  Deputy Inspector-General

 

 

Dated                                                                                                                                                                        

            The                                        

 

 

 

FORM No.21.20(2)

POLICE    DEPARTMENT                                                             DISTRICT

 

Report of a fair held at                                                        District.

 

(1) Local Name of fair or assembly                                                          

(2) Object of Fair or Assembly                                                                  

(3) Average daily attendance                                                                    

(4) Number of days the fair lasts                                                              

(5) Noteworthy particulars:-

(6) remarks by District Magistrate and Deputy Inspector-General to follow:-

 

Dated the                               19                    Countersigned

                                                                                                            Superintendent

 

Magistrate of the District

(Bilingual Standard Form)

FORM No. 21.22(4)

 

POLICE  DEPARTMENT                                                                                                                                                   DISTRICT

License No.                                                                                                                                                                           District

Free of a fee

 

            WHEREAS                                                                                        have applied for a license under section 30, Act V of 1861, the following license is granted.

 

License for                                                                 On the occasion of                                                   at                                             On                               under Section 30 of Act V of 1861 (Police Act).

 

1

2

3

4

5

6

7

8

9

10

Names and description of licensees

 

 

 

 

 

 

 

 

 

Period for which the license is valid

Place or area for which the license is granted

Place and time of commen-cement

Place and time of conclusion

Route to be followed (to be given in detail)

Places and periods of halts, if any

Kind of music allowed and the places (if any), where it would not be played

Officer in charge of the procession

REMARKS

 

 

 

 

 

 

 

 

 

 

 

·        If there are more licenses, their names, should be entered.

In the remarks column shall be entered all particulars which it is necessary to prescribe, but  for which a special column is not provided e.g., height of tazias in Moharram processions.

 

Dated the                   19.                               Seal.                            Supdt. of Police

 

1.                  This license is granted subject to all the provisions f the Police Act (No. V of 1861) and subject to strict observance of all terms and conditions of the license.

 

2.                   This licensees and the processionists generally, shall comply with any orders issued by the magistrate or other Officer in charge of the procession with regard to --

 

(a)               the speed of the procession;

(b)               any changes of route decided on by the Magistrate or the Officer-in-charge of the procession; and

(c)                any orders deemed necessary such as stopping of music, speeches or songs etc., at specified places.

 

3.                  The license shall be promptly shown or surrendered on demand by the Magistrate of Police Officer of and above the rank of Officer-in-charge of the Police Station.

4.                  It shall be subject to cancellation by the Officer who granted it.

5.                  The licensees severally and individually shall be present throughout and shall be responsible for rendering all assistance in their power to the Police in maintaining order at the place of the meeting or on the route of the procession  and for compliance by the members of the meeting or procession with all the conditions of the licese or any order issued accordance with these conditions of the license or any order issued in accordance with these conditions. This responsibility rests upon the licensees whether they happen to be present or not at any particular time or place during the course of the procession.

6.                  Special conditions (if any).

 

Certificate of receipt from licensees.

 

I/We the undersigned have received this license and undertake to abide by the conditions therein inserted.

 

 

 

 

FROM No. 21-35(2) (A)

 

CASE INDEX CARD.

 

Head                                                                           Sub-head                                           Index No.                   Police Stn.                   FIR No.                                  Date                Law and Sec.                                                                                                                       

 

Facts in brief particularly those showing method.

 

 

            ( Reverse )                                         ( Reference )

Name and alias                                             Name Index Card No.                                           

 

Parentage and address                                 Photo album No. Page

 

Caste and trade or occupation                     P.R. No.                                                                  

 

Description                                                    Index Card No.                                                       

 

Deformities and Peculiarities                     Index Card No.                                                       

 

                                                                                                                                   

 

 

NAME

Aliases or Nicknames

No.

 

Parentage

Residence

Caste occupation

 

HEIGHT

 

Date of birth

Ft.            In

Build

Eyes

Hair

Complexion

Hair on face

Description Index No. ____

Deformity Index No. _____

Marks and peculiarities                                                                                                                                         

 

 

1.                                                                                                                                  C.I. No.                                                         

2.                                                                                                                                  C.I. No.                                                         

3.                                                                                                                                  C.I. No.                                                         

4.                                                                                                                                  C.I. No.                                                         

5.                                                                                                                                  C.I. No.                                                         

6.                                                                                                                                  C.I. No.                                                         

7.                                                                                                                                  C.I. No.                                                         

8.                                                                                                                                  C.I. No.                                                         

            P.R. No.                                              Photo Vol.                             Page                                     

(Reserve.)

Method

CRIMINAL HISTORY

 

FORM No. 21-35(2) (c)

No.                                         

 

DESCRIPTIVE INDEX CARD

 

(To be indexed by height and where this is identical by age and so on)

 

 

Height                                                                                                 Date of birth                                                            

Build                                                                                                   Eyes                                                                          

Hair on head                                                                                                  Hair on face                                                             

Complexion                                                                                                             

Identification marks (scar, etc )                                                                             

Gait, speech an manner                                            Deformity Card No. (if any                                                          

                                                                                                                                                (Reverse)

 

Dress                                                                                                                         

Deformities                                                                                                              

Name                                                                                                                                    

Parentage                                                                                                                 

Criminal Index Card No.                                                                                       

Deformity Index Card No.                                                                                     


 

 

FORM No. 21-35(2) (D)

DEFORMITY INDEX CARD

 

Class                                                                                                                                                                          

Sub-Class                                                                                                                                                                  

Nature of Deformity                                                                                                                                               

Name                                                                                                                          Parentage                                        

Residence                                                                                                                                                                 

Criminal Index Card No.                                                                                                                                       

 

FORM No 21.35

 

(To be completed by Investigating Officer and sent to the Criminal Investigating Agency immediately and arrest is made for offence under chapter 12 or 17, Indian Penal Code).

1. Police Station                                                                                                                                                       

2. F.I.R. No and date                                                                                                                                               

3. Section                                                                                                                                                                  

4. Name of accused and aliases                                                                                                                            

5. Parentage                                                                                                                                                             

6. Caste                                                                                                                                                                     

7. Trade or profession                                                                                                                                            

8. Residence (Original/Present)                                                                                                                           

9. Description                                                                                   Height                                                                       

Date of birth                                                                                      Build                                                             

Eyes                                                                                                    Hair                                                               

 

FORM No 21.35(2)(e). - contd.

Complexion                                                                                                                                                             

Particulars identification marks                                                                                                                           

Gait, speech and manner                                                                                                                                       

Dress                                                                                                                                                                         

Deformities and peculiarities                                                                                                                               

Habits and weakness                                                                                                                                             

10. Female acquantances                                                                                                                                       

11. Associates in crime                                                                                                                                           

12. Position occupied in the gang and importance generally as a criminal                                                  

13. Receivers with whom he deals                                                                                                                                   

14. Relatives                                                                                                                                                             

15. Persons likely to afford him shelter                                                                                                               

16. Convictions                                                                                                                                                        

17. Suspicions since last arrest                                                                                                                              

18. Grounds for arrest                                                                                                                                            

19. Remarks regarding his criminal activities and method                                                                             

 

                                                                           

                                

                                                                                                       Signature of Investigating Officer.

 

Date of submission of report                                            

 

 

 

 

 

FORM No 21.35(2) (f)

 

Lost

Stolen

 

  Name of article                                                                                                                                                      

Local or Punjabi name                                                                                                                                           

Marks of identity                                                                                                                                                    

Date of loss                                                   from whose possession place                                                       

Owner's name and address                                                                                                                                               

Persons suspected (if any), his mode of disposal                                                                                                         

Under what circumstance lost (Report at Police Station)                                                                                 

 

------------------------------

 

FORM No 21.35 (2) (g)

Method

PROPERTY CARD

Recovered

Name of article                                                                                                                                                        

Local or Punjabi name                                                                                                                                           

Marks of identity                                                                                                                                                    

Date of recovery                                           from whose possession and place                                                           

Action taken against possessor                                                                                                                            

Circumstance under which recovered                                                                                                                 

Method of disposal                                                                                                                                                

 

 

FORM No 21.36(b)

REPORT OF OFFENCE UNDER THE MOTOR VEHICLE ACT

                      Counterfoil                                                                             Date                                        

Serial number                                              

Police Station or Post                                             

Cross reference to Intimation Book                                              

District                                                          

Police Report or complete to a Magistrate for action

 

 

1

2

3

4

5

6

7

8

9

10

Name and posting of the officer making the complaint or report

Temporary address of accused

Permanent address of accused

Whether the accused is in custody, on bail or recognizat-ion or has been otherwise intimated

Date on which the accused is required to attend court

Number of driving license sent with challan or the driver's number in the case of tongas

Registered number of vehicle

Section and rule

Brief description of the charge and the circumstances under which the offence was committed

 

 

 

Names and address of any withnesses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 21-36. (b). -- Contd.

 

Forwarded to                                                                                                                        (Incharge of the Traffic Staff)

(Signature) -----------------------------------------

                                                                                                                                                            (Station House Officer)

 

Forwarded to                                                                                                Magistrate                                        

                                                                                                                        Prosecuting Deputy Superintendent of Police

                                                                                                                                    Prosecuting Inspector of Police

 

Class                                                                                                               through the                                                  

                                                                                                                                    Prosecuting Sub-Inspector of Police

                                                                                                The accused has the following convictions on record                                    

                                                                                                                        Signature                                                                  

                                                                                                                                    (Officer-in-charge of the Traffic Staff)

 

Foil                                                                                                                                                                            

Serial No.                                                                                                                                                                  

Cross reference to form L. Tem (Police)                                                                                                              

Name and posting of the police officer makng the complaint or report                                                       

Name of accused                                                                                                                                                     

Temporary address of the accused                                                                                                                      

Permanent address of the accused                                                                                                                                   

No. of any driving license impounded                                                                                                               

Registered number of vehicle                                                                                                                               

Number of original permit and Regional Transport Authority by which it was issued                            

 

 

REPORT OF OFFENCE UNDER THE MOTOR VEHICLES ACT

 

 

Particulars of the offence with section and rule                                                                                                                         

Date of forwarding of report                                                                                                                                                         

Name of any witnesses Name of any witnesses                                                                                                                                    

Conviction slip                                                                                                                                                                                

Serial number                                                                                                                                    Date                                      

 

                                                                                                                                    Result of Trail

 

Name of accused                                                                                                                                                                             

Temporary address of accused                                                                                                                                                    

Offence charged                                                                                                                                                                              

Order of the Court                                                                                                                                                                          

                                                                                                                                                Signature                                          

 

Whether the driving license has been suspended, if so, for what period                                                                               Whether details of section or Act and Rule have been enforsed on driving on driving license                                                 Returned to                                                                                                                                                                                     

                                                                                                                                    (In charge of the Traffic Staff)

 

                                                                                                                                                            Signature                                          

                                                                                                                                    Prosecuting Deputy Superintendent of Police

                                                                                                                                                                                                                       

                                                                                                                                    Prosecuting Inspector of Police                                    

                                                                                                                                    Prosecuting Sub-Inspector of Police

 

 

Returned to                                                                                                               . The necessary entries have been made in the Traffic Office records.

 

 

No.                                                                             

Name and address of accused                                                                                                                  

Registration number of vehicle                                          Section and rule                                                     

Brief particulars of offence Brief particulars of offence                                                                                    

Regional Transport Authority by which original permit was issued                                                                        

Brief particulars of Magistrate's order with date                                                                                                           

Forwarded to the Regional Transport Authority                                                                                                          

                                                                                                                                                Superintendent of Police

                                                                                                                                    (To be used in the case of conviction only)

 

FORM NO. 21-37(2) (A)

Daily Diary of Inspector in charge of Range Mobile Patrol

1. Journeys performed by motor vehicle of patrol

2. Cases reported to district police

3. Cases decided with results

4. Cases in which inadequate sentences have been imposed or which have been inordinately delayed

5. warnings given to motorists

6. Other duties performed under rule 21-37 including attendance at court.

 

                                                                                                                                                                                    Signature of Inspector        

 

 

 

 

 

 

FORM No. 21-37(2) (b)

Motor Lorry Working Account

 

Driver's name : -

Lorry No.

Date of Purchase of lorry :-

 

(Col. 1 )

(Col. 2 )

(Col. 3 to 6)

Work Done (Col. 7 to 9)

*Recoveries from ndividual when the Lorry is employed for Private use (Col. 10 to 14 )

Materials (Col. 15 to 23)

Averge Consumption (Col. 24 to 26)

(Col. 27)

 

Distance

 

Material issued to driver

Material consumed by driver

Balance with the driver

 

Particulars of orders (if any sanctioning the journey

Date and purpose of Journey

Journey Time

3. From

4. To

5. Away

6. Back

7 & 8 Millimeter reading

9. No. of Miles traveled

10. Date

11. Name of the person from whom recoverable

12. Amount recoverable

13. Amount recovered

14. Number & date of receipt issued in acknowledgement

15. Petrol

16. Mobile oil

17. Grease

18. Petrol

19. Mobile oil

20. Grease

21. Petrol

22. Mobile oil

23. Grease

24. Petrol miles pergallon

25. Mobile oil miles pergallon 26. Grease

Remarks

 

 

 

Before trip after trip

 

 

 

 

 

 

 

* N.B. -- Columns 10 -- 13 may be left blank unless the lorry is employed for private use.

 

 

 

 

 

CHAPTER XXII. -- THE POLICE STATION

 

 

22-1.    Officer in charge of police station. -- (1) The office in charge of a police station is ordinarily a sub-inspector. Within the limits of the police station of the police station jurisdiction the sub-inspector is primarily responsible for the effective working, management, good conduct and discipline of the local police, for the preservation of peace and the prevention and detection of crime. The due performance of all police duties, the exercise by the police of the powers granted them by law, the correctness of all registers, records and reports prepared by them, and the direction, instruction and efficiency of all police subordinates in the station jurisdiction are matters  for which the officer in charge of a police station is essentially answerable.

 

            (2)        It is the duty of the officer in charge of a police station to acquire detailed and accurate local knowledge, to secure the whole-hearted co-operation of his zaildars, inamdars, village headmen and chaukidars, encouraging them to give him information, to assis him in this work and to rane themselves loyally on the side of the administration. Through them and his own subordinates he is required to keep a strict watch over all known bad characters, and he shall communicate all intelligence of moment to his superiors and to other police stations without delay.

 

            (3)        Within the limits of his charge he is the chief investigating officer, and as such he shall conduct all investigations in persons, so far as circumstances permit. His responsibility in this matter must be carefully maintained. Should it be necessary, owing to the absence of the sub-inspector or any other cause, for a subordinate to undertake an investigation, the sub-inspector shall satisfy himself by perusing the case diary and questioning the investigating officer that the investigation has been fully and properly conducted, shall remedy what is defective, and take over the investigation as soon as he is free to do so, except in a case originally investigated by an assistant sub-inspector where he will be guided by rule.

 

            (4)        When present at the police station, he shall personally supervise the outing work of the station house, and shall be careful to see that there are no arrears of correspondence and that the account are correct.

 

22-2.        Assistant sub-inspectors. -- (1) One or more assistant sub-inspectors are at attached to each police station, in proportion to the normal amount of crime registered, as subordinate investigating officers. An assistant sub-inspector may be a directly appointed probationer under training, in which case his duties will be as prescribed in Chapter XIX. In other cases an assistant sub-inspector is the assistant and deputy of the officer in charge of the police station, who, without detracting from his own authority r ultimate responsibilities as described in rule 22-1, may delegates powers and duties generally or specifically to one or other of his assistant, on the same principles as the Superintendent of Police delegates authority and duties to gazetted officers subordinate to him.

 

 

(2)        An assistant sub-inspector is required to have approximately the same standard of efficiency in all branches of police station work, detective, preventive and administrative, as a sub-inspector, but his responsibilities are less, in that be is not in independent charge, and his power are subject to the detailed control and supervision of the sub-inspector. In respect of investigations, the sub-inspector is required to exercise careful supervision over the work of his assistant sub-inspector, as laid down in rule 22-1, but need not, and should not, normally take in to his own hands an investigation started by an assistant sub-inspector, except when he finds the letter's investigation gravely defective.

 

22-3.    The station clerk. -- The police station clerk is a literate head constable, who under the control and supervision of the officer in charge of the police station, acts as clerk, accountant, record-keeper and custodian of Government and other property at a police station. He may be assisted by one or more assistant clerks.

 

22-4.    Duties as a clerk. -- As clerk of the police station, the station clerk performs the following duties :-

 

(a)               He opens, registers and hands over all correspondence to the office in charge of the police station or senior officer present and takes his orders for the disposal of papers. He writes all reports and returns called for by competent authorities and is responsible that all pending papers are promptly disposed of.

(b)               Every morning he brings to the notice of the officer in charge of the station (that is, senior officer present) all postponed orders and pending papers a awaiting execution and reply. At morning roll call he records the orders of the same officer as to the distribution of duties for the day.

(c)                He writes up the daily diary and other station house registers. He sees that the file of the Police Gazette is kept up to date and that all orders and notices contained in it, which concern the staff or the staff or the work of the staff, are carefully noted and explained to all concerned. He registers all births and deaths reported at the station by the village wathcmen.

 

22-5.        Duties as an accountant.-- As accountant, the station clerk is responsible for the correctness of the cash book, of the cash balance in hand, and for all accounts of receipts or expenditure rendered to his superiors. He must, without fail, bring every item of receipt or expenditure promptly and fully to account. If any appropriation of public money to purposes for which it was not intended occurs, or if money shown as expended is not expended, or is expended in a different way from that shown, he is bound to report the matter at once to the Superintendent. He will not be allowed to shield himself by pleading the orders of a superior officer, but will be held responsible for malversations which would not have been possible if his accounts had accurately represented the facts. He writes out invoices, and checks and files receipts and other vouchers for payments made. He prepares the monthly acceptance rolls and accounts of deductions and stoppages from pay and all travelling allowance and other crimes of the offices and men of the station concerned, and sees that acquittance rolls are duly signed and forwarded. The duties and responsibilities of the station clerk under this rule shall not be delegated to any other member of the police station staff.

 

 

22-6.    Duties as a record-keeper. -- As a record-keeper, the station clerk is responsible that all registers and other records are safely kept and that they do not suffer injury from damp, vermin or other cause. He periodically eliminates and sends to headquarters the record which are no longer required to be maintained according to rule.

 

22-7.    Duties as a custodian of property. -- As custodian, the station clerk is responsible for all Government property, including arms, ammunition, bicycles, articles of clothing and equipment other than such as are in the personal charge, of individual officers, and all unclaimed property connected with cases, including cattle in the pound. He is in direct charge of the store-room and shall keep the keys thereof and personally superintend all receipts and issues therefrom. He shall also be responsible for the safe custody and dieting of persons in the lock-up and shall personally keep the keys thereof.

 

22-8.    Continuous presence at police station. -- The station clerk's duties necessitate his continuous presence at the police station; accordingly he shall not be employed on investigation work or any other duty involving his absence from the police station for any long period. If he leaves the station house for any purpose which is likely to prevent his return within a few minutes on an urgent summons, or under the provisions of rule 22-42, he shall formally make over charge to the assistant clerk and shall make an entry in the daily diary. Similarly, on return to duty, he shall again enter the fact in the daily diary and both entries shall be signed by the assistant clerk as evidence of his responsibility during the absence of the station clerk. Under no circumstances shall the station clerk and the assistant clerk be both absent from the police station at the same time.

 

22-9     Literate police officers. -- Other literate police officers shall be employed under the general direction of the officer charge of the police station to assist the clerk in the up-keep of criminal records, and to assist in the investigation of cases and the collection, recording and dissemination of intelligence. \

 

22-10. Watch of police station. (1) A standing sentry at police station shall ordinarily not be posted, but at night one of the constables sleeping at the station shall be told off by the station clerk or senior officer present to sleep in front of the door of the police station which shall be securely fastened.

 

            (2)        In cases where the lock-up contains prisoners, or there is valuable property in the store-room (Vide rule 22-18(1)) or animals in the cattle-pound, there shall be a constable on watch, who shall be posted with special regard to the protection of the lock-up, the store-room or the cattle pound, as the case may be, and he shall be responsible for its safe custody. Standing orders describing the duties of the sentry in regard to the protection of each of these three places shall be framed by the Superintendent of Police and hung up in the police station office. The officer in charge of the police station shall read out the appropriate part or parts of this standing order when allocating duties at roll call \(vide rule 22-11). If the subsequent arrival of prisoners, valuable property or cattle necessitates an extension of the duties detailed at roll call, the station order applicable and shall obtain their signatures or thumb-impressions in the station diary.

 

 

            (2) Ordinarily there shall be a police officer, who shall usually be the senior police officer present at the station house, available and ready in uniform to receive information and complaints and to afford such assistance as may be lawful and necessary; and at every post there  shall be at all times one police officer in uniform in charge of the building and property, but such police officer shall not be expected to do more than keep on the alert.

 

22.11 - Roll Calls - At sunrise and at sunset officer in charge if the police station, i.e., the senior officer present shall fall in all the police present at the station and hold a roll call. At this roll call instruction shall be given in respect of all general and special orders which may have been received from superior authority or which the officer in charge of the police station may see fit to promulgate, and duties shall be  allocated. The police detailed for watch duty shall be under the orders of the station clerk who shall allot particular hours of duty to each man and note the times allotted in the daily diary immediately after the roll call, taking the signature or thumb-impression of each man in token of his having been  informed.

 

23.12 - Inspection before proceeding on duty - All officers proceeding on duty shall appear before senior officer presenting at the station, who satisfy himself that they are correctly turned out and understand the duties allotted to them and who shall record in the daily diary at entry to the  effect that he has done so, giving particulars as to the men,  the duties and the time of inspection. This rule is binding on men posted on watch duty and the entry in the daily diary in their case shall be in addition to the entry required under rule 22.11 above.

 

23.13 - Parades - The officer in charge of the police station is responsible for keeping his proficient in drill and to secure this end must hold parades as frequently as possible. The small number of men  available for parades in a police station is no bar the giving if much useful instruction.

 

The following portions of the police Drill Manual 1929, shall be taught at police stations.:-

                        Chapter I, lecture 6(traffic control)

Chapter IV, Section 3,5, to 7,9,12 to ,21 24 to 34,36 to 57,65 to69,74 75,86 to 90.

Chapter VII, physical training.

            Table Card (a few exercises on each occasion). When  a parade is held, a record, must be made in the daily diary in which will be incorporated a parade statement and a note of the instruction given.

 

22-14.  The police station, lock-up. -- The rules in Chapter XXVI for the control of lock-ups and the custody and care of prisoners shall apply strictly to all police stations and posts.

 

22-15. Public property. -- Subject to the orders and responsibility of the officer in charge of the police station, the station clerk shall be considered to be in charge of all public property including money and case property in his station house. Every officer in charge of the station shall examine the property at least twice a month and shall report in the following Monday's diary that he has done so. If property is found to be incomplete or to be in any wary damaged he shall add to his report the names of the persons responsible for the loss or damage.

 

 

            He shall also see that the property in connection with a case is expeditiously disposed of according to magisterial orders on the conclusion of the case.

 

            All property shall be examined by officers in charge of police station on receiving and handing over charge and by station clerks on relief. All damages and shortages must then be carefully noted and reported to the Superintendent of Police.

 

22-16. Case property. -- (1) The police shall seize weapons, articles and property in connection with criminal cases and take charge of property which may be unclaimed.

 

(i)                 under the implied authority of Section 170, Code of Criminal Procedure;

(i)                 in the course of searches made in police investigations under Sections, 51, 165 and 166, Code of Criminal Procedure;

(i)                 under Section 153, Code of Criminal Procedure, as regards weights, measures, or instruments for weighting that are false;

(i)                 under Section 550, Code of Criminal Procedure, as regards property alleged or suspected to have been stolen : provided that if the property consists of an animal or animals belonging to Government or to persons of good status it may be made over to them or to a commissioned or a gazetted officer, under the orders of a Magistrate, who is empowered to make such an order under Section 523, Criminal Procedure Code.

(i)                 under Section 550, Code of Criminal Procedure, as regards property found under circumstances which create suspicion of the commission of an offence; when an offence in respect of an animal is committed and such animal is not stolen property such animal shall be seized and send with the case to the Magistrate having jurisdiction;

(i)                 under Section 25 of the Police Act, as regards unclaimed property;

Ordinarily the police shall not take possession of moveable property as unclaimed when it is in the possession of an innocent finder, but in cities and in cantonments the police may, in compliance with an order issued under Section 26 or 27 of the Police Act, take possession and dispose of unclaimed property made over to them by innocent finders.

Such property shall be entered in the store-room register, unless a special register is prescribed for the purpose by the District Magistrate.

(i)                 under the provisions of Local and Special Laws.

(2)        Each weapon, or article of property not being cattle, seized under the above rule, shall be marked or labelled with the name of the person from whom, or the place where, it was seized, and reference to the case diary or other report submitted from the police station.

            If articles are made up into a parcel, the parcel shall be secured with sealing wax bearing the seal impression of the responsible officer, and shall be similarly marked or labelled. Such articles or parcels shall be placed in safe custody, pending disposal as provided by law or rule.

 

            Cattle shall be places in the pound and  shall be carefully described in the case diary or other report regarding their seizure from the police station.

            All expenses for feeding and watering cattle kept in the pound in connection with cases shall invariably be recovered from the District Magistrate and not from the complainant.

 

(3)        The police shall sent to headquarters or to magisterial outposts--

(a)               all weapons, articles and property connected  with cases sent for trial;

(b)               suspicious, in-claimed and other property, when ordered to do so by a competent Magistrate.   

 

(4)        Motor vehicles detained or seized by the police in connection with cases or accidents shall be produced before a Magistrate after rapid investigation or by means of in-complete challan. The evidence relating to the identity or condition of the vehicle should be led and disposed of at an early date, and the Magistrate should then be invited to exercise the discretion vested in him by  Section 516-A, Code of Criminal Procedure, to order that the vehicle be made over to the owner pending conclusion of the case on security to be produced whenever demanded by the Court.

 

22.17.             Custody of money.-- All Government money received in the police station and not disbursed forthwith shall be kept in a locked box in the store-room.

 

            Whenever the pound receipts at a police station amount of Rs.50 or over they shall be forwarded to the sadar or tahsil treasury, whichever may be nearer.

            If large sums are taken under the Cattle Trespass Act, and it is impossible to pay in such sums immediately tot he sadar or tahsil treasury, they shall be placed in the locked box in the store-room.

 

22.18.              Custody of property.--(1) Property exceeding in value of Rs.500, whether appertaining to cases, or seized on suspicion, or taken as unclaimed, shall be forwarded as soon as possible to district headquarters for deposit in the treasury in accordance with Police Rule 27.18(2) or, in the case of property connected with a case to be tried at an outstation or tahsil, to the tahsil treasury, where it shall be placed in the tahsil strong-room under charge of the tahsildar.

 

            Large sums of money or valuable property of any description shall not be entrusted to police officers below the rank of head constable.

 

            When property is brought from outstations to headquarters at a time when the prosecuting inspector and sub-inspectors are engaged in Court duties, the bearer shall hand it over to the head constable acting as assistant to the prosecuting inspector under rule 27.14(3) and obtain his receipt in acknowledgment on the road certificate. When a prosecuting officer is free, the bearer of the property shall have the road certificate countersigned by him before his return to his return to his police station.

 

(2)        All case property and unclaimed property, other than cattle, of which the police have taken possession shall, if capable of being so treated, be kept in the store-room. Otherwise the officer in charge of the police station shall make other suitable arrangements for its safe custody until such time as it can be dealt with under sub-rule (1) above.

 

            Each article shall be entered in the store-room register and labelled. The label shall contain a reference to the entry in the store-room register and a description of the article itself and, in the case of articles of case property, a reference to the case number. If several articles are contained in a parcel, a detail of the articles shall be given on the label and in the store-room register.

 

            The officer in charge of the police station shall examine Government and other property in the store-room at least twice a month and shall make an entry in the station diary on the Mondey following the examination to the effect that he has done so.

 

22.19.              Post office cash safe.--Police office cash safes may be embedded in safe positions in police stations by arrangement between the Superintendent of Police and the Superintendent of Post Offices.

 

            The police department accepts no responsibility for the safe custody of such safes and Superintendents shall not permit them to be embedded at places where no safe accommodation exists.

 

            The work of embedding shall be carried out by the postal department.

 

22.20.              Cattle Pounds management of.--(1) The management of cattle pounds situated at police stations shall be undertaken by the police, when the District Magistrate so requires, provided that the pay of a herdsman and an allowance of not less than two rupees per mensem for the pound-keeper be paid by the local body, which is responsible for the up-keep of such pounds.

 

(2)        For each cattle-pount in charge of the police, an officer on the establishment of the police  station concerned shall be appointed pound-keeper ex-officio. Such officer shall ordinarily be the assistant clerk, but, in police stations where the receipts of the pound normally exceed rupees fifty per mensem, he shal be the station clerk.

 

(3)        The pound-keeper shall be required to have a through knowledge of the Cattle Trespass Act (I of 1871); the rules relating to cattle pound contained in the District Board Account Code (Appendix 22,20), or corresponding rules in force in respect of Municipal and Cantonment Cattle pounds; Sections 69 and 70 of the Indian Forest Act (VII of 1878); Section 125 of the Indian Railway Act (IX of 1890) and of these rules. He shall maintain accounts in the forms prescribed in the rules referred to above, which are obtainable from the local body concerned, and shall observe those rules in all matters connected with the management of the pound.

 

(4)        The pound accounts shall be under the close and constant supervision of the station clerk (where be is not himself the pound-keeper) and shall be checked at least once a month by the officer in charge of the police station, who shall certify accordingly in the station diary and shall countersign the monthly balance of the account in token of his having satisfied himself (1) that the balance in hand has been checked

 

(2)        that the accounts are on the face of them being properly kept; and (3) that he signature or initials of the pound-keeper are in their required places. Net receipts shall be credited at least once a month in the nearest sub-treasury.

 

(5)        Bills for miscellaneous expenses incurred by the police in connection with cattle pound, e.g., emergent repairs, cost of locks, ropes, etc., shall be submitted, as the charges are incurred, to the Superintendent of Police, in form 10.33 (1) to be dealt with by him as prescribed in Rule 10.109(2).

(6)        The lists of fines and of the rates authorized to be charged for feeding and watering impounded animals are required to be displayed conspicuously at every pound. Failure to keep this notice so displayed and legible, and neglect to water and feed impounded animals to the full extent which the sanctioned rates permit, are offences under Section 27 of the Cattle Trespass Act and render the pound-keeper liable, in addition to any other penalty under any other law or under police rules, to a fine of fifty rupees. This liability falls upon the pound-keeper and not upon the herdsman.

 

22.21.              Cattle in the custody of the police.--(1) Cattle seized as suspicious or stolen property, held by the police by order of a Court under Section 88, Criminal Procedure Code, or otherwise received into police custody under competent authority, may be placed in the pound, and shall be fed at the rates prescribed for impounded cattle. Keepers of pounds which are not in charge of the police are bound to receive such cattle.

 

            When there is any risk of an attempt being made unlawfully to remove or to rescue such cattle, a police guard shall be posted on the pound, or the cattle shall be removed to such place within or in the immediate vicinity of the police station precincts as the officer in charge considers most suitable for their adequate protection.

 

(2)        Entries in respect of cattle placed in the pound under this rule shall be made in red ink, and any expenses incurred shall be recovered by means of judicial bills in from 10.109(1) through the  prosecuting inspector, and shall not be included in the totals of the pount accounts.

 

22.22               Miscellaneous provision regarding pounds.--(1) A brief note of the circumstances under which a seizure was made and animals impounded shall be entered in the “ remarks “ column of the register. If any seizure appears to have been illegally made, the pound-keeper shall take the orders of the officer in charge of the police station before impounding the animal or animals concerned.

 

(2)        Pound registers shall be destroyed three years after the date of last entry in them.

 

(3)        Special attention of all police officers is drawn to Section 19 of the Cattle Trespass Act, forbidding any purchase by them, directly or indirectly, at a sale held under the Act.

 

22.23.              Special procedure in regard to animals of value.--(1) When an animal which is clearly of more than ordinary value is impounded and the owner cannot be immediately ascertained, the officer in charge of the police station shall issue  special notices, in the form of a copy of columns 1 to 7 of the pound register, (a) to the Superintendent of Police, (b0 to all adjacent police stations, whether within or without the district, (c) to the owners or managers of important farms or breeding establishments, and the officers in charge of veterinary establishments, remount deposit, etc.,  in the neighbourhood, and take all other reasonable measures, which the circumstances of the case may suggest, to give the owner an opportunity of reclaiming his animal. If the animal in question is branded, the department or private owner, to whom the brand is believed to belong, shall be informed.

 

(2)        Animals in respect of which notices as above have been issued shall not be sold till at least twelve days after the issue of such notices.

 

22.24.              Supervision by superior officers.-- Officers in charge of police stations hall be held strictly responsible, in so far as their other duties permit, for ensuring that the sums recovered on account of feeding charges are actually spent by the pound-keeper on watering and feeding impounded animals. No exact account of such expenditure is prescribed, as the conditions for obtaining suitable fodder vary according to localities and the various kinds of animals. Superintendents and all inspecting officers are, however, specially enjoined to pay particular attention to ensuring (a) that rates suitable to the prevailing prices in each locality are sanctioned; (b) that animals are properly cared for while in the pound, and that misappropriation by the pound-keeper and herdsman of the charges levied is prevented. All cases of neglect of animals in the pound shall be severely punished departmentally, apart from any action with may be takne under Section 127 of the Act.

 

22.25.              Troops and encamping ground.--(1) The memorandum of instructions for Collectors and Deputy Commissioners with regard to troops marching through districts under their jurisdictions is given in Appendix 22.26.

 

(2)        The reports made under paragraph 1(vi) of the memorandum shall, if made by a police officer, be made through the Superintendent of Police, and the District magistrate of the district concerned.

 

(3)        If, under the terms of the memorandum, a police officer is not appointed for duty, the Superintendent of Police may, if he consider it desirable, appoint a police officer of suitable rank to accompany the troops. His duties shall, however, be strictly confined to co-operation with the local police in the prevention and detection of crime. He shall report to the officer in command of the troops and keep him in formed of the measures adopted.

 

(4)        Officers in charge of police stations or, in the absence of the officer in charge, the senior officer available shall also pay their respects to officer commanding troops on the march through their jurisdiction.

 

(5)        Officers in charge of police stations, and the headmen and watchmen of villages in the neighbourhood, shall be held responsible that all possible measures are taken to render camping ground safe and free from thieves. Bad characters found in suspicious circumstance in the vicinity shall be dealt with under the preventive sections of the Code of Criminal Procedure.

 

(6)        Officer in charge of  police stations within the jurisdiction of which troops are encamped for training shall report to the officer commanding. They shall make all necessary arrangements to keep the camp free from thieves but they need not remain in attendance.

 

22.27.              Field firing by troops.-- When, under arrangements approved by the Deputy Commissioner concerned, they military authorities conduct field firing or artillery practices, they are required by military orders, approved by Government, to provide troops to clear and keep the ground. Police shall not be supplied for this duty. The police are further forbidden to take any part in securing the evacuation of villages or confinement of people to their houses in connection with such practices. Such action, when ordered by the Deputy Commissioner, shall be carried out by revenue officers and village officials. (Police Gazette memo No. 5932-23-31.25 of 29th June, 1925).

 

 

22.28.              Duties at ferries.--(1) Police officers stationed at ferries shall afford such lawful assistance as may be necessary to secure obedience to the rules framed under Act XVII of 1878 for the regulation of traffic and shall prevent the overloading and overcrowding of ferry boats.

 

(2)        Superior police officers shall, from time to time, visit ferries and ensure that the police understand the rules and their duties in relation to them.

 

22.29.              Religious procession.-- The orders relating to periodical religious processions are contained in Rule 21.22

 

22.30.              Dramatic performance and cinematography display.--(1) Whenever a dramatic performance is about to take place the officer in charge of the local police station shall be responsible that all tents, booths and other temporary structures erected for public performances are inspected before they are opened  to the public.

 

            Such structures must have proper facilities for rapid egress and for the prevention and extinction of fire, and must be so placed that three is no danger or fire form adjacent buildings.

 

 

(2)        If they arrangements appears to be insufficient, immediate report shall be made to the senior Magistrate present at the place in question, or in whose jurisdiction the structures have been erected.

 

(3)        The Superintendent shall report to the District Magistrate any defects in buildings commonly used for public performances which are lidly to endanger human life.

 

(4)        The rules made by the Punjab Government under Section 8(2) (a) and (c) of the Cinematography Act, 11 of 1918, include the following:-

 

 

(i)        No building shall be used for cinematography or other exhibition unless it be provided with sufficient exists of at least 7 x 5 size.

 

(ii)       Space for accommodation shall  be not less than 100 square feet per 25 persons.

 

            (iii)      Fire appliances shall be provided

 

(iv)      The cinematography apparatus shall be in an enclosure of substantial construction made of, or lined internally with fire resisting material. In the case of buildings used habitually for cinematography or other similar exhibition this enclosure shall be outside the auditorium .

 

(v)       The license and plan (of the building) and description or any of them shall be produced on demand to a police officer of or above the rank of sub-inspector.

           

            (vi)      The Superintendent of Police or and officer deputed in this behalf by him may, at any time, inspect the films which it is proposed to exhibit.

 

            The exhibition of any film which has not been licensed for exhibition, or which has been banned by the local Government, and any breach of the rules above referred to, shall be brought to the notice of the District Magistrate for action under Section 6 of the Act.

 

23.31.              Foundlings.-- If a child deserted by parents or guardian is found by a police officer or brought to a police station by person who is under no legal obligation to maintain it, and who is unwilling to take care of it, such child shall be cared for at the police station and brought before the local Magistrate as soon as possible. The orders of such Magistrate shall be taken as to the disposal of the child, and any reasonable expenditure, not exceeding four annas per diem incurred from the permanent advance of the police station for the maintenance of the child, shall be recovered from the Court. Should the delay in bringing the child before the local Magistrate amount to more than a few hours, advantage shall be taken of the existence of any orphanage or other charitable institution which may be willing to shelter the child until it is finally disposed of by the Magistrate's order.

 

 

22.32.              Soldiers on shooting permit.--Rules relating to game shooting by British soldiers and to the grant of shooting passes are contained in Appendix XXXV, Army Regulations, India, Volume II and are also issued in pamphlet form to all units of the British Army in India.

 

 

            Under these rules, (1) no soldier is permitted to carry firearms for shooting purposes or join a shooting party without being in possession of an arms license and a shooting pass (Indian Army Form L-118);(2) on the pass granted to a shooting party will be endorsed the localities where shooting is forbidden, (3) all soldiers have received instructions (a) not to shoot within 500 yards of any village house, temple or enclosure, (b) not to shoot hind, does, monkeys, dogs, peafowl or pig (except by special permission);(c) not to enter any village, speak to any Indian woman or child, use any bucket for drawing water from wells or shoot birds alighting on pipal or other sacred trees.

 

            The following are the order of the Government of India to the civil and political authorities in connection with the foregoing rules:-

 

(i)                 The civil authorities will periodically explain the substance of the rules and orders in simple language to the inhabitants of all village and tracts where British soldiers are in the habit of shooting, warning them that soldiers are on no account to be attacked or molested, and that any such offence will be severely punished. The inhabitants, therefore will have no excuse for interfering unwarrantably with members of a shooting party.

(ii)              The district or political officer will impress on zemindars, headmen, landlords and police, that they must use their endeavous to prevent  disputes with, or the molestation of, any members of a shooting party, and that complaints are to be reported to the proper authorities by the villagers, who must to take the law into their own hands.

(iii)            When the district or political officer receives notice, under Rule 17 of the probable visit of a shooting party, he will at once inform the head men and village police.

(iv)            The district or political officer will, on the arrival of troops in a civil district or Indian State, at once inform the oficer commanding such troops of the prohibited localities, animals and birds and of any special civil rules pertaining to the district.

(v)               When a complaint is made by villager against any member of a shooting party the district or political officer will at once report the matter to the officer commanding of the soldiers concerned.

(vi)            If possible, disputes between members of shooting party and villagers will be investigated by a European Magistrate or Police officer not below the rank of Superintendent, and such cases will be tried by a district or joint Magistrate. The officer commanding concerned will be informed by the district officer of cases not cognizable by the police or where prosecution is not undertaken by the civil authorities. The officer commanding will thereupon take such action as may be necessary.

(vii)          The rules for soldiers provide for the punishment of a corps or detachment, or district in the event of the offenders, not being discovered. A similar responsibility may be enforced upon villages where affrays with British soldiers have occurred, if the villagers generally, or a considerable umber of them, have made an unwarranted attack upon a shooting party, but the actual offenders have not been prought to justice. The villagers will be warned that in all such cases they are liable by law to have extra police quartered upon them at their own expense.

 

22.33.              Destruction of snakes and wild animals.-- (1) Under the orders contained in Punjab Government Consolidated Circular 39 allotments as permanent advances are made by District Boards to all police stations to enable the officer in charge to pay the prescribed rewards for killing sakes. These advances will be re-cooped on  the submission, through the Superintendent of Police, to the District Board, of statements of accounts showing the name, caste and residence of payees, the amount paid and the number and description of dead snakes brought in.

(2)        The amounts authorised as rewards are Re.04-() for a cobra and Rc.0-2-0 for a karait. In the absence of especial local orders no reward is payable for the killing of any other kind of snake. Officers in charge of police stations are required to satisfy themselves before making disbursements, that the snake killed is of a species for which a reward is authorised. To assist in this every police station has been supplied with a book of coloured plates of the poisonous snakes common in Punjab; application for the replacement of these plates should be made, where necessary  to the District Board. Inspecting officers shall check the proper carrying out of these orders.

 

(3)        The payment of rewards for killing certain wild animals is also authorised. Claimants should be required to present themselves with the head and skins of the animal on account of which a claim is made at the office of the Deputy Commissioner.

 

 

22.34.              Destruction of ownerless dogs.--Under section 109 of the Punjab Municipal Act(III of 1911) municipal committees have power to order the destruction of any dog or other animal suffering, or reasonably suspected to the suffering from rabies. They also have power to issue a standing order for the destruction of all days without collars found wondering about streets. The police shall not act as agents for the destruction of such dogs but shall support the authority of any agents appointed for purpose by the municipal committees.

 

22.35.              Recovery of dead bodies from canals.-- Under rule 15.16 any persons taking a corpse out of a canal or river, or causing it to be taken out and delivering it to a headmen of a village, is entitled to a reward of Rs.10. Such sums shall be paid at once by officer in charge of police station from the permanent advance and recovered at once on simple bills from the Superintendent of Police

 

 

22.36.              Duties in connection with epidemic diseases.-- (1) On the appearance of cholera, plague, small-pox or any other disease in epidemic form, or unusual mortality amongst rats in any police station jurisdiction, the officer in charge of the police station shall at once inform the Superintendent of Police, the District Medical Officer of Health and the Medical Officer of the nearest dispensary.

 

(2)        After the first report regarding the out-break of cholera, plague, small-pox or other infectious disease has been made, the watchmen of infected villages shall continue to make, as long as the villages remain infected, weekly reports at the police station of the number of cases and deaths; and the officer in charge of the police station shall transmit this information weekly to the District Medical Officer of Health.

 

(3)        If and when an alternative reporting agency has been established, these weekly reports shall be discontinued, but where required they shall be submitted on stamped addressed postcards supplied by the Districts Medical Officers of health for the purpose.

 

(4)        On receipt of information as in sub-rule (1) the Superintendent of Police shall also notify the District Medical Officer of Health (or in his absence, the Civil Surgeon) and shall inform the Inspector General of Police by telegram.

 

 

22.37.              Additions and alterations to buildings.--(1) Officers in charge of police stations hall not permit any additions or alterations to existing buildings without the previous sanction of the Superintendent of Police

 

(2)        Orders relating to the construction of prayer platforms at police stations are contained in Chapter III.

 

22.38.              Diet of accused person.- The rules for the provision of diet at police stations to accused persons and for the recovery of expenses in this connection are contained in rules 26.27 and 10.109.

 

 

22.39.              Advance of diet money to witnesses.-- The rules for the advance at police station of diet money to witnesses, and for the recovery of such advances are contained in rule 27.28.

 

 

22.40.              Charges of animals connected with cases.-- Complainants in cattle theft cases, or sureties to whom cattle have been made over for safe custody and production if and when required during police investigation, shall receive the cost of maintaining animals connected with the cases. The rate sanctioned for each day and for each day's  journey are fixed by the Deputy Commissioner, with the approval of the Provincial Government, subject to the proviso that the complainant has travelled, or has been detained in the interests of the case at a place, more than five miles from his home.

 

 

            Superintendents of Police shall provide lists showing the rates for each animal and these lists shall be hung up in the police station office.

 

            Claims for payment of these charges shall be made in form 22.40. The amount due to a complainant or to a surety shall be entered in the form and submitted to district headquarters with the challan or final report in the case. Money shall be recovered from the allotment for “Rewards to private persons” and remitted to the police station concerned for prompt payment.

 

 

22.41.              Kits of men on casual leave. When an officer proceeds on casual lave from the police station he shall hand over the Government property in his possession to the station clerk who shall at once prepare a list of all articles. The kit will be folded and kept in the store-room. The station clerk is responsible for its safe custody. When the officer in charge of the police station himself proceeds on casual leave he shall hand over all Government property for which he is responsible to the officer appointed to act for him, such property as is not required by the latter for current use being placed in the store-room.

 

            See also rule 6.11(3) regarding the disposal of revolvers by officers proceeding on leave.

 

22.42.              Married police officer.--(1) Married quarters are provided in most police stations in accordance with rule 3.19. Officers to whom these quarters are allotted may sleep in them, provided that they are not on watch or sentry duty or required to be in the police station building for any reason.

 

 

(2)        At police stations where family quarters are provided up to the maximum scale laid down in rule 3.19 no other police officers shall be allowed to have rented accommodation elsewhere.

 

            At police stations where family quarters have not been provided up to the maximum scale laid down in rule 3.19 the number of officer permitted to occupy quarters outside the police station shall not exceed such scale.

 

 

(3)        A list of married police officers attached to each police station and its subordinate posts shall be maintained in the police station.

 

 

22.43.              Despatch of money, property and prisoners.--(1) Police escorts incharge of money, property or prisoners, and police officer performing other duties shall ordinarily travel by rail. For journeys, however, both within and beyond the sphere of duty between places not connected by rail, or between places connected by road and rail, where the road journey is the shorter, or the rail journey although shorter in distance would cause inordinate delay, police officers below the rank of Inspector may, in cases to be certified as necessary by the Superintendents of Police, travel by motor omnibus or other road conveyance.

 

(2)        The cost of such journeys shall be met under the provisions of the Travelling Allowance Rules. In the case of constables the amount shall be drawn on a contingent  bill and met from the head Carriage of Constabulary. In the case of other officers it shall be drawn on an abstract travelling allowance bill, to be supported subsequently by a detailed bill. The drawing officer shall record on each bill a certificate to the effect that the journeys were performed in the public interest and that travelling allowance was admissible in accordance with note I of Exception V in Appendix E(5) of the Punjab Financial Hand book No.2 (Volume III-Travelling Allowance Rules).

 

 

            All such bills relating to journeys within the sphere of duty (except those for Carriage of Constabulary) shall be countersigned by the Deputy Inspector General of Police, who shall among other things satisfy himself that the drawing officer has not given his certificate as a mere matter of form, but that the saving of time or other considerations actually justified the performance of the journey by road in the public interest. Travelling allowance bills for journeys beyond the sphere of duty will be countersigned by Superintendents of Police.

 

 

(3)        Police officers up to and including the rank of Sub Inspector who travel by motor omnibus shall be provided with a lorry voucher in from 22.43(3) which shall be handed over to the owner or conductor. The owner of the motor omnibus will submit all such vouchers to the Superintendent of Police for payment. Separate vouchers shall be prepared for constables and for officers of higher ranks. All lines and police stations are provided with books of voucher forms, adapted for the carbon copying travel process. Three copies shall be prepared one being made over to the officer who is to travel, one being submitted to the Superintendent of Police and the third being retained for record at the police station. The Superintendent of Police will make payment after checking the vouchers with the daily diary of the police station concerned and comparing the dates.

 

(4)        Ordinarily only the number of seats actually required for the escort and their charges shall be engaged. Only in the most urgent circumstances shall a whole vehicle be chartered by any police officer.

 

 

(5)        Where under-trial prisoners are conveyed by motor omnibus separate sets of vouchers shall be prepared for the police escort and for the prisoners. The cost of the latter  will be met from judicial funds on its presentation by the Prosecuting Inspector to the court concerned.

 

(6)        The rates to be charged by motor transport companies or private omnibus owners shall be standardized as far as possible. Wherever possible contracts for the carriage of constabulary shall be entered into.

 

Note:                The rules as revised will have effect from 25th July, 1993.

 

(7)        The lorry voucher books on receipt from the Controller, printing and Stationery Department, Punjab, shall be entered in the stock register of  printed forms as required by Police Rule 11.49, and made over to the Head Clerk who shall be responsible for their safe custody. He shall keep them in a locked almirahs, the keys of which shall, in no case, be transferred to any other person, and shall  invariably certify the balance in hand when issues are made. In  Police Lines the voucher books shall be kept in the personals custody of the Lines  Officer who shall be responsible for the issue of vouchers to Police Officers. In Police Stations the voucher books shall be kept in the personal custody of the Station Clerk, but vouchers shall issue only under  the instructions of the officer in charge of the Police Station.

 

 

22.44.              Notices and notice-boars.--(1) Only such notices as are required by rule or by special order of the Superintendent of Police to be hung at Polcie stations are to be so displayed.

 

 

(2)        Notice-boards at police stations shall be used solely for the display of police and other official notices. Public notices by local bodies may be displayed on such boards with the permission of the officer in charge of the police station, but their use for private or trade  announcements and advertisements is strictly prohibited.

 

 

22.45.              Registers.-- The following books shall be maintained at each police station in accordance with the rules hereinafter prescribed or referred to:-

 

 

(1)      The First Information Report and, in certain station Register of petty     Offences.

(2)      The Station Dairy.

(3)      Part I. Standing Order Book.

 Part II. Circular and other orders.

(4)      Register of Absconders and Deserters.

(5)      Register of Correspondence.

(6)      Miscellaneous Register.

(7)      Cattle Pound Register.

(8)      Criminal Tribes Rgister.

(9)      The Village Crime Register.

           (10) The Surveillance Register.

(10) (A) Bad Charater Rolls despatched

(10)  (B) Bad Character recevied.

(11)   Index to History Sheets and Personal Files.

(12)   Register of information sheets despatched.

(A)   Copies of Information Sheets despatched.

(13)  Minute Book for Gazetted Officers.

(14)  File Book of Inspection Reports.

(15)  The Register of Birth and Deaths.

(16)  Register of Government Officials and Property.

(17)  Register of Licenses.

(18)  Receipts Book of Arms, Ammunition and military store.

(19)  The Store Room Register.

(20)  Cash Accounts.

(21)  File Book of Road Certificates.

(22)  Print Receipts Books.

(23)   (A) Police Gazette.

(23)(B) Criminal Intelligence Gazette.

(24)   Police Rules.

(25)  Charge notes of officers in charge of police station.

 

22.46 - General orders regarding station registers - (1) No alteration in the form or method of keeping the book and no addition to their number may be made without the sanction of Inspector General being previously obtained.

            (2) Every station register shall be paged in English. In the case of all register except Parts I,II,III and IV of register No (9) and register 10 (B), II and 12(a) this shall be done in the office of the Superintendent before issue to a police station. No page may be torn out of the station register. Any correction which it may be necessary to make shall made by a line through the mistake so as leave the words erased legible and by writing in the corrected words afterwards or  in the margin. A piece of paper shall not be pasted over a mistake.

(4)               All entries shall be neatly and clearly written and all corrections shall be attested by the signature of the officer making them. If words or lines are omitted from any entry, or if entry is omitted altogether, no interpolation shall be made. The omission shall be supplied by a fresh entry in the regular course. English figures alone shall be used in all official papers and registers.

Note -  Seals of a uniform pattern have provided for each police station and for the office of Superintendent and Deputy Inspector General and no deviations shall be allowed from the sanctioned design when seals are renewed from contingencies, or new seals are produced for additional station.

22.47 - Register No 1 - The orders regarding the Information Reports Register are contained in rule 24.5 and regarding the petty Offence Register in rule 24.9

 

22.48 - Register No II - The Daily Diary shall be maintained in accordance with section  44 of the Police Act. It shall be in From 22.48 (1) and shall be maintained by means of carbon copying process. There shall be two copies. One will remain in the police station register and the other shall be despatched to a Gazetted Officer to be designated by the Superintendent of Police or the Superintendent of Police himself every day at the hours fixed in this  behalf.

                Shortly before the close of each quarter, books containing the proper number of pages ensuring the three months shall be issued to police station by the Superintendent.  The Superintendent shall fix the hours at which station diaries shall be daily closed with reference to the despatch of the post or messenger.

            (2) All entries in the station diaries shall be made by the officer in charge of the police station or by the station clerk. Literate officers making a report shall read the report recorded and append their signature. Every matter recorded in such diary shall be so recorded as soon as possible; each separate entry shall be numbered and the hours at which it was made shall commence each such entry. If the hours at which the information, or otherwise, containing such entries reaches the police station differs from the hours at which such was made, both hours shall be stated. As soon as entry has been made in the diary, a line shall be across the page immediately below it.

            (3) The opening entry day shall be give the name if each person in custody, the offence of which he is accused, and the date and hours of his arrest, the name of each accused person at large on boil recognizance the date of his release on such  security.

                        The last entry each day shall show (a) the balance of cash in hand as shown in the cash account, and (b) the balance of the cattle-pound account.

 

22.49- Matters to be entered in Register No II - The following matters shall amongst others, be entered:-

(a)    The number and description of cattle seized in connection with or on suspicion with a reference to the case or report.

(b)    The day, hours and purpose of visit to the police station of persons registered under the Criminal Tribes Act and of convicts released under the Remission Rules or under section 565, Code of Criminal Procedure, together with the name of such  persons.

(c)      The hours of arrival and departure on duty at or from a police station of all enrolled police officers or whatever rank, whether posted at the police station or elsewhere, with a statement of the nature of their duty. This entry shall be immediately on arrival or prior to the departure of the officer concerned and shall be attested by the latter personally by signature or seal.

Note - The Police Station will include all places such as police Lines and Police Posts where Register No II is maintained.

 

(d)   Every police officer of or above rank of head constable, when returned from duty than an investigation in which case diaries are submitted, shall have an entry made in the daily diary by the station clerk or his assistant showing the palaces he has visited and then duties performed by him during his absence from police  station.

(e)     All admission to and releases from the cattle pound with the amounts of fine realised.

(f)      The hour of receipt and despatch of all communications, property cash, etc., giving reference to the number in the correspondence register.

Note - The word “communication” shall be taken to include the reports required by Police Rule 25.57(2)(ii) and Police Rule 27.1(1) (ii) to be sent to panchayats.

(g)    Information of the commission of non-cognizable offence (rule 24.3) including reports of enmities likely to lead to a breach of the peace (rule 23.32); visit of chaukidars to police station (rule 21.3(4)) and demands by the police of one jurisdiction for assistance in extradition cases from the police of another jurisdiction (rule 26.10(7) ).

(h)     All arrivals at. Dispatches from the police station of persons in custody, and all admission to, and removal from, the police station lock-ups, whether temporary or otherwise, the exact hour being given in every case.

(i)      The hours and date of receipt and (separately) of service or execution of each process; and hour date return made to such process.

(j)      The report regarding property in the store-room required by rules 22.15 and 22.18(2).

(k)    The report regarding excess expenditure over permanent advance as required by rule 22.71.

(l)      The entrance of persons, by permission, into a tahsil after office hours.

(m) The deposit in, or removal from, the post office safe in the police station of any article whatsoever the exact hours being given in every case.

Note :- Every such entry shall contain detail of the article deposited or removed and shall be signed by the Sub or Branch Postmaster effecting the deposit or removal.

(n)    A reference to every information relating to the commission of  a cognizable offence, and action is take under section 157, Code of  Criminal Procedure, the number and date of the first information report submitted.

Note :- In case where the information relates to the commission of  cognizable offence triable by a Panchayat, mention shall also be made in the Daily Diary of the measure taken to send a copy of the first information report to the Panchayat concerned as required by Police Rule 24.5(2).

(o)    In Monday's dairy a list shall be given of all papers pending for over a work.

SYNOPSIS

1.      Summoning of persons to police station.

COMMENTS

1.      Summoning of persons to Police Station - The underlying object of Rules 22.49 and 25.2 of the Punjab Police Rule is that no citizen should unnecessarily be arrested or dragged to the Police Station and under the pretext of interrogation be improperly or illegally  detained. There is no reason why the imperative provisions of  these rules pertaining to the issue process and making of entry if that process should not have been complied with.

   If these rules are duly observed imperative as they are in their nature the device of deliberately omitting to observe compliance with these rules which police officers conducting investigation adopt and in this way illegally detain innocent persons under the excuse of interrogation, would cease to be workable and the case of illegal detention for investigation purpose are found to be minimised, if note  eliminated. These are wholesome  rules. Their compliance enable the person sought to be summoned  to know the purpose for which is being summoned. Parshotam Dass vs. State of Punjab, 1971 P.L.R 912=1969 Cur L.J 445

            22.50 - Punishment for making false entry - Any police officer who enter or causes to be entered in the daily dairy which he knows, or has reason to believe, to be untrue, whether he has or  has not been directed to make such entry by a superior officer, shall ordinarily be dismissed the service.

            A copy this rule and also a copy of the following certificate shall be affixed to the cover of the daily dairy in every police station and in lines.

“Certified that this register contains-- leaves in duplicate. No page should be removed from it. Wrong entries, if any, should be scored out by means single line and initialled by a Senior Police Officer; in no case should any such entry be mutilated or rendered illigible nor should paper be pasted over it.”

22.51 - Destruction of daily diaries - Daily Dairies may be destroyed two years after the date of last entry.

22.53 - Copies of certain to be sent head constable - (1) A copy of extract of the relevant portion of every entry in the daily relation to the arrival or departure report of any police officer posted t or transferred from . the police station or a post report subordinate thereto., shall be sent without delay to the orderly head constable. Copies of the reports of the deaths, admission to and discharge from hospital of police officer attached to the police station, or its subordinate posts, shall be similarly sent.

            (2) All copies required to be made of entries in the daily dairy by this or any other rule shall be made at the time of original entry by means of the carbon copying process, as many sheets of paper being inserted under carbon paper as may be  required.

22.53 - Register No I - All standing orders by the Inspector General, Deputy Inspector General or Superintendent shall be entered in a book which shall be of the size of a quarter of sheet of country paper. These standing orders shall be continuous for five years and the file shall be indexed. These orders will be checked annually in accordance with rule 14.55.

Part II - In each police station an annual file shall be maintained of all circular and other order issued for the instruction and guidance of the police and not being standing orders or orders on which a reply is returned in  original. Each paper before being placed on this file shall receive a register number in the correspondent register, where the subject and being placed in the file shall be noted. These files shall be destroyed after two years.

22.54 - Register No Absconders and deserters - In additional of all proclaimed offenders to be hung up in the and the notice-board of police station in accordance with rule 23.25, the register of absconders shall be maintained in the following parts:-

            Part I-- In Form 22.54 (a) containing the names of all absconders in cases registered in the home police station.

            Part II. -- In Form 22.54(a) containing the names of absconders in cases registered in other police stations, but resident of or likely to visit the home police station.

 

Note . -- All entries regarding residents of the home police station shall be made in red ink.

            Part III. -- Llist of deserters from the army, in Form 26-16(6)

            Part IV. -- A list in Form 22-54(b) of all absconding members of registered criminal tribes resident of the police station or who were originally registered at the police station. In this connection see rule 23-24(3).

As soon as an absconder has been proclaimed under section 87, Code of Criminal Procedure, his name shall also be entered among the proclaimed offenders in Part I of Register No. X.

22-55. Register No. V. -- The correspondence register shall be maintained in two parts in Form 22-55. Each part shall contain 400 pages.

(1)        In part I shall be entered a brief abstract of all reports and orders received in the police station and of all letters and replies dispatched which are not entered in any other book.

            (2)        When any entry is made in the receipt columns the corresponding dispatch column shall be left blank for the reply and vice versa.

            This register ia a receipt and dispatch register and is not meant as a record of the full correspondence received and not meant to be forwarded or returned shall be filed in monthly files. These shall be destroyed after two year.

            (3)        In Part II the receipt and return of processes shall be entered.

Processes include:-

(a)               Summonses to appear or to produce.

(b)               Warrants of arrests.

(c)                Search warrants.

(d)              Orders of proclamation, attachment, injunction or otherwise under sections 87, 88, 95, 99, 133, 140, 143, 144 and 145, Code of Criminal procedure.

 

Warrants in all non-cognizable criminal cases and summonses in non-cognizable criminal cases in which Government is the complainant are served through the police.

 

            On the last day in each month a statement giving the following information shall be entered in the daily diary and sidelined in red ink:-

 

            (a)        The number of warrants remaining un-executed at the end of the previous month, received and executed during the current month and remaining unexecuted at the end of it.

 

            (b)       Similar information regarding summonses in cognizable and non-cognizable cases.

 

            (c)        Similar information regarding other processes.

 

 

At the end of the year any statistics required shall be compiled from such entries in the daily diary.

 

22-56.  Register No. VI. -- This register shall be divided into four parts.

 

                        Part I. -- List of character rolls of applicants for Government service verified by the police in Form 22-56.(1).

 

                        Part II. -- List of persons on security in form 27-16(6).

 

Note. -- Particulars of arrest under section 109, Code of Criminal Procedure, of persons who are residents of another police station shall be entered in red ink and given a separate serial number, the form being completed when the result of the case is intimated by the prosecuting agency.

 

            Part III. -- Carbon copies of all reports submitted for action under the Indian Penal Code and Criminal Procedure Code or local and special laws such as prosecutions under section 182, Indian Panel Code, preventive security under the Criminal Procedure Code or action against village officials under the Punjab Laws Act when no first information report or charge-sheet is submitted.

 

            Part IV. -- carbon copies of reports of investigation in to accidental deaths of human beings in which forms 25-035(1) A, B and C, are submitted. A yearly index will be maintained for this part.

 

This register may be destroyed seven years after the date of the last entry.

 

22-57. Register No. VII. -- (1) The cattle pound register is printed and supplied by the local bodies concerned and is divided into two parts :-

 

                        Part I. -- The register of impounded cattle.

                        Part II. -- The cash account.

 

            (2)        A book of receipts is also supplied to the pound-keeper who shall give a receipt to ever seizure or to his agent who brings cattle to the pound.

 

            The instructions contained in rule 22-20 and in the extracts from the District Board Account Code, 1926, Appendix 22-20, shall be strictly followed in maintaining these registers.

 

            22-58. Register Nos. VIII (A) and (B). -- Register VIII (A) - Adult Criminal Tribes Register. - This register shall be maintained in Form 22-58(A) for all adult members of criminal tribes whose registration has been ordered under section 4 of Act VI of 1924. In the cases of those members concerning whom a further notification has issued under section 10 of the Act, a note to this effect will be entered in column 10 of the form, Column 7 will be left blank except in the case of those persons whose restriction has been ordered under section 11 of the Act. As history sheets are not usually maintained for registered members of criminal tribes it is essential that as much information as possible concerning each member should be mentioned in column 10.

 

            The register shall be maintained in as many parts as there are tribes and further sub-divided into sub-parts according to residence under rule 23-28. Care must be taken to allow a sufficient number of blank sheets at the end of each sub-part for persons whose registration may have to be effected after the preparation of the register has been completed.

 

            Register VIII-B - Register of male children of members of criminal tribes.- This register shall be maintained by tribes in Form 22-58(B) for male children under 12 years in the case of wandering tribes and under 18 years in the case of settled tribes notified as criminal under section 3 of Act VI of 1924. Sons of both exempted and registered members of criminal tribes shall be entered in this register as soon as their birth is reported and intimation sent to the Superintendent of Police at headquarters to enable an entry also to be made in the male juveniles register maintained in English in Form 22-58(C), in the District Police Office.

 

            Officers in charge of the police stations will report to the Superintendent particulars of male children who attain the age of 12 years in the case of wandering tribes and 18 years in the case of settled tribes with a view to their registration and entry in the Adult Criminal Tribes Register. Such registration shall not, however, be carried out in the case of privileged persons as defined in rule 4 of the rules made under the Criminal Tribes Act (VI of 1924).

 

22-59.  Register No. IX. the Village Crime Register. -- (1) This register shall be maintained in five parts as follows:-

 

 

                        Part I. -- Notes on the village community containing the particulars required by Form 22-59(1)A.

 

                        Part II. -- The crime register, in Form 22-59(1) B. Cognizable cases decided by Panchayat shall be entered in Parts II and IV of this register as cases dealt with direct by magistrates.

 

                        Part III-A-A. --  Cases traced to the village in Form 22-59(1)C.

            The term “cases traced to the village,” as used above,, shall be held to include only cognizable cases under Chapter XVII, Indian Penal Code, in which strong suspicion rested on any resident of the village whether the case of occurred in the village itself or not. When a case under Chapter XVII remains untraced or fails in court the necessary entry in this register should never be omitted. Information Sheets, Book XII-A [(Form 23-17(3)] will also provide valuable material for making this important register complete. In combination with the conviction register it should be used as an index to the criminals of the ilaqa. A separates entry shall be made for each suspect with a separate serial number. When a person is again suspected, the fresh entry shall bear the same serial number as the previous suspicion and the number of suspicion shall be entered below it in the form of a fraction similar to the system of numbering used in Part V of Register No. IX.

 

Part III-A-- Visits to the village of persons of doubtful character, i.e.-

 

(i)        persons whose history sheets are on record on Bundle A.

 

(ii)       persons established through information sheets (strangers' roll) to be doubtful character either by reason of having been suspected of convicted of offences in respect of which entries are required to be made in Part III or Part V of their home police station or for other adequate reasons.

 

(iii)      persons arrested in the village under section 55/109, C.P.C. Provided that no entry shall be made unless the persons concerned are placed on security.

 

Note. -- This provision will not apply in cases where particulars of the person concerned would otherwise normally be entered by virtue of (i) and (ii) above.

 

                        Part IV. -- Notes on crime in the village (confidential) in Form 22-59(1)D.

                        Part V.--  The Conviction Register, in Form 22-59(1) E.

 

            Note. -- Before proceeding to the scene of an offence investigating Officers should take down in a note-book all the information from parts II, III and III-A of the village Crime Register which is likely to be of assistance to them in their investigation.

 

            (2)        Parts I, II, III and III-A shall be loosely bound together in a cover of standard pattern for each village or group of village. When a group of closely allied villages is combined in one volume, separate pages in each part shall be allotted to each village.

 

The prescribed cover for the village crime note-book is obtainable from the Controller, Printing and Stationery Department, Punjab.

 

            (3)        An alphabetical list of all convicts belonging to any town or village sha bound up with Parts I to III of the village crime register concerned and shall be kept up-to-date from the conviction register.

 

            (4)        Each part in each volume shall be paged. The cover shall bear clearly on the outside the name of the village or villages to which it relates.

 

            The binding edges of the pages and of the cover shall be punched with two eyelet holes before issue from the office of the Superintendent of Police and tape shall be provided, so that the volumes may be neatly kept at all times, but may be easily opened for the insertion of extra pages where necessary. Additional pages shall be given the same number as the page they follow and distinguished by consecutive letters of the alphabet.

 

            (5)        Part IV shall be kept in separate volumes corresponding to the volumes of Parts I to III, but shall be treated as confidential and shall remain in the personal custody of the officer in charge of the police station.

 

            Matters to be entered are detailed in rule 23-15.

 

            (6)        The whole of the Village Crime Register Parts I to V, is an unpublished official record relating to affairs of State and is privileged under section 123, Indian Evidence Act, No part of the register may be shown to, nor may any copy or extract therefrom or any information derived therefrom be given to any person not entitled by his official position to obtain such information.

 

 

            22-60.  The conviction register. -- (1) Part V of the Village Crime Register shall be maintained as a separate register, in volumes of not more than 100 pages each, known as the Conviction Register. Entries shall be made by the officer in charge of the police station personally or, under his special or general orders, by such one of his subordinates as writes the best hand. Entries in this register shall be confined to the offences mentioned in rule 27-29.

 

            (2)        The conviction register is a permanent record of the crime and criminals of each village and of previous convictions, and is to a great extent the basis for the preparation of history sheets and other measures of surveillance.

 

            (3)        On the first page of each volume of the register shall be entered in alphabetical order a list of the towns and villages of the jurisdiction, the conviction record of which are contained in such volume. The serial number of each town and village shall be entered to the left and a reference to the pages allotted to it to the right. At the end of the last volume of the register pages shall be allotted for the names of convicts, whose residence cannot be traced or who are residents of places outside British India, but who commonly frequent the jurisdiction of the police station. So far as may be possible every conviction required to be entered in the register shall be entered in the pages allotted to the town or village in which he convict ordinarily resides.

 

            In all cases of conviction in an offence on the railways the letter “R” in red ink shall be entered in the remarks column of the entry in the conviction register. Information regarding the conviction shall also be sent by the Superintendent of Police to the Assistant Inspector General, Government Railway Police, for the use of the railway police Central Investigation Agency. All subsequent convictions of the offender shall also be communicated to the Agency which will in turn communicate the information to the railway police sub-inspector charged with surveillance work and the maintenance of the original history sheet of the criminal.

 

            (4)        When two or more offenders are jointly convicted of committing one and the same offence and hen there is reason to believe that they acted in concert, cross reference shall be inserted in the remarks column of the register, drawing attention to the fact.

 

            (5)        When a convict has been classed “P. R.” under the rules in the Police Finger Print Bureau Manual the letters “P. R.” and a general description of the convict, giving age, colour of hair and eyes, marks, scars, peculiarities of speech and gail, as endorsed on his “P. R.” slip, shall be entered in column 3.

 

            (6)        When a person is reconvicted, the fresh entry shall bear the same serial number in column I as the previous convictions, and the number of the conviction shall be entered below it, in the form of a fraction, e.g., 16/3 signifies the third conviction of the person originally entered at serial number 16. The serial number allotted to a convict shall be a permanent one, just as a constabulary number is permanent. In the remarks column (column 11) of each re-conviction entry shall be entered references to the number, offence and page of entry of previous convictions.

 

Illustration.

 

When the reconviction of a person having six previous convictions is made, the entry in column 11 shall be of the following nature -- “379-1/3;457-3 and 6/3 and 9; 110 Code of Criminal Procedure 2 and 4/3 - XI/78x5/8”. Here the first figure refers to the nature of the offence the numerator to the serial number of the conviction, and the denominator to the page of the register.

 

(7)        Each entry shall be signed by the officer in charge of the police station personally the conviction slip being retained till this has been done. At every inspection of a police station by a gazetted officer, the conviction register shall be produced and the inspecting officer shall attest every entry made since the last inspection, recording orders in column 11 regarding any action, such as the opening of a history sheet, which he may require to be taken. The inspecting officer shall also assure himself that orders given at previous inspections have been complied with, and shall erase or transfer the names convicts, who are shown to his satisfaction to have died or permanently changed their residence. When the name of a deceased convict is erased, a reference shall, if possible, be given to the entry regarding his death in register No. XV.

 

 

22-61.  Registers Nos. X, X(A) and X(B). -- The surveillance register shall be maintained in accordance with the orders contained in rules 23-4, 23-5 and 23-16. Registers Nos. X(A), and (B) shall be destroyed two years after the dates of last entries.

 

 

22-62.  Register No. XI.-- An index to history sheets and personal files will be maintained in forms 23-14(1)-A and 23-14(1) B.

 

22-63.  Registers Nos. XII and XII (A). -- The registers of information sheets shall be maintained in the form and subject to the orders contained in rule 23-17.     

 

            These registers shall be destroyed seven years after the dispatch or receipt of the last sheet.

 

            22-64. Register No. XIII Minute Book for gazetted Officers:- (1) This is a blank book of foolscap size in which shall be entered the dates of all inspections and any matters requiring the attention of the officer in charge of the police station which have not been entered in the inspection report. Inspecting officers shall satisfy themselves that old volumes of this register, which form a valuable record of the past history of the police station, are intact.

            (2) Notes should be made in this register of matters permanently affecting the conditions of the police station, e.g., changes in police station or jail boundaries, imposition and removal of additional police posts; construction of new buildings, etc.

            (3) The register is a confidential and privileged record; with the exception of gazetted police officers, no one except the District Magistrate, and a Sub-Divisional Officer specifically authorised under rule 1.20, may enter remarks in it or examine it.

 

            22-65. No. XIV-file book of inspection reports:- A file book shall be maintained for the record of gazetted officers inspection reports, Covers of standard pattern, in which reports can be kept without risk of damage, are obtainable through the annual indent for departmental forms (vide rule 11.42). An index of inspection reports shall be maintained on the inside of the front cover.

 

            22-66. Register No. XVI. Vital Statistics:- (1) These registers are provided by District Boards and Municipal Committees and are compiled from the figures recorded in the registers of vital statistics which are supplied to village watchmen who bring their registers for inspection to the police station at prescribed intervals. The registers supplied to village watchmen are also provided by local on application by the police.

            (2) Copies of the death register and abstracts of the information contained in the birth register shall be submitted fortnightly in prescribed form by each police station to the Superintendent who shall counter-sign such copies of abstracts and forward them to the Civil Surgeon.

            (3) All entries in the registers and in such copies and abstracts relating to deaths from cholera or plague shall be made in red ink.

 

            (4) The vital statistics of each town containing 3,000 or more inhabitants shall be recorded and reported separately under the name of the town.

 

            (5) Birth and death registers shall be retained at the police station for one year after the date of the last entry and shall then be sent to the Civil Surgeon for record.

            Village registers of vital statistics shall be retained by village watchmen for two years after the date of the last entry and shall then be sent to the police station for transmission to the Civil Surgeon for record.

            (6) Police station clerks, who maintain the registers of vital statistics, shall be granted an allowance of Re. 1 per mensem.

            (7)If there is reason to believe that a village watchman is neglecting to report the births and deaths of his village correctly, the officer-in-charge of the police station shall take steps to find out if he has been guilty of negligence and, if so, shall report the matter to the District Magistrate through the Superintendent.

            (8) Further instructions regarding vital statistics are contained in the Punjab Medical Manual.

 

22-67. Register No. XVI.- This register shall contain 200 pages which will be divided into four parts as follows:-

            Part I--List of village watchmen in the station jurisdiction, with the days fixed for their attendance at the police station, in form 22.67(a).

            Part II--List of police officers attached to the police station with the dates of their appointment and transfer, in Form 22.67(b).

            Part III.-- Register of all Government property in use at the police station in form 5.16(1). A printed list of the various kinds of articles supplied to police stations will be sent out to all police stations before the 15th March and 15th September. This list will be completed (as regards the numbers of each article on charge ) from the balances in Part III of this register and will be submitted every half-year to the Reserve Inspector or Lines Officer before the 31st March and 30th September. Anote will be attached explining all changes from the list last submitted quoting the dates of and the authority for all receipts, transfers, destruction or other disposal of property.

            Part IV.-- List of all land in the police station jurisdiction which is Government property in the possession of the police in accordance with rule 3.3(2). The dimension, area, locality, boundaries and boundary pillars of any place of worship or praying platform situated on police land shall be entered in the register. Such entries must correspond with the permanent record maintained at headquarters under rule 3.3(2).

 

22-68. Register No. XVII.-(1)  This register shall be maintained in separate parts as follows:-

            Part 1.-- List of Arms Act Licenses; sub-divided into five parts, in Forms 22.68(a)(2), (a)(3), (a)(4) and (a)(5) in the Kangra District, a sixth part in form 22.68(a)(6) shall also be maintained.

            Part II.-- List of licenses under the Excise Laws in Form 22.68(b).

            Part III.-- List of licenses under the Explosive Act in Form 22.68(c).

            Part IV.-- List of licenses under the Petroleum Act in Form 22.68(d).

            Part V.-- List of licenses under the Poisons Act, in Form 22.68(e).

            Part VI.-- List of sarais registered under the Sarais Act, Laws in Form 22.68(f).

Parts I to V, except form 22.68(a)(4), may be destroyed one year after the expiration of the period for which the licenses were granted.

When the existing Part VI is filled up, all uncancelled entries shall be transcribed in a new register and the old one destroyed.

            (2) Powers and duties of police officers under the Acts mentioned in sub-rule (1) are given in Appendix 22.68(2).

 

22-69.  Register No. XVIII.-A receipt book in Form 22.69 shall be maintained in which shall be entered a descriptive list in triplicate of all arms ammunition or military stores deposited in, or seized and brought to, the police station when such seizure is not otherwise reported. The form shall be made out by the carbon copying process. One copy shall be affixed to the weapon or articles, and the duplicate shall be given to the depositor.

            This book shall be destroyed five years after the date of the last entry.

 

22-70.  Register No. XIX:- This register shall be maintained in Form 22.70 With the exception of articles already included in register No. XVI every article placed in the store-room shall be entered in this register and the removal of any such article shall me noted in the appropriate column.

 

22-71.     Register No. XX. Accounts.-- This register shall be maintained in forms

10.52(a) and(b).

 

(1)        A cash account shall be kept of all receipts and expenditure other than those in connection with the cattle-pount. This account shall be kept separately in two parts as follows:-

 

            (a)        Other moneys, such as receipt and disbursement of pay, travelling allowance, etc.

            (b)       Permanent advance.

(2)        The  account shall be balanced daily at the time fixed for the daily diary to close.

(3)        At the end of the month any expenditure from been pending for over a month, shall be specially the permanent advance, the recovery of which has detailed.

(4)        If the permanent advance becomes exhausted and further expenditure has to be incurred, the minus balance shall be shown in red ink. Such minus balance shall be diaries are specially brought to their notice so that prompt measures may be taken to place the account in credit and to deal with those responsible for delay in the refund of advances.

(5)        The purpose and principles of permanent advances are detailed in rule 10-105.

The method or recovery of expenditure on account of diet money, etc., is given in rule 26-27 and 27-28.

(6) The officer-in-charge of the police station shall personally check the correctness of the cash account once a month and certify over his own signature in the register that he has done so.

22-72. Register No. XXI:- A bound book of road certificates in form 10-17 containing sufficient certificates in duplicate to last for three months, shall be issued to each police station as required.

Each certificate, both office copy and duplicate, shall be given an annual serial number for each police station and, when returned receipted, the copy issued or the receipt in lieu thereof shall be pasted on to the place from which the copy issued was taken.

Each book shall be destroyed when the last certificate therein is three years old.

 

22-73. Register No. XXII:- (1) Printed receipt books in form 10-14(1) each containing 100 receipt forms in duplicate shall be issued to each police station.

            (2)        The pages of such books shall have printed serial numbers office copies and duplicates having the same numbers and only one such book shall be in use at a time.

            (3)        It shall be the duty of the station clerk to count and stamp with station seal the receipts in the book before bringing it into use. Any receipt missing or bearing a wrong printed page number shall, before the book is brought into use, be brought to the notice of the officer in charge of the police station and a report entered in the daily diary.

            (4)        “For all sums of money received in a police station, whether in cash or otherwise on any account whatever, a receipt from this book shall be issued to the remitting party under the signature of the officer in charge of the police station or the station clerk. The officer signing the receipt shall satisfy himself that necessary entry has been made in the cash account which shall be duly attested under his initials at the same time.

            (5)        The road certificate, if any, received with the money, shall be pasted in place of the receipt issued in the receiving, police station. The receipt issued in lieu therof shall be pasted in the remitting office in place of the road certificate issued.

Note:- A road certificate is only an acknowledgement and not a receipt (rule 10-14(4) ).

 

 

22-74. Register No. XX111:-  The Police Gazette and the Criminal Intelligence Gazette will be neatly filed in cardboard covers immediately on receipt. All orders contained in the Gazette, affecting the officers of the police station as a whole or any individual officer, shall be announced at the first roll-call held after the receipt of the Gazette. vide rule 22-11.

            Gazetted officers will see at inspections that these rules are carefully followed and that all orders, etc. in the Gazette are properly dealt with.

 

 

22-75. Register No. XXIV.- All copies of Police Rules must be kept up-to-date and gazetted officers shall see that this is done as soon as correction slip are received from the press.

 

22-76. Register No. XXV.- A blank register of foolscape size shall be maintained in every police station, in which the officer in charge of the police station, on handing over charge on permanent transfer, shall record a confidential charge note for the assistance of his successor. This note should not recapitulate matter which is already on record in Part IV  of the  village crime register or in other registers of the police station, but should deal with miscellaneous local information, which the outgoing officer has gathered during his stay in the jurisdiction, and which would be lost to his successor if not recorded.

            Matters which may suitably be mentioned in these charge notes are-

            (a)        the character and capacity of members of the staff of the police station, including notes of constables who are specially useful for particular types of work;

            (b)       residents of the jurisdiction who are useful to the police as informers or helpers and others who are particularly to be guarded against;

            (c)        directions in which co-operation with other police stations is specially necessary owing to the habits of the criminals of one or the other jurisdiction;

            (d)       special factors affecting crime such as seasonal immigrations of labour local customs or superstitions, etc.;

            (e)        matters of temporary importance, such as serious cases under investigation, preventive action pending, or important orders under compliance.

            This list is not intended to be exhaustive, the object of confidential charge notes is that miscellaneous information, which the experience of successive officers accumulates, and which would not otherwise come on to record, should be available to new comers.

22.77.Station clerk as officer in charge of police station.-- In the absence of senior officers, the station clerk id frequently called upon to act as officer in charge of the police station. He must therefore, be fully acquainted with all the powers, responsibilities and duties of that officer as laid down in the law and in Police Rules. The most important of these and the most important of the other duties devolving on the station clerk and not already detailed in this chapter are-                                                                                           

(1)               registration of cognizable cases and action subsequent to registration- Rule 24.1;

(2)               recording of complaints in non-cognizable cases - Rule 24.3;

(3)               dispatch of special reports - Rule 24.12;

(4)               disposal and completion of case files and completion of registers on the passing of orders in cases - Rule 27.29;

(5)               carrying out arrests - Rule 26.8;

(6)               granting of bail - Rule 26.21;

(7)               submitting applications for remands to police custody - Rule 26.25(2);

(8)               patrolling at rural stations - Rule 23.1;

(9)               issuing orders on the use of handcuffs - Rule 26.23.

In all these matters the station clerk will be guided by the rules referred to and connected law.

22.78. Visits of chaukidars to police station.-- (1) The visit of village watchmen to police stations mentioned in rule 23.3(4) shall be so arranged that while no inconvenience is caused to the watchmen concerned they shall arrive at the police station on different days as far as possible. Opportunity shall be taken of these visits by the police station staff to obtain local information of occurrences in village, to disseminate intelligence relating to crime, absconders, etc., and to impart instruction as to the action required by village officials on the occurrence of crime , etc.

(2) Officers in charge of police station will be held responsible that village watchmen on their periodical visits to the police station are not detained, and that their services are not utilized in improper ways. Any disobedience of these orders must be severely dealt with and gazetted officers should, by personal enquiry when on tour,ensure that these instruction are strictly complied with.

22.79. Orders regarding notices.-- (1) When it is considered necessary to record or communicate to other police stations information regarding unidentified corpses,missing persons, unclaimed, lost or stolen cattle or other property, notices in the forms given below shall be prepared by the carbon copying process and dispatched to the Central Investigation Agency at headquarters and to such police stations as the officer in charge of the police station thinks fit, care being taken that only properly easy of identification is included:-                                                                                                

(a)   Unidentified corposes - Form 22.79(1)(a).

(b)   Missing persons - Form 22.79(1)(b).

(c)    Unclaimed properly, including cattle - Form 22.79(1)(c).

(d)  Property lost or stolen including cattle - Form 22.79(1)(d).

(2)If the matter is urgent the necessary copies shall be made at and dispatched direct from the police station, otherwise notices shall be submitted to the Central investigating Agency at headquarters where the required number of copies shall be made by means of duplicating process and dispatched without delay to such police stations or posts as the submitting officer may recommend, and also, in exceptional cases where such a course is likely to prove effective, to the office of the Assistant Inspector General, Crime and Criminal Tribes, for publication in the Criminal Intelligence Gazette. In addition, in all important cases, the information should be communicated to the chaukidars visiting the police station with a view to its circulation throughout the jurisdiction of the police station.

(3) Office copies of the notices referred to shall be kept and these, as well as the notices received from other police stations,shall, respectively, be given an annual serial number under each class separately and filed for seven years in two bundles,one containing notices of the home police station and the other those received from other police station.

(4) Notices shall be compared with a view to tracing missing persons, owners of unclaimed property, establishing identity of unidentified corpses, etc., and results noted in the column of remarks.

(5)               In the case of similar notices received from other districts or provinces,Superintendents shall exercise their discretion as to the police stations to which they should be circulated and the necessary number of copies shall be made in their own offices if duplicate copies are not received from the forwarding district.

 

 

 

 

 

APPENDIX 20.20

EXTRACTS FROM THE DISTRICT BOARD ACCOUNT CODE, 1926

60. Pound Register to be maintained. - On the admission of an animal to a pound, the pound-keeper shall fill up columns 1 to 8 a pound Register to be maintained in From in 42, taking the signature or thumb mark of the person impounding the animal in column 7, and  shall then issue a receipt for the impounded animal in Form 43.

            (2) If more than one animal is admitted at a time, each animal shall be entered on a separate line in the pound Register.

 

61. Procedure of release of animal pound . - When the owner of an impounded animal or his agent appears to demand the release of his animal the pound-keeper shall make the necessary entries in column 9 to 16 of the Pound Register (Form 42) and fill up a Release Pass, with its counterfoil in Form 44; he shall then demand the fines and charges due on account of the impounded animal, and on their receipt shall take the signature or thumb mark of the owner or his agent in column 20 of the Pound Register and the signature or thumb mark of some person who can identify the person claiming the animal as the owner thereof or his agent in column 21 and shall then release the impounded animal.

 

            (2)        The progressive total of the sums received shall be entered at the foot of each counterfoil of the Release Passes at the time when the counterfoil is filled up and the pass issued, and the entering of the totals shall not be deferred till the end of the day.

 

62.       Sales to be conducted under supervision. -- When a pound is directly managed by the Board, every sale of impounded animals shall be conducted under the direct supervision of the secretary or of a member of the Board, or such other person as the Board may appoint in this behalf or, with the consent of the District Magistrate, a responsible Government official.

 

 

63.       Pound-keeper to attend sales unless exemted. -- The pound-keeper shall attend every sale of impounded animals, unless exempt from such attendance by general or special order of the Board on the ground that his absence would prejudice his other duties; he shall take with him Pound Register and his counterfoil book of receipts for the purchasers of impounded animals sold to be kept in Form 45.

 

64.       Memorandum to be sent to pound-keeper if not present at sale. -- When under the provisions of rule 63 if the pound-keeper does not attend a sale, the officer conducting the sale shall send the sale-proceeds to the pound-keeper with a memorandum showing :-

 

(a)               number and description of animals sold;

(b)               date on which sold;

(c)                name and address of the purchaser;

(d)              amount for which sold; and

(e)               number of animals, if any, returned unsold.

 

65.       Receipt to be issued to purchaser of animals. --  When impounded animals are sold, the pound-keeper shall entered the details of the sale in the Pound Register and give to the purchaser of such animals a receipt in Form 45; if the sale is one that the pound-keeper has not attended, he shall immediately, on the arrival of the memorandum referred to in rule 64 from the officer conducting the sale, send the receipt (Form 45) to the purchaser by registered post, and paste the post-office receipt for the letter on to the counterfoil.

 

            66.       Memorandum showing disposal of proceeds of sales. -- When impounded animals have been sold under the authority of section 14 or section 16 of the Cattle Trespass Act, 1871, the account to be delivered to the owner as required by that section, shall be drawn up by the pound-keeper in the form of a memorandum in Form 46, and the receipt prescribed by the final clause of the section shall be taken in the last column of the counterfoil.

 

            67.       Net sale-proceeds to be sent to Court. -- When animals impounded otherwise than under Chapter III of the Cattle Trespass Act, 1871, have been sold, the pound-keeper shall fill up a memorandum in the same manner as prescribed in rule 66; but the sale-proceeds, after deduction of the fines leviable, the expenses of feeding and watering and the expenses of sale, if any, shall be made over to the court or officer under whose authority the sale was ordered, the words “authorizing officer or his agent” being substituted for “owner” wherever the latter occurs in the memorandum in Form 46.

 

            68.       Sums received on behalf of Board to be entered on Counterfoil of Release passes. -- The pound-keeper shall, immediately on receipt, add to the last progressive total entered in the counterfoils of release passes (Form 44) all sums received by him on behalf of the Board on account of impounded cattle sold.

 

            Explanation:- Charges for feeding and watering appropriated by the pound-keeper, the “balance of the purchase money” under section 16 of the Cattle Trespass Act, and the net sale proceeds under rule 67 are not received on behalf of the Board.

 

            Note - (1) See section 17 of the Cattle Trespass Act, 1871.

            Note - (2) The Balance of the purchase money should be noted separately in red ink below the progressive total and carried forward till the collections are remitted to the treasury.

 

            69.       Remittance of pound collections to treasury. -- (1) All such times as may be fixed by the Board, but at least once a month, the pound-keeper shall remit his collections to the Treasury, with a chalan in Form 8; of the two foils of the chalan received back from the Treasury duly signed, one shall be returned to the pound-keeper, who shall paste it in his Release Pass Book as evidence of the remittance having been made, and the other shall be sent to the Secretary to enable him to enter the amount in his General-book.

 

 

            (2)        The chalan submitted under sub-rule (1) shall specify

(1)               net sale-proceeds of unclaimed cattle,

(2)               other receipts.

 

Explanation:- The amount shown under head (1) shall be the sums entered in column 18, Form 42, as “Surplus credited to account”.

                       

            (3)        The Board shall arrange for the remittance of the collection by money order in cases where this course is necessary in order to avoid interruption in the pound-keeper's duties.

 

            70.       Claims for sale-proceeds of sale of unclaimed animals. -- (1) When a claim is preferred under section 17 of the Cattle Trespass Act, 1871 to any sum credited as the net sale-proceeds of unclaimed cattle, the original credit shall be treated in the Pound Register, and, if on investigation the claim I established, the amount repayable shall be paid under the written orders of the Chairman, and the payment shall be brought to account direct in the General Cash-book (Form 2); the fact of the payment, and the number and date of the payment vouchers shall be noted in the remarks column of the Pound Register against the entry of the original credit.

 

            (2)        No claim for refund of the net sale-proceeds of unclaimed animals shall be entertained if it is made-after the expiry of three months from the date of the sale.

 

            (3)        When an investigation into a claim cannot be undertaken by the Board, it may, at the request of the Board, be made through the District Magistrate.

 

71.       Feed and watering of animals. -- (1) The Board may give an advance, not exceeding ten rupees, to the pound-keeper for the purpose of feeding impounded animals.

 

            (2)        The charge for feeding and watering different classes of animals shall be fixed by the Board, from time to time, at such rates that the receipts from this source do not exceed the actual cost of feeding and watering, provided that half the daily charge for feeding shall be recovered when an animal has been in the pound for less than eight hours.

 

            72.       Inspection of pounds. -- A pound directly managed by the Board shall be open to inspection by any member of the Board or of the District of Audit Staff, and so far as possible, it shall be inspected once a quarter and the results of the inspection shall be recorded in an inspection book, to be kept up at the pound, and any irregularity in its accounts shall at once be brought to the notice of the Chairman.

 

            73.       Pounds Ledger to be maintained. -- A Pound Ledger shall be maintained in the accounts office of the board in Form 47, a separate page being assigned to each pound, in which shall be shown all expenditure on each pound and all income received from each pound, and at the end of the year a statement shall be compiled by the Secretary and laid before the Board showing the net loss or gain to the Board during the year from each pound.

 

 

 

 

 

 

 

APPENDIX 22-26

 

MEMORANDUM OF INSTRUCTIONS FOR COLLECTORS AND

DEPUTY COMMISSIONERS WITH REGARD TO TROOPS

MARCHING THROUGH DISTRICTS UNDER THEIR JURISDICTION

 

PART I

1.         (i) On receipt of information that troops are to march through the district under his jurisdiction, the Collector or Deputy Commissioner concerned will detail a police office or other official to accompany them and take steps to prevent the irregular sale of liquor or fruits to the troops on or near the routs, and exclude from the camp or its vicinity all women of loose character.

 

            (ii)       The official will report himself to the officer commanding the troops the day before the troops enter the limits of his jurisdiction and remain with them until they leave it.

 

            (iii)      He will be the medium of communication in his district between the officer commanding the troops and the subordinate civil officials and inhabitants generally and will give ail the assistance in his power to the officer commanding thr troops.

 

            (iv)      He will settle, in communication with the officer commanding, all disputes with the inhabitants, or with any transport establishments engaged by the civil authorities within his power, and be responsible for reporting cases beyond his powers to his superiors.

 

            (v)       He will be provided with written instructions by the Collector or Deputy Commissioner defining his duties and powers, which he will show to the officer commanding the troops.

 

            (vi)      If irregularities committed by the troops are not discovered until they have proceeded outside the limits of the jurisdiction of the Collector or Deputy Commissioner, he will send a full report of the occurrence to the Officer Commanding the Brigade Area in which it occurred, who will investigate the matter and take all action necessary for its disposal.

 

            2.         (i)        Rationing arrangements for all troops, and animals are made by the Indian Army Service Corps under the order of the General Officer Commanding concerned. A suitable detachment of supply personnel will be in supply charge of the units whilst on the march The civil authorities may be calledupon to provide supplies of the kind mentioned on Indian Army Form S-1526, and such articles as are not ordinarily kept in stock (e.g. sheep fowls and eggs) or which are rapidly perishable (e.g., milk); other ration articles will not be demanded from the civil authorities.

 

            (ii)       When the assistance of the civil authorities is necessary, any in the case of prearranged marches, i.e., when marches are not due to a sudden emergency, the General Officer Commanding concerned will detail an advance party consisting of personnel of the supply service, or of the unit marching, to go ahead to the troops and associate themselves with the civil officials in the purchase of supplies. The Civil authorities should be informed that an advance party is being sent to assist in the necessary purchases.

 

            (iii)      All indents on the civil authorities, for the class and quantity of articles which they are required to supply, should be preferred on them a fortnight before theyare actually required. Any changes in dates, routes or quantities of supplies must be communicated at once to all concerned. Losses due to these circumstances will only be borne by the State when the competent financial authority is satisfied that they were unavoidably due to circumstances beyond the control of the responsible authority or unit. Losses due to excessive estimates will be borne by the unit responsible.

 

            (iv)      To enable the civil officials to purchase supplies, the military authorities, when submitted their indents for supplies will arrange to pay in advance to the responsible civil authorities a sum to cover the cost of the supplies requisitioned. This advance will be obtained from the Controller of Military Accounts concerned. If time does not permit of an advance being obtained from the Controller of Military Accounts, it should be obtained from the civil treasury on the authority of a station order as provided for the paragraph 16(viii) or Pay and Allowance Regulation, Part II.

 

            (v)       The advance party is responsible for the actual acceptance of supplies, the passing on of which should be done in the presence of the civil official. The military authorities will then be responsible for the payment of the demand made by the civil official for the above accepted supplies. Rejections should only be made when the articles tendered are unfit for consumption owing to their being below the standard usually consumed by the persons or animals for whom they are intended. Supplies which have been accepted by the advance party will not be subject to further passing in the decision of the officer commanding the advance party being final. If the supplies become unfit for consumption owing to the late arrival of the unit or to causes outside the control of the supplier, a receipt for the supplies must be granted by the officer commanding the troops to the civil official concerned.

 

            (vi)      The military officer who takes over supplies from the civil official will furnish the latter with a receipt for the supplies actually received and will send a duplicate of this receipt to the military authority responsible for the submission of the original indent.

 

            (vii)     When supplies of a quality inferior to that which might reasonably have been expected are provided, a report to this effect will be made by the officer commanding the troops to the district civil officer.

 

            (viii)    If shops are, or can be established on or near the camping ground, articles such as sheep, fowls, eggs, milk, etc., will be retailed by the shop-keeper; if shops neither exist nor can be arranged for, these articles will be supplied in the usual way and arrangements made for their retail issue and the subsequent disposal of any suplus.

 

            (ix)      In the case of marches due to sudden emergencies when sutticient notice of the arrival of a unit in a district cannot be given, or an advance party sent ahead of the troops, and the supplies have consequently to be arranged by the civil authorities n a hurry, the Indian Army Service Corps officer or, in his absence, the officer commanding the troops should bear in mind the following factors before rejecting supplies arranged for by the civil authorities:-

 

(a)               The notice given and the circumstances in which the supplies were purchases.

(b)               The quality which might reasonably be expected in the district traversed.

(c)                Whether the supplies are fit for consumption though below the usual standard.

 

If it is necessary to reject supplies on account of unfitness for consumption, the officer commanding the troops will furnish the civil official concerned with a statement showing the nature and quantity of supplies so rejected, and will furnish  a duplicate copy of this statement to the military authority originally responsible for making the demand, who will arrange with the Controller of Military Accounts concerned to obtain a refund from the civil authorities in respect of such supplies.

 

            (x)        The officer commanding will be responsible that whenever any article is taken without payment, or when dasturi is enacted, the responsible person is severely dealt with. He will cause the officer of the day to visit the bazaar frequently to see that the guard or military police, which should be posted thereon, are doing their duty and that no irregularities are permitted. The officer commanding will ensure that he is reading accessible to any civil official or inhabitant who may be desirous of lodging a complaint.

 

            (xi)      The civil supply official should report to the officer commanding each evening whether any claims remain unsettled, and, if so, the latter will personally see to their immediate settlement. The civil official should endorse all receipts given for payments made, and the officer commanding should not accept receipts unless so endorsed.

 

            (xii)     Individuals or small parties will ordinarily purchase their own supplies from bazaars. If any assistance is required, they will apply to the local police officer.

 

3. (i)    The Collector or Deputy Commissioner is responsible (except in the case of Baluchistan where the Military Engineer service authorities will be responsible), for the maintenance in good order of all established camping grounds outside cantonments within his jurisdiction.

 

            (ii)       He will be responsible that they are not cultivated, and that jungle growth is removed, also that boundary pillars are kept in repairs, that the wells are in good order, and also incinerators are provided.

 

            (iii)      When troops are to march through his district, the officer commanding the unit concerned has orders to send him a copy of the itinerary in good time to enable him to make all arrangements for the wells to be cleaned out if they have not been in regular use.

 

            4.         When any special arrangements for troops are required at ferries, the Brigade Commander concerned has orders to give the civil authorities concerned ample notice.

 

            5.         unless prevented by urgent business in another part of the district, the Collector or Deputy Commissioner should make a point of being present at his headquarters to receive the troops with due honors.

 

            6.         The higher officers of the several departments serving in the district or present on tour in it should be informed of the coming of the troops so that they may have an opportunity of participating in their reception.

 

            7.         The president and councilors of the local municipality should be invited to meet the troops at the entrance to the town.

 

            8.         The educational authorities should be directed to turn out schools on the line of march.

 

            9.         The instructions in paragraphs 5, 6, 7 and 8 apply only in the case of those routes which are infrequently used by troops and to occasions when the special object of the march is to impress people with the strength and importance of the Military arms of Government.

 

PART II

RULES FOR THE SUPPLY OF CARRIAGE BY THE CIVIL

AUTHORITIES

 

Indents. - Indents on the civil authorities for hired carriage required for the movements of troops or stores will be prepared on India Army Form S-1675, giving full details of requirements and send so as to reach the district or political officer concerned if possible not less than 15 days (one month in Gwalior State and 21 days in cases of marches through the desert talukas of the Tharparkar District of Sindh) before the carriage is required.

 

            2.         Collection and payment. - Hired carriage will not ordinarily be required to proceed beyond the limits of the next civil district on the route, but will be exchanged, if possible, at such stations as may be fixed by the local civil authorities.

 

            It will be paid for at the authorized local rates from the date on which it is engaged for the march to the date of its discharge, both inclusive. Half hire will be paid for the return journey from the exchanging station to the place where the carriage was engaged. If the carriage is taken beyond the exchanging station, full hire will be paid for the return journey, from the place where the carriage is released to the place where it was engaged without any allowance for halts. If the carriage has to be collected be fore the date on which it is required, the civil authorities will inform the indenting officer of the time required for collection before the start, and the probable extra expense that will be incurred. Carriage which ordinarily plies for hire, and is on the  list to be kept by the district officer, will first, will first be called upon and the balance will be made up by impressments. Carriage indented for in excess of requirements, and discharged, will be paid for at the full hire rate for each day or part of a day for which it is retained. If carriage is declared unserviceable through deliberate fault or culpable negligence of the cart man by a committee of officers (which will include the civil officers), it will not be paid for. When Chaudhries are engaged to collect carriage, their fees, at the local rates, will be paid for by the Army Department.

 

            3.         Advance and handing over of carriage. - On engagement of the carriage, the civil or political officer will advance to the owners half the estimated hire for the full journey, and obtain a receipt for the same. To enable the civil official to make these advances, the indenting officer when submitting his requisition for carriage will remit to the civil officers concerned a sum sufficient to cover the amount which the latter will be required to advance. A receipt will be obtained for this advance which will be subject to adjustment.

 

            The carriage will be sent to the place required in charge of a tahsil or durbar official who will hand to the indenting officer a detail of the composition of the carriage,

 

Authorized loads, owner's name, amount advanced and the receipt for the same, and intimation as to the station at which the carriage should be exchanged (See India Army Form S-1675). The advance remitted to the civil officials will then be adjusted at once.

 

            4.         Exchanging station - The civil officer supplying the carriage will at the same time warn the civil officer at the first exchanging station of the transport requiring exchange, and the date and place at which it will be required. A copy of this should be furnished to the indenting officer to enable an advance to be remitted. The civil officer at the first exchanging station will then proceed as in paragraph 3 and warn the next exchanging station. Similar action will be taken at each exchanging station on the route.

 

            5.         Change in original transport, requirements. - If any change is required on route in the original quantity and description of transport supplied, the officer commanding the troops will give the civil officer at the exchanging station concerned as mucl notice as possible.

 

            6.         Unserviceable carriage. - Carriage breaking down between exchanging station should be replaced on the spot in communication with the  local civil officials and paid off. If the advance received has not been liquidated, the owner must refund the amount then due.

 

            7.         Discharge of carriage. - On arrival at an exchanging station or at destination the carriage will be at once released and paid off by the Indian Army Service Coros Officer, if there is one, otherwise by a British officer of the marching unit in the presence of the  civil official attached to the  troops, the acquittance roll being signed by both and countersigned by the Officer Commanding. Any disputes will be referred to, and settled by, the district civil officer at the place at which the transport is released.

 

            8.         Detention of transport. - If carts are brought from a distance and detained at a camp of exercise, etc., the full hire will be paid for each day of such detention. Carriage will not, however, be detained at a camp which lasts for five days or over, except in very special circumstances.

 

            9.         Protection certificate. - When a carriage is discharged, a certificate in English and the vernacular should be given by the civil officer at the exchanging station, or by the civil officer accompanying the troops, to each person in charge thereof, to protect the carriage from being taken for the use of troops while on its return journey unless such troops are marching in the direction of the owner's home. If so employed, the full hire rate will be paid.

 

 

 

APPEDIX 22.68(2)

            Powers and duties of Police Officer under the Indian Arms Act, Excise Laws, Explosives Act, Petroleum Act, Poisons Act and Sarais  Act.

1-      THE INDIAN ARMS ACT, NO XI OF 1978.

1-                  Since section 5 of the act requires a person who sells arms or ammunition lawfully possessed by him for his private use, to a person other than a person exempted under section 27 of the Act, to give, without unnecessary delay, notice  of sale with name and address of the purchaser, to the officer in charge of the nearest Police Station, it shall be duty of such Police Officer to record such notice.

On receipt of such notice the Police Officer may make enquiries as to the correctness of the purchaser's name and address, if necessary obtain a report from the Superintendent of police of the district in which the purchaser's lives,-vide Rule VIII of the Rule promulgated with Punjab Government notification No 8408, dated the 05-03-1929(reproduced in Appendix No.12.14).

2-                  All police officers not below the rank of officer in charge of a police a station are empowered to detain arms, ammunition or military stores under section 6 of the Act, vide rule 1 of the promulgated with Punjab Government notification No 8404, dated 5-03-1929(reproduced in  Appendix No 20.14).

3-                  Under section of the Act, any police officer may apprehend without warrant any person found carrying or conveying any arms, ammunition or military stores, whether covered by a licence or not in such manner or under such circumstances as to afford just grounds of suspicious  that the same are being carried by him with intent to use them, or that the same may be used, for any unlawful purpose and also take such arms, ammunition or military stores from him.

All persons so apprehended by, or persons apprehended (under section 12) by a person not being a Magistrate or a police officer and delivered to, a police officer and all arms and ammunition seized by or delivered to any such officer under this section shall be taken without unnecessary delay before a  magistrate.

4-                  Under section 13 of the Act, any police officer may disarm any person who is found going armed with any arms except under licence and to the extent and in the manner permitted thereby.

5-                  An officer  in charge of police station any arms, ammunition or military stores deposited by any person under the provisions of section 16 of the Act and will act as laid down in paragraph 22.69, Police Rules, and after seven days, if the owner has not obtained a licence authorizing to possess them, the ammunition and military stores shall be forwarded to the Headquarter of the district and kept in the Malkhana of the District Magistrate or in the Police Magazine.

6-                  Under section 17 of the Act, the powers and duties of the police officers as regards inspection of licensed premises and maintenance of register under the Arms Act detailed in paragraph 20.14 of the Police Rules.

7-                  Under section 19 of the Act, the Police has powers to arrest without a warrant those persons who commit breach of section 5,6,10,13,14 or 17 as given in the said section.       

8-                  Under section 20 of the Act, the Police has powers to Arrest, without a warrant those persons who commit secret breaches of section 5,6,10,14 and 15 as mentioned in clauses (a), (c), (d) or (f) of section 19 of the  Act.

9-                  Under section 25 of the Act, all police officers not below the rank of officer in charge of police station have been empowered (subject to the orders of a magistrate) to conduct searches by themselves or their presence.

10-              Under section 30 of the Act read with rule III of the Rule promulgated with Punjab Government notification No 8408, dated 5-03-1929 (reproduced in Appendix No 20.14), all police officers of rank not below that the officer in charge of a police station searched have been appointed by virtue of their office conduct searches for offence punishable section 19(f) of the  Act.

 

II - EXCISE LAWS.

(1)   The Punjab Excise Act No 1 of 1914.

Under section 11, read notification No 5708-E&S dated 27-10-1932 the following officers of police have been invested with the powers of an Excise Officer of the Ist Class-

(a)   All Superintendent, Assistant Superintendent and Deputy Superintendent of Police.

(b)   All Inspectors, sub-inspectors and Assistant Sub-Inspectors of Police.

(c)    All Head Constables

All constable of Police have been invested with powers of an Excise Officer 3rd Class.

Under section 10(b) of this Act, the powers of Excise Officers of the classes specified below have been declared to be as follows:-

(a)   Powers under section 47 to arrest without warrant any person found committing an offence under section 61(1) or (c) or section 61(2) (a), (c) or (e).

(b)   Powers under section 47 to seize and detain excisable or other articles liable to confiscation in connection with any of the  aforesaid offences and to detain and search package, search upon whom and vessel. Raft, vehicle , animal package, receptacle or covering in or upon which he may have reasonable cause to suspect any such article to be.

B- Powers of an Excise Officer of  the 2nd Class -

(a)   All the powers of an Excise Officer of the 3rd  Class.

(b)   All powers not included in the  foregoing and conformable under section 47.

(c)    Powers to enter and inspect places of manufacture and sale, and to examine and seize accounts and register, test measures, weight and seize materials, stills, utensils, implements, apparatus or excisable article as provided in section -45.

C- Powers of an Excise Officer of the 1st Class-

 

(j)                 Power to investigate under section 46.

(ii)              Power to search without warrant as provided in section 49(1) and to seize, detain search and arrest as provided in section 49(2).

(iii)            Power to grant bail under section 73.

Under section 50 of this Act, any offence under this Act may be investigated by an officer empowered under section 46.

Whenever any police officer makes any arrest, seizure of search, he shall within 24 hours thereafter make full report of all the particulars of the arrest, seizure of search to his immediate official superior and shall unless bail be accepted under section 73, take or send the person arrested or the articles seized, with all convenient dispatch to a Magistrate for trail or adjudication.

 

Under sections 51 all Police Officer are required to aid the Excise Officers in the due executor; of this Act upon a request made by such Excise Officers.

Under section 53 every officer in charge of a Police Station shall take charge of and keep in safe custody, pending the orders of a Magistrate or of the Collector or an officer empowered under section 46 ( 1) to investigate the case, all articles seized under this Act which may be deliver to him and shall allow any Excise Officer who may accompany such articles to the Police Station, or may be deputed for the purpose by his superior officer to affix his seal to the articles and to take samples of an from them. All samples so taken shall also be sealed with the seal of the Officer-in-charge of the Police Station.

 

Offences under section 61 and 63 are  cognizable by the Police as also their attempts and abatements. The powers of arrest have been detailed above.

 

Under the 73, the Police Officers not empowered to take security ( I,e, Constables) should take of forward the person arrested under this Act, otherwise than on a warrant, to the officer empowered under section 10(b) or to the Officer-in-charge of a Police Station whoever is nearer.

 

(2)   the Opium Act I of 1878. Under section 9, read with section 14 notification No. 5708-E.& S, dated the 27- October 1932, a Police Officer of and above the rank of Head Constable may if he thanks proper, arrest any person whom he has reason to believed to be guilty of any offence relating to opium under this or any other law for the time being in force.

Under the same section read with section 15, any Police Officer may detain and search any person whom he has reason to believe to be guilty of any offence against this or any other such law, and if such person has opium in his possession, arrest him and any other person in his company.

Since Section 11 requires that in any case in which the offence under section 9 has been committed.

(a)               the opium in respect of which any offices under the same section has been committed,  

(b)               where in the case of an offence under clause (b) or (c) of the same section, the offender is transporting, importing or exporting any opium exceeding the quantity which he is permitted to transport, import or export, as the case may be, the whole of the opium which he is transporting, importing or exporting.

(c)                Where in the case of an offender under clause (d) of the same sections, the offender has in his possession any opium other than the opium in respect of which the offence has been committed, the whole of such other opium and

(d)              The vessels, packages and coverings in which any opium liable to confiscation under this section if found and the other contents ( if any ) of the vessel or package in which such opium, may be concealed and the animal and conveyances and in carrying it, are liable to confiscation, it shall be the duty of the Police to take all these articles in to possession.

Under Section 14, read with Government notification No. 5708-E-&.S., dated the 27, October, 1932, any Police Officer above the rank of Constable who has reason to believes, form personal knowledge or from information given by any person and taken down in writing, that opium liable to confiscation under this Act, is kept or concealed in any buildings, vessel or enclosed place may, between sunrise and sunset.

(a)               enter in to any such building, vessel or place;

(b)               in case of resistance break open any door and remove any other obstacle to such entry;

(c)                seize such opium and any other thing which he has reason to believe to be liable for confiscation under section 11 or any other law for the time being in force relating to opium; and

(d)              detain and search and if he thinks proper, arrest, any person whom he has reason to believe to be guilty of any offence relating to such opium under this or any other law for the time being in force.

Under Section 15 of the Act, any Police Officer may:-

(a)               seize in any open place or in transit, any opium or other thing which he has reson to believe to be liable to confiscation under section 11 or any other law for the time being in force  relating to opium;

(b)               detain and search any person whom he has reason to believe to be guilty of any offence against this or any other such law, and, if such person has opium  in his possession, arrest him and any other person in his company         .

Under Section 16, all searches under Section 14 and 15 shall be made in accordance with the provisions of Criminal Procedure Code.

Under Section 17, it is the duty of all Police Officers, upon a notice given or a request made, to assist all officers mentioned in Section 14 in carrying out provisions of this Act.

Under Section 20, every person arrested and thing seized, by a Police Officer under section 14 or Section 15 shall, if he is not an Officer-in -charge of the Police Station be forwarded without delay, to the Officer-in-charge of the nearest Police Station and every person arrest and thing seized under Section 19 shall be forwarded without delay by the Police Officer to the Officer by whom the warrant was issued.

The Officer-in-charge of Police Station to whom any person or thing is forwarded under this section shall, with all convenient dispatch, take such measures as may be necessary for the disposal according to law, of such person or thing.

Under Section 21 of the Act, when any arrest for seizure is made under this Act by any Police Officer, he shall within 48 hours next after such arrest of seizure, make a full report of all the particulars of such arrest or seizure, to his immediate official superior.

(3)   the Punjab Opium Smoking Act, No. VI of 1932 :-Under Section 14, every officer of the Police shall be bound to give reasonable aid to any Excise Officer in carrying out the provisions of this Act upon notice given and request made.

(4)   The Dangerous Drugs Act No. II of 1930 :- Offences under Sections 10 to 15, the attempts and abatements thereof described in Section 20 and 21 are cognizable by Police, Section 23 and Government order there under empower all Police Officers of and above the rank of Head Constable to arrest, if they think proper, any person whom they have reason to believe to have committed an offence punishable under Chapter III, relating to a dangerous drug, whereas section 24 empowers any Police Officer to arrest any person who is found to be in unlawful possession of dangerous drug.

Under Section 18, the Police can recommend, for the  persons sent up under Section 10, 12,13, or 14 that security for abstaining form the commission of offences punishable under those sections be taken from them.

Under Section 23 any Police Officer above the rank of constable, who has reason to believe, form personal knowledge or form information given by any person and taken down in writing, that any dangerous drug in respects of which an offence punishable under Chapter III of this Act has been committed is kept or concealed in any building, vessel or enclosed place may, between sunrise and sunset.

(a)               enter in to any such building, vessel or place;

(b)               in case of resistance, break open any door and remove any other obstacle to such entry;

(c)                seize such drug and all materials used in the manufacture thereof and any other article which he has reason to believe to be liable to confiscation under Section 33 and any document or other article which he has reason to believe may furnish evidence of the commission of an office punishable under Chapter III relating to such drug; and

(d)              detain and search , and, if he thinks proper, arrest any person whom he has reason to believe to have committed an offence punishable under Chapter III relating to such drug.

Provided that if such officer has reason to believe that a search warrant cannot be obtained with affording opportunity for the  concealment of evidence or facility for the escape of an offender, he may enter and search such building, vessel or enclosed place at any time between sunset and sunrise, after recording the ground of his belief.

Under sub-clause 2 of this Section, such officer, where he has recorded information under sub-section 1, or recorded grounds of his belief under the proviso thereto, shall forth with send a copy thereof to his immediate official superior.

Under Section 24, any Police Officer may-

(a)               seize in any public place or in transit any dangerous drug in respect of which he has reason to believe an offence punishable under Chapter III has been committed, and along with such drug, any other article liable to confiscation under section 33 and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under Chapter III relating to such drug;

(b)               detain and search any person whom he has reason to believe to have committed an offence punishable under Chapter III and, if any such person has any dangerous drug in his possession and such possession appears to him unlawful, arrest him and any other person in his company.

Under Section 26, it is the duty of all Police Officer makes any arrest or seizure under this Act, he shall, within 48 hours next after such arrest or seizure make a full report of all the particulars of such arrest of seizure to his immediate official superior.

 

Under Section 29, every person arrested and article seized under a warrant issued under Section 22 shall be forwarded without delay to the authority by whom the warrant was issued; person serrated and articles seized under Section 23 and 24 shall be forwarded with delay to the officer-in-charge of the nearest Police Station of the Excise Department empower under Section.

             

The officer-in-charge of the Police Station to whom any person or article is

forwarded under this section shall, with all convenient dispatch, take such measure as may be necessary for the  disposal according to law of such person or article.

Since Section 33 requires that whenever any offence has been committed which is punishable under Chapter III, the dangerous drug materials, apparatus and utensils in respect of which or means of which such offence has been committed, shall be liable to confiscation and also many dangerous drug lawfully imported, transported, manufactured, possessed or sold along with, or in addition to , any dangerous drug which is liable to confiscation under sub-section 1` of that section  and the receptacles, packages and coverings in which any dangerous drug material apparatus or utensils liable to confiscation under sub-section 1 of that section is found, and the other contents, if any of such receptacles or pacakages and the animals vehicles, vessels and other conceyance used in carrying the same, shall be liable of confiscation , it shall be the duty of every Police Officer acting under the provisions of this Act, to take in to possession all the things enumerated above.

 

III -THE INDIAN EXPLOSIVES ACT, IV OF 1894.

 

1.                  Under rule 106 of the rules made under Section 7  of the Indian Explosives Act IV

of 1884, promulgated by the Government of India notification No. M-1217, dated

the 30 November, 1940, all Police Officers of the rank not below that of Sub-Inspector are authorized within their respective areas to enter, inspect and examine the licensee's premises, check the stores with the Stock and Sale Register and report the result of such inspection to the District Magistrate through the superintendent of Police.

2.                  They are also authorized to search any place in which an explosive has been or is

being manufactured, possessed, used or sold illegally and to seize, detain and remove any such explosive found therein. All such searches and seizures shall forth with be reported to the District Magistrate through the Superintendent of Police by telegram, if necessary.

3.                  they may take samples of the explosive found there in on payment of the value

thereof, if such payment is demanded at the time.

4.                  The shops, premises, and stocks of all licensed manufactures and dealers shall be

inspected once a months by the Sub-Inspectors of Police and once in every quarter by the Inspectors and Gazetted Officers in supervisory charge of the  1 Iiaqa in which the premises are situated. At least one inspection in each ever shall be performed by the Superintendent of Police.

 

Surprise visits to these places shall also be made by the Police officers especially on the eye of festivals when stocks of fire-works are likely to exceed the limit prescribed in the license.

5.                  Section 13 of the Act empowers any Police Officer to arrest, without a warrant,

any person who is found committing any act punishable under the Act, or Rules under the act, which tends to cause explosion or fire in or about any place where explosive is manufactured or stored, etc.

 

IV-THE PETROLEUM ACT, XXX OF 1934

 

Under the Section13, read with Central Government notification No. M-826 (1) dated the 22nd March, 1937, as amended by notification No. M-826(4) dated the 15th  September, 1937, all Police officers of or above the rank of Inspector of Police have been authorized by virtue of their officer to enter any place where petroleum is being imported, stored, produced, refined or blended, or is under transport and inspect all receptacles, plant and appliances used in connection with petroleum in order to ascertain if they are in accordance with the provisions of Chapter I of this act and the Rules made thereunder; within the respective areas over which their authority extends.

 

Under Section 14, read with Central Government notification No- M826 (2)

dated the  22nd March 1937, as amended by notification Nos, M-826, dated the 26 August, 1937, and M-826(5) dated the 15 September, 1937, all Police Officers mentioned in the above paragraph may enter any place where petroleum is being imported, transported, stored, produced, refined or blended and inspect and take samples for testing of any petroleum found therein, with the respective areas over which their authority extends.

 

Under Section 26, read with Central Government notification No. M-826 (3) dated the 22nd March 1937, as amended by notification No M-826 (7)  dated the 15 September, 1937, all Police Officers of rank not below that of Sub-Inspector in the respective areas over which their authority extends have been authorized by virtue of their office to enter and search any place where he has reason to believe that any petroleum is being imported, transported, stored, produced, refined or blended otherwise than in accordance with the provisions of this Act and the rules made thereunder, and to seize, detain or remove any or all of the petroleum in respect of which in his opinion an offence under this Act has been committed. The searches under this Act shall be made according to the Code of Criminal Procedure, 1898, so far as they are applicable.

 

 

                                    V-THE POISONS ACT, XII OF 1919.

 

 

Under rule XII of the Rules framed under Section 2 of the Act a Police Officers of a above the rank of Sub-Inspector may at any time visit an inspect the premises of a license-holder where poison is kept for sale and may inspect all poisons found therein and the registers of sale of poisons and stock of poisons maintained under rules X and XI.

 

                                    VI-THE SARAIS ACT, XXII OF 1867

 

SINCE UNDER RULE 2 OF THE Rules framed under Section 13 of the Act,-vide Government notification No.177, dated the 15th  February, 1911, the District Magistrate may refuse to accept as the keeper of a sarai any person who does not produce a certificate signed by the Officer-in-charge of the Police Station in whose jurisdiction the sarai is situated, to the effect that, to the best of his belief,  the applicant's character is not such as to preclude his being permitted to keep a Sarai, it shall be the duty of the Officer-in-charge of the Police Station to verify and furnish a certificate accordingly.

 

On being authorized by the District Magistrate under section 7(2) of the Act, any Police Officer not less in rank than a sub-Inspector may visit and inspect at any time of the day or night any Sarai so registered or any part thereof.

 

 

 

 

 

 

 

 

 

 

FORM No.22.40

CHARGES FOR MAINTENANCE OF ANIMALS

 

POLICE STATION                                                                                                               DISTRICT                                         

 

F.I.R. No.                                                                                                                               Date                                                   

 

Number of animals

 

 

*Kind of animal

Rate per day

Number of days

Total

REMARKS

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                Grant Total

 

                                                                                                                                                            Complainant

The above charges are  dut to                                                                                                                                                       

 

 

1.      Buffalo.

2.      Bullock or Cow.

3.      Horse.

4.      Pony.

5.      Camel.

6.      Donkey.

7.      Sheep or goat.

 

 

FORM No. 22.43(3)

 

No.                                                                                                                                                                  Date                                       

 

                                                VOUCHER ENGAGING ACCOMMODATION BY MOTOR-VEHICLE

 

 

Certified that                                                 Seals(s)           has/have engaged for the journey from              to                                 on

 

Motor omnibus owned/driven by                                                           on account of prisoners/constables.

 

            Purpose of journey                                                                                                                           

 

No. and date of entry in Police Station Daily Diary                                                                                          

 

Amount of fare due for payment Rs.                                                                                                                   

 

Signature of Police Officer engaging accommodation

 

 

                                                                                                                        (Signature)                                                                

                                                                                                                         

  Rank                                                                        

 

 

 

Date of payment and signature of gazetted officer signing the bill

 

 

                                                                                                                                                (Signature)                                                                

           

FORM No.22.48(1)

 

REGISTER NO.11.- THE STATION DAILY DIARY.

 

STATION                                                                                                                                                                                                      DISTRICT

 

            The following officers were present at morning roll-call                                                                      Sub-Inspector                                               

 

Assistant Sub-Inspector                                                      head constables                                                                                                      

 

constables                                                                              mounted head constables                                                               mounted constables.

 

The remaining staff were                                                    on duty                                              sick. The Station is                                      

 

under/over sanctioned strength.

 

Remarks                                                       

 

Diary of the above station commencing at                                                          o' clock on the                                                                       and ending

 

                                                             o'click on the                                                                                                                                   

 

Serial No.

Name of reporter

Substance of report

 

 

 

 

 

 

 

 

 

Signature of officer incharge of police station.

FORM No.22.54(a) Part 1.

 

POLICE DEPARTMENT                                                                                                                                                                            DISTRICT

 

                                                            PART 1-Absconders in cases registered in the home police station.

                                                              (Residents of the home police station to be written in red ink).

 

1

2

3

4

5

6

7

8

9

Serial No.

Name parentage

Caste and

Description of

Absconders.

 

 

 

Residence

i.e, vil-

lage,

police station

 and

district

Offences,

FIR No.

& date.

places and

date of

offence

Reward

offered

 

Clues to

probable

whereabouts

 

Action taken to procure arrest deta-

ils to be given as to:-

(a)   Police Station of the home distr-

ict to which notices sent.

(b)   Police Station of other district

to which notices sent.

(c)    Date on which notices sent for

publication in “C.I. Gazette”.

(d)  If a P.R.-Convict, date of intim-

ation to F.P. Bureau.

(e) Action Taken under Secs.

512/87/88, Code of Cr.P. with dates.

(e)   Details of any other action taken,

with dates and name of court.

(f)     Has History Sheet been opened

in home district and name entered

in Register No. X ?

 

Signature

of gazetted

officer

 

Date of

Arrest,

Death,

Cancellation

Or removal

To proclaimed

Offenders'

List

 

 

 

 

 

 

 

 

 

 

                        NOTE.-This register is to be printed on foolscape folio size ruled paper.

 

 

FORM No.22.54(a). Part II.

 

POLICE DEPARTMENT                                                                                                                                                                DISTRICT

 

                        PART II.--Absconders in cases registered in other police station but residents of or likely to visit this police station.

                                                                        (Residents of the home police station to be written in red ink)

 

1

2

3

4

5

6

7

8

9

10

Serial No.

Police Sta-

tion or dis-

trict sub-

mitting no-

tice, name

of abscon-

der

 

Parentage,

caste and

description

 

Residence,

i.e., village,

police

stations

and district

Offence,

FIR No. &

date, place

and date of

offence.

Reward

Offered

 

 

 

 

 

 

Clues to

Probable

Where-

abouts

Action taken to procure

arrest, details to be

given as to:-

(a) Action taken under

Secs. 512, 87/88, Code

of Criminal Procedure,

with date.

(b) Details of any other

action taken, with dates

and name of Court

Signature

of gazetted

officer

Date of arrest

death,

cancellati

on              or

removal    to

proclaimed

offeder's list

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                   

                        NOTE.-- This Register is to be printed on foolscape folio size ruled paper.

 

 

 

 

FORM NO.22.54(b)

 

ABSCONDING MEMBERS OF REGISTERED CRIMINAL TRIBES

 

1

2

3

4

5

6

7

8

Serial No.

Name, parentage

and  full

description

If proclaimed

Under section

87, Code of

Criminal Pro-

cedure, number

and date of

court

Tribe or caste

Residence or where

last settled

Reference to

police  station

register No.8

Associates

Places he is

Likely to visit.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(To be drawn by hand )

 

FORM No.22.55

REGISTER No.V.--register or correspondence.

 

STATION                                         

 

1

2

3

4

5

6

7

No.

Date of order, etc.

By whom issued

Substance of

Order or letter

Received

No.

Date of report

Substance of

report or letter

despatched

 

 

 

 

 

 

 

 

 

 

 

NOTE.-- To be drawn by hand. The heading to be written on the first page only.

FORM No.22.56(1)

CHARACTER ROLLS OF GOVERNMENT SERVANTS OR APPLICANTS

            FOR GOVERNMENT EMPLOY VERIFIED BY THE POLICE

 

1

2

3

4

5

6

7

8

9

Annual Serial

No.

Date of re-

ceipt of roll

From whom

received

 

Where employed

or service for

which applying,

i.e.,  Railway,

Police, Military,

& C.

 

Name and

parentage of

applicant

 

 

Village of

resident

 

 

How, when

and  by whom

c h a r a c t e r

tested,         and

re-suit of

enquiries

Date of

return of

roll

REMARKS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.22.58(a)

                                                                                                DISTRICT

Register of adult criminal tribes residing in                                                                                                                              

                                                                                                                                                                        Settlement

                        (Prepared in accordance with sections 4, 5, 7 and 8 of Act VI of 1924)                       

 

           

1

2

3

4

5

6

7

8

9

10

11

Serial No.

Name

with

aliases

and

father's

name

 

Caste and

sub-caste

 

Residence

at time of

registration

with Police

Station and

District

and  date

of registration

 

Date of

birth 

height,

distinctive

physical

features

 

 

Number

and date

of notifica-

tion under

Sec.11 or

12 of Act

under

which

restricted,

with No.

of Govt.

notification

 

Area to

which

move-

ments are

restricted

or place in

which

settled

Signature

of officer

preparing

register

under Sec-

tion or

making an

entry or

erasure

under Sec.

7 or 8 and

date

Convictions

giving sec-

tions of law,

places and

dates and

sentences

(entries after

registration

to be shown

in red ink)

Sub-

sequent 

orders,

date of

transfer,

cancella-

tion of

registra-

tion,

death,

remarks,

etc.

 

 

 

 

Left

thumb-im-

pression

 of person

registered

with

District

serial 

No. of

Finger

Print slip

and  signa-

ture of

recorder

with date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.22.58(b)

POLICE DEPARTMENT                                                                                                                                                    DISTRICT

 

Register of male children of members of Criminal Tribes

1

2

3

4

5

6

7

8

 

 

 

AREA TO WHICH THE

   GANG OR TRIBES IS

         RESTRICTED

 

Serial No.

Name

Father's Name

Tribe

Date of birth

Village

Police Station

Remarks

 

 

 

 

 

 

 

 

 

 

 

FORM No.22.58(c)

POLICE DEPARTMENT                                                                                                                                                    DISTRICT

                        REGISTER OF BOYS CRIMINAL TRIBES TO BE MAINTAINED AT THE DISTRICT POLICE OFFICER

                                                  (Entries to be made strictly by date of birth, irrespective of caste and residence)

1

2

3

4

5

6

7

8

9

10

11

12

Serial

No.

Police

Station

Village of

birth  or

present

residence

Name

of boys

Name of

his father

and  grand-

father

Date of

birth 

according

to Christian

Era

Tribe

Date on

which

registration

will

become

due

 

Date of

father's

death, if

orphan

Whether

he is

complying

with

Rule 42

Date of

exemption

under

Rule 4(b)

with

reference to

District

Magistrate's

order

Subsequent

remarks

regarding

order of

registration

or change of

residence,

& C.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                FORM No. 22.59(1) A

 

            VILLAGE CRIME NOTE BOOK OF VILLAGE                                                                                                                         

POLICE DEPARTMENT                                                                                                                                                                DISTRICT

 

                                                                                                                                                                                                                       

PART 1

 

 

                                                                                                Male--

Population by census of 19------------------------------------------------

                                                                                                Female---

            No. of Houses                                                                                              

 

            Names of outlying hamlets with number of houses in each

           

            Revenue

           

            Market days, fair and festivals

 

            Principal castes and tribes

                          Headmen

                   Other leading men

                  Village watchmen

 

 

 

 

 

 

 

 

B-Part II

           

 

                                                                                    FORM No.22.59(1) B

                                                                                    PART II-Crime register

1

2

3

4

5

6

7

Serial No. in First

Information

report Register

Date of occurrence

and name of

complainant

Section of law,

nature of offence

and class  of

property attached

Name, parentage,

   caste and

residence of

accused or

suspect

 

Place where

  property was

  recovered and

where criminals

were found

 

Name's and par-

ticulars of

persons

suspected of

having helped

to conceal

property or the

criminals

by furnishing

ball or

otherwise

 

 

Result of case

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            NOTE.--This register is to be printed in duplicate on foolscap folio size ruled paper and to be written by carbon copying

Process, duplicate copy being perforated.

 

 

                                                                        FORM No.22.59(1)-C

                                                            PART III-Cases traced to the village during the year 19

 

              1

              2

               3

              4

               5

             6

       Serial No.

Police Station village

and district, Number

of First information

Report, with date

Section of law, nature

of offence and class

of property attached

 

Name parentage and

Caste of accused

Name parentage,

caste and address of

all criminals impli-

cated in the case,

whether convicted,

acquitted or suspec-

ted of committing the

offence, and of

harbourers, receivers

or other helpers

of all accused

 

Results of the cases

against  each man

mentioned in

column 5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTE.--This Register is to be printed in duplicate on foolscape folio size ruled paper and to be written by carbon copying

Process, duplicate copy being performed.

 

 

 

 

FORM No 22.59(1)(c)

PART III- A- Cisits to the Village

 

1

2

3

4

5

6

7

Serial No.

Name, parentage

Caste and rela-

tionships, if any

person visited

Name, parentage

Caste and address

Of visitor

Brief reasons for

Suspecting

visitor

Object and dates

Of visit

Number and date

Of bad character

Roll or information-

On sheet received

REMARKS

 

 

 

 

 

 

 

 

NOTE --This form shall be maintained -

(1)   for the visits to village of(a) history sheeters in bundles (a) and (b) persons established through information sheets (Strangers roll) to be doubtful character ; and

(2)   for persons arrested in village under section 55/109, Criminal Procedure Code, provided that they are places on security.

In the case of persons in class (2) the names of their sureties and the reason for standing surety should be entered in the “Remarks” column.

                                                                                                                                                                                                                                   

 

NOTE - This register is to be printed in duplicate on fullscap folio ruled and to be written by carbon copying process, duplicate copy being perforated.

 

FORM No 22.59(1) (D)

PART IV

Note on crime in the village with special reference to factions, land or water disputes, presence of criminal tribes or gangs, occurrence of obstruction on or damage to railway lines within the village, special outbreaks of crime in the village,  etc., in accordance with Rule 23.15.

 

 

 

 

 

 

 

FORM No 22.59 (1) -E

REGISTER IX

POLICE STATION (NAME)

                                    PART V. - Names of residence who have convicted of certain offence

1

2

3

4

5

6

7

8

9

10

Serial No

Name of

Convicted

Persons

And age on

Date stated

In column 5

Parcentage,

Caste and

Occupation

With

Convicted

And nature

Of the

offence

Section and

Act under

Which

Convicted

And nature

Of the

offence

Name of

Court,

District,

Sentence

And date of

conviction

Date of

release

Whether

Entered in

Book X

(Surveillance-

 Register) with No

of History

sheet , if any

 

 

Singnature

Of police

Officer

Making the

Entry and

Date of

making

Place of

Crime, if

Committed

Outside the

village

REMARKS

(Name,

parentage

caste, and

address

of convicts

and co-sus-

pects,

places

where arre-

sted and

property

recovred

and

resident of

person who

stood bail)

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTE -This register is to be printed on foolscap size paper with heading on the first page only.

 

 

 

 

FORM No 22.59(1)_E

PART V

 

POLICE STATION (NAME)                                                                                               NAME OR TOWN VILLAGE

NAME OF RESIDENTS WHO HAVE BEEN CONVICTED OF CERTAIN OFFENCE

 

1

2

3

4

5

6

7

8

9

10

11

Serial No.

Name of convicted persons and age on date stated in column 6

Parentage age and caste with description and particular marks, and P.R. No., if any

Occupation

Section and Act under which convicted

Name of court convicting, with name of the presiding officer of such court, district in which the trial was held, the powers exercised by the court and whether the case was tried summarily or otherwise, sentence and date of conviction.

Date of release

Whether entered in Book X, surveillance register, with number of History Sheet, if any

Signature of Police officer making the entry and date of making it

Place of crime, if committed outside the village

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 22-67 (a)

Police Station Register, No. XVI. Part I.

LIST OF VILLAGE WATHCMEN

 

 

1

2

3

4

5

6

7

8

9

10

11

12

13

Serial No. of village according to the Index to Register No. IX

Name of village

Distance and direction from police station

Number of watchmen sanctioned

Name, parentage and caste of watchmen

Residence

Date of appointed

Age when appointed

Rate of pay

Population of village

Number of houses

Day of week fixed for attendance at Police Station (vide Rule 22-67, Police Rules)

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 22-67 (b)

Police Station Register No. XVI. Part II

LIST OF POLICE OFFICERS ATTACHED TO THE POLICE STATION

(Officers, head constables and constables to be shown on separate pages)

 

 

1

2

3

4

5

6

7

8

9

10

11

12

 

 

 

 

 

 

RESIDENCE

 

DATES OF BEING SENT TO HEAD QUARTERS FOR TRAINING

 

Serial No.

 

 

 

 

 

Constabulary No.

Name

Village

Police Station

District

Date of enlistment

Date of posting to the Police Station

Lite rate or illiterate

For the 1st time

For the 2nd time

For the 3rd time

Date of transfer

Where transferred to

Reason of transfer

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 22-68 (a) (1)

(FORM E)

 

REGISTER OF LICENSES TO MANUFACTURE, CONVERT, SELL OR KEEP FOR SALE

ARMS, AMMUNITION OR MILITARY STORES

 

 

1

2

3

4

5

6

7

8

 

INSPECTIONS BY

 

 

Assistant or deputy Superintendent of Inspector of Police

Tehsil

Number

Name of lincense

Father's name and caste and residence

Place of business

Date

1st.

2nd

3rd

4th

By Magistrate of District, or Superintendent of Police

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 22-68 (a) (2)

(FORM F)

Is the same as Form E, except that in heading for “licensed to manufacture, “ & C., read “licensee to keep and sell.”

_____________

 

 

 

FORM No. 22-68 (a) (3)

(FORM G)

REGISTER OF LICENSES TO POSSESS ARMS, AMMUNITION OR MILITARY STORES GRANTED UNDER RULE 31.

 

DISTRICT_____________________

 

 

1

2

3

4

5

6

7

8

9

10

Tehsil

No.

Date

Name of license holder

Father's name, caste, etc.

Residence

Number and description of weapon

Place where arms are to be kept

Terms for which license is valid

REMARKS

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 22-68 (a) (4)

(FORM H)

 

REGISTER OF LICENSES TO POSSESS ARMS AND AMMUNITION AND TO GO ARMED FOR

THE PURPOSES OF SPORT, PROTECTION OR DISPLAY. (A SEPARATE PART OF REGISTER

TO BE RESERVED FOR EACH DESCRIPTION OF WEAPON, i.e. SHOT GUN, RILES,

REVOLVERS, SWORDS, ETC.) THE REGISTER TO BE PERMANENT

 

1

2

3

4

5

6

7

8

9

10

Serial No.

Tehsil

Number and description of weapon

Name of license holder

Father's name, caste, etc.

Residence

Number and date of license

Period for which license is available

Date of renewal of license

Remarks:-

Action taken when license expires, loss of weapon licensed, sale etc., etc.

 

 

FORM No. 22-68 (a) (5)

(FORM I)

REGISTER OF LICENSES GRANTED UNDER RULES 35 AND 36 TO POSSESS ARMS AND

AMMUNITION AND TO GO ARMED FOR THE PURPOSE OF DESTROYING WILD

ANIMALS WHICH DO INJURY TO HUMAN BEINGS CATTLE OR CROPS

IN ____________________________________________ DISTRICT

 

1

2

3

4

5

6

7

8

9

10

11

 

INSPECTION BY MAGISTRATE

OF WEAPON AND LICENSE

 

Thesil

Form and No.

Date

Name of license holder

Father's name and caste

Residence

Place for which license is valid

Weapon

Date of expiry of license

1st year

2nd year

3rd year

4th  year

5th year

Remarks

 

 

FORM No. 22-68(A)(6)

(FORM J)

 

__________________DISTRICT

REGISTER OF LICENSES TO POSSESS ARMS AND AMMUNITION OR MILITARY STORES,

IN A DISTRICT WHICH HAS NOT BEEN DISARMED

 

Column 1-7. -- The first seven column as in Form.

Column 8. -- Place where the arms are to kept.

Column 9. -- Term for which license is valid.

Column 10. -- Remarks.

 

 

FORM No. 22-68(b)

 

POLICE DEPARTMENT                                                                                                                ________________ DISTRICT

 

Register of license granted under Excise and Opium Acts for vend in the police Station

 

 

1

2

3

4

5

6

7

8

9

 

Period Within Which

License Is Valid

 

Serial No.

No. of License

Name and address of license holder

Locality of shop

Articles which the licensee is authorised to stock and sell

Whether licensed to sell whole sale or by retail

Amount of licensee fee for the year

From

To

REMARKS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FOM No. 22-68 (c)

 

POLICE DEPARTMENT                                                                                                    _________________ DISTRICT

 

Register of licenses to manufacture, possess and sell explosives in the District / Police Station _________

 

 

 

1

2

3

4

5

6

7

8

9

 

Period for which

License is valid

 

Serial No.

Name parentage and place of residence of licensee

Place of business, factory or shop

Maximum quantity of explosives to be possessed at any one time

Description and quantity of explosives to be manufactured during the year

Description and quantity of explosives to be possessed and sold during the year

From

To

Date of inspection made by police officers of and above the rank of Sub-Inspector

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 22-68(d)

 

POLICE DEPARTMENT                                                                                                                __________________ DISTRICT

 

Register of Licenses to possess Petroleum under the Petroleum Act

 

1

2

3

4

5

6

7

8

 

 

 

 

 

PERIOD FOR WHICH LICENSE IS VALID

INSPECTION

 

No. of license

Object of license

Name and address of licensee

Description and quantity of petroleum to be possessed

Place and full details of storage shed

From

To

Date

By whom

REMARKS

 

FORM No. 22-68(e)

POLICE DEPARTMENT                                                                                                                __________________ DISTRICT

Register of licenses under the Poisons Act No. 1 of 1904

1

2

3

4

5

6

7

No. of license

Name and address of license

Place of business

Description of poisons to be possessed

PERIOD FOR WHICH LICENSE IS VALID

INSPECTION

REMARKS

From

To

From

To

 

 

 

 

 

 

 

 

 

 

FORM No. 22-68(f)

 

POLICE DEPARTMENT                                                                                                                ___________________ DISTRICT  

                                                                                                                                                            _____________ POLICE STATION

 

Register of sarais registered under Act XII of 1867

 

1

2

3

4

5

6

7

8

Serial No.

Name and parentage of keeper of Sarai

Residence

Name of Sarai

Situation of Sarai

Date of Registration

Date of entry in the Register

REMARKS

 

 

 

 

 

 

 

 

 

FORM No. 22-69

 

POLICE STATION                                                                                                                           ____________________ DISTRICT

 

Police Register No. XVII

 

            Receipts for arms, ammunition or military stores deposited in the above Police station under the Indian arms act, xi of 1878

Serial No. ________________                                                                                                                      Date ___________________

Nature of arms, ammunition or military stores and condition in which received ______________________________

Name, father's name and address of depositor ___________________________________________

____________________________________________________________________________________________________________

 

I Certify that I have received the above-mentioned articles and have deposited them in the station store room after labelling them.

The articles will be forwarded to headquarters if the owner has not obtained a license to process them within seven days from date.

 

 

 

FORM No. 22-70

 

POLICE STATION __________________                                                                                      _______________ DISTRICT

 

Register No. XIX. Store - Room Register (Part-I)

 

Column 1, -- Serial No.

            2 -- No. of first information report (if any ), from whom taken (if taken from a person), and from what place.

            3. -- Date of deposit and name of depositor.

            4.-- Description of property.

            5. --  Reference to report asking for order regarding disposal of property.

            6. -- How disposed of and date.

            7.-- Signature of recipient (including person by whom despatched).

            8. -- Remarks.

 

( To be prepared on a quarter sheet of native paper).

 

 

 

 

FORM No. 22-79 (1) (a)

 

POLICE DEPARTMENT                                                                                                                _________________ DISTRICT

 

 

DESCRIPTIVE ROLLS OF UNIDENTIFIED PERSONS FOUND DEAD

 

 

1

2

3

4

5

6

7

8

9

 

PLACE WHERE FOUND

DESCRIPTION

 

 

 

Circumstances under which found and particulars likely to afford a clue to be identity of the deceased

 

 

Annual Serial No.

District

Name parentage and residence of informant

Date on which found

Village

Police Station

Sex

Apparentage

Height

Complexion

Particular marks

Detail of property found

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dated                                                                        

The                                                                  19                                                                                           Superintendent of Police

 

 

FORM No. 22-79(b)

POLICE DEPARTMENT                                                                                                                ____________________ DISTRICT

 

LIST OF PERSONS LOST OR MISSING

 

1

 

2

3

4

5

6

7

8

9

10

11

12

13

Annual Serial No.

District

Name of informant and his relation to the person missing

Name of Police Station and viltage of person missing

Parentage

Cast

Village

Railway Station

District

Date of disappearance

Place from which missing

Description

Circumstances of disappearance

Detail of property which the missing person took with him or which was worn by him when last seen

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Standard Form)

Dated                                                

The                                         19                                                                                                                    Superintendent of Police

 

FORM No. 22-79(1)(c)

POLICE DEPARTMENT                                                                                                                _________________ DISTRICT

 

LIST OF UNCLAIMED PROPERTY

CATTLE

 

1

2

3

4

Place of Recovery

 

5

6

7

8

Annual Serial No.

District

Name, parentage and residence of person from whom recovered or by whom deposited

Village

Police Station

Date of recovery

Circumstances under which recovered and particulars likely to afford clue to the owner

List of articles / cattle with full description and value

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 22-79(1) (d)

 

POLICE DEPARTMENT                                                                                                                __________________ DISTRICT

 

LIST OF PROPERTY LOST

CATTLE STRAYED

 

 

1

2

3

4

5

6

7

8

9

Annual Serial No.

District

Name of Police Station and No. and date of first information report, if any, with description of offence

Date of loss or theft

Name, parentage and residence of complainant / owner

Description and value of property lost / cattle strayed or stolen

Brief particulars of the case and circumstances likely in any way to afford a clue to the property / cattle or the thief

Reward offered

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

( Standard Form )

Dated                                                            

The                                                     19                                                                                                        Superintendent of Police

 

 

 

 

 

                                   

 

CHAPTER XXIII.--PREVENTION OF OFFENCES

 

23.1.        Patrolling at rural stations--(1) The officer in charge of police stations  and

assistant sub-inspectors at those stations shall move about in their jurisdiction freely. They shall pay special attention to villages where crime has occurred, or where registered bad characters and suspects whose history sheets are on record live, but shall visit every village occasionally, for the purpose of adding to their local knowledge, becoming known to the people, collecting information, and checking the proper performance of their duties in relation to crime by zaildars, in a mkhors, lambardars and chaukidars.

(2)        Information regarding the mode of live hood of bad characters shall be

obtained mainly by personal visits and inquiry, but head constables and constables shall, form time to time, be sent to village with definite orders to ascertain whether certain specified bad characters are present or not, and trace the whereabouts of proclaimed offenders of absconders.

 

Except to carry out definite orders constables shall not be deputed to visit villages,

but they may be deputed to visit series, ferries, camping-grounds, motor vehicles stands and other places of public resort for the purpose of collecting information, maintaining order or other police purposes.

 

SYNOPSIS

 

1.                  History sheet.

 

COMMENTS

 

1.                  History sheet. the word “ordinarily” in Police Rules 23.5 (5) does not make it in

cumbent on the Superintendent of police to open a History Sheet before the name of a habitual offender can be can be entered in to the Surveillance Register and there can be exceptional circumstances in which both these measures can Abe taken simultaneously. Sadhu ram vs. Superintendent of Police AIR 1971 Punjab 252.

23.2.    Co-operations with railway police at stations.--(1) where possible a stable in plain cloths shall be deputed from the police station to each railway station within its jurisdiction to meet all trains which halt there and to keep a look-out for bad characters and suspicious persons.

            Constables who have special knowledge of local bad characters shall be selected for this duty.

2        Particulars regarding any known or suspected bad characters observed taking

a ticket or travelling in a train shall be reported to the railway police, if any, are on the platform and also to the travelling constables.

3.         Any information received form the railway police regarding bad characters or suspicious person alighting form a train shall be communicated to the officer in charge of the police station

 

23.3.Patrolling by villagers--the organisation of thikri pahra and naka-bandi, whether

under the provisions of the Village Patrol Act ( VIII of 1981) or on a voluntary basis, is one of the most important duties of officer of the officer in charge of a police station. Such an organisation should be carefully planned, with the object of providing the best protection against criminals and securing that duties are allotted fairly and with as little inconvenience to the individual as possible. Areas or locutions of patrols and pickets should be carefully selected and the available strength of police should be disposed to the best advantage of assisting and supervising parties of villagers. Zaildars and other village official should be encouraged to participate actively in this duty the responsibilities should be insisted upon, and energy and co-operation should be promptly rewarded.Gazetted Officers and Inspectors are required to take a close personal interest in this branch of preventive action.

            Thikri Pahra and nakabandi shall on no account be regarded as a matter of routine. The former can be enforced under the Act if necessary, but both systems are better worked on a voluntary basis, through the goodwill of the communities concerned. These services should be demanded temporarily and for special purposes only during epidemics of crime.

 

23.4.Surveillance Register No. X.--(1) In every police station, other than those of the

railway police, a Surveillance Register shall be maintained in form 23.4 (1).

2.                  In Part 1 of such register shall be entered the names of persons commonly

resident within or commonly frequenting the local jurisdiction of the police station concerned, who belong to one or more of the following classes:-

(a)               All persons who have been proclaimed under section 87, Code of Criminal Procedure.

(b)               All released convicts in regard to whom an order under section 565, Criminal Procedure Code, has been made.

(c)                All convicts the execution of whose sentence is suspended in the whole, or any part of whose punishment has been remitted conditionally under section 401, Criminal Procedure Code. 

(d)              All persons restricted under Rules of Government made under section  16 of the Restriction of Habitual Offenders ( Punjab) Act, 1981.

(3)               in Part II of such register may be entered at the discretion of the Superintendent-

(a)               persons how have been convicted twice, more than twice, of offences mentioned in rule 27.29;

(b)               persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not;

(c)                persons under security under sections 109 or 110, Code of criminal Procedure;

(d)              convicts released before the expiration of their sentences under the prisons Act and Remission Rules without the imposition of any conditions.

Note:- This rule must be strictly constructed, and entries must be confined to the names of person falling in the four classes named therein.

 

 

 

 

SYNOPSIS

 

1.                  Opening of History Sheet.

2.                  Surveillance Register No. 10.

 

COMMENTS

 

1.                  Opening of History Sheet. A history sheet may be opened by or under the

written orders of a police officer not below the rank of Inspector for any person not enter( Check Not Printed -page No.984. Police register No 10 who is reasonably believed to be habitually addict_( Check Not Printed page No.984._ or to be an aider or abettor of such persons; or abettor of such person; We are of the view that condition precedent for an order under police rule 23.9 (2) is not satisfied. We are not the view that the case mentioned in Annexure R-1 are not such on the basis of which an opinion could be formed that the petitioner is habitually addicted to crime . the cases mentioned are also not of the category which may endanger public peace or security . Ved Prakash Gulati Vs. Commissioner of Police 1984 (1) S.L.R. 298.

2.                  Surveillance Register No.10. The maintaining of Surveillance Register No. 10

under Police Rule 23.4 is, in no way , unconstitutional or illegal provided the police officer does not interfere with the personal liberty or movements of the individuals whose names are entered in the register. Naurata ram vs. The State, AIR 1966 Punjab 268=1967 P.L.R. 528.

            The Surveillance Register is a confidential documents and an entry made in it does not affect the personal liberty of the individual in any way. Therefore, it is not necessary that any notice should be given to the person concerned before his name is entered in this register.  AIR 1959 Punjab 323=ILR (1959) Punjab1369

23.5.  Entries in and cancellations from surveillance register--(1) The surveillance

register shall be written up by the officer in charge of the police station personally or by an assistant sub-inspector in a clear and neat script. No entry shall be made in Part II except by the orders of the Superintendent, who is strictly prohibited from delegating this authority. No entry shall be made in Part I except by the order of a gazetted officer. Entries shall be made either under the personal direction of , or on receipt of a written order from, an officer authorized by this rule to make them,. In the later case, original orders shall be attached to the register until the entry has been attested and dated by a gazetted officer.

(2)        Ordinary, before the name of any person is entered in Part II of the surveillance register, a history sheet shall be opened for such person.

If, from the entries in the history sheet, the Superintendent is of opinion that such

person should be subjected to surveillance he shall enter his name in Part II of the surveillance register; provided that the names of persons who have never been convicted or placed on security for good behaviour shall not be entered until the Superintendent has record definite reasons for doing so.

            The record of such reasons shall be treated as confidential and the person concerned shall not be entitled to a copy thereof.

23.6          Notice to headmen--(1) when the name of any person has been entered in the

surveillance register a confidential notice in Form 23.6(1) shall be issued to the headman of the village in which the servile resides and the headman's receipt shall be taken on the foil.

When a name is removed form the register intimation shall be sent to the headman

concerned and a similar receipt obtained.

2.         It is most important that the notices referred to in this rule should be issued promptly in respect of every person who mame is entered in the surveillance register in either Part I of II, and that intimation of cancellation should similarly be sent. On the proof of issue of such notices the enforcement of the responsibility of headman, both for ascertaining the whereabouts and assisting in the capture of proclaimed offender and for reporting the movements of persons restricted or under surveillance mainly depends.

23.7          Mode of surveillance--(1) Police surveillance shall comprise such close watch

men and village watchmen, as may be practicable without any illegal interference.

(2)    Care shall be taken not to have under surveillance in any police station more person than the police staff can reasonably be expected to watch efficiently.

 

23.8          Preparation of history sheet.- The initial preparation of a history sheet requires

great care, and should invariably be done by the officer in charge of the police

station himself or by a thoroughly experienced assistant sub-inspector under specific orders.

(1)               The description of the criminal should be such as will enable the person reading it to form for himself a picture of the individual described, special attention being given to peculiarities of appearance, gait, speech, etc., by mean of which the man may be distinguished.

(2)               The space for “relations and connections” should be filled in with a view to affording clues to those persons with whom the criminal is likely to harbor when wanted by the police, including relations  or friends living at distance from his home, and his associates in crime, abettors and receivers,. The particular nature of each person's connection should be noted against each, and when persons shown as connections themselves have history sheets, a cross reference with those sheets should be given.

(3)               Under property, and mode of earning livelihood, such particulars should be entered as will facilitate a judgment as to whether the criminal is at any time living beyond his means; whether he is capable of furnishing a personal recognizance of any value; whether he is an owner of property tenant or a water-earner, and so on.

(4)               The “ ?description of crime to which addicted” should be in come detail showing not merely the class of crime, but the particular type of that crime, methods followed, localities chiefly frequented, weapons or instruments used, etc.

When these particulars have been carefully and concisely entered, the initial entry on the reverse side of the form should be made in the form of summary of the individual's criminal career up to the date of his history sheet being prepared, and should include the particular reasons and authority for its being prepared. Copies of history sheets prepared and published by the Criminal Investigation Department and published in the Criminal Intelligence Gazette shall be filed with the history sheet of the persons concerned in their home police station . the police station history sheets in all such cases will be endorsed with the letter C.I.D and the criminal's provincial numbers in red ink. The activities of all such criminals subsequent to the publication of their provincial history sheets must be communicated promptly to the Criminal Investigation Department through the District Central Investigating Agency. Duplicate of the sheets of criminal known or suspected to operate on the railway shall be supplied to the nearest railway police station and the originals of such sheets shall be endorsed with the letter 'R' in red ink. The District Police shall also supply the Railway Police Station with copies of all subsequent entries made in such History Sheets, so that the Railway Police copies may be kept strictly up to date.

23.9.        History sheets when opened.--(1) A history sheet, if one does not already exist, shall be opened in Form 23.9 for every person whose name is entered in the surveillance register, except conditionally released convicts.

(2)        A history sheet may be opened by, or under the written orders of a police officer not below the rank of inspector for any person not reentered in the surveillance register who is reasonably believed to be habitually addicted to crime or to be an aider or abettor of such persons.

 

            (3)        The Government Railway Police will maintain the history sheets of criminals known or suspected to operate on the railway in accordance with Police Rule 23.8. they will open history sheets themselves for criminals living in railway premises, who have been absent form their original homes so long that the railway premises may be regarded as their permanent residence. They may also open history sheets for wandering strangers reasonably believed to be habitually addicted to crime on the railway whose original homes cannot be traced.

 

23.10.  Custody of history sheet--(1) The history sheets at each police station shall be kept in three separate bundles as follows:-

(a)               Bundle containing the history sheets of persons whose names are entered in the surveillance register.

(b)               Bundle containing the history sheets of persons whose names are not entered in the surveillance register and which have bot been removed to personal files under rule 23.12. in this bundle should be recorded the history sheets of persons who (1) have been removed from surveillance on probation owing to there being no recent complaints against them, but who cannot be said definitely to be no longer addicted to crime, (2) have been the subject of action under rule 23.30 but have not been placed on security for good behaviour or under surveillance.

(c)                Bundle containing the history sheets of bad characters undergoing sentences of imprisonment sufficiently long to justify the removal of their names from the surveillance register until their release. These history sheets shall be put up by the officer in charge of the police station before a gazetted officer for orders six months before the nominal date of the release of the bad character concerned.

(2)        In each bundle, the history sheets of each village shall be kept in a separate vocer on the inside of which a list of the history sheets pertaining to the village with their index serial numbers shall be maintained. The prescribed covers for history sheets are obtainable form the Superintendent, Government printing Punjab.

 

SYNOPSIS

 

1.                  Inclusion of names in list “E”

 

COMMENTS

 

1.         Inclusion of names in list “E” The representations were submitted in December 1989 or soon thereafter, no whatsoever has been issued to Sh perm chand for the with drawl of  benefit already conferred on him. It is not understood as to on what basis the learned counsel states that the benefit given to Sh. Perm Chand is likely to be withdrawn fact, not even a prima facie case for the withdrawal of benefit iron to Sh.Pre,Chand has been made out. Sh Jaddish Rai, who was admittedly junior to Sh. Prem Chand having been given certain benefits, it is not understood as to how the benefit of seniority etc. given to Sh. Prem Chand cab be withdrawn by the department. Nothing has been pointed out to show as to how the Department was justified in sending Shri Jgdish Rai for the Intermediate School Course prior to the petitioners. Mr Jaswant Singh made a faint attempt to suggest that the action was permissible under rule 19.22. under this rule, the principle of the Police Training College, Madhuban may be competent to depute Drill Instructors etc. for the course. However such out of turn deputation for the course cannot confer any benefit of inclusion in the promotion list or actual promotion out of turn. Furthermore, it has not even been shown that Sh. Jagdish Rai was posted as a Drill Instructor at the Police Training College, Madhban at the relevant time. In this situation, the order passed with the principle of equality of opportunity enshrined in Article 16 of the Constitution. No infirmity in the order has been brought to my notice at the time of hearing Mohd.Yunus, Assistant Sub-Inspector of Police Vs State of Haryana and ors., 1992(2) S.L.R. 288.

23.11. Checking of history sheets.--gazetted officers on tour and Inspectors shall personally check the entires in history sheets by local inquiry, in the presence of the persons concerned and their Zaildars and lambardars, and so far as possible at their homes. Such officers shall also carefully scrutinize the conviction register (rule 22.59 (e)  in order to see that history sheets are opened or properly kept up as the case may be for all convicts, whose record justifies such  action.

            In checking history sheets of proclaimed offenders they shall make sure that stant and recent inquiries have been made to ascertain the proclaimed offenders whereabouts and to effect his capture, where he be in the jurisdiction or else where and that all necessary information about the proclaim d offender and his associated has been obtained from or communicated to other districts and police station.

 

 

23.12. Treatment of history sheets and personal files.-- The history sheet of a person who is no longer addicted to crime shall be transferred to his personal file. Under no circumstances shall the history sheet of a person who is undergoing sentence be relegated to his personal file.

(2)        The history sheet and personal file of a person who takes up his residence permanently in another police station jurisdiction shall be transferred to such police station.

 

(3)        The history sheet and personal file of a person who dies shall be destroyed.

 

(4)        All disposal action referred to in this rule shall be taken in accordance with the orders of a gazetted officer.

 

 

23.13. personal Maintenance disposal of .. (1) The starting of a personal file should always be the first stage in compiling the record of a suspect. As soon as suspicions have come into record regarding an individual to an extent which indicates that he is addicted to crime or is the associate of criminals, such record should be tabulated to form the foundation of a personal life. Subsequently, all information obtained about such persons, whether in his favour or against him, shall be added to his file. The personal file shall form the main material by which superior officers will be guided as to whether to open a history sheet or not. It follows that a personal file must be maintained for every person of whom a history sheet exist. On such file, bad character rolls, papers relating to information sheets, etc. shall be recorded. See rule 23.7(B) in this connection.

 

(2)        All personal files shall be paged and indexed.

 

(3)(a)   The personal files of persons for whom history sheets have been opened shall be given the same serial number as the history sheet and kept separately in a bundle.

 

(b)       The personal files of person for whom no history sheet exists shall be kept in a separate bundle. These files shall not be numbered, but a list of them shall be kept in the bundle and they shall be arranged according to villages.

 

(4)        To prevent the undue accumulation of useless personal files, the Superintendent may, at his discretion, order the destruction of the personal file of any person of whom a history sheet does not exist when such person has been of good behaviour continuously for seven years and the up-keep of his personal file appears unnecessary.

 

23.14. Index to history sheets and personal files.. (1) A register containing a general index to history sheets and personal files shall be maintained in two parts.

Part I shall consist of a list in Form 23.14(1)(A) of the history sheets and personal files in serial order as they are opened.

Part II shall be an alphabetical index in Form 23.14 (1)(B).

 

(2)        When a history sheet is opened it shall be given a permanent serial number and entered in the general index. Such number shall not be altered when the history sheet is transferred from one bundle to another, and shall not be re-allotted until the history sheet is destroyed or transferred to another police station.

 

23.15. Part IV-- Village Crime Register No. IX.. To ensure that the confidential notes on village crime are kept up methodically and that information contained in them can be readily referred to, all entries should be classified under headings as follows:-

(1)               Note regarding influential individuals resident in or connected with the village, who habitually abet or share in the proceeds of crime or shelter criminals.

(2)               Special types of lawlessness or crime which inhabitants of the village are addicted.

(3)               Notes in gangs, with references in the books of other village to which member of the same gangs, belong, and particulars of the associates and methods of such gangs.

(4)               Notes on personal, land, communal and other feuds, which are liable to cause breaches of the peace or to affect evidence in investigations.

(5)               Notes on fair and similar occasions requiring the special attention of the officer in charge of the police station.

(6)               Notes on individual criminal which supplement and facilitate reference to history sheets for instance :lists of habitual railway thieves, cattle thieves, etc., with the localities they chiefly operate in ; lists of criminals of other village or jurisdiction who commit crime in the village.

(7)               A list of convicts released under the Good Conduct Prisoners Probational Release Act (Punjab Act X of 1926), -vide rule 23.35.

(8)               A list of respectable inhabitants of the village who have migrated to proclaimed offenders and absconders.

(9)               Convictions under section 124-A and 153-A Indian Penal Code.

23.16.    Bad character rolls. - (1) When a person who under surveillance leaves his home or residence, the village headman is, under section 18 and 19 of the rules made by information to the officer in charge of the police station regarding the departure and alleged destination of such  person. Under the same rules village headmen are required to support immediately any information obtained by them regarding the whereabouts of proclaimed offenders, whose names are entered in part I(a) of register X, or regarding the absence from the limits to which they are restricted of persons entered in part I (b),(c) or (d) of the same register, and the surveillance of these persons, and the verification of their whereabouts, shall thereafter, be effected in the manner prescribed in the following sub-rules.

(2)   Upon receipt of such information the officer in charge of the police station shall send a bad character roll prepared by carbon copying process in Form 23.16(2) (Police station register X-A), to be officer  in charge of the police station to whose  credible information is received of the presence of a proclaimed in another police station.

(3)The Officer receiving the bad character roll shall acknowledge its receipt and shall take to certain steps to ascertain the bad character has arrived within his jurisdiction, and if so, shall arrange to have his movements watched, or, in the case of a proclaimed offender arrest him and take suitable action regarding his  harbourers.

A note of the movements and doings of the bad character shall be made in the roll and, if the moves on to another police station, the roll shall be forwarded to such police station and the same procedure followed. An entry register each such roll received shall be made in police station register X-B, Form 23.16(3).

(4)When the roll received back in the police station from which it was originally despatched, a note useful information recorded therein shall be made in the history sheet and the roll filed with the personal file, the acknowledgement referred to above being attached to the foil of the bad character  roll. The date and time of the bad character's return to his home shall be verified and noted on the back of the roll of the roll before it is finally filed.

(5)If a notorious bad character or a convict, who has been classed P.R.T. under the rules in the Police Finger Print Bureau Manual, absents himself and is likely to visit tow o more districts, a copy of his bad character roll shall be sent to the office of the Superintendent and Form 23.16(5) completed and submitted to the Assistant Inspector-General, Crime and Criminal Tribes, for publication in the Criminal Intelligence  Gazette.

When necessary, information regarding the movements of such person may be communicated by telegraph.

(5)               The district police shall send information by quickest means to the Railway Police Station concerned about the absence of a bad character for whom the Railway Police maintain a history sheet. Message should be sent by telephone or telegram where possible and bad character rolls should be forwarded without delay. Information should also be given to the Superintendent of Police who will pass it on as quickly as possible to the Assistant Inspector-General, Government Railway Police.

23,17 - Information sheets - (1) Railway sheets in Form 23.17(1) shall be used by an officer for the double purpose of obtaining and communication information about residents of other police station jurisdiction who are known or believed to have visited his police station jurisdiction with criminal  intent.

(2)Who are genuinely believed to have committed  an officer in charge of a police station as a means of ascertaining the antecedents of persons-

(a)   Who are genuinely believed to have committed an offence whether as a not they have been or are to be arrested;

(b)   Who have been arrested under section 55, Criminal Procedure Code ;

(c)    Who are genuinely believed to be of suspicious character.

The officer in charge of police station shall send an information sheet in Form 23.17 (1) as soon as possible to the officer in charge of the police station of which such person to be a resident, giving :-

(a)   an account of the circumstance in which such came to notice

(b)   an account of the offence if any with which such person is believed to be connected.

(c)    The names and a statement of the character of the person with whom such person has been associating, and

(d)  Any statement made by such person about his own reputation and status and associates in his jurisdiction, and enter its dispatch in Police Station Register No. XII, Form 23.17(2).

(3)   Continuation information sheets shall be issued whenever necessary as a means of

communicating information obtained or genuine formed after the issue of the original information sheet.

(4)   Final information sheets shall be issued as soon as possible after the conclusion of the

police investigation, or of the judicial trail, or of the magisterial proceedings. Such final reports shall as far as possible be drafted by the officer in charge of the police station himself and shall be a summary of the whole matter, giving in detail the result of the investigation ot trail or proceedings, the names of co-accused or associates, if any , the names of sureties and of discredited defense witnesses, if any, the place if any where property was recovered or absconders founds, and any other facts that may be of value for criminal intelligence records.

(5)   Information sheets, original , continuation and final, shall be issued in triplicate. The

officer in charge of the police station shall send one copy to the Superintendent of Police of his own district to enable the Criminal Investigation Agency to extract any information of value, and shall send the other two copies to the officer in charge of the police station address.

(6)   The officer in charge of a police station receiving an information sheet in duplicate

shall cause an entry to be made to register XII-A (From No 23.17 (6) ), the index information sheets receiving. He shall then record on the back of the copies all the information about the person, such as his antecedents, relations and associates as may help the inquiring officer in his investigation or in his search for absconders or for co-accused or for stolen property . one copy shall then be returned to the inquiring officer and the other copy shall be filed in the police station receiving the information sheet.

(7)   (a) in the police station issuing the sheet, information sheets of person finally

considered to be of criminal suspect character shall be filed in bundles according to the village visited by such person, and within sych village bundle according to the type of crime to which they are suspected of addiction.

(b). In the police station receiving the sheet, information sheets of persons finally considered to be of criminal or suspect character shall be filed with their personal files, if any, if there is no personal file, and if none is started on receipt of the information sheet, it shall be filed according to the village of residence and within the bundle relating to such village according to the type of crime of which the person is suspected.

(c). In both issuing and receiving police stations information sheets of persons finally considered to be of good character shall be destroyed.

23.17.    Hue and cry notices.--(1) Whenever it is required to have a search made for an

absconding suspect, or to issue warnings for precaution to be taken against a particulars type of offence or particular individuals, the officer in charge of the police station or the investigating officer shall , in addition to such action as may be taken in accordance with rule 26. 5, issue a hue and cry notice in Form 23.18 (1). The officer who decides to issue such a notice shall personally complete the original form, recording all descriptive and other information, which may assist the recipient of the Form- to take effective action, paying particular attention to the specification of the routes and places to be watched. He shall cause the original form to be conveyed as speedily as possible to the police station , with precise instruction as to where copies are to be sent after the necessary entry has been made in Register No. IV, Hue and cry notices shall not be broadcaster indiscriminately, but shall be sent with the utmost dispatch to those places, whether within or outside the jurisdiction of issue, where special action is required. In all cases, when an absconder is likely to travel by railway, copies of hue and cry notices shall be sent to the railway police stations and outposts concerned.

(2). A copy of every hue and cry notice of an absconder shall also be sent to the officer of the Superintendent of Police, in order that an entry may be made in the district register of absconders ( rule 23.20) and that, if the Superintendent of Police or head of the prosecuting branch thinks it fit, copies may be sent to other districts or to the 'Criminal Investigation Department.

(3). In cases where the absconder is known to have associates, relatives, or resorts in two or more districts and when the offender is not immediately arrested, a notice in Form 23.18(1) in English shall be sent to the Assistant Inspector-General, Crime and Criminal Tribes, for publication in the Criminal Intelligence Gazette. In cases where a reward is offered the amount should be stated on the form.

(4). Officers in charge of police station receiving hue and cry notices shall take immediate action, as the circumstances of each case may indicate to be necessary.

(5).  Care shall be taken that, whenever the necessity for action asked for in hue and cry notice ceases to operate, a notice of cancellation shall be issued to all to whom the original notice was sent.

23.18.    Dissemination of intelligence of serious offences--(1) In cases of murder by

dacoits or robber, drugging with intent to rob, dacoity, serious robbery and serious offences involving interference with the working of the railway, when the culprits are not immediately apprehend, the officer in charge of the police station shall send written notices or telephone or telegraph messages, to neighbouring police stations and to such other police stations as are concerned, whether in the same district or not, giving all particulars likely to afford a clue to the offenders. He shall also arrange for the dissemination of such intelligence thought his jurisdiction.

(2). In order that this rule, and rule 23.18, above , shall be promptly with officers in charge of police stations shall have ready a system by which intelligence cab be quickly disseminated. They shall use for this purpose any telephone and telegraph system existing, the visits of chaukidars and other persons to police station the post office and any other existing local means.

23.19.    District register of absconders-(1) In each districts a register of absconders in

Form 23.20 (1) shall be maintained by the head of the prosecuting agency. The register shall be divided in to two parts:-

Part I- will contain the names of all absconders in cases of the home district, irrespective of the residence, about whom information in Form 22. 54 ( a) or otherwise.

Part II-  will contain the names of absconders in cases of other districts who are resident of the home district or likely to visit it. All entries regarding residents of the home districts shall be made in red ink.

            The names in both parts shall be entered as far as possible, according to the police station s of which the absconder is resident or from which he is absconding.

(2).  As soon as an absconder has been proclaimed under section 87, Code of Criminal Procedure, his name shall be entered in the Proclaimed Offenders register prescribed in rule 23.22(1). A note being made in the column for remarks to his effect.

(3).  Should action under section 87, Code of Criminal Procedure, no the taken against an absconder for any reason, such as lack of evidence etc. his name shall be struck out and remark added giving reasons in the column for remarks.

(4).  When a person whose finger impression slip is on record absconds, information of the fact shall be sent to the Finger Print Bureau. All re-arrest of such absconders shall be communicated to the Finger Print Bureau.

(5).  When a criminal tribesmen restricted under the section 11 of the Criminal Tribes Act absconds, information of the fact together with as many particulars of the individual as possible, shall be communicated promptly to the Assistant to the Inspector General, Criminal Tribes. All re-arrest of such absconders shall be communicated to that officer in a monthly return to be submitted in the first week of each month.

Note: (1)-- The terms absconder shall be held to mean a person of a cognizable offence against the officer in charge of the police station concerned considers that there is sufficient evidence to justify his arrest, but whose whereabouts are unknown.

Note: (2)-- A separate register shall be maintained for absconding member of criminal tribes wanted in connection with offences under the Criminal Tribes Act.

23.20.    Register showing progress of action against absconders and proclaimed of

fenders.-- In order that a proper check may be kept on the progress of action prescribed in rule 21.5. and 26.5, the head of the prosecuting agency, shall maintain a register Form 23.21. The register shall be examined at frequent intervals by the Superintendent of Police, gazetted officers and inspectors in supervisory charge of police stations and by prosecuting officers, and the latter shall be held responsible that no delay in proclamation and attachment of property or the court, is allowed to occur.

23.21.    Register of proclaimed offender--(1) A register of proclaimed offenders in Form

23.22 (1) shall be maintained in each district by the head of the prosecuting agency. The register shall be in two parts:-

Part I-- shall contain the names of all residents of the home district irrespective of the district in which proclaimed. The names shall be entered according to the police station of which the proclaimed offenders are resident.

Part II-- shall contain the names of all offenders proclaimed in but not resident of the district. These will be entered as far as possible, according to the district of which they are said to be resident, residents of independent territory being shown separately.

(2). In January of each year a statement in English in form 23.22(2) shall be submitted to the Deputy Inspector-General Criminal Investigation Department showing the result of action taken against proclaimed offender during the past year. As abstract of such a statement shall be prepared in the office of the Deputy Inspector-General Criminal Investigation Department and published in the Police gazette. The figures relating to proclaimed offenders, who are registered member of the criminal tribes, shall be given separately.

23.23. Revision of lists of proclaimed offenders.--(1) Every Superintendent shall

carefully revise his list of proclaimed offenders periodically and omit thereform, after consultation with the District Magistrate and the Superintendent of the district in which such person was proclaimed, the names of person accused of trivial offences or concerned in cases where from lapse of time, no sufficient evidence is on record or is procurable.

(2). Due intimation of such omission shall be sent to the officer-in -charge of the police station concerned; intimation shall also be sent to the Deputy Inspector General, Criminal Investigation Department, in those cases in which intimation of proclamation was given, or in which a notice issued in the Criminal Intelligence Gazette.

(3).  A separate revised list shall be submitted for proclaimed offenders who are registered members of criminal tribes.

23.24. procedure when person is proclaimed an offender --(1). Immediately proceedings under section 87, Criminal Procedure Code have been taken, intimation shall be sent by the prosecuting agency to the police station initiating such proceedings and to the police station of which the proclaimed offender is believed to be a resident. Such intimation shall be sent through the Superintendent of Police concerned, if the person proclaimed is a resident of another district. The primary responsibility for securing the arrest of such offender arrests with the police of the station in which he is a resident. Immediately on receipt of intimation of proclamation of a resident of the police station jurisdiction a history sheet shall be opened, particulars being ascertained form the police station , which has instituted proclamation proceedings, if necessary, and the offender's name shall be entered in part I of the surveillance register.

(2). Thereupon intimation in Form 23.24. (2) shall be sent to the headmen and watchmen of the village of which the proclaimed offender is resident, and intimation in the same form shall be sent separately and through the police stations concerned, to the headmen and watchmen of all villages where the proclaimed offender is known to have relatives or friends whom he is likely to visit. when the offender is resident of a police station other than that in which he is proclaimed, the officer-in-charge of the latter police station shall immediately furnish the police station of the offender's residence with all available information for the compilation of his history sheet and issue of notices.

(3).  In the  case of member s of registered criminal tribes proclaimed solely for absconding from their area of restriction, intimation in form 23.24 (2) shall be issued to places where there is a likelihood of the offender being found, but names shall not be entered in the surveillance register or shall history sheets be prepared unless specially ordered by the Superintendent of Police.

(4). Whenever a proclaimed offender is arrested, intimation shall be sent direct to the district and police station of which he was a resident. On receipt of such intimation a note shall be made in the surveillance register of the date and place of arrest, and his name shall be struck off the register, and intimation issue. Respecting him shall be withdrawn and his history sheet submitted for orders of disposal.

23.25. List of proclaimed offender at police station--(1).  A list shall be hung up in the office of each police station and a duplicate thereof in conspicuous place on the police station notice board, of all proclaimed offenders whose names have been entered under rule 23.5 above in the surveillance register. List shall be similarly posted of all proclaimed members of criminal tribes whose names have not been entered in the surveillance register.

(2).  Every police officer shall be instructed, as soon as possible after joining a police station in the names, descriptions and likely resorts of all proclaimed offenders included in the lists prescribed above. Police officers shall be frequently tested by officers in charge of police station and inspecting officers in their knowledge of proclaimed offenders and shall be required at all times, when moving about the jurisdiction, themselves to obtain all possible information which may facilitate the arrest of such offenders and to inform the public of the proclamation of arrest and of any reward offered, and warn them of the penalties of harbouring.

23.26. Proposals regarding criminal tribes or clases--(1) When there are indications that two or more person are associated in the systematic commission of non-bilabial offences a proposal shall be submitted for their notification commission of tribe under section 3 of the Criminal Tribes Act ( VI of 1924) and for such further action as may be considered desirable under section 10,11 and 12 of the Act. Such proposal shall not be made until preventive action under section 110, Criminal Procedure Code, and the Habitual Offenders Act failed, and shall in the first instance be prepared by the Superintend of Police  and Deputy Commissioner in consultation with the Assistant Inspector-General of Police, Crime and Criminal Tribes. The proposals shall be farmed on the lines prescribed in Chapter IX, section 4 of the Punjab Reclamation Manual 1932 and shall be forwarded, through the Deputy Inspector General of Rang, to the Commissioner for scrutiny and submission to Government through the Inspector-General of Police.

(2).  Before the submission of the case by the Superintendent of Police, gazetted police officer shall personally see every individual whom it is proposed to notify under section 3 and shall Enquirer in to his or her means of subsistence and mode of livelihood.

23.27. Criminal Tribes Act, VI of 1924,- The rules made by the local Government under the Act and the more important circulars dealing Generally with the administration of criminal tribes are contained in the Punjab Reclamation Manual 1932, a copy of which has been supplied to all district police officers. Gazetted officers and all upper subordinates are required to make themselves thoroughly acquainted with the provisions of the Act and the rules made thereunder.

23-28. District criminal tribes register:- The form of the English registers to be maintained by Superintendents of Police is given as Form A in the Rules made under the Criminal Tribes Act and Corresponds with Police Rule Form 22.58-A. As many registers shall be maintained as there are police stations in which criminal tribesmen reside or are restricted. Each register shall be further sub-divided in to parts according to tribes. Entries in column 7 when made shall be in red ink. A vernacular copy each register shall be supplied to the police station concerned with copies shall be situate police station register No. VIII.

The  Criminal Tribes register shall contain the names of all male children of members of registered criminal tribes over the age of 12 years in the case of wandering criminal tribes, and over the age of 18 years in the case of settled criminal tribes unless exempted by the District Magistrate under rule 4 of the rules made under the Act.

23.29. Criminal tribes-Supervision by gazetted officers. Gazetted officers on tour shall take with them those parts of the register which concern the police stations they intend visiting, shall interview individual members of criminal tribes as frequently as possible and shall satisfy themselves that the subordinate police are not abusing their powers of granting leave to members of criminal tribes and that the conditions of passes are being strictly complied with. They shall Enquirer in to the means of livelihood of the criminal tribes and satisfy themselves that rule 42 of the rules made under the Act is being enforced. They shall also Enquirer in to the past conduct of members of criminal tribes and make recommendation under rule 24 to the District Magistrate for the cancellation of the registration of men who have reformed and for the registration other who may have reverted to crime.

23.30. Proceedings under section 110, Criminal Procedure Code or Act V of 1981.

(1)   When the history sheet of a bad character furnishes sufficient material, a report shall

be  prepared in Form 23.30 (1) with a view to his being called upon to furnish security under section 110, Code of Criminal Procedure, or restricted under the provision of the Habitual Offenders Act (V of 1981) the preparation of such reports shall not be undertaken without the orders of gazetted officer or inspector. When possible a number of such cases shall be prepared and collected for presentation to the magistrate of the Ilaqa  on tour at some place near the home of the accused persons and witnesses.

(2)    Proceedings under section 1110, Criminal Procedure Code, against Zaildars,

Lambardars and Inamdars require the special order of the District Magistrate ( Chapter 3, paragraph 19 of High Court Rules and Orders, Volume III).

23.31. Surveillance records confidential.-- All records connected with police surveillance are confidential; nothing contained in them may be communicated to any person nor may inspection be allowed or copies given, save as provided in Police Rules. The right of District and Ilaqa magistrates to examine such records are governed by rules 1.15 and 1.21, and the rules regarding their production in court are contained in Chapter XXVII.

23.32. Preventive action under sections 151 and 107, Code of Criminal Procedure.

Section 151, Code of Criminal Procedure, empowers a police officer knowing of a design to commit any cognizable offence to arrest the person so designing, if it appears to such officer that the commission of the offence cannot otherwise be prevented.

 

There are the only circumstances under which the law empowers police officers to interfere in disputes between individuals have interested parties, or the zail of village officials, complain of apprehension of a breach of the peace.

Police officers have no power to investigate formal/complaints under section 107, Code of Criminal Procedure, except as provided in section 23, Act V of 1861. They shall, however, be on the constant look out for genuine information of disputes likely to lead to a breach of the peace. Such information, whether collected direct or received by complaint at the police station, shall be recorded in the daily diary, and a copy of the complaint forwarded without delay to the magistrate of the ilaqa, unless an immediate breach of the peace is anticipated, when the officer in charge of the police station shall act under section 151, Code of Criminal Procedure, on his own responsibility. Government has held that it is important that magistrates receiving such reports from the police should give immediately to them their close and personal attention and take suitable action on the merits of each report.

Complaints of this nature made to superior police officers shall not be endorsed for enquiry by officers in charge of police stations unless it is anticipated that action under section 151, Code of Criminal Procedure, will be required and in no case shall endorsed complaints be despatched to officers in charge of police stations by hands of the complaints or informants or otherwise than through a strictly official agency. Complainants in cases in which no action under section 151, Code of Criminal Procedure, appears necessary shall be referred to the Magistrate of the ilaqa.

 

23-33.  Convicts released before expiration of sentences under the Prisons Act and remission rules. The Government of India have decided that all remissions earned under the remission rules by prisoners of any class in jail are to be considered absolute and not to be made subject to the imposition of any conditions.

As it is desirable, however, for the police to be apprised of the release of such convicts, a descriptive-roll in From 23-23 of all such convicts will be sent by the Superintendent of Police of the jail to the Superintendent of the district, of which the convict is a resident. The Superintendent of Police shall, in an examination of all the relevant circumstances, exercise his discretion as to whether any such convict shall be subjected to police surveillance or not or whether preventive action is to be taken by the preparation of a historty sheet or a personal file.

 

23-34. Convicts conditionally released under section 401, Criminal Procedure Code. When a convict is to be conditionally released under section 401, Criminal Procedure Code, the Superintendent of Police will be supplied by the local Government through the District Magistrate with-

            (a)        A certificate copy of the order of conditional release with the date of release endorsed on it, and

            (b)       A descriptive roll of the convict.

(2)        If release is subject to conditions of police surveillance, the rules contained in Appendix 23-39(1) shall be applied.

(3)   If release is subject to other conditions and the police are required to take measures to secure the observance of those conditions, the Superintendent of Police shall issue suitable orders and instructions to subordinate officers concerned.

 

23-35.        Conditional release under the Good Conduct Prisoners Probational Release Act (Punjab Act, X of 1926).- (1) Under the terms of the Good Conduct Prisoners Probational Release Act, convicts, other than those specially excepted by rules made under the Act, may be selected to serve the concluding period of their sentences outside jails limits in licensed and paid employment. Such employment may be either under individual employment managed by Government.

(2)        The license under which convicts nmay be so employed is in a form prescribed under the Act; it provides for the fixing of the residence of the convict, the reporting of his movements, the restriction of such movements, and for his good behaviour, and may be revoked for breach of these conditions. A convict whose license is revoked is required to return to jail for the rest of the period of his sentence, and if he absconds he becomes liable to additional imprisonment up to two years.

(3)        The selection of convicts for probational release and their control in accordance with the terms of the “Act and of the license is vested in a Reclamation Officer and Probation Officers appointed by Government. The police have no powers or duties in this respect. The Reclamation Officer is required, prior to the release of a prisoner, to inform the Superintendent of Police of the district where he is to be employed. A list of such convicts shall be maintained by the officers in charge of police stations concerned in their confidential note-books (rule 21-28) No surveillance shall by exercised by the police over such persons who should be given every opportunity to take their places as respectable members of society, but officers in charge of police stations shall report, through the Superintendent of Police, to the nearest Probation Officer, any reliable information received regarding the commission of crime, absence or other breach of the comditions of release by them.

(4)        The Reclamation Officer or Probation Officers may call upon the Superinted of Police to enquire into the conduct of convicts release on probation and to render assistance in tracing, arresting and escorting to jail, persons who have contravened the conditions of their license. Such requests shall be complied with.

(5)        The release on probation and probable date of final release of P.R. convicts is required to be intimated by the Superintendent of the jail to the Superintendent of Police of the District in which such prisoner ordinarily resides.

(6)        Offences under section 7 of the Act, viz., absconding from supervision or failing to return to jail on the revocation of a license are cognizable by the police.

23-36.  Release notice of prisoners.- The following instructions regarding the disposal of release notice shall be observed:-

 

            (1)        The release notices of prisoners classed P.R.T. shall be forwarded by the Superintendent of the Jail direct to the Assistant to the Inspector General of Police, Crime and Criminal Tribes, Punjab, at least two months before the date of release.

            (2)        The release notices of prisoners classed P.R. shall be made over by the Superintendent of the Jail from which such prisoners are to be released to an officer to be specially deputed for the purpose by the local Superintendent of Police. In the case of persons to be released from the jail of the district in which they were convicted, the release notices shall be made over to the police on the Saturday preceding the dates of release. In the case of persons to be released in a district other than that in which they are convicted, the release notices shall be made over to the police at least one month prior to

the dates of release.

 

23-37.  Procedure when release notices are receive.- (1) P.R.T. Convicts.- (a) On receipt of the release notices of P.R.T. convicts, the Assistant to the Inspector General of Police, Crime and Criminal Tribes, Punjab, shall take such action as may be necessary in his office and shall then forward the notices in original, by registered post, to the Superintendent of Police of the district of which the criminal is a resident. The latter officer, on its receipt, shall cause it to be entered at once in the district Finger Print Register prescribed in rule 34(1) of the Police Finger Print Bureau Manual and shall cause translations in Form 23-37(1) to be despatched to the police station of conviction, if the convict was convicted in his district, and to the police station of residence as in accordance with rules all convicts classed P.T. are required to be released from the jails of their home districts.

(b)       If the convict is a resident of another Province an Indian State, an extract of the release notice shall be forwarded by the Assistant to the Inspector-General of Police, Crime and Criminal Tribes, Punjab, to the Criminal Investigation Department of the Province or Head of the State Police concerned.

(c)        If the criminal is a resident of the Punjab, but of a district other than that in which he was convicted, the Assistant to the Inspector-General of Police, Crime and Criminal Tribes, Punjab, shall also forward a copy of the release notice to the district of conviction.

(2)        P.R. Convicts.- On receipt under rule 23-36(2) of release notices of prisoners classed as P.R., the following procedure shall be observed:-

            (a)        In the case of a person to be released in the district, of which he is a resident and in which he was convicted, necessary entries shall be made in the District Finger Print Register, information if Form 23-37(1) shall be sent to the Police Station of residence without delay, and the release notice shall be filed.

            (b)       In the case of a person to be released in the district, of which he is a resident on expiry of a sentence inflicted in another district, the police station of residence shall be informed in Form 23-37(1), a duplicate copy of the release notice shall be prepared and forwarded without delay to the district of conviction for completion of the district Finger Print Register and the original release notice shall be filed.

            (c)        In the case of a person to be released in the district in which he was convicted, but who is a resident of another district in the Province or of Delhi, the North-West Frontier Province or any of the Indian States referred to in Section 1(10), Police Finger Print Bureau Manual, Part I, a duplicate copy of the release notice shall be prepared, necessary entries shall be made in the Finger Print Register, and the original release notice sent to the district or State of residence to be filed. If the convict is a resident of a Province other than that of the Punjab, Delhi, or North-West Frontier Province, or of an Indian State other than those mentioned in Section 1(10), Police Finger Print Bureau Manual, or is of unknown residence, or has no fixed residence, the original release notice shall be retained and filed. All such notices shall be kept together in a separate file.

The release notice of a prisoner who has died shall be forwarded by the Superintendent of Police of the district of which the prisoner was a resident to the Finger Bureau for disposal and the name of such person shall be erased from the conviction register.

 

23-38.  Surveillance over released prisoners.- (1) Within ten days a prisoner's release the officer in charge of the police station of residence shall report whether or not he has returned to his home.

(2)        If the release notice refers to a convict classed 'P.R.T.' the Superintendent shall take suitable measures to have such convict shadowed and shall note the substance of any orders issued in this connection in Form 23-37(1) sent to the police station.

(3)        Should a release notice refer to a person convicted of an offence on the Railway, an extract shall be sent by the Superintendent of the district of which such criminal is a resident to the Assistant Inspector-General, Government Railway Police.

 

23-39.  Released convicts with regard to whom order under section 565, Code of Criminal Procedure, has been made.- (1) The mode of surveillance over released convicts in regard to whom an order under section 565, Code of Criminal Procedure has been made is described in Appendix 23-39(1).

(2)        Changes of residence of such convicts shall be entered in their history sheets and reports thereof made in Form 23-39(2).

(3)        On the expiration of the which the surveillance of a released convict is ordered the Superintendent shall exercise his discretion as to whether such prisoner's name shall be transferred to Part II of the Surveillance Register or not.

 

23-40.  Control of professional criminals.- (1) Files of important cases of a special type shall be maintained in the Crime Branch of the Criminal Investigation Department, together with History Sheets of important provincial criminals, and a brief account of the offences for which convicted. The class of offences in which such records are to be maintained are:-

(a)               Administering stupefying drugs with intent to rob;

(b)               Offences relating to coin, counterfeiting coin and the forgery of Government Currency Notes;

(c)                Professional cheating;

(d)              Dacoities and offences committed by professionals, such as gang burglaries,

(e)               Theft of arms and ammunition;

(f)                 Offences committed by Criminal tribes;

(g)               Offences indicating a special technique.

(2)        Reports of such cases, containing all important particulars shall be forwarded by Superintendents of Police to the Assistant Inspector-General, Crime and Criminal Tribes as they occur.

 

23-41.  Distribution of professional criminals.- On the conviction of a gang of professional criminals the Superintendent shall, if he considers such a course advisable, forward to the Superintendent of the Jail or submission to the Inspector-General of Prisons a recommendation giving the names of names of members of the gang who should be separated and confined in different jails.

A copy of such recommendation shall be forwarded to the Deputy Inspector-General, Criminal Investigation Department.

 

23-42.  Pathan immigrants.- Certain sections of Pathan immigrants to the Punjab are addicted to crime; all such immigrants, whether nomadic or settled in towns and villages, should therefore, be observed, and either through the agency of their own headmen, or the headmen of villages, where they are settled, enquiry should be made with a view to ascertaining their antecedents. Should any such immigrants be suspected of criminal propensities, information should be sent, as early as possible, to the Assistant to the Inspector-General of Police, Crime and Criminal Tribes, who is in a position to supply the district police with the services of an experienced officer.

 

            Extracts from a note on Pathan immigrants, prepared in 1962, are printed as Appendix 23-42 for the guidance of district police officers.

 

23-43.  Control of traffic- in police station jurisdictions.- Police officers attached to police stations shall pay attention to the control of traffic on the roads their jurisdiction. It is part of the duty of officers present at police stations to take legal action in respect of traffic offences committed by traffic passing the station house and similarly themselves to take cognisance of or report all such offences, which may come to their notice while travelling in their jurisdiction.

By constant warnings and prosecutions under the appropriate sections of the Indian Penal Code, or special laws, in flagrant or recalcitrant cases, the amenities of traffic can and shall be ensured. The keeping of slow-moving traffic to the side of the road; the prevention of obstructions of the road by gross overloading of carts the prevention of cruelty to animals and overloading of tongas; the enforcement of the rules under which public motor vehicles are allowed to ply, especially in respect of authorized loads, display of the required particulars on vehicles, validity of permits and driving licenses, and legibility and correct position of registration plates are all parts of the duties of the staffs of  police stations. Supervising officers shall insist on the proper performance of these duties.

 

23-44.  Conditions of colony tenancies.- Superintendents and other gazetted officers serving in colony areas should axquaint themselves with the conditions regulating the tenure of land in such areas. Under these conditions Government usually demands active loyalty from all occupiers of land, and reserves powers of forfeiture of tenancies or restriction of rights as a punishment to individuals or communities, which fail to render assistance in the suppression of crime. Details instructions on this subject are contained in notifications published from time to time in the Punjab Government Gazette, or in orders issued by the Financial Commissioners which are available in the offices of Deputy Commissioners.

 

APPENDIX NO 23-39(1)

 

No. 7336 CH-Jails) dated Lahore, the 6th March, 1931

From - The Home Secretary to Government, Punjab.

To- All Commissioners of Divisions and Deputy Commissioners in Punjab.

            Police surveillance over released convicts in regard to whom an order has been made under section 565 of the Code of Criminal Procedure.

I am directed to forward the accompanying rules framed by the Governor in Council under the provisions of sub-section 3 of section 565 of the Code of Criminal Procedure, 1898.

2.         The following instructions are issued with a view to explain the procedure more fully:-

            (1)        In every case in which a criminal court makes an order under section 565 of the Code, directing that the person sentenced to imprisonment shall notify his residence and any change of residence after release, a copy of such order will be transmitted by the court passing the sentence and order, with the warrant of commitment issued under section 384 of the Code to the officer-in-charge of the jail or other place in which the prisoner is, or is to be, confined. The Honourable

 judges of the High Court have been asked to issue instructions regarding this.

            (2)        Not less than fourteen days before any prisoner, in regard to whom an order under section 565 of the Code has been made, is to be released, the officer-in-charge of the jail or other place in which such prisoner is then confined shall explain to the prisoner the nature of the order and the requirements of the rules, and shall call upon him to state the place at which he intends, after his release, to reside. The officer-in-charge of the jail or other place of confinement will thereupon inform the Superintendent of Police of the district in which such jail or other place of confinement is situated of the name and other particulars necessary for the identification of the prisoner and also of the place at which such prisoner intends, after his release, to reside.

 

(3)        The District Superintendent of Police will cause intimation to be given-

            (a)        if the place at which the prisoner intends to reside is situate within his district,- to the officer-in-charge of the police station within the local limits of which such place is situate; and

            (b)       if such place is situated in any other district,- to the Superintendent of Police of that district, who will take action as in clause (a).

          (4)          The rules provide that every released prisoner to whom they relate shall give not less than one day's notice of any intended change of residence to the officer-in-charge of the police station within the local limits of which the place, at which he is then residing, is situated. Within twenty-four hours of his arrival at his destination the prisoner is further required to notify the fact of his arrival to the officer-Incharge of the police station within the local limits of which the new place of residence is situated.   

      (5)              The intimations required to be given by rules II, III and IV are ordinarily to be made personally by the released convict, at the proper police station. If any suchconvict is for any sufficient reason at any time unable to do this, or if the District Magistrate exempt a prisoner from personal attendance for this purpose, the intimation may be made in writing or in such other manner as the District Magistrate may prescribe in this behalf.

(6)               Breaches of the rules are punishable under section 176 of the Indian Penal Code.

(7)               The Inspector-General of Police will issue detailed instructions for given effect to the rules in the Police Department.

3.                  This cancels Punjab Government circular No.5-396, dated the  13th March, 1901.

 

 

Notification

The 6th March, 1931.

No. 7335.- In exercise of the powers conferred by sub-section (3) of section 565 of the Code of Criminal Procedure, 1989, the Governor in Council is pleased to make the following rules regulating the notification of residence or change of or absence from residence by released convicts in regards to whom an order has been made under sub-section (1) of section 565 of the said Code.

            Punjab Government notification No.395 (H-Judicial), dated the 13th March, 1901, is hereby cancelled.

 

Rules

 

Released convicts to observe rules :- I. When, at the time of passing sentence of transportation or imprisonment on any person the Court or Magistrate also orders that his residence and any change of residence after release be notified for the term specified in such order, such persons shall comply with and be subject to the rules next following. In these rules a person released subject to an order of the nature hereinbefore described is called a “released convict:.

Released Convicts to notify, at the time of release, intended place of residence to releasing officer:- II. Every convict in regard to whom an order has been made under section 565 of the Code of Criminal Procedure, 1898, shall not less than fourteen days before the date on which he is entitled to be released, notify the officer-in-charge of the jail, or other place in which he may or the time being be confined, of the place at which he intends to reside after his release.

Released convict to notify intention to change first residence at local police station.- III. Whenever any released convict intends to change his place of residence from the place which be specified at the time of his release as the place at which he intended to reside to any other place, he shall notify the fact of such intention and the place at which he hereafter intends to reside, not less than twenty-four hours before he so changes his residence, to the officer-in-charge of the police station within the jurisdiction of which he resides at the time when he notifies his intention to change his residence.

Released convict to similarly notify all subsequent intentions to change residence.- IV.  Whenever any released convict intends to change his place of residence from any place at which he may, at any time, be residing, under the provisions of rule III, he shall notify any intended change of residence in the manner in that rule provided.

Period to be appointed for taking up residence. In default the convict to notify his actual residence.- V. The officer recording a notification under rule II, rule III or rule IV, shall appoint such period as may be reasonably necessary to enable the convict to take up his residence in the place notified. If the convict does not take up his residence in such place within the period so appointed he shall, not later than the day following the expiry of such period, notify in person his actual place of residence to the officer-in-charge of the police station within the limits of which he is residing.

Released convict to notify the fact of his having actually taken up his residence at the place specified under preceding rules.- VI. Every released convict shall, within twenty-four hours of his arrival at the place of residence notified under rule II or rule III or rule IV, notify the fact of such arrival to the officer-in-charge of the station within the jurisdiction of which such place of residence is situated.

Particulars of place of residence to be supplied.- VII. In notifying places of residence under these rules released convicts shall-

            (a)        if the place of residence is in a rural tract-specify the name of the village, hamlet, or locality of such place, and the zail, thana, tahsil and district within the limits of which such place is situated;

            (b)       if the place of residence is in a town or city-specify the name of the town or city and the street, quarter and sub-division of the town or city within the limits of which such place is situated.

Manner of notifying changes of residence.- VIII. Every notification to be made by a released convict under rules III, IV and VI, respectively, shall be made by such convict personally at the proper police station:

Provided that-

(a)               The district Magistrate may, by order in writing exempt any released convict from the operation of his rule and may permit such convict to make such notifications in writing or in such other manner as the District Magistrate may, in such order, prescribe in that behalf.

(b)               If from illness or other unavoidable cause, any released convict is prevented from making any notification required by these rules personally at the proper police station, he may do so by written communication addressed to the officer-in-charge of the proper Police Station. Such communication shall state the cause of his inability to attend in person at the police station, and shall before it is transmitted to the proper police officer, be attested by a village headman or other village officer.

Note:- These rules will also be applicable to special orders of police surveillance issued by the local Government in the cases of prisoners conditionally released before the expiry of the term of their sentence.

 

Subsidiary Rules issued in the Police Department.

 

1.                  In the case of wandering individuals with no fixed “abode”, an absence of one night or more will be considered to constitute a change of residence, except when the absence is due to a summons issued by a Civil, Criminal or Revenue Court, or to an order issued by a competent Civil authority. All other cases must be decided on their merits and no hard and fast rule can be laid down. It will be necessary to show that the change of residence is of a permanent or quasi-permanent nature. Mere absence from home for day or two does not constitute a change of residence.

 

2.                  In case in which at the time of notifying “change of residence”, the released convict reports his intention to return to the existing residence already notified under rule II, III or IV within a period of one month such change shall be called “temporary change of residence”.

 

3.                  When the Superintendent of Police receives an intimation from the officer-in-charge of the jail of an intended place of residence notified to the latter under Rule II, he shall at once forward a copy thereof to the officer-incharge of the police station within the jurisdiction of which such place is situated. This officer will, immediately upon the arrival of the released convict, report the date thereof to the Superintendent of Police.

 

4.                  When a released convict notifies a change of residence or a temporary change or residence to the officer-in-charge of the police station, the particulars required by Rule VII shall be entered in Form 23-39(2). The officer-in-charge of the police station will deliver a copy thereof to the released convict and will forward the original to the officer-in-charge of the police station within the jurisdiction of which the released convict has intimated has intention to reside. The latter officer, on arrival of the released convict, will fill up column 6, and, in the case of the residence being of a permanent character, will at once return the form to the police station from which he received it. In case the residence is to be of a temporary character, he will retain the form until the convict reports his departure, when column 7 will be filled up and the form returned to the police station of issue.

 

5.                  On arrival at the police station within the jurisdiction of which his new residence is situated, the released convict will produce his copy of the form and get the date of his arrival entered in column 6. In the case of a permanent change of residence his copy will be returned to him at once. In the case of temporary change of residence, it will be kept until the date of departure is verbally reported. Column 7 will then be filled up, and the copy will be returned to the released convict to make over to the officer from whom he originally received it.

 

6.                  The names of such released convicts will be entered in the surveillance register (Police Station Register No. X).

 

 

APPENDIX No. 23-42

 

NOTE ON THE CONTROL OF PATHAN IMMIGRANTS

TO THE PUNJAB.

 

 

I.                    The temporary sojourn in the Punjab of large number of nomad or semi-nomad Pathans results annually in crime, the importance of which is disproportionate to its actual amount. Such crime, if it remains unpunished, is bound to have a demoralizing effect on the criminal administration of the districts concerned.

 

II.                 The extent of the Pathan Immigration. -- The first step towards controlling the criminal propensities of pathan immigrants is to appreciate the extent and main components of the annual influx. Exact figures are not available, but, from what is known of the numbers of Afghan subjects entering British India by various Passes, it is safe to take 100,000 as a conservative estimate of the extent of this immigration alone. The whole of this number does not come east of the Indus. The majority of families remain for the winter in the districts of the North-West Frontier Province and a proportion of the able bodied males also find employment in that province. On the other hand a large number of Pathans, not included in the estimate given, enter or pass through the Punjab every year from the independent tribal territory and the settled districts of the North-West Frontier Province. The number in this latter category probably fully equals that proportion of Afghan nomads which remain west of the Indus; so 100,000 is a reasonable figure at which to place the total of those with whom the Punjab is concerned.

 

It has been suggested, from time to time, that all these immigrants should be register by some means or another on entering British India. Such a measure could be put into force at the cost of considerable special expenditure and special organisation on the part of Government, and of wholesale interference with the normal movements of the seasonal migration. A study of the subject shows that registration would not lead to the desired results and is not necessary.

 

III.               The composition of the immigration. -- The main division of Pathans who habitually visit India may be briefly described as follows :-

 

A Afghan subjects and residents of independent Tribal Territory.

1.                  Northern Ghilzais, Ningraharis, & c., who enter India via Khyber Pass and Kurram Valley. These are mainly camel drivers or labourers, and the vast majority of them give no trouble. Occasionally a gang of bad characters from this class is formed, and, the crimes committed by such a gang are often of a particularly violent nature.

 

2.                  The Southern Ghilzais or “Powindahs”, who enter India mainly by the Tochi and Gumal Valleys. These tribes usually leave their families in the Derajat, while the men disperse over the length and breadth of India, trading in cloth or other goods and, with their camels, acting as carriers on a large scale. From the point of view of general public security in the Punjab, this vry large class may be classified as non-criminal. They dabble in the arms and forged note traffic and are said occasionally to be addicted to misappropriation of goods entrusted to them as hired carriers. On rare occasions parties which have made their permanent winter encampments in the Mainwali district instead of in the Derajat, may be concerned in a dacoity. The control of such parties, however, is a purely local problems, which the lines stereotyped by long usage in the neighbouring trans-indus districts.

 

3.                  Tribal contingents from Khost and other parts of the Afghan Province of “Simat-i-Janubi”. On the basis of information at present available this division of immigrations appear to be one of the main causes of concerned from the point of view of crime. It includes various tribes, but the jadrans (or Zadrans) come in the greatest numbers to the Punjab. These tribes have in the post given but nebulous allegiance to Kabul and have been a perpetual source of trouble both to their own Government against which they were in open rebellion in 1924 - and to the Frontier Province Administration. They are, for the most part exceedingly poor and, compared with most Pathans, degenerate, but hardy. Those who come to the Punjab in the winter scatter all over the Province, but chiefly in the North-Western Districts, in small parties, often with their families, and include a high proportion of criminals. The nature of their activities and proposals for their control will be discussed later.

 

4.                  Immigrants from among the Baluchistan Tribes. -- There is record of occasional crime by this class, and their habits and composition require study.

 

5.                  Immigrants from North-West Frontier Province Tribal Territory. -- This class is distinct from the various categories of Afghan subjects, in that their influx into India is in no sense tribal. Adult males from almost all the trans-border tribes come to or through the Punjab in numbers which vary according to the characteristics of the various tribes and to locally prevailing conditions, but they all come in their individual capacity in search of a temporary livelihood. In the Punjab this class usually finds its way to the scene of work on big contracts. The class includes many habitual criminals, whose control demands special measures.

 

B. British subjects from the Districts of the North-West Frontier Province.

            This second main division should, for purposes of applying suitable control be subdivided into various categories, but it will suffice here to consider it as one, especially as the greater number of immigrants belonging to it come from the Northern districts of Hazara and peshawar.

 

            The main feature of this class is that it includes a large number or habitual offenders of two kinds; (a) men who desire to escape the attention of the Police at their homes, (b) men who, to ensure immunity in a deliberately criminal career in the Punjab and other Provinces, are scrupulously careful of their reputation at their homes.

 

            There is one more category of Pathans which must not be oerlooked in considering this subject. In many of the large towns of the Punjab there is a considerable number of Pathans permanently settled. Their status varies from that of substantial contractors to tea-shopkeepers or tonga drivers. Their importance lies in their position as “contracts” between wandering Pathans and local people or local knowledge.

 

            IV.       The nature of crime attributed to Pathans. -- The classes of crime committed by Pathans may be summarized as follows:-

 

(1)               Raids by gangs formed in independent territory and descending to commit a specific offence, retiring thereafter back to independent territory. On the grounds of the history of such cases it is an absolutely fair statement to say that, if there are no Punjabi outlaws in tribal territory, there will be no raids of this nature. Between 1915 and 1923, Mahsud gangs harried in the Isa Khel tahsil, led by Kulu, and Isa Khel outlaw. The attock district has suffered when its own outlays have been living with Kohat Pass Afridis and have led gangs from there attock and rawalpindi surrefed in the years before the War. When Sultan, a Rawalpindi outlaw, was in the black mountain and when Fazlo and his gang were with the Gaduns. The recent Hassanabdal raid is a partial exception, but the local “razdari” without which no raid is ever committed was provided in that case by the employment of a Pathan (in fact an Afghan Shinwari) a chowkidar - a form of imbecility which might will be prohibited. The prevention of raids in the Frontier Province is mainly a matter of sustained activity against outlaws. In the less complicated conditions in this respect in the Punjab, similar action should provide an absolute preventive.

 

(2)               Dacoities by gangs of Pathans residing temporarily in the punjab. This is one of the two classes of crime by Pathans, which most requires special measures of prevention. The first stage in evolving such measures is to ascertain the circumstances in which and by whom this class of crime is committed and so to concentrate preventive action where it can be effective.

 

(3)               House breaking, animal theft and cognate offences committed by Pathans, Crime of this type is usually due to large concentration of Pathan labour or to the formation of a particular gang of expert criminals.

 

(4)               Specialized crime carried on by Pathans alone or by Pathans and Punjabis in combination. This now exists to a serious and dangerous extent, especially in respect of the smuggling of excisable commodities and the traffic in arms, and undoubtedly requires special measures of prevention.

 

V. Organisation. -- The foregoing summary shows that the types of crime committed by Pathans and the criminal element among the immigrants are readily defined. Control can be obtained through concentration within these limits rather than by sweeping restrictions.

 

The primary needs is to make generally available to the police in districts as much information as possible in regard to this class of crime and to co-ordinate their methods of dealing with it. The organisation to this end should be suited to the requirements of all India and all that is needed is the development of existing machinery. Bombay and Calcutta already have “Pathan Section” in the Crime Branch of their Criminal Investigation Departments. The Punjab has the embryo of a similar section. The North-Western Frontier Province have a section which devotes intensive attention to the arms trade.

 

It has been mentioned that there is a class of criminals, having their homes in the North-West Frontier Province Districts, who have clean records at their homes, but make a profession of crime in other Provinces. The record was published a few years ago of one such individual against whom nothing was known at his home, though, when finally arrested in the Central Provinces, some thirty serious crimes with violence were traced against him; special attention is needed to ensure that, by the proper use of History Sheets, Bad Character Rolls and Intimation Sheets, such cases are brought under strict surveillance at their homes, and are treated precisely as if they were locally troublesome. The not unnatural tendency, in the absence of special supervision if for the local police to turn the blind eye to such cases.

 

So far as residents of the administered districts of the Frontier Province are concerned effective control of wandering criminals is quite practicable, provided the normal police machinery for the interchange of information is efficiently worked and followed by action in the “home” Police Station under the security sections of the Criminal Procedure Code, and for restriction of movement under the Habitual Offenders Act (which is in force in the North-West Frontier Province) or under section 36 of the Frontier Crimes Regulation. The control of these British subjects covers quite half the danger field.

 

Where Afghan subjects and independent tribesmen are concerned direct control is not easy, and wholesale scrutiny is almost impracticable in view of the fact that the migration the autumn and spring is compressed into  a few weeks, during which, literally, a torrent of humanity flows through the passes. Friendly contact can be made with the Maliks and leading men of the vast majority of well behaved immigrants, and, through them, much valuable information and assistance in controlling lawless elements can be obtained. The Pathan is peculiarly amenable to friendly cooperation of this nature, and nothing is likely to be so effective in isolating the criminals from the well behaved and bringing them under effective control, as the provision of a sufficiency of officers in the Punjab, who understand enough about Pathans to gain some measure of the confidence of the well conducted, and to inspire some wholesome dread in the ill-disposed.

 

It appears essential that the Punjab Criminal Investigation Department should have a Pathan section consisting of at least 1 inspector, 1 sub-inspector and 4 or 5 head constables, obtained on deputation from the Frontier Province with perhaps an element from Baluchistan. Although the Pathan immigration is a matter of the winter months only, it will be shown that the staff suggested could be most usefully and fully employed throughout the year. This section of the Punjab Criminal Investigation Department and similar sections in other provinces which suffer from Pathan criminality should work in the completest co-operation with the Peshawar Criminal Investigation Department, by exchanging information, by seeing that information is both made available to and used by districts, and in devising and operating methods to meet different varieties of crime. I is noticeable at present, both that ridiculously little information is generally available on the subject of Pathan crime, and that what little has been made available is not acted upon. The Criminal intelligence Gazette should be much available is not acted upon. The Criminal Intelligence Gazette should be much more freely used both or the publication of particulars of individual suspects, for general information regarding he habits and modus operandi of different gangs or classes of Pathans and for instruction in regard to methods of prevention and detection. The Pathan experts in the Criminal Investigation Department should also be used, especially during the winter, in touring where Pathans are settled either in villages or on big contracts, with the object of bringing the local police into touch with the settlers, marking down and initiating action in respect of bad characters among them, and assisting in the investigation of cases in which Pathans are suspected to have been concerned.

 

To supplement this small body of experts it is suggested that selected sub-inspectors of the Punjab Police might be sent in batches of 4 or 5 every year for a period of 3 months attachments to the north-West Frontier Province. In this period they should cover as many of the Frontier Districts as possible with the object of acquiring an elementary acquaintance with th many different types of Pathans, and with their country and language, Such selections would naturally be made chiefly from the North-Western Districts of the Province, as these are most closely concerned. It would be advantageous that these Punjab officers should be attached definitely to an experienced inspector in each Frontier District which they visit, so that one individual may be responsible for giving them the most comprehensive instruction and hints. In some instances in the past, district such as Sargodha have obtained the loan for one or more Pathan Non-commissioned Officers direct from one of the Frontier Province District; this is a useful supplement to other measure suggested. The object of the deputation to Frontier Districts is to meet to some extent the present practical difficulty in Pathan cases. There is often no single police official in a district who knows enough about Pathans to make even the simplest enquiries from them or to distinguish between a powindah and Peshawari. With the machinery improved on the lines suggested it would become possible systematically to tackle the various classes of crime and professional criminals which have been described.

 

VI. Preventive measure. -- Dacoities other than raids, are committed by two main classes of Pathans, the poverty-stricken laborers from Khost, who have been already described, and bad characters mainly from the Peshawar or Hazara District. All such cases should be regarded as requiring Criminal Investigation Department assistance in their investigation, in order that all the resources of “Intelligence” on the subject may be brought to bear and that gang ramifications may be thoroughly sifted with a view not only to convictions in isolated cases, but comprehensive preventive action. Investigations now proceeding the Western Range afford instances both of the benefit of coordinated and the defects of isolated action. From the pooling investigations in several districts it is now clear--and there are good ground for hope that the case can be proved -- that for years past dacoities of a particular type have been committed, to the number of a about a dozen annually, by the “badmash” element of one or two small sections of the Jadran tribe from Khost. The culprits probably amount to not more than 60 or 70 in all, from which total, gangs 5 to 20 in number have been habitually formed for committing specific dacoities at places previously spied out by individual members of the fraternity. More than 40 arrests have been made of persons suspected to belong to this criminal group, but, before cooperation could be fully set going, several of these suspects had been released by individual districts, because in their own particular cases, evidence for prosecution was lacking. The investigation is now being controlled by the Criminal Investigation Department, and special assistance has been obtained from Peshawar. It is premature to recommended any particular action, but apart from the possibilities of individual or gang, prosecutions, it seems probably that it will be possible to put forward a strong case for excluding the particular Afghan-tribes concerned from India for a term of years, or for registering it as a “Criminal Tribes” in the Punjab.

 

This investigation affords a clear indication of the process by which special staff of exports should be able, by investigations into the habits of all classes of Pathan immigrants, to eliminate the well behaved and concentrate on the genuine criminals. The action to be taken where dacoities are being committed by Pathans of British territory is, as has already been indicated, merely the thorough application of normal police procedure.

 

The use of the provisions of section 109, Criminal Procedure Code and of the Foreigners Act have repeatedly been advocated for controlling suspected Pathans. The former is not a very valuable weapon when almost every Pathan found in the Pujab is able and willing to earn his living by honest labour and can always produce evidence to that effect. The use  of the Foreigners Act is confined to Afghan subjects and independent tribesmen and their deportation to the Frontier is of no avail if they return immediately to another part of the Punjab, where the chances of their suffering the penalty of violation of the expulsion order are negligible. There the Foreigners porting from the Punjab, merely on suspicion, a resident of one of the administered districts of the Frontier Province, but, whenever a a conviction, even under section 109, Criminal Procedure Code, or in a trivial offence, has been obtained against such an individual, it is possible to get him back to his home by classfying him for transfer to his home jail for release (i.e. P.R.T.). The Regulations might will be amended, if necessary, to permit of this being done. Police co-operation would ensure that a habitual criminal so transferred would be restricted on release from jail.

The next category requiring attention is the gang labour under contractors. This branch of the subject requires detailed study by the expert staff. It appears that these labour gangs are on the whole well behaved--though if memory serves, Pathan labour gave considerable trouble when the Upper Jhelum Canal was being dug. Lately they have come chiefly to notice in connection with fairly petty thefts of cattle, contractor's donkeys and so on. There is no doubt, however, that dangerous criminals are likely to be found among such gatherings--both men who will commit skilled or violence crime and men who desire to disappear from a serious hue and cry elsewhere. Labour contractors--often themselves Pathans--or 'Jemadars' should be made to assist the police in shifting the antecedents of their men, reporting suspicious absences, etc. Police activity of this sort requires to be conducted with considerations for the requirements of the Public Works Department or other authority responsible for the work; it would be as well for general instructions, which would meet police requirements in the matter, to be worked out in consultation with the Public Works Department.

Specialised crime, in which Pathans are prominently concerned, consists mainly of traffic in arms and in Afghan opium and similar excisable commodities. Each such branch of crime obviously requires special attention, for bestowing which the suggested Pathan section of the Criminal Investigation Department is the most suitable  agency. It is impossible to discuss the details of this class of crime within the scope of this note, but two special features of it may be noted. It exists because there is on the Frontier a source of supply to meet a Punjab demand, and there is a close association which does not exist in other classes of  'Pathan crime' between Punjabis and Pathans to the extent that Punjabi frequently visit the Frontier Province to make their illicit purchases. It is clear, therefore, that while the co-operation of the Frontier Province Administration in controlling such entrepots of illicit trade as the village of Jam in the Khyber Agency is called for, it is equally necessary in the Punjab to attack the local traders in and purchasers of the goods obtainable from these sources. A further point worth recording is that the extension of this class of smuggling is a natural consequences of the permanent location of Punjabi troops in a large number of outposts and Cantonments beyond the Administrative Frontier. Before 1915 al these areas were garrisoned solely by local irregular corps. Troops all in Cantonments in British territory where any illicit traffic between Punjabi soldiers and local residents was bound to come to the notice of the district police before it developed to any serious extent. Now-a-days there is absolutely no effective check on the doings of the thousands of Punjabis cantoned in Waziristan and the Khyber. They are in continuos contract with local residents, who have access to camps and cantonments on a hundred legitimate excuses; it is little more difficult for the sepoy to buy a revolver or a seer of opium than it is for him to buy a seer of milk. The police are helpless; they cannot except on the strongest of grounds and with the permission of the military authorities, search sepoys going on leave through Bannu, Dera Ismail Khan, or Peshawar.

An important aid to the control of Pathan criminals generally is that the police (both the special staff and the district police) should acquire as full a knowledge as possible of Pathan who carry on permanent occupations in the Punjab and should cultivate such relations, as will ensure access to all information of importance, with such local residents as have special contract with Pathans. In Many Punjab towns there are a considerable number of Pathans settled both in respectable commercial positions and as tonga drivers, tea-shopkeepers and so on; there are also numerous traders, both Hindu and Muhammadans who have a regular Pathan clientele. It is to the houses or shops of more respectable of such persons that Pathan; seeking work or passing through a town habitually resort for help, for news of their friends and for lodging. Respectable people of this sort, and keepers of tea-shops or lodging houses are frequently used as accommodation addresses for correspondence between Pathans  including those who are criminally associated.

While friendly relations with the better class resident Pathan, and other 'contracts' such as those mentioned, would open up many sources of valuable informations, the less respectable resident Pathan community requires more direct supervision, both as regard personal character and associates and visitor. Some of these resident Pathan doubtless commit crime themselves, but it is mainly in connection with the disposal of property stolen by 'immigrants' and harbouring the latter before and after the commission of offences, that they are important.

Though the foregoing review shows that the criminal activities of Pathans in the Punjab are not amenable to control by such a method, it is worthwhile to consider briefly the available experience of wholesale-registrations. Afghan Passport Regulations have been in existence for some years, including a special from of passport for nomads and drivers of wheeled or animal transport only. Therefore, every emigrant from Afghanistan who comes within these categories is bound to provide others particulars and a record of the dependents accompanying him. The fee is Rs.2 and the passport includes the usual request to the officials of friendly Governments to afford the bearer assistance and protection. A considerable proportion of Afghan subjects entering India now-a-days possess these passports. Such persons, when asked, never mention the sum of Rs.2 as the fee; it is always from Rs.3 to Rs.5. The passports are signed by petty 'Moharrirs' they are but little grantee of identity and none whatever of character. The revenue which they bring in may be of some value to  the Afghan Government and to its servants. This aspect of the matter is the only incetive to force them upon as many travelers as possible, but whole classes, which do not pass the headquarters of a Hakim on their way to India, never receive a passport. On the other hand evidence is already appearing of a tendency on the part of subordinate police, village headmen and even Magistrates to regard these Afghan passports as guarantees at least of bona fides if not of good character. When the criminal elements among the immigrants wakes up to this state of affairs, they will take good care to provide themselves with insurance policies against molestation, even though the issuing moharrir may raise the premium immoderately. Instructions might well be issued that these Afghan passports are of no value whatever as a guide to the character of the holder and confer absolutely no immunity. In point of fact the issue of a passport in itself of no value without the visa of the country to be traversed. No British Indian visa is granted on the Afghan “ Nomads passport and its is understood that the Government of India have definitely decided to exclude nomads entirely from any system of passport control which may be enforced on the Indian side of the Afghan border.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 23-4(1) (d)

 

POLICE DEPARTMENT                                                                                                                __________________ DISTRICT

 

SURVEILLANCE REGISTER NO. X

 

 

 

 

1

2

3

4

5

6

7

8

9

Serial No

Name

Persentage and caste

Name and serial No. of village

Number of History Sheet in a bundle

Date of entry

Brief reasons for entry and signature of office

Date

Name Struck of

 

 

Brief resons for Striking off, with signature of officer

 

 

 

 

 

 

 

 

 

 

(To be drawn by hand on both sides of a foolscape size register. Columns 1to 6 being on the right hand page and columns 7 to 9 on the left hand. The heading to be in big type.

( Standard Form )

Dated                                                            

The                                                     19                                                                                                        Superintendent of Police

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONFIDENTIAL

POLICE STATION ________DISTRICT

Notice to Headmen and Watchmen of village_____of their duties under Section 18 and 19 rules of Government made under Section 39-A of Act IV of 1872 with regard to ________son,  of ____, cast a resident of their village.

 

 

Signature of

Headmen and watchmen

 

Signature of

Officer in charge of Station

 

Date________19

 

CONFIDENTIAL

 

POLICE __________________DISTRICT

 

To the Headmen and Watchmen of village_________Be informed that the person named on the reverse of this notice who is a resident of your village,  is a bad character and suspicious person within the meaning of Section s18 and 19 of the Rules of Government made under Section 39-A of Act IV of 1872, and has been entered, by order of the Superintendent o Police, in the keep a watch on such person and Police Station. Under the said section you are bound to keep a watch on such person and his associates, and to report to the police his movements or his associating with individuals of bad repute or ceasing to obtain a livelihood by honest means. You are further required to report forwith the absence of such bad character at night and you are liable under section 43 and 44 of the said rules of Government if headmen of imprisonment with or without hard labour for term not exceeding three months or fine not exceeding Rs. 300 or with both and if watchmen, to imprisonment with or without hard labour for a period not exceeding three months or with fine not exceeding three months pay or with both on conviction for willful neglect of these duties.

( To be printed in vernacular and bound in books of 100 pages)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

POLICE STATION_______________                                 ____________DISTRICT

 

History Sheet

 

Name_________________alias ____________son of ___________cast______________

Resident of ____________age__________________

Number of F.P Slip ( if prepared

 

 

1

2

3

4

Serial Index No. in Register

Date of entry

Description

Property and mode of earning livelihood

 

 

 

Property ( Houses, shops land etc) Mean of livehood ( Trade shop-keeping, labour, cultivation etc.

 

Names and addresses of relation and connections dependent on him

 

Names and address of associates

 

In case the name has not been entered in Register No. X column I will remain blank

 

Description of the crime to which believed to be addicted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONVICTIONS

 

 Serial No.

Name and residence of the complainant

Reference to F.I.R. and name of Police Station

Law or Section of Law

Details of the convictions, with the dates of convictions and the names of courts deciding the cases

 

 

 

 

 

 

 

 

PART-1

Written or oral suspicions.

 Serial No.

Name and residence of the complainant

Law or Section of Law

Reference to F.I.R. and name of Police Station.

Brief details of reasons leading to the suspicion of house search e.g., track evidence, deception of panchayat, enmity with complainant, demand of illegal gratification or any other reason to be entered in full

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PART-II

Particulars of movements.

Every Entry should be attested and date by the officer making it.

 

.

 Serial No.

Suspicions whether written or oral

Informationregarding the particulars of movements of general notes as given by the station House Officer

Remarks or orders by gazetted officers or other officers duly authorised

 

 

 

 

 

 

 

FORM  No. 23.14 (1) A

 

 

Index to History Sheets and Personal Files, Part I

1

2

3

4

5

6

7

Serial No of History Sheet and Personal File

Name and father's Name

Village

Date on which Hisory Sheet was opened

Whether History Sheet is in A or B Bundle or on Personal File

Date on which History Sheet and personal File were transferred to another police Station or destroyed

Initials of gazetted officer ordering transfer or destruction of History Sheet and remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM  No. 23.14 (1) B

 

 

Index to History Sheets and Personal Files, Part II

1

2

3

 

 

Name and Father's Name

 

 

Village

 

 

Serial No. of Hisotry Sheet and Personal  File

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.  23.16 (2)

 

 

POLICE STATION  BOOK No. X-A- ROLL OF ABSENT BAD CHARACTERS

 

Annual Serial No.

 

REPORT OF ABSENCE OF DEPARTURE OF A BAD CHARACTER UNDER SURVEILLANCE IN NO. X.

 

 

1

2

3

4

1

2

3

4

Serial No.

Points to be reported on

Serial No.

Point No.

Serial No.

Points reported

Serial No

Points reported on

1

 

 

2

 

 

 

3

4

 

 

 

 

5

 

 

 

 

 

 

6

 

 

 

 

 

 

Name, parentage, cast and descriptive marks of bad character.

No. in Surveillance Register and number and description of previous convictions

Class of offices he commits

Place to which alleged to have going and for what purpose,  with information as to his relations and associates in such places

Date and hour at which  he left his village and source of information i.e. whether the absence was reported by a Lambardar, & C., or ascertained by a police officer

Date and hour of dispatch of his report and whether sent by hand or by post

 

 

1

 

 

2

 

 

 

3

 

4

 

 

 

 

 

5

 

 

 

 

 

 

6

 

 

Name, parentage, cast and descriptive marks of bad character.

No. in Surveillance Register and number and description of previous convictions

Class of offices he commits

Place to which alleged to have going and for what purpose,  with information as to his relations and associates in such places

Date and hour at which  he left his village and source of information i.e. whether the absence was reported by a Lambardar, & C., or ascertained by a police officer

Date and hour of dispatch of his report and whether sent by hand or by post

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form no 23.16. (2) -Contd.

 

 

 


Signature                                                       Signature with designation and date.                  

Designation

Date                                                               

                                                                                    Acknowledge of receipt.    

                                               

 

( To be torn off and returned immediately on receipt of report)

Bad character No.  X  absence report No. _______________

Of Police Station ___________District _________________

Was received by meat ________A.M./P.M., on the _____19

Inquiries are being made

 

Signature, designations and date.

 

REVERSE OF COUNTER FOIL

_____________DISTRICT

 

Report on conduct and movements of the bad character

during his absence specifying dates and hours of arrival

at and departure from places visited, names and charac-

ter of person visited and object of visits.

 

 

REVERSE OF FOIL

Reference to subsequent reports

received regarding this absence

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.  23.16 (3)

 

 

POLICE STATION  REGISTER No. X-A- BAD OF CHARACTERS ROLL RECEIVED

 

 

 

 

1

2

3

4

5

6

7

No.

Number of Bad character roll and date of receipt

Police station from which received

Name, parentage and residence of suspect

Details contained in roll received as to visit

Date of return of roll with precis of reply

Action taken, if any, such as entry in history sheets or personal files of confederates, & C.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.  23.16 (5)

 

 

 

 

 

POLICE DEPARTMENT_______________                                              ___________DISTRICT

 

 

BAD CHARACTER ROLL FOR PUBLICATION IN CRIMINAL INTELLIGENCE GAZETTE

 

 

 

The bad character/ Conditionially released convict whose description is given below has been absent from his home since_____________.,

He is under police surveillance and it is likely that he will commit crime during his absence:-

 

1.      Description-

 

Name ________________, father's Name  _____________cast, __________village _______________,

Police station_______________Date of bith,____________Height _________feet_________inches______

Building _________Complexion

 

II. Conviction on record-

 

 

(1)

 

(2)

 

(3)

 

 

IV.              Probable associates, relatives and resorts-

( Name of police stations and districts to be given in large type and underlined).

 

 

(1)

 

(2)

 

(3)

 

V.                Form of crime to which addicated and modus operandi___________________________________

 

 

Superintendent of Police,

______________District

 

 

 

 

 

 

 

 

 

 

 

FORM No.  23.17 (1)

 

 

 

 

 

POLICE STATION_______________                                                         ___________DISTRICT

 

INFORMATION SHEET

 

No. ___________________                                                   Dated_______________________

 

Information Sheet regarding _______________alias __________son of ___________Cast______________

Resident of Village/Mohalla _____________Police station ______________district___________________

Age _________, height_____________particulars marks__________________other details____________

Dated______________________                                                                 Sub-Inspector,

In charge of Police Station             

 

Note:-  The reasons for believing that the person named is a habitual offender or a suspected person to be given, on the lower half of the page and additional sheets to be attached, if necessary.

( This form is to be printed bilingual in triplicate for copying by the carbon process)

 

 

FORM No.  23.17 (2)

 

 

 

 

 

 

POLICE STATION_________________                                                     ___________DISTRICT

 

POLICE STATION REGISTER NO. XII

Information Sheet Despatched

1

2

3

4

5

6

7

8

Date of issue

Date of issue of sheet

Name of Police Station in which issued

Name, parentage, cast and address of suspect

Full description of suspect

Details communicated in information sheet

Date of return of sheet

Action taken such as preparation of personal file or history sheet etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.  23.17 (6)

 

 

 

 

POLICE STATION______________                                                           __________DISTRICT

 

POLICE STATION REGISTER NO XII-A

INFORMATION SHEETS RECEIVED

 

 

 

 

1

2

3

4

5

6

7

8

Date of receipt

Date of sheet

Name of Police Station from which received

Name, parentage, cast and address of suspect

Full description of suspect

Details communicated in information sheet

Date of return of sheet

Action taken such as preparation of personal file or history sheet etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM NO.23.18(1)

POLICE DEPARTMENT                                                                                        DISTRICT

 

            The Station House Officer of                                  Police Station gives notice that                 

 

            son of                                     ,alias                           ,caste              ,resident of village              

 

            ,Police Station                                                           ,District                                              ,whose

description is given below (and whose photograph is at-of                            I.P.C, F.I.R. No.        

 

                                    of 19                of Police Station                              District                                   .

 

Action under Sections 87/88 C.P.C., is being taken against this man and any person giving information leading to his arrest will be rewarded.

 

Reward offered                                           

 

Description--

 

Name                         ,age                 ,years              ,build             height             complexion.

Characteristics, Mannerisms, & c.                                                                                    

District Serial No. of P.R. Slip if on record.

Probable associates and restores

He is reported likely to visit:-

 

1.                                            

2.                                            

3.                                            

4.                                            

5.                                            

 

(Signature)

Station House Officer,

                        Police Station.

           

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.23.20(1)

POLICE DEPARTMENT                                                                                        DISTRICT

               PART 1-ABSCONDERS IN CASES REGISTERED IN THE HOME DISTRICT

                        (Residents of the home district to be written in red ink)

 

1

2

3

4

5

6

7

8

9

Serial No.

Name of

absconder

Parentage, caste and descriptive roll

Residence, i.e., village, Police Station and district

Offence

F.I.Report No. and date, place and date of offence

Reward offered

Clues to probable whereab-outs

Date of

Arrest,

death,

cancellation or

removal  to proclaimed'

list

 

 

 

 

 

 

 

 

 

 

 

PART II.--ABSCONDERS IN CASES REGISTERED IN OTHER DISTRICT BUT                   RESIDENTS OF  OR LIKELY TO VISIT, THE HOME DISTRICT.   

                        (Residents of the home district to be written in red ink)

 

 

 

1

2

3

4

5

6

7

8

9

10

Serial No.

Police

Station

    or 

district

submitting

notice

 

Name of

absconder

 

 

 

Parentage,

   caste 

    and

descriptive

    roll

Residence,

    i.e.,

village,

police

station and

district

Offence

F.I.R.

No. &

Date 

place

and

date of

offence

 

Reward

offered

Clues

to  

prob-able

wher-eabo-uts

Date

Of

arrest,

death,

cancellation

or removal

to proclaimed

offenders' list

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.23.21

POLICE DEPARTMENT                                                                                                                DISTRICT

REGISTER SHOWING PROGRESS OF ALL ACTION ABSCONDERS AND PROCLAIMED OFFENDERS.

 

1

2

3

4

5

6

7

8

9

10

11

12

13

Serial

No

Name,

Parentage

caste 

and

residence

of the

absconder

F.I.R

No.

of-

ffence

and

police

station 

 

Date of

absconding

A-Date

of  app-

lication

for

war

rant of

arrest

B-Date

of 

return

of war-

rant of

arrest

unex-

ecuted

 

Date

of

application

for

order

of

proclama-

ion

under

section

87,CPC

with

name

of

court

 

Date

of

publi-

cation

of

proclama-

tion

under

Sec.

87,

CPC.

and

steps

ordered

for giving

effect

to

procl-

amation

 

Date

of

issue

of

attach-

ment

order

under

Sec.88,

CPC,

and

name

and

design-

ation

of

officer

to

whom

is

sued

 

Detail

of

attach-

able

property

of the

abscond-

er and

date of

attachm-

ent

 

Action

of

Police

 

 

Property

attached

with date

of order

of court

 

Date

of

removal

to pro-

claimed

offend-

ers'

register

 

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

           

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.23.22(1)

POLICE DEPARTMENT                                                                                        DISTRICT

REGISTER OF PROCLAIMED OFFENDERS UNDER SECTION 87, CRIMINAL PROCEDURE CODE

 

1

3

3

3

4

5

6

7

8

9

Serial No.

Desc-

ription

Des-

cription

Des-

cription

 

 

 

Resi-

dence

Section

of

offence

 

F.I.R.

No.

And date

 

Police

Station

and

District

 

Detail of

Stolen

property

 

In the case of conditionally

released  who has been

declared proclaimed

offender:-

(1)   Offence in which

conditionally  released

(2)   Village in which released

(3)   Jail from which

Conditionally released

(4) Date of release

              10

                           11

Name of Relations whom the

proclaimed offenders in expected

to visit or enter in communication

 

             12

  13

                      14

(1) Place which the

accused has visited,

 

(2) Or is expected

to visit

In his own district

(1)   Names

(2)   Relations

(3)   Residence

 

In outside

district

(1)   Name

(2)   Relations

(3)   Residence

 

 

Reward offered for

          arrest

District

Serial No

of P.R.

slip

                REMARKS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.23.22(2)

                                                                                                            DISTRICT

POLICE DEPARTMENT                                                                                                               

 

Statement showing the result of action taken against Proclaimed Offenders during the year 19  Month of       

 

 

Serial No.

Details

 

1

2

 

 

3

 

 

4

 

5

6

 

7

 

 

 

 

 

 

8

Class proclaimed offenders

Number or proclaimed offenders residents of the Year/month

_______________.

 

Number of persons proclaimed during the year/months

___________________.

 

No. of proclaimed offenders resident of the district arrested during the year/month________________

Percentage item 4 bears to items 2 and 3

No. of proclaimed offenders resident of the district struck off

under  the provisions of rule 23.23

No. of proclaimed offenders still at large at the end of the year/

months, i.e., items 2+3-4-6 who were proclaimed

(a)   Within three months of the close of the year/month

(b)   Between 3 to 6 months of the close of the year/month

(c)    Between 6 to 12 months of the close of the year/month

(d)  More than 12 months ago

 

Rewards paid for the arrest of proclaimed offenders during

Preceding year/month.

 

                       

NOTE:-Separate sheets will be prepared for proclaimed offenders who are members of registered criminal  tribes and others.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.23.24(2)

 

 

                                  Counter-foil No__________

 

POLICE STATION___________________________________.

DISTRICT__________________________________________.

     Notice to headmen and watchmen of village__________ of

their  duty under Section 59, C.P.C., and rule 28 of the rules

farmed under Section 39-A of Act IV of 1872 with regard to

____________________son of ________________________

caste___________________,a resident of ________________

_______________________________and a proclaimed offender.

(Date and method despatch, i.e., by post, by hand, etc.)

 

 

 

 

 

 

 

 

             

                                            Foil No.____________

 

POLICE STATION_________________________.

DISTRICT________________________________.

     To the headmen and watchmen of village ________.

is a proclaimed offender and it is your duty to arrest him

wherever found. It is further your duty and that of every

owner or occupier of land and of every persons 

employed in the collection of revenue to report

immediately to the police any information which you

or he may receive as to the presence of such person.

you are required to publish this fact and to warn all

concerned and take warning yourself that nay person

assisting the proclaimed offender in any way to evade

arrest or withholding information about him renders

 himself liable to severe penatly under the law.

                                                     By order,

                                             Sub-Inspector

                           Incharge of Police Station_________

 

 

 

 

 

                                                                                                Signature of Headmen and Watchmen.

 

Description of proclaimed offender.                                                        Dated                        

 

Names and particulars of relatives and others with

Whom the proclaimed offender is likely to associate.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM NO.23.30(1)

 

POLICE REPORT WITH A VIEW TO THE INITIATION OF PROCEEDINGS TO TAKE SECURITY TO

BE GOOD BEHAVIOUR, SECTIONS 110 TO 118, CRIMINAL PROCEDURE CODE.

 

PAGE 1--- Name, parentage, caste, age occupation and residence of the person reportedon---

   TABLE 1. Former conviction-

 

Column 1.-- Serial No.

 

             2.- Complainant's name.

             3.-  No and date of First Information Report and name of police station.

             4.-  Law and Section of law.

 5.-  Particulars of sentence, date of sentence, particulars of the court in

       which the conviction was obtained

TABLE 2.- Reference to cases in which the person reported about has been suspected or in which house has been searched--

 

 

Column. 1-  Serial No.

   2-  Name and residence of complaint.

                     3-  Law and section of law.

4-      Reference to the first information report, its date, the station to which belonging, or to other first report in the case.

5-      Brief particulars of the reason for which suspicion was entertained or house was searched, & c.

TABLE 3. - Names of persons of bad character with whom the person reported associates.

PAGES 2 AND 3.- Name of witnesses who give evidence of the reputed bad character. An abstract of their statements.

PAGE 4.- Report of the officer incharge of the police station.

(The report to include any material information given in the History Sheet prescribed in Rule 23-9).

 

---------------------

 

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 23-33

Descriptive roll of convict _______________________ released from the ___________ jail on the ________

 

 

1

2

3

4

5

6

7

8

9

10

 

 

Personal Description

 

Jail Regis-

ter No.

Name,

sex,age

and pre-

vious

occupation

 

 

Religion

Caste

Father's

name and

trade or

occupation

Village,

police Sta-

tion,

tehsil,

district

Crime,

section of

law with

term and

date of

sentence

(a) Fea-

tures,

complex-

ion and

distin-

guishing

marks

Height

 

 

______

Ft. Inch

Conduct

in jail

 

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.23.37(1)

 

REPORT OF ARRIVAL AT HIS HOME OF A.P.R R P.R.T CONVICTION RELEASE FROM JAIL

 

1

 

2

3

4

5

6

7

8

 

 

 

RESIDENCE

 

District

serial No.

of P.R. Slip

Name with

aliases 

 

Father's

name and

caste

Village

Police

Station

Offence

Date of release

and  name of

jail

Report of officer in

charge  of police

station of convict's

arrival at his

home or other-wise

(to be submitted

within 10 days of

date or release)

 

 

Final order

of 

Superint-

endent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date the­                                 19                                                                            Signature of F.P. Recorder

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 23-39(2)

 

POLICE DEPARTMENT                POLICE STATION _______________DISTRICT ___________

 

Report of change of  convict subject to surveillance under Section 565, Code of Criminal Procedure

 

1

 

2

3

4

5

6

7

8

 

 

 

 

 

Residence

Change or Temporary

Change of Residence

 

To be entered by Officer

In charge of Police Station

REMARKS

Name and

Father's

name

 

 

 

 

Caste

Village, Zail, Police Sta-

Tion, Tehsil, District, or

Town, Street, Mohalla,

Police Station, District

Village, Zail, Police Sta-

Tion, Tehsil, District, or

Town, Street, Mohalla,

Police Station, District

Date of

departure

Date of

Departure

Date of

Arrival

Change of

Residence

Permanent

or tempor-

ary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER XXIV.--INFORMATION TO THE POLICE

 

24.1. First Information how recorded.--(1) Section 154 and 155, Code of Criminal Procedure, provide that every information relating to an offence, whether cognizable or non-cognizable, shall be recorded in writing by the officer incharge of a police station.

 

      The distinction between the form of reports required by the above-mentioned two section has been defined as follows by the Punjab Chief Court (now High Court).--

 

Every information covered by section 154, Criminal Procedure Code, must be reduced to writing as provided in that section and the substance thereof must be entered in the Police station daily diary, which is the book provided for the purpose. It is only information which raises a reasonable suspicion of the commission of a cognizable offence within the jurisdiction of the police officer to whom it is given, which compels action under Section 157, Criminal Procedure Code.

 

(2)              With the exception of cases mentioned in rule 24.10 below, in every case in which the officer in charge of a police station, from information or otherwise, has reason to suspect the commission of an offence, which he is empowered under section 156, Criminal Procedure Code, to investigate, he shall enter in full such information or other intelligence as soon as practicable in the First Information Report Register, shall have each copy  signed, marked or sealed by the informant, if present, shall seal each with the station seal, and shall dispose of the copies in accordance with rule 24,5 and u he abstains from investigation under either of the proviso to section 157 of the Code he shall submit the copy intended for the Magistrate through the Superintendent. At the same time a reference to such report shall be entered in the Station Diary, register No.II.

 

(3)              All such entries shall, if possible, be made by the officer in charge himself, and, if not so possible, by the station clerk under his direction. Short lists of property stated to have been transferred by the offence may be entered in the report, as also details of any property recovered without search under section 103, Criminal Procedure Code, but detailed lists of property so transferred or recovered on search shall be entered in the first case diary submitted in the case.                       

 

(4)              When it is necessary to question a person brining information of the commission of an offence, special attention shall be paid to the following matters and the results of the inquiries shall be clearly recorded  in the first information report.--

 

(a)               The force from which the information was obtained and the circumstances under which the informant ascertained the names of the offenders and witnesses (if any are mentioned).

(b)               Whether the informant was an eye-witness to the offence.

 

SYNOPSIS

  1. Substance of the first information report.

 

1. Substance of the first information report. From the entry reproduced above that the substance of the first information report was not entered in the daily diary in as much as neither the names of the accused nor the names of the witnesses nor any other detail in regard to the occurrence is given in the entry. The entry does not comply with the requirements of Section 154 Cr. P.C. and Rule 21.1 of the Punjab Police Rules. The failure to enter the substance of the F.I.R in the diary is indicative of the fact that when the said entry was made full facts in regard tot he occurrence were not known. Balwant Singh vs. The State, 3 Cr. L.T. 637.

 

 

24.2.  Written reports by village headmen.--(1) With a view to encouraging written reports, village headmen shall be furnished with a supply of printed copies of Form 24.2(1) for written reports of cognizable offences. The substance of the form shall be explained toe them, and they shall be instructed to give a form to every person who requires  one for use, and if so requested by the complainant to send the form by post “service unpaid” cr by the village watchman tot he police station after it has been filled up and signed, sealed or attested by the thumb-impression of the complainant and  by the signature or seal of the lambardar. Opportunity shall be taken to bring to the notice of the public, verbally and by means of notices affixed to the polices station shall be explained that it is not compulsory on any complainant to make a written report, if he prefers to make a verbal one.

 

(2)              Whenever a written report of a cognizable offence is received at a police station, it shall be  attached to the copy of the First Information Report which is retained in the police station and copies shall be attached to the duplicates, provided that only the check receipt prescribed by the form need be sent to the complainant. The original written report shall be detached from the police station copy of the First Information Report and attached to the charge sheet or final report when the investigation is completed. When a cases is sent up on an incomplete charge-sheet the original report shall be similarly attached.

 

(3)              Action in Urdu shall be prominently displayed in every police station in the province, drawing the attention of the public to the fact that the payment of gratuities by the public to police officials for recording complaints is strongly  disapproved by Government. The notice shall state as briefly as possible that police officials are the servants of the public and paid by it, and that acceptance of gratuities is strictly forbidden by the rules of the police department and renders defaulters liable  to serious penalties. The notice shall conclude with an admonition that demands for such gratuities should be invariably  resisted and reported to the Superintendent of Police.

 

 

24.3 Action on report of non-cognizable offence.-- Where the information relates to a non-cognizable offence, it shall be briefly but intelligibly recorded in the station diary, shall be signed, sealed or marked by the person making it on both foil and counterfoil, and all particulars required by section 44 of Act V of 1861 shall also be noted. A copy of the entry in  the diary made by the carbon copying process and signed and sealed with the station seal by the recording officer, shall be made over to the  informant who shall be referred to the Magistrate in accordance with  section 155, Code of Criminal Procedure,.

 

24.4. Action when reports are doubtful.--(1) If the information or other intelligence relating to the alleged  commission of a cognizable offence is such that an officer in charge of a police station has reason to suspect that the  alleged offence has not been committed, he shall enter the substance of the information or intelligence in the station diary and shall record his reasons for suspecting that the alleged offence has not been committed and shall also notify to the informant, if any, the fact that he will not investigate the case or cause it to be investigated.

 

(2)              If the Inspector or other superior officer, on receipt of a copy of the station diary, is of opinion that the case should be investigated, he shall pass an order to that effect, and shall, in any case, send on the diary or an extract there from to the District magistrate for his perusal and orders.

 

(3)              When a counterfeit currency note is found in circumstances which indicate that owing to absence of guilty knowledge no offence under section 489-B, Indian Penal Code, or cognate section has been committed, the information shall be recorded under section 154, Criminal Procedure Code, in the station diary, the special report  required by rule 24.16 shall be submitted and enquiry shall be made to trace the point in the movement of the note  at which a cognizable offence appears to have been committed. When reasonable suspicion of such commission arises a First Information Report shall be recorded in the police station concerned and investigation under section 157, Criminal Procedure Code, shall be made.

 

24.5, First Information Report Register.--(1) The First Information Report Register shall be a printed book in Form 24.5 consisting  of 200 pages and shall be completely filled before a new now is commences. Cases shall bear an annual serial number in each police station for each calendar year. Every four pages of the register shall numbered with the same number and shall be written at the same time by means of the carbon copying process.

 

(a)               One tot he Superintendent of Police or other gazetted officer nominated by him.

(b)       One to the Magistrate empowered to take cognizance of the offices as is required by section 157, Criminal Procedure Code, In murder cases the following procedure shall be followed.

 

 

(i)        The F.I.R. shall be sent to the Magistrate concerned immediately in his court during court hours and at his residence thereafter.

 

(ii)              In case the Magistrate concerned is out of station, the F.I.R. shall be submitted to the Duty Magistrate.

(iii)            If the Magistrate is not available after court hours, the copy of the F.I.R shall be left at his house by the messenger noting the date and hour of delivery on the cover with the contents.

(iv)            If on account difficulties of communication or other causes the delivery is delayed, the reasons and delay shall be noted on the cover.

(v)               As soon as the F.I.R. is received by a Magistrate he shall affix his initials therefor and note thereon the date and hour at which the report has been received by him. In the case of a delayed F.I.R. if he disagrees with the reasons given by the Police officer for such delay, he shall also  give his own reason for the same, if any.

(vi)            In cases where the Police Station is not situated in the same place where the magistrate resides or where the Police Station is situated in an out-of-the way place, the carbon copy of the F.I.R. after it has been to the recorded, shall be posted at once, at the nearest post office, addressed to the Magistrate by name before the first clearance of the dak. In such cases the Magistrate shall check that the F.I.R. has been despatched by the earliest post after its registration in the Police Station as shown by the time recorded on it.

 

(c)        One to the complainant unless a written report in form 24.2(1) has been received in which case the check receipt prescribed will be sent.

 

(2)              In cases relating to cognizable offences triable by Panchayat one extra copy of the first information report shall be prepared on plain paper bearing the seal of the Police Station, and shall be sent to the Panchayat  concerned for information, mention being made in the body of the F.I.R. that his action is being taken.

 

Note:- The cognizable offence triable by Panchayat are detailed in appendix 24.5.

 

(3)              In the case of the railway police, the copy intended for the Magistrate empowered to take cognizance of the offence shall be submitted through the Superintendent of the district police, Provided that at railway police station, other than district headquarter stations, where there is a magistrate having jurisdiction, one  copy shall be sent to such magistrate direct, one to the Deputy Superintendent of the railway Police and another to the Superintendent of district police. The extra copy required in such cases will be made by inserting an extra sheet of paper and carbon paper and afterwards filling in the printed headings, etc., by hand.

 

(4)              All information required by the form shall be filled in, and thereafter  the serial number of each case diary submitted shall be noted on the reverse  of the original copy which is to remain at the police station.

 

(5)              On the conclusion of the case the particulars contained in the charge sheet slip shall be filled in on the reverse of the original copy and the slip returned to the Superintendent's office.

 

 

SYNOPSIS

  1. Object of.

COMMENTS

 

1. Object of. If the facts given in the first information report disclose the commission of an offence of murder, it is not open to the officer recording the first information report to circumvent the requirements  of the R. 24.5 by registering a case under S. 304, I.P. Code, instead of Section 302, I.P. Code. (1963) 65 Punj L.R. 490.

 

24.6. Railway cases. Every offence shown in the returns of the railway police shall also be shown in the returns of the district police of the district in which it was either reported or tried.

 

24.7. Cancellation of cases.-- Unless the investigation of a case is transferred to another Police Station or district, or first information report can be cancelled without the orders of a Magistrate of the 1st  class.

 

                  When information or other intelligence is recorded under section 154, Criminal Procedure Code, and, after investigation, is found to be maliciously false or false owing to mistake of law or fact or to be non-cognizable or matter for a civil suit, the Superintendent  shall send the first information report and any other papers on record in the case with the final report to a Magistrate having jurisdiction and being a Magistrate of the first class, for orders of cancellation. On receipt of such an order the officer in charge of the police station shall cancel the first information report by drawing a red line across the page, noting the name of the Magistrate canceling the case with number and date of order. He shall then return the original order to the Superintendent's office to be filed with the record of the case.

 

24.8. Register of cognizable  Offences.--(1) Each Superintendent shall maintain a register of cognizable offence in Form 24.8(1), styled for English Register of Cognizable Offences. It shall be sent on each working day to the District Magistrate when such officer is at the district  headquarters.

 

(2)              The serial number in column one shall commence and end with the calendar year. Case cancelled or transferred shall be erased by ruling a red line through them, and shall, at the end of the year, be deducted from the total.

 

24.9. Register of Petty Offences.--(1) A book, to be called the register of Petty Offences, consisting of one hundred blank pages with printed headings, in Form 24.9 shall be kept up as a permanent record at each  police station where there is a resident magistrate having power to entertain complaints of the offences hereinafter mentioned, and whose headquarters is either:-

 

(i)        a town to which Act III of 1911 (the Punjab Municipal Act) has been extended

(ii)              a town to which section 34 of Act V of 1861 has been extended;

(iii)            a military cantonment;

(iv)            a place outside the limits of a military cantonment to which any of the rules and regulations for such cantonment have been lawfull extended.

 

(2)              The register of Petty Offences as mentioned in sub-rule, shall also be kept at each Government Railway Police Station and Out Post.

 

24.10. Register of petty offences.- Class of offences to be entered.-- The offences which may be recorded in the register mentioned, and which are referred to in the last preceding rule, are:-

 

 

(1)               cognizable offences under municipal bye-laws;

(2)               offences under section 34 of Act V of 1861, committed in the view of a police  officer;

(3)               cognizable offences under cantonment rules and regulations;

(4)               cognizable offences under section 112 of the Railway Act, 1890.

 

24.11. Register or Petty Offences-procedure.--(1) The register of Petty Offences shall be sent daily, whenever offences are reported and when the courts are open, to the magistrate, empowered to take cognizance of them, and afterwards, in the case of headquarters police stations, to the Superintendent of Police for scrutiny.

 

No first information report, case diary or charge sheet shall be submitted in such cases.

 

(2)              A return shall be submitted form such police station as maintain the register at the end of each year showing the entries in the register.

 

Such return shall be recorded by the return-writer in the general crime register.

 

24.12. Special reports from Police stations.--(1) Every officer in charge of a police station shall, as soon as possible after he receives information of the commission within his jurisdiction of an offence mentioned in the subjoined table, submit a vernacular special report in Form 24.12(1) to the officer, or officer, mentioned in the third column of the table: provided that if a first information repot containing the same information is required by law to be sent to any such officer, and is sent with equal despatch, no special report need be sent to the officer who receive first information reports.

 

(2)              Vernacular special reports and first information reports sent in lieu of them shall be enclosed in red envelopes.

 

(See Table on Next Page)

 

24.13. Special reports for Superintendents.--(1) Every Superintendent shall, as held responsible for communicating special reports with the greatest  possible despatch tot he officers concerned  and in serious cases shall make free use of the telegraph and telephone.

 

24.14. Special reports for Superintendents .--(1) Every Superintendent shall, as soon as possible after he receives information of the occurrence within his jurisdiction of a case mentioned in the table subjoined to rule 24.15, submit special reports in Form 24.14 to:-

 

(i)        the District Magistrate;

(ii)              the Deputy Inspector-General of the Range;

(iii)            the officer mentioned in the third column of the table, and

(iv)            any neighbouring Superintendent, or police officer, whom he considers should be informed of the occurrence.

 

Provided that, in the case of the railway police, the copy intended for the District Magistrate shall be sent through the Superintendent of the district concerned.

 

(2)            The officers to whom special reports are forwarded in accordance with this rule shall be detailed on each of the report.

 

(3)            Gazetted officer shall be responsible that special reports are concisely and intelligently written and that developments of the case and  important stages in its progress are promptly reported by continuation special report.

 

 

 

 

 

 

 

 

 

 

 

 

 

Serial No.

Offences

Officers to whom re ports are to be made

1

2

3

 

4

5

 

 

 

6

7-A

8

9

10

 

11

 

 

12

13

 

 

 

 

 

14

 

 

15

 

 

16

17

 

 

 

18

 

 

19

Administering drugs or poison for hurt or robbery

All offences committed by Europeans or any class.

Unnatural or sudden death of an American or European.

Counterfeiting coin.

Loss or theft of firearm, whether Government or private property, component parts of such arms, or ammunition, and all recoveries of the same Dakaiti.

Escapes from, and deaths whilst in, police custody.

Assault on police officers.

Grievous hurt when the person hurt is a European

Murder.

Attempt to murder when the person hurt is a European

Theft or robbery of Government treasure, or of property in the possession of the Post Office, when the property exceeds Rs.  00 in value.

All serious charges against the police.

All cases in which an Indian dies, or is reported to have died, of injuries inflicted by a European of any class or by the police; and the occurrence of all collisions between Europeans of all classes and Indians whether alleged to be accidental or intentional.

Damaging the telegraph with intent to prevent transmission to lap, or to commit mischief within the meaning.

Wilful act or omission endangering of section 25 of Act XIII of 1885, person on railway, under section 128 of Act IX of 1890.

Rioting

Offences under Chapter XII and XVII of the Indian Penal Code by members of notified criminal tribes and arrests of nomad gangs irrespective of the Punjab or not.

Arrest of women-whether with or without warrant, bailable or non-bailable,-vide Police Rule 26.18-A(1).

All cases in which a person in police custody or under Police interrogation becomes seriously ill or sustain injury.

 

 

 

 

 

 

 

 

 

 

 

Superintendent of Police

 

 

 

 

 

 

 

 

 

 

 

 

 

Nearest Telegraph Master and Superintendent of Police

Nearest Station Master and Superintendent of Police

Tahsildar

 

 

 

 

Superintendent of Police

 

24.15. Special reports-cases when reported and to whom.--District Magistrates and Deputy Inspectors-General shall at their discretion forward copies of special reports  in case to Commissioners and to the Inspector-General, respectively, for information. The Inspector-General shall send copies to Government and head of departments in any cases which he considers are of sufficient importance to be brought to their notice. Commissioners should only send copies to Government when they have any particular comment to make on the case.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TABLE

 

Serial No.

Offences

Officer to whom reports are to be made

1

 

 

 

 

 

2

3

3.A

4

 

 

5

6

7

 

 

 

 

 

8

 

 

9

10

11

 

12

Culpable homicide, on attempt to commit culpable homicide, or grievous hurt, or attempt to commit grievous   hurt, when the offence is committed by a religious fanatic, and also when the person assaulted is an American or European whether the offender is a gangatic or not.

Deaths whilst in police custody.

Escapes from police custody.

Assault on Police Officers

All Serious charges against the police including strictures on the conduct of Police Officers by the Courts.

Theft or robbery of Government treasure.

Serious Cases of rioting

Administering drug or poison for hurt or robbery.

 

 

 

 

 

Dakaiti

 

 

Serious cases of robbery.

Robbery of European traveler of any class

Unnatural or suspicious death of an American or European.

Counterfeiting coins or any offence committed in respect of counterfeit coins, forgery of Government currency notes of Rs. 10 or more in value and new forgeries of Government currency notes of nay value, forgery of Government stamps, or fraudulent alteration or re-use of the same, when the circumstances are novel or important. Loss, theft or recovery or arms and important component parts, and ammunition (see Appendix 22.15) falling under the following category:-

(a) Machine guns, Light automatic, Grenades and articles of Royal Air Force armaments.

Deputy Inspector-General, Criminal Investigation  Department

 

 

 

Ditto                       Ditto

Ditto                       Ditto

Ditto                       Ditto

Ditto                       Ditto

 

 

                    Nil

                    Nil

Deputy Inspector-General, Criminal Investigation Department, and Assistant Inspector-General, Government Railway Police.

Deputy Inspector-General, Criminal Investigation Department .

Ditto                       Ditto

Ditto                       Ditto

Ditto                       Ditto

 

Ditto                       Ditto

 

 

 

 

 

 

 

 

(a) When losses are sufficiently serious to be brought to the notice of Government of India.

 

 

TABLE

 

Serial No.

Offences

Officer to whom reports are to be made

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14

 

 

 

 

 

15

 

 

15A

 

 

 

16

 

 

 

 

 

 

17

 

 

 

 

18

19

 

 

 

20

 

 

 

 

21

 

 

 

22

 

 

 

 

23

 

24

 

 

25

 

 

 

 

 

 

 

26

 

 

 

 

 

27

 

 

 

 

 

28

 

 

29

 

 

30

 

 

31

(b) Rifles, revolvers and pistols, Government or private property.

 

 

 

(c) Barrels and bolts of .303 bore

 

 

 

 

 

 

 

 

 

(d) Ammunition for cannons, machine guns and high velocity rifles.

(e) High explosives, whether in bulb or in made up charges including fuses and detonators.

All serious cases of professional crime, especially when the offenders are believed to e professionals from other provinces and all serious cases in which offenders are believed to be residents of Independent Territory or of the North-West Frontier Province.

All Offences of a particularly startling or atrocious nature, or which are likely to attract public interest or to be discussed in the public press.

All crimes of violence against money-lenders where there is reason to suppose that debtors are concerned either in the commission or abetment of the offence.

Cases in which an Indian dies, or is reported to have died of injuries inflicted by Europeans of all classes or by the police; and the occurrence of all collisions between Europeans of all classes and Indians, whether accidental or intentional, except when there is no confirmation or, when they are of a positively insignificant character.

All offences committed by residents of the Punjab outside the limits of the province of which Superintendents receive information and which, if committed in the Punjab, would be specially reported.

Murder

Damaging the telegraph with intent to prevent transmissions, to tap, or to commit mischief within the meaning of section 25 of Act XIII of 1885.

 

Robbery of the mail

 

 

 

 

Maliciously wrecking or attempting to week a train, and endangering safety of persons travelling by raiway to wilful act or omission (vide sections 126, 127 and 128 of Act IX of 1890).

Any Offence or occurrence resulting from religious or political excitement affecting the peace of a town or of the district.

 

 

All cases of disturbances between the military and the civil population.

Robbery of he British mail in foreign territory.

 

 

Serious Railway accidents.

 

 

 

 

 

 

 

Other serious accidents resulting in the loss of more than three lives.

 

 

 

 

Cases of defalcations or fraudulent loss of Government money or stores in the Police Department (vide Article 29, Civil Account Code). See also rule 10.172

 

 

All important cases of smuggling of opium, cocaine and drugs.

 

All cases in which a person in Police custody or under Police interrogation becomes seriously ill or sustains injury.

Calamities such as floods or earthquakes, which causes serious damages to life or property.

 

Convictions of all Non-Asiatics for offences which render them liable to have their finger print slips prepared in accordance with paragraph 25 of the Finger Print Manual.

(b) When the theft appears to be the work of Ut. Khela or other professional thieves,

and

(c) when the loss appears to indicate that standing rules for the custody of arms and ammunition, either in possession of regiments or individuals or during transit by rail or otherwise are defective and should be amended, telegraphic information should be sent.

 

 

 

 

Deputy Inspector-General, Criminal Investigation Department.

 

 

 

Ditto                      Ditto

 

 

Ditto                      Ditto

 

 

 

Ditto                      Ditto

 

 

 

 

 

 

Ditto                      Ditto

 

 

 

 

Nil

When no report has issued from the police station, a copy also to be nearest Telegraph Master.

The Postmaster-General and in serious cases to the Deputy Inspector-General, Criminal Investigation Department.

When no report has issued from the police station, a copy also to the nearest Station Master.

Commissioner, Deputy Inspector-General, Criminal Investigation Department and Officer Commanding Station.

Ditto                 Ditto

 

Commissioner and Deputy Inspector-General, Criminal Investigation Department.

Nearest Station Master (where report has not been mad direct by the officer in chare of the station). Agent or Manager of the Railway, Deputy Inspector-General, Criminal Investigation Department.

Chief Engineer, Public Works Department, Buildings and Roads Branch and Secretary, Provincial Transport Authority in case of road accidents.

Inspector-General of Police, Punjab, Lahore (two copies, one of which will be forwarded when necessary to he Accountant-General, Punjab).

Financial Commissioners, Punjab, through the Collector of the District.

Deputy Inspector-General of Police, Criminal Investigation Department.

Commissioner and Deputy Inspector-General, Criminal Investigation Department.

Deputy Inspector-General of Police, Criminal Investigation Department Punjab.

 

 

 

 

 

 

 

Note - - (i) Matters referred to in Serial Nos. 14, 22 and 23 shall ordinary be reported by letter and telegram to the officers mentioned. The other matters may be reported by letter or telegram at he discretion of the Superintendent.

            (ii) A Note of all arms, etc., lost, stolen or recovered,.. vide serial No. 13 should be maintained by the Criminal Investigation Department, Punjab, and a return sent in annually to the Director, Intelligence Bureau.

 

 

 

 

 

24.16.  Forgery of currency notes and coining cases.—(1)  In special reports of forgeries of stamps, fraudulent alterations and re-use of stamps, full particulars of the case shall be given, and specimens of the fraudulent stamps shall, if possible, be sent with such reports.

(2)        In cases of counterfeiting coin, the reports should contain full information on the following points:-

(i)        The represented value of the coins which are counterfeits, i.e., counterfeits of a rupee, and eight, four or two-anna pieces;

(ii)              The date on the counterfeit coin;

(iii)            Whether cast in a mould; or

(iv)            Struck between dies;

(v)               Good, bad, or indifferent -  if bad or indifferent, why so considered, i.e., want of sharpness, ring different from that of a true coin, or other cause;

(vi)            Metal of which made and percentage of silver;

(vii)          Is Superintendent of opinion from the facts before him that any person arrested is an habitual dealer in false coin?

 

Explanation:-            The information under sub-rule (2) (vi) above will be obtained from personal , a local inquiry from a silver-smith or otherwise, as may be practicable. In all cases where the coins appear to have been struck from a die and are good imitations, a specimen of the counterfeit coin or coins should, if possible, be sent to the Officer-in-charge, His Majesty’s New Mint at Baghbanpura, lahore, for report, and when his report is received, a copy should be sent by continuation special report. All coins to be assayed should be sent direct to the Mint Master, Calcutta, and not through the Inspector General.

           

(3)        On the appearance in any district o any forged currency note of Rs.10 or more in value, or of any new forgery of a currency note of any value, the Superintendent shall send a copy of the special report required by the rules above to the Currency Officer, Lahore. Such reports shall state whether the note is process made or hand drawn and given the denomination of the forged note, the circle, the date, the serial letters, the number, and the consecutive number. Continuation and final reports shall be submitted to the Criminal Investigation Department, in duplicate, giving particulars of the notes passed and the modus operandi of the forgers or utterers and of other persons concerned. On the completion of the police enquiry, the note shall be sent to the Currency Officer, Lahore, through the Criminal Investigation Department, together with a report explaining the facts. Special reports of forgeries of currency notes, or of the appearance of forged currency notes, of less than Rs.10 in value are not required in the case of old forgeries which have come to notice before and have appeared in the lists printed in the Criminal Intelligence Gazette, but a list of the presentation of all such forgeries of all such forgeries of notes of less than Rs.10 in value should be submitted on the first of each month, together with the notes in question, to the Currency Officer, Lahore, through the Criminal Investigation Department.

 

24.17.  Continuation and final reports.—(1)  Each successive special report in the same case shall bear the same number as the first report and shall be distinguished by the addition of a capital Roman letter in the order of the alphabet.

IIIustration:-  The first special report of the murder of X is No.20. The next special report shall be numbered 20-A, the next 20-B and so on.

(2)        Successive special reports shall be submitted whenever there is matter of importance to communicate.

(3)        A final report shall be submitted without delay in all cases when (a) the investigation is dropped or (b) the case is finally decided in court.

 

24.18.  Record of special report.--(1)  Three general files of special reports shall be maintained as follows:-

(a)               Murder.

(b)               Dacoities.

(c)                Other offences.

 

(2)        A Special file may be opened if necessary for any particular case.

              

24.19.  The duties of the Police as Excise Officers.—(1)  Co-operation between the excise and police force is necessary for the detection and investigation of excise offence. The Inspector General of Police and the Financial Commissioner lay stress upon this co-operation as one of the principal secrets of successful working. Any case of jealous or obstructive working will be severely dalt with.

 

(2)        When an officer in charge of a police station becomes aware of an excise offence, he shall at once register it as a police case and inform the District Excise Officer, who with respect to such cases shall be regarded as the magistrate in charge of the police station. The excise sub-Inspector concerned shall also be informed and his co-operation invited, but no delay shall be allowed to occur merely in order to obtain his presence.

 

 

(3)               All excise inspectors and sub-Inspectors are required to maintain First Information Report Register for the registration of complaints and reports of excise offences. In all cognizable cases  a copy of the First Information Report shall be sent to the police station in whose jurisdiction the offence ois reported. In return the excise inspector or sub-inspector will be given a copy of the Police First Information Report as a report.

 

(4)               An excise inspector or sub-inspector shall not ordinarily attempt a search or make an arrest by himself. He shall always obtain the assistance of the police sub-inspector. If however, delay is likely to defeat the ends of justice, the excise inspector or sub-inspector shall make the arrest or search himself, and at the same time send to the police sub-inspector for assistance.

 

(5)               The prevention of illicit distillation of spirit is one of the most important of the duties of the police. This will not be effected by isolated seizures. It involves careful and sustained enquiry and a complete knowledge of his jurisdiction by the officer in charge of the police station. As a rule the manufacture of illicit spirit is confined to certain castes which are habitual consumers of spirit. The most probable localities of illicit traffice should thus be easily ascertainable by the officer in charge of the police station. It is impossible for an illicit still to be regularly worked in a village without the knowledge of the chaukidars and tambardars. The trade betrays itself by the resulting smell, the accumulation of refuse, and the occurrence of drunkenness, where no means of licit supply exist. If these things happen and the village officials make no report, it is obvious that they are conniving at the offence. In such cases the officer in charge of the police station must at once take steps, to have these rural officials punished. Where it is notorious that illicit stills are worked, the officer in charge of the police station neglects his duty if he does not arrange to put in operation the provision for search, seizure, and prosecution contained in the Excise Act.

 

(6)               If it is found that illicit manufacture of country spirit has been extensively carried on in a police station jurisdiction and preventive action has not been taken by the police, neglect of duty on the part of the officer in charge of the police station will be presumed.

 

(7)               Attention must also be paid to the unlicensed sale of spirit in large towns by sodawater sellers and others, and to the smuggling of country spirit in thanas adjoining Indian States.

 

(8)               Any charas coming into the Punjab by any other routes than those sanctioned should at once be detained under section 61 of the Excise Act, and the orders of the Collector taken. Charas smugglers generally travel by rail and can easily be captured in cooperation with the railway checking staff, who while examining their tickets can also examine their luggage.

 

(9)               The use of cocaine, except for medical and surgical purposes, is altogether prohibited in the Punjab. The principal places in the Punjab into which it is smuggled are Lahore, Amritsar, Rawalpindi, Ambala and Karnal.

 

(10)           Offences against the opium law very in their nature with various districts; the most important offences, viz, smuggling and illicit sale of smuggled opium (whether contrived by licensed vendors themselves or by private individuals) being common or uncommon according to the geographical position of district with reference to Rajputana, Afghanistan and the Hill States, or even railway communication with Nepal.

 

(11)           No opium can be imported into a district without a pass; and any police officer can, therefore, detain bulk opium if there is no pass. He can also search a person whom he believes to be guilty of having excess quantities of opium in his possession. Any police officer above the rank of head constable may search premises in which he believes smuggled or illicit opium is stored.

 

The legal limit of possession of opium is two tolas and any person bringing it from any Indian State in excess of this amount is liable to arrest and prosecution under section 9 of the Act.

 

(12)           The sale of all preparations of opium for smoking of illegal. There is need of continued activity in tracing out and prosecuting proprietors of chandu and madak dens in which sales occur, the object being to make indulgence in opium smoking so difficult and disreputable that the younger generation will be unlikely to acquire it.

 

Under the Opium Smoking Act, 1923, members of opium smoking assemblies as well as proprietors of houses used for opium smoking are liable to prosecution. Under section 14 of the Act every officer of the police department is required to give reasonable aid to an excise officer making any arrest or search under the Act. The Police have no powers of search, seizure or arrest under the Punjab Opium Smoking Act; but they have such powers under sections 14 and 15 of the Opium Act, 1978, against any individual in possession of more than the half tola of preparations of admixtures of opium used for smoking which is the limit of legal possession under section 9 of that Act.

 

(13)           The Financial Commissioner has impressed upon all Deputy Commissioners the necessity of granting liberal rewards both to informers and to arresting officers in all excise cases. Rewards to sub-inspectors and officers of lower rank may be sanctioned by the Deputy Commissioners up to Rs. 200, but the sanction of the Financial Commissioner is required for larger rewards and for rewards to officers of higher rank.

 

APPENDIX No. 24-5(2)

The following cognizable offences are triable by Panchayat : -

 

            Section                                               Offence

269            Negligently doing any act known to be likely to spread infection of any disease dangerous to life.

270            Malignantly doing any act known to be likely to spread infection of any disease dangerous to life.

277            Defiling the water of a public spring or reservoir.

288            Causing danger, obstruction or injury in any public way or line of navigation.

289            Omitting to take order with any animal in possession so as to guard against danger to human life, or of grievous hurt, from such animal.

291      Continuance of nuisance after injunction to discontinue.

294            Doing of obscene acts or singing obscene songs, etc., in a public place to the annoyance of others.

336            Doing any act which endanger human life or the personal safety of others.

341            Wrongfully restraining any person.

379            Their.

411            Dishonestly receiving stolen property knowing it to be stolen.

 

Provided, that (1) a Panchayat shall take cognizance of offences under Sections 379 and 411, Indian Penal Code, only where the value of the property stolen does not exceed Rs. 100 and the accused is named in the complaint.

 

            (2)        A Panchayat shall not take cognizance of any complaint under Section 379 or 411, Indian Panel Code, if the accused :-

 

(i)        has been previously convicted of an offence under Chapter XII or XVII of the Indian Panel Code punishable with imprisonment of either description for a term of three years or upward, or

 

(ii)              has previously been fined for-theft or receiving or possessing stlen property by any Panchayat, or

 

(iii)            is a registered member of a criminal tribe under Section 4 of the Criminal Tribes Act, 1911, or

 

(iv)            has been bound over to be of good behaviour in proceedings instituted under Section 109 of 110 of the Code of Criminal Procedure, 1898, or

 

(v)               has had an order of restriction passed against him under the Restriction of habitual Offenders (Punjab) Act, 1981.

                       

 

Section                                                           Offence

447            Criminal Trespass.

448            House Trespass.

461            Dishonestly breaking open or unfastening any closed receptable containing or supposed to contains property.

 

___________________

 

 

APPENDIX No. 24-15

 

Circular No. 17/A and A/48, dated 25th May, 1949 from Government of India, Intelligence Bureau, Ministry of Home Affairs, New Delhi.

 

1.                  In suppression of the existing orders on the subject, the following instructions regarding the reporting of losses and thefts of Government and private fire-arms and ammunition capable of being used for military purposes are issued with the approval of the Government of India.

 

2.                  Under Military Regulations, Officers Commanding detachments report the lossor recovery of arms, important components or ammunition to the Superintendent of Police, or, if the loss or recovery takes place in an Indian State or Union of States, to an appropriate officer of the Government of the State or Union designated in this behalf. The Superintendent of Police or the Officer of the State or Union so designated, as the case may be, is then responsible for all further action for tracing and recovery of the lost or stolen articles.

 

3.                  Reports should be made by the Superintendent of Police or the Officers of the States or Unions, as the case may be, to the provincial Criminal Investigation Department of the loss, theft or recovery of arms, important components and ammunition coming under the following category, of which they may receive information from any source whether military, civil or private.

 

(i)        Machine Guns, Light automatics, Grenades and articles of Royal Air Forece armaments.

(ii)              Riles, Revolvers and Pisstols, Government or private.

(iii)            Barrels and bolts of .303 bore.

(iv)            Ammunition for cannon, machine guns and high velocity rifles.

(v)               High explosives, whether in bulk or in made-up charges including fuses and detonators.

4.(a)     Reports concerning items of the above category should be made by telegram wherever there is prima facie evidence   or resonable suspicion of a recent theft. In other cases reports should be made by letter. Ikn all cases every effort must be made to include either in the initial report or in a very early continuation report the fullest possible details both for the identification of the missing arms, components or ammunition and as regards the methods and identity of the thieves.

(a)               Provincial Criminal Investigation Departments on receipt of reports

according to the above instructions will be responsible for the direction of suitable action for detection and  recovery. If in any case there may appear grounds for suspecting the agency of professional arms thieves from the North-West Frontier, Telegraphic information giving the fullest available particulars should be sent to the Deputy  Inspector-General of Police, Criminal Investigation Department, East Punjab ( Telgraphic address “CIDEAST, SIMLA”.

5.      A return of all identification arms, etc, lost or stolen or recovered

should be maintained by the Provincial Criminal Investigation Department and

should be sent in annually to the Director, Intelligence Burea.

6.         All reports of losses, thefts and recoveries of arms, etc, should be published by Provincial Criminal Investigation Department in their Criminal Intelligence Gazettes of Confidential Supplements. Such reports must invariably include all details necessary to establish the identity of any particulars weapon, or component part.

7.         When losses are sufficiently serious to be brought to the notice of the Government of India, or to rank as matters of public interest as well as in the following cases:-

 

(a)               When the theift appears to be the work of Ut. Khels or other professional rifle thieves.

(b)               When the loss appears to indicate the standing rules for the custody of arms and ammunition either in possession of regiments, or individuals or during transit for rail or otherwise, are defective and should be amended, intimation of such losses should be telegraphed to the Director, Intelligence Bureu, New Delhi, by the Provincial Criminal investigation Department, and copies of all subsequent reports submitted by the Superintendent of Police also be sent to him.

 

8.         In the particular case of revolvers, rifles, and pistols, all losses, thefts and recoveries of such weapons as bear the manufacture’s number should be reported to the Director, Intelligence Bureau, by the Provincial Criminal Investigation Departments. The reports regarding recoveries should include information, if possible, as to where, when and form whom the weapon was obtained by the person from whom it is recovered. All reports should be submitted as soon as convenient after the loss, theft or recovery.

9.         No report need be made under these rules in the case of the loss or theft of smooth bore weapons, ammunition for such weapons, swords, bayonets, or accoutrements. Covered Martinni-Henries and Shires are classed as smooth bore weapons.

10.       Deliberate attempts to smuggle arms and ammunition in to India, by land or sea or air, should promptly be reported to the Director, Intelligence Bureau. Similarly the discovery of fire arm which appear to have been deliberately smuggled in to India should also be reported to the same quarter.

            In all instance, full particulars of the articles seized, such as the maker’s name., place of manufacture, number bore and other distinguishing marks in the case of  fire-arms and maker’s name, bore and distinguishing marks in the case of cartilage, should be communicated at the time the report is made or as soon afterwards as possible. Information if available obtained form the smugglers or otherwise, as to where, when and from whom the weapons, etc. were obtained should also be given. Whenever a prosecution is initiated with respect to a reported case of smuggling or, or attempted to smuggle, arms and ammunition, the result should also be communicated to the Director, Intelligence Bureau.

            These instruction do not affect the quarterly returns of arms and ammunition seized by the customs, which should continue to be submitted by the Criminal Investigation Departments of maritime provinces and the provinces a having air ports in their jurisdiction.`

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM NO. 24.2(1)

FIRST INFORMATION REPORT BY A COMPLAINANT

 

 

Name, parentage and residence of complainant of informant

 

Date and time of writing the slip and delivery 0to Chaukidar.

 

Date and time, of receipt of Police Station

 

Substance of complainant or information which shall be attested by the signature, seal or thum-impression of complainant or informant, and signature, or seal of lambardar as witness.

 

 

(Check receipt to be sent to the complainant)

 

Received a written complaint form ______of village_____dated ______First information Report No______

Under section ________________I.P.C. has been registered this day.

 

Name of Police Station ________________________

Date _______________________________________

 

 

 

 

 

Signature of Officer-in-charge

 

 

If a First Information Report has not been registered then these words should be struck out and a brief note given below of the action taken.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM NO. 24.2(1)

FIRST INFORMATION REPORT BY A COMPLAINANT

FIRST INFORMATION  OF A CONGNIZABLE CRIME REPORTED UNDER SECTION 154, CODE OF CRIMINAL PROCEDURE

 

 

Police Station ________________                                       District__________________

 

 

No.________________________                  Date and hour of occurrence_____________

1

Date and hour when reported

2

Name and residence of information and  complainant

3

Brief description  of offences ( with section ) and

Property carried off, if any

4

Place of occurrence and distance and direction from police station

5

Steps taken regarding investigation; explanation

Of delay in recording information

6

Date and hour of despatch form police station

Signed________________

Designation___________

 

 

 

(First information to be recorded below)

 

 

NOTE:-          The signature, seal or mark of the informat shall be affixed at the foot of the information and shall be attested by the signature of the officer recording the “ first information

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(REVERSE OF POLICE STATIONI COPY OF FIRST INFORMATION REPORT)

(NOTE TO BE PRINTED ON REVERSE OF OTHER COPIES)

INDEX OF CASE DIARIES

 

(To be filled in immediately on receipt of case diaries)

 

Serial No

Date of case diary

Name of investigating officer

Serial No.

Date of case

Name of investigating officer

Serial No.

Date of case diary

Name of investigating officer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Information to be filled in when charge-sheet or final report is submitted.

Date of hour of submission of Charge-sheet or Final Report and section under which accused are sent for trial

Names of witness

Name and residence of accused A-Sent in custody for trial B-On bail or recognizance C-Net sent for trial

Property (including weapons) found

 

Information to be filled in as soon as received

Date of receipt of chalan in Court

Offence according to which convitced or acquitted

Result of the case (In case of conviction or acquital, the name of court, date and detail of the under

 

 

 

 

 

POLICE STATOIN ________________________                                  ________________ DISTRICT

ENGLISH REGISTER OF COGNIZABLE OFFENCES

 

1

2

3

4

5

6

7

8

9

10

11

 

DATE OF

CASES REPORTED ON DATE

Annual Serial No.

Entry in this register

Commission of offence

Police station submitting report

Place where offence was committed

Number of first information report

Section of law of-fended against

Cases not investigation u/s 157, (b), C.P.C

PROPERTY

 

Stolen              Recovered

Persons arrested

 

12

13

14

15

16

17

18

19

20

21

22

CASES DECIDED ON DATE

PERSONS

Serial No of former report in this register

Cases cancelled

Arrested

Released on bail or recognizance

Sent for trial

Discharged

Acquitted

Convicted or ordered to find secuity

Remarks by Superintendent of Police

Remarks by Deputy Commissioner

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM NO. 24.9

POLICE STATOIN __________________                                      ______________________DISTRICT

Register of Petty offences

Under Section 154, Cr. P. Code, intimidation under Section 157, Cr. P. Code diary under Section 172 Cr. P. Code and final report under Section 173, Cr. P. Code of offences against cantonment and municipal bye-laws and under Section 34 of Act V of 1861.

 

 

1

2

3

4

5

6

7

 

 

NAME, PARENTAGE AND RESIDENCE OF

 

 

ACCUSED HOW FORWARDED

 

Offence, section and law offended against

Substance of information, date when and place where offence was commited

Complainant

Accused

Date and time at which information reached Police Station

Name of the persons who appear to be acquainted with the circumstances of the case and details of any property sent in the case

On bail

On recognizance

In custody and the reasons why

Finding and sentence

 

 

 

 

 

 

 

 

 

 

 

FORM NO. 24.12(1)

POLICE STATION __________________                                      _________________DISTRICT

 

VERNACULAR SPECIAL REPORT ON AN OFFENCE

 

No.                              of                     19                                            Dated             19

1

2

3

4

5

6

 

NUMBER OF PERSONS

VALUE OF PROPERTY

 

Offence and section of law offended against; distance and direction of place from Police Station, and name of Sub-Inspector in charge

Supposed to have been concerned

Arrested

Taken

Recovered

Statement of the case, conduct of the Police and steps taken by them

 

 

 

 

 

Date and time of occurrence Date and time of report to Police

Signature of Officer-in-charge of Police Station.

FORM NO. 24.14

 

POLICE DEPARTMENT                                                                _____________   DISTRICT

SPECIAL REPORT OF AN OFFENCE

 

No.                              of                     19                                            Dated             19

1

2

3

4

5

6

 

NUMBER OF PERSONS

VALUE OF PROPERTY

 

Description of offence and section of law offended against; also distance and direction of place from Police Station and name of Sub-Inspector in charge

Supposed to have been concerned

Arrested

Taken

Recovered

Statement of the case, conduct of the Police and steps taken by them

 

 

 

 

 

Date and time of occurrence Date and time of report to Police

Superintendent of Police

Copy sent to:             (1)        District Magistrate _____________________________

(2)               Deputy Inspector General ________________________________ Range.

(3)               _____________________________________________________

(4)               _____________________________________________________

CHAPTER XXV-INVESTIGATION.

 

25.1       Power to investigage.—(1)  An officer in charge of a police station is empowered by section j156, Criminal Procedure Code, to investigate any cognizable offence which occurs within the limits of his jurisdiction.

 

(2)               He is also empowered under section 157(1), Criminal Procedure Code, to depute a subordinate to proceed to the spot to investigate the facts and circumstances of the case and, if necessary, to take measures for the discovery and arrest of the offenders.  Any police officer may be so deputed under this section, but where a police officer under the rank of assistant sub-inspector is deputed the investigation shall inveriably by taken up and completed by the officer in charge of the police station or an assistance sub-inspector at the first opportunity.

(3)               An officer in charge of a station shall also render assistance whenever required to all officers of the Criminal Investigation Department working within his jurisdiction.

(4)               25.2 Power of investigating officers.--  (1)  The powers and privileges of a police officer making an investigation are details in sections 160 to 175, Criminal Procedure Code.

(5)               An  officer so making an investigation shall invariably issue an order in writing in Form 25.2(1) to any person summoned to attend such investigation and shall endorse on the copy of the order retained by the person so summoned the date and time of his arrival at, and the date and time of his departure from the place to which he is summoned.  The duplicate of the order shall be attached to the case diary.

(6)               No avoidable trouble shall be given to any person from whom enquiries are made and no person shall be unnecessarily detained.

(7)               It is the duty of an investigating officer to find out the truth of the matter under investigation.  His object shall be to discover the actual facts of the case and to arrest the real offender or offenders.  He shall not commit himself prematurely to any view of the facts for or against any person.

25.2       Action when offence occurring in another police station is reported- When the occurrence of a cognizable offence in another police station jurisdiction is reported, the fact shall be recorded, in the daily diary and information shall be sent to the officer in charge of the police station in the jurisdiction of which the offence was committed.  Meanwhile all possible lawful measures shall be taken to secure the arrest of offender and the detection of the offence.

25.3       Where offence appears to have occurred in other police station.--  (1)  If a police officer after registering a case and commencing in investigation discovers that the offence was committed in the jurisdiction of another police station he shall at once send information to the officer in charge of such police station.

(2)            Upon receipt of information such officer shall proceed without delay to the place where the

investigation is being held and undertake the investigation.

25.5.     Disputes as to jurisdiction—Should the officer who is thus summoned to the spot dispute the

jurisdiction both officers shall jointly carry on the investigation under the orders of the senior officer and neither shall leave until the question of jurisdiction has been settled and acknowledged. The  case recevid shall be kept at the police station where the information was first received until the question of jurisdiction has been decided.

25.6.     Relieving and relieved officers to sign case diaries—When a police officer is relieved in the

course of an investigation he shall record a report of all that he has done in case diary and sign, it giving the date and hour of his relief. Such case diary shall be made over to the relieving officer, who shall certify thereon that he acknowledges the case to have occurred within his station limits, or to be one which he is empowered to investigate as the case may be.

25.7.     Cancellation of a case in one police station and registration in another—When a case is

transferred from one police station to another, the offence registered in the original police station shall be cancelled by the Superintendent and a first information report shall be submitted from the police station in the jurisdiction of which the case occurred.

25.8.     Case which may be lawfully investigated in more local areas than one—(;) If the case is one

which the officer in charge of the police station may lawfully investigate, but which may also be lawfully and more successfully investigated in another police station , such officer while continuing his investigation, shall refer the matter to the Superintendent, who shall transfer the case or not as he sees fit.

(2).     If it is desired to transfer the case to police station in another district, the Superintendent shall refer the matter to District Magistrate and move him to act a  according to the orders contained in Chapter 26, VolumeIII, of the Rules and Orders of the High Court.

(3).     When an investigation has been transferred from one district to another police files with original first information report shall be forwarded to the Superintendent of district to which the transfer is made.

25.9.     Optional investigation-(1). Section 157(b), Criminal Procedure Code, gives wide powers to an

officer in charge of police station to refrain from investigation in unimportant cases. It is the duty, however, of every officer receiving a report to consider not only the intrinsic importance of the offence alleged and the expressed wishes of the complaint but the bearing which the report has or may have on the detection of other cases or on the prevention of crime and the control of criminals. Very many cases which appear trivial in the themselves may, if investigated furnish a clue to the operations of professional criminals or afford valuable material at a later date for preventive action. In practice is seldom advisable for an officer in charge of a police station to avail himself of the power to refuse investigations, which the law gives him.

(2).     When, at the time when a report of a cognizable offence is received, the investigating staff of the police station concerned is already occupied with more important cases, the investigation of which would suffer by being interrupted, such report shall be duly recorded and investigation may be dispensed with. Such action not be held to limit the discretion of the officer in charge of the police station to investigate the case at a later date, if he thinks it desirable to do so.

(3).     If the informant is present when the first  information report is recorded, he shall be informed forthwith that no investigation will  be made, and after nothing this fact in the first information report this signature or thumb-mark shall be taken on it. If the informant is not present, he shall be informed in writing by post card or by the delivery of a notice by hand, and the fact that this has been done shall be noticed in the first information report.

(4).     When investigation is dispensed with, a note shall be made in the first information report stating whether the complainant desires an investigation or not and full reasons shall be given for abstaining form investigation. All such cases shall be brought to the notice of the Superintendent  of Police personally, who shall pass such orders on them as he may think fit in accordance with the principle embodied in this rule.

25.10. Immediate despatch of  an officer to the spot.—When a report of a cognizable case is recorded

and  it is decided not to dispense with investigation under section 157(1). Criminal Procedure Code, a police officer shall proceed to the scene immediately. The officer who first proceeds to the spot shall, if he be not competent to complete the investigation, take all possible steps to preserve the scene of the crime from disturbance, to record particulars of and secure the presence of potential witnesses, obtain information relating to the case and arrest the culprit.

25.11. Investigation in non-cognizable cases—(1) No Police officer shall investigate a non-cognizable

offence unless ordered to do so by a competent magistrate under section s 196-B or 202, Criminal Procedure Code.

(2).     When an investigation in a non-cognizable case is thus ordered and is taken up by the police under section 155(3), Criminal Procedure Code, it must be carried through  in  the same manner as if the offence were cognizable, except that no arrest shall be made without a warrant. In every such case a police officer making an investigation shall day by day enter his proceedings in a case diary and submit them daily as prescribed for cognizable cases in Police Rules (25.53. Case diaries shall be submitted through the gazetted officer concerned to the court which has ordered investigation No Copies shall be prepared or kept by the police.

(3).     The High Court has ordered that only serious cases, and cases in which there are special reasons to do so , shall be referred to the police under section 202, Criminal Procedure Code ( Rule4, Chapter I-B of Rules and Orders of the High Court of Judicature at Lahore, Volume III-1931) Superintendents of Police shall decline is accept, itself and the instructions of the High Court referred to above have not been strictly complied with.

25.12. Orders in Writing—All orders in writing made in a case, i.e. order to arrest to search and to summon etc. shall be attached to the case diaries, or their absence shall be satisfactorily accounted for.

25.13. Plan Scene-(1) In all importantly cases two plans of the scene of the officer shall be prepared by a qualified police officer or other suitable agency one to be submitted with the charge sheet or final report and the other to be retained for departmental use.

(2)      The following rules shall govern the preparation of maps or plans by patwaris or other expert :-

(i)        Pursuant to paragraph 26 of the Patwari Rules, the Financial Commissioner, with the concurrence of the Inspector General of Police, issues the following instructions concerning the preparation by patwaris of maps needed to illustrate police inquiries.

(ii)       In ordinary cases no demands for such maps will be made upon patwaris.

(iii)      In the case of heinous crime, especially in cases of murder or riots connected with land disputes, the police officer investigating the case will if he considers an accurate map is required, summons to the scene of the crime the Patwari of the circle in which it occurred and cause him to prepare two maps, one for production in court as evidence and the other for the use of the police investigating agency. In the former reference relating to facts observed by the police officer should be interred while in the latter references based on the statement of witnesses which are not relevant in evidence may be recorded. He will be careful not to detain the patwaris longer than is necessary for the preparation of maps.

(iv)      It is necessary to define clearly the responsibility of the Patwari and police officer in respect of these maps.

(v)       The police officer will indicate to the Patwari the limits of the land of which he desires map, and the topographical items to be shown therein. The Patwari will then be responsible for drawing the maps correctly, by tracing, if necessary, the second copy, for making accurately on maps all these items and for entering on the maps true distances. He will not write on the map, intended for production as evidence in the court any explanations, The police officer may write any explanations on the traced copy of the map.

(vi)      It is for the police officer himself to add to the second copy of the map such remarks as may be necessary to explain the connection of the map with the case under inquiry. He is also responsible equally with the Patwaris for the correctness of all distances, but on the copy of the map drawn by the Patwari for presentation, in court he will make no remarks or explanations based on the statements of witnesses.

(vii)     It will be convenient if all the entries made by the Patwari are made in black ink, and those added by the police officer in red ink.

(viii)    Patwaris will not in any case be required by a police officer to make a map of an inhabited enclosure or of land inside a town or village site.

24.14   Technical assistance in investigation.—(1)Investigating officers are expected to take steps to secure expert technical assistance and advice, whenever such appears desirable in the course of an investigation for purposes of evidence or for demonstration in court.

(2)        The Criminal Investigation Department is able to obtain expert  technical assistance on many subjects and should be freely consulted in that connection by investigating officers through their Superintendents of Police. When such assistance is required a full report shall be sent to the Assistant Inspector General, Crime and Criminal Tribes, so that he may be in a position to decide whether it is essential to send an expert to the scene of the crime or whether the material to be dealt with should be sent to the expert. In making such reports use should be made of telegraphic and telephonic facilities.

(3)        The Criminal Investigation Department , in conjunction with the Finger Print Bureau, undertakes photographic and some other varieties of technical work. In addition it is in contact with technical expers on many subjects, whose services can frequently be obtained for work in connection with criminal investigation. In respect of the examination of hand writing , investigating officers can obtain the services of the Examination of Questioned Documents with the Government of India, through the Criminal Investigation Department . That department is also the channel for obtaining the services of the Inspector of Explosives for Northern India who, as well as advising on explosives generally , can give expert opinion as to whether a weapon has been recently fired, whether certain matter is gunpowder or not, and all questions generally savoring of chemical analysis.

25.15   Hand-writing.—(1)The above rules do not apply to references to the Finger Print Bureau and the Chemical Examiner to the Punjab Government, to whom, under the rules applicable, Superintendents of police are required to make references direct. The Criminal Investigation Department is, However , in direct contact with both these technical officers and investigating officers should enlist its co-operation when any specially intricate work is required of them.

(2)        Nothing in the preceding sub-rule shall debar a Superintendent of Police or investigating officer from availing himself of any expert technical assistance, which may be directly available to him, for the purpose of investigation. If expert evidence is to be given in court, however, it should be provided by Government experts only, when such experts exist.

(3)        The connection with the examination of arms and ammunition, arsenal officials should only be required report, and if absolutely essential, give evidence (I) on technical factory points, e.g., whether a weapon is in serviceable condition: whether a particular part of a weapon is factory or mistri made, and the like; (ii) on the type of ammunition intended to be used ( not can be used as experience shows that there is practically no limit in this respect ) in a particular weapon; and (iii) whether a cartridge has been reloaded, nature of load, and the like . Arsenal expert shall not be used for elaborate and definite sworn testimony as to whether a particular missile was or was not fired from a particular weapon. Should districts desire opinions of this nature they may apply to the Criminal Investigation Department for assistance but such references should be confined to cases of major importance only.,

25.16. Cases against Government servants. – When a Government servant is accused or is suspected of the commission of an offence in the course of his official duties his immediate departmental superior shall, as far as may be wise and practicable, be kept informed regarding the course of the police investigation.

25.17.  Supervision by gazetted officers. – (1) In all important cases gazetted officers are required personally to supervise the investigation so far as is possible and when necessary to visit the scene of the offence.

(2)        A record of investigations by gazetted officers shall be kept in the prescribed column of the register of cognizable offences and an abstract thereof shall be shown in the quarterly Inspection Statement and in the Annual Provincial Statement.

(3)        Every gazetted officer shall maintain a running note-book of offences, in which he shall enter the salient points of the first information report and case diaries as he hears them. The following are some of the points that should be entered in his note-book:-

First Information Report:- (a) Police station, village, section, date and time of offence;

(b)       Distance of village from police station and date and time of investigation opening;

(c)        Name and rank of investigating officer, who should always be the senior officer available. Reasons for junior officer taking up cases should be most carefully checked; and

(d)       Salient features of the case.

Case Diaries:- (a) Dates of case diaries;

(b)       By whom written and where; and

(c)        Salient features.

All unnecessary delays in the course of investigation, in chalaning successful cases or in submitting final reports in untraced cases should be carefully observed and stopped. Deputy Inspectors-General shall call for these note-books at their inspections and insist on their being intelligently used for the purpose of efficient supervision of investigations.

(4)        Gazetted officers shall interest themselves in the chalans of cases in their charge as they come in and discuss them with the prosecuting inspector, and if possible, with the officers who investigated them; and shall keep in touch with the proceedings in courts.

(5)        Every gazetted officer in headquarters should see daily the English register (27.36) of cognizable offences, with special reference to column 14 to 17 in regard to cases in his charge, and he should bring to the notice of the District Magistrate through the proper channel, any unnecessary delays that occur in dealing with cases in courts, instances in which witnesses come up with chalans and are sent back unheard, and delays in framing charges, hearing arguments or pronouncing judgments.

(6)        Gazetted officers should follow closely the progress of cases in their charge through the courts and they should ascertain, as soon as possible, the grounds for all discharges and acquittals. If the grounds for the discharges or acquittals appear to be unreasonable, they should at once being the cases prominently to the notice of the District Magistrate through the Superintendent of Police.

25.18. Statement recorded under section 161, Code of Criminal Procedure .—Statements recorded by an investigating officer under section 161, Code of Criminal Procedure shall not form part of the case diary prescribed by section 172, but shall be recorded separately and attached to the case diary, the necessary number of copies being made by the carbon copying process on case diary continuation sheets ( from 25.54(1) ).

The number of statements attached to a particular case diary. An investigating officer, after examining a person orally or recording a statement under section 161,Code of Criminal Procedure, shall make a brief note of the fact in his case diary.

25.18-A. Communications of official documents or information.—(1) It is a universally recognized and fundamental principle of police procedure that the identity of sources and agents from whom secret information is obtained shall be known only to the officer who employs them and that every precaution shall be taken to protect them from exposure. Except by direction of the Governor, a Police officer shall on no account disclose the identity of a source or agent to any officer or person outside the Force. Within the Force he shall disclose it only to or as ordered by the superior officers mentioned below. In the Criminal Investigation Department this superior officer is the Deputy Inspector General in thee case of the whole department and the superintendent of Police, Political and Assistant to the Inspector-General for Crime and Criminal Tribes as regards the Special and Crime Branches, respectively. In a district it is the Superintendent of Police or the gazetted officer immediately under whom the police officer employing an agent or source is working. When information obtained from an agent has be transmitted to other, the greatest care shall be exercised to avoid the exposure of such agent. The original report , or an exact copy of the original report, shall not be transmitted buy the substance or a paraphrase shall be sent.

(2)        All sources of police information are protected in judicial trials by sections 124 and 125 of the Indian Evidence Act which provide respectively that no public officer should be compelled to disclose communications made to him in official confidence and that no Magistrate or police officer shall be compelled to say whence he obtained any information as to the commission of any offence. Instructions regarding the production of police records as evidence are contained in Rule 27.24.

(3)        The Governor’s Rules to secure the protection of sources  of sources of information under section 58 of the Government of India Act, 1935 and the Inspector-General’s directions framed under those Rules will be found in Appendix 25.18-A.

25.19.  Medico-legal opinion.—(1)When a medical opinion is required in police cases, the persons to be examined shall be produced before the highest medical authority available on the medical staff of the district. Persons requiring examination at the head quarters of a district shall be taken to the Civil Hospital and not to a branch dispensary; similarly in  rural areas, where a hospital is accessible, medico-legal cases shall be sent there and not to a rural dispensary.

(2)        Medical officers of the Irrigation Department are prohibited from undertaking medico-legal work and officers in charge of district board dispensaries may only be called upon to do such work, for which they must be qualified in other respects, in cases of emergency . Medical officers may not be called upon to proceed to the scene of an occurrence to examine injured persons except in cases of real urgency and when it is impossible to convey the injured person to the nearest dispensary or hospital.

(3)        Police officers cannot legally compet injured persons to submit to medical examination, and such persons have a right to be examined privately at their own expense by medical practitioners. “Injury Statements” (form 25.39(1)), are intended solely for the use of the Civil surgeon of the district or any medical officer subordinate to him, on whm the police may call for a report. Such forms must not be given to injured persons for the purposes of examination at their private choice, nor must they be sent with injured persons to Government medical officers of another district.

All medical officers in charge of hospital and dispensaries are required to report to the nearest police station within 24 hours all cases of serious injury of poisoning admitted by them for treatment, whether such cases have been brought in by the police or not.

(4)        Medical officers of Government, or those employed by local biddies, are entitled to charge fees for medico-legal work performed in their private capacities for parties to cases, but no fees whatsoever are livable by Government Medical officers for work in cases in which the crown is the complainant, including the post marten examination, such work being part of their regular duties. The rules under which medical officers, other than those subordinate to the Civil Surgeon, may charge fees for medico-legal work on behalf of Government are given in the Punjab Medical Manual; in certain cases fees may also be charged by medical officers employed by district boards. In no case, however, are such fees debatable to the police department; any claim submitted to Superintendents should be passed on,  with the necessary information, to the District Magistrate.

(5)        Police officers should refrain from sending persons whose injuries are obviously slight for medico-legal examination , and should exercise their discretion in obtaining a medical opinion as to whether injuries received by complainants constitute a cognizable offence.

(6)        Medico-legal cases not requiring urgent attention should be sent for examination during hospital hours only.

(7)        The unnecessary summoning as witnesses of  medical subordinates, to the detriment of their proper activities, shall be avoided as far as possible, and, when the attendance of such an officer is necessary , as much notice as possible shall be given him. When the necessary evidence can be given by the investigating officer or by another medical witness stationed at the place where the case is being prosecuted a medical subordinate should not be summoned from a distance merely to give corroborative evidence.

25.20. Wounded complaints and witnesses.—(1) when a complaint or a witness of importance in an impotent case is seriously ill or is wounded, but does not appear to be dying, the police officer making the investigation shall prepare a charge sheet in accordance with rule 25.56 (1) if this has not already been done and shall either.

(a)               With such persons consent , send him or her, for medical treatment to the station of the magistrate having jurisdiction and invite such magistrate to take such persons deposition in the presence of the accused person or,

(b)               If such complaint or witness cannot be moved, or refuses to be sent, such officer shall apply for an order of detention in respect of the accused person if he is in custody and such order is necessary, and invite the magistarate having jurisdiction to record the deposition of such complaint or witness in the presence of the accused person at the place where the former is lying.

25-21.  Dying declaration…(1) A dying declaration shall, whenever possible, be recorded by a Magistrate.

(2)               The person making the declaration shall, id possible be examined by a medical officer with a view to ascertaining that he is sufficiently in possession of his reason to make a lucid statement.

(3)               If no magistrate can obtained, the obtained, the declaration shall, when a gazetted police officer is not present, be recorded in the presence of two or more reliable witnesses unconnected with the police department and with the parties concerned in the case.

(4)               If no such witnesses  can obtained, without risk of the injured person dying before his statement can be recorded, it shall be recorded in the presence of two or more police officers.

(5)               A dying declaration made to a police officer should, under section 162, Code Criminal Procedure, be signed by the person making it.

 

25-22.  Medical examination of women… No examination by a medical officer living women’s  person shall be made without her consent and without a written order from a magistrate, addressed to the medical officer, directing him to make such examination.

 

In all cases in which the police consider such an examination to be necessary, the woman shall be taken before a magistrate for order. This rule shall also apply to similar examinations by dhais or any other person.

 

                        The word “person” applies only to those parts of the body, to expose which would violate a woman’s modesty.

 

                        Female Assistant or Sub-Assistant Surgeons in Government service shall only be required to do medico-legal work on behalf of Government when the woman or girl concerned refuses to be examined by a male doctor. When a female doctor is summoned by a Court she must attend.

 

                        (Punjab Government endorsement No. 558-M-36/9932, dated the 25th March, 1936)

 

25-23.  Searches by police officer.—(1) The rules regarding searches by police officers are contained in section 165 and 166, Code of Criminal Procedure. Notices of search under section 165, Criminal Procedure Code, summons to persons to witness search under section 103(1), Criminal Procedure Code, and search lists under section 103(2), Criminal Procedure Code, shall be prepared in forms 25.23(1)(a)(b) and (c), respectively.

 

            (2)        An officer in charge  of a police station receiving a requisition to search, under Section 166 Code of Criminal Procedure or other law applicable, shall comply without unnecessary delay and shall take all necessary precautions to ensure a successful search.

 

                        A police officer making such requisition may attend personally and assist in such search or may send one or more of his subordinates for that purpose.

 

            (3)        Gazetted officers supervising investigations and inspecting officers shall take disciplinary action against investigating officers who carry out searches under section 165, Code of Criminal Procedure, without sufficient justification.

 

            25-24.  Records in custody of the post office.—The law regarding the production of documents or things in the custody of the Postal or Telegraph Department is contained in section 95, Code of Criminal Procedure.

 

            The instructions issued by the Director General of Post Offices (paragraph 152 of volume V of the Posts and Telegraphs Manual) regarding production of records in the custody of the post office are as follows:-

 

            Records of post office or mail office should be produced and information available in them should be given on the written order of any police officer who is making investigation under the Code of Criminal Procedure; but only those entries in the records should be disclosed which relate to the person or persons accused of the offence under investigations or which are relevant to that offence. In any other case the official in charge of the office should without delay refer for orders to the Postmaster General, who will decide whether or not under section 124 of the Indian Evidence Act, I of 1872, the information asked for should be withheld. When the information asked for by a police officer is not available in the records of the post office, the police officer should be informed accordingly, irrespective of the question whether the information, if available, might or might not be given under the foregoing rule.

 

            25-25.  Track Law.—Provisions of  law regarding tracking are contained in sections 41 and 42 of Act IV of 1872 (Punjab Laws Act).

                                               

            25-26.  Importance of foot-prints and track evidence.—(1) Footprints are of the first importance in the investigation of crime. For this reason all officers in charge of police stations shall instruct their subordinates as well as all lambardars and chaukidars that, when any crime occurs all footprints and other marks existing on the scene of the crime should be carefully preserved and a watch set to see that as few persons as possible are permitted to visit the scene of the crime.

 

            When it desired to produce evidence of the identity of tracks found at the scene of or in connection with a crime, the procedure for securing the record of such evidence shall be similar to that prescribed in rule 26.32 for the identification of suspects. The attendance of a Magistrate of the highest available status, shall be secured, but if no Magistrate is available and the case is of great urgency, independent and literate witnesses of reliable character like Sarpanches or Panches or Lambardars, shall be requested to conduct proceedings, but before they hold the parade, the rule regarding the holding of parades shall be explained to them. In the presence of the Magistrate or other person conducting the test and in conformity with any reasonable directions which they may give, ground shall be prepared for the tests. On this ground the suspect or suspects and not less than five other persons, for each suspect, shall be required to walk. The Magistrate or the person conducting the test shall record the names of all these person and the order in which they enter the test ground. The suspect shall, of course, be given option to take any place of his choice in the Parade and a  note to this effect shall be recorded in the Memo of proceedings which will also indicate whether he has availed of this option. While these preparations are proceeding the tracker of other witness who is to be asked to identify the tracks shall be prevented from approaching the place or seeing any foot-prints of the persons joining the test parade. When all preparations are complete, the tracker or the identifying witness shall be called up and required to examine both the original tracks whether lifted on the moulds or otherwise and those on the test ground and hereafter to make his statement. The Magistrate or the person conducting the test, shall record the statement of the tracker or the identifying witness as to the grounds of his claim to identify the tracks, and shall put such other questions as he may deem proper to test his bona-fides. Neither any Police Officer nor any person connected with the case shall be allowed to take any part in the conduct of the test. The person other than the Magistrate conducting the test may, however, associate with them one or more independent witnesses of reliable character.

 

            If the tracks of culprits found at the scene of crime are shodfooted, the Magistrate or the other person conducting the parade, shall be requested to take the shoes into possession, paste their signed paper slip on the shoes and seal them after the parade.

When admitting the accused or suspect whose track parade is to be held in Jail a request in writing shall be made to the Jail authorities to see that the accused or suspect does not change the shoes. At the time of arrest in such cases, the Police Officer making or ordering the arrest will take the shoes of the accused in possession, paste a chit signed by himself and witness on it and seal them. The parcel will be opened by the Magistrate or other person conducting the parade and resealed after the parade as above.

            If however, the tracker, for any reason such as inefficiency, careless confusion or adverse influence of the suspect, fails to correctly identify the tracks, the mater should not be left there. It is still open to the Investigator, if another more efficient and reliable tracker is not available, to get the moulds for foot-prints found at the scene of crime and those prepared and duly initialled by the Magistrate or other person holding the parade at the time of the track identification parade, compared by the Director, CID, Scientific Laboratory, Phillaur, and obtain his expert opinion as to whether the foot impressions in both the mounds tally.

            Tracks which it is desired to test by comparison as above, shall be protected immediately on discovery, and their nature, measurements and peculiarities shall be recorded at the time in the case diary of the investigating officer.

             The details of the preparation of the test ground and the actions required of the suspect and those with whom his tracks are mixed must vary according to the circumstances of the case. The person conducting the test shall so arrange that the identifying witness nay be given a fair chance, but under the strictest safeguards, of comparing the original tracks with other track, made on similar ground and in similar conditions.

            Before inviting person other than the Magistrate to conduct the proceeding, the Police Officer concerned will ensure that he is not interested in or against the suspect or accused.

(3)            The evidence of a tracker or other experts described in the foregoing rule can be substantiated by the preparation of moulds of other footprints of the criminal or criminals found at the scene of the crime. The method of making moulds of footprints by means of plaster of Paris or a composition of two parts of resin to one part of wax or parafin is taught to all students at the Police Training School but requires practice before an officer can become proficient. The only advantage in the first method (plaster of Paris) is the quickness with which the material sets. Resin and wax are cheap and can be used more than once.

In making mounds for production as evidence the following precautions should be observed:-

           

            (a)        The footprints found on the scene of the crime must be pointed out to realise witnesses at the time and these same witnesses must be present during the preparation of the mounds.

            (b)       The later must also  be signed or marked by the witnesses and the officer preparing them while still setting.

            (c)        After the procedure described in sub-rule (2) above has been completed a mould should be prepared in the presence of the magistrate or witnessed of one of the foot-prints of the suspect made in their presence. This mould should be signed by the magistrate or witnesses when still setting.

            (d)       Both mounds should be carefully preserved for production in court for identification by witnesses and comparison by the court.

Methods of recording footprints-(1) by tracing through glass footprints found on the ground or other surface, and (2) by taking impressions of feet direct on to paper, as in the case of finger impressions, are taught at the Police Training School. Such records at the scene of offence. They may also be used to check the reliability of local trackers.

25-27.  Confessions… The orders of the High Court by which magistrate are bound in respect of the record of statements or confessions are contained in Appendix No. 25-27. All supervising and investigating police officers must familiarise themselves with these instructions and conform strictly to them in producing accused persons for the record of their statements.

25-28.  Statements recorded by magistrate…(1) The circumstances under which police officers may require a statement to be recorded by a magistrate are as follows:-

 

(a)               The statements, made in the course of an investigation by a witness or an accused person, and not amounting to a confession, may be recorded by a magistrate under section 164 Code of Criminal Procedure, in order that it may be available as evidence at a later stage. Such statements may be recorded in any of the manners prescribed for recording evidence.

 

(b)               A confession may be recorded under section 164, Criminal Procedure Code, irrespective of the tender of a pardon, and of whether it involves more persons than the individual accused making it.

 

(c)                In the classes of offences specified in section 337, Criminal Procedure Code, a police officer may, at any stage of the investigation, inquiry or trial, move a magistrate empowered under that section to tender a pardon to an accused person.

 

(d)       In cases in which a pardon cannot be tendered under section 337 Criminal Procedure Code, but in which it is desirable to obtain the evidence of a suspect against his accomplices, a police officer may recommend to the District Magistrate that the local Government be moved to give a promise not to prosecute an offender, subject to his fulfilling whatever conditions might be imposed in giving such promise. Action of this nature can only be taken before the case has been sent for trial.

 

Note:- The original orders on which this paragraph is based are contained in Punjab Government Circular 2/117 of 27th April 1898 as qualified by circular No.426 of 30th September, 1906, and were reproduced as Appendix 25.41(3) of Punjab Police Rules, Edition 1915.

 

            (2)        If a professional offender is convicted and sentenced to imprisonment or transportation and it appears that he belongs to a gang of offenders and is willing to do everything in his power to bring the members of such gang to justice, or to give valuable information leading to the discovery of stolen property, the Superintendent may apply to the State Government for suspension or remission of the sentence of such prisoner under section 401, Criminal Procedure Code. Such application shall be made through the District Magistrate.

25.29.  Confessing accused and approvers—(1)  The Criminal Procedure Code supplemented by the High Court instructions quoted in Appendix 25.27 prescribe a number of precautions which are intended to give to a court conducting a trial the maximum assurance that a confessing accused has not been subjected to such pressure or inducements as to invalidate this evidence under section 24, Indian Evidence Act. All police officers, who exercise any authority in connection with investigations, are required to have a through understanding of these provisions. The departmental instructions here give merely supplement and in no sense replace them.

 

            (2) The main requirements, in so far as the police are concerned, are :-

(a)               No police officer may offer a pardon. An accused person desirous of making a statement with a view to obtaining a pardon, shall be told that no promise whatsoever can be made, but that, if a statement is made and verified and found to be of sufficient importance to merit such action, the facts will be reported to a magistrate, who has power to offer a pardon. No steps may be taken in this connection by subordinate police officers without the previous sanction in writing of a gazetted police officer.

 

(b)               Statements, whether under section 164 or 337, Criminal Procedure Code, shall be recorded by the magistrate, other than the District Magistrate, having the highest powers, who can be reached within reasonable time. Save for special reasons, which must be explained by the investigation officer, such statements shall never be recorded by 2nd class magistrate unless they have been specially empowered to record such statements.

(c)                The magistrate is required to make enquiries as to the circumstances leading up to the confession; and police officers shall invariably furnish, so far as is in their power, information required of them in this respect.

 

(d)              Police officers connected with the investigation shall not be present while the confession is being recorded.

 

(e)               Magistrates are required to give orders, when remanding to custody persons who have made a confession, that they shall be kept separate from other prisoners.

 

(f)                 Approvers shall remain under arrest until the conslusion of the trial.

 

(g)               When more than one person confesses or turns approver in a case, their confessions shall, if possible, be recorded by different magistrates and they shall not be allowed to meet one another till their evidence has been recorded in court.

 

(h)               Magistrates shall be moved to record statements of confessing persons in full detail; in political cases and those in which professional criminals whose activities extend over a large field are suspected, copies (in English) of approvers’ statements and confessions shall be sent to the Deputy Inspector General, Criminal Investigation Department.

 

(3) It must be remembered that the prosecution of a gang case, even without an approver, in a section 3C magistrate’s court, is a very lengthy and difficult task owing to the large number of witnesses and the numerous linked individual cases. If, however, the prosecution relies upon an approver, the length and difficulty of the task is at least doubled as, in accordance with section 337(2-A), Code of Criminal Procedure, the case has to be committed to the Sessions or High Court. Therefore, before the launching a gang case under section 400 or 401, Indian Penal Code, with an approver, the District Magistrate and Superintendent of Police should first satisfy themselves that is not possible to secure satisfactory results by proceeding in individual cases without resort to section 400 and 401, Indian Penal Code. If, however, it should still appear expedient to conduct a gang case, they should ascertain whether the district resources are equal to the strain of both committal proceedings and trial in the Sessions or High Court without outside assistance. If the district resources appear to be inadequate, the case should then be referred through the Deputy Inspector General of the range to the Deputy Inspector General of Police, Criminal Investigation Department, for decision whether the case should or should not be undertaken.

 

      25-30   Place of trial – With regard to the place of trial of cases falling under sections 179-183, Code of Criminal Procedure, police officers shall act solely with reference to the public convenience.

 

      Ordinarily such cases shall be sent up for trial in the district in which the witnesses can attend with the least inconvenience to themselves.

 

      25-31   Inquests – (1) An officer in charge of police station shall, upon in receipt of information of the sudden or unnatural death of any person, when the body of such person is within the local jurisdiction of his police station, immediately send information to the nearest magistrate authorized to hold inquests and shall proceed to the place where the body is and hold an investigation in the manner prescribed by section 174, Code of Criminal Procedure. When the Sub-Inspector in charge of the Police Station through illness or absence from the station house, is himself unable to carry out the investigation, he shall at the first convenient opportunity proceed to the place where the body of the deceased person was found, and shall personally verify the results of the investigation.

 

      (2) In cases where the body is not found, or has been buried, there can be no investigation under section 174, Code of Criminal Procedure.

 

      In such cases, if there are reasonable grounds for suspicion that a cognizable offence has been committed, the police shall register a case and commences investigation:

 

      Provided that the following cases shall be exceptions to this rule :-

(a)               When the death of any person is caused  by injuries unlawfully inflicted by a soldier or camp follower, or occurs within the limits of a military cantonment, the inquest shall be conducted by the Cantonment Magistrate, under section 176, Code of Criminal Procedure, or by the nearest competent magistrate if the post of Cantonment Magistrate is held by an officer not specially empowered to hold inquests or if the scene of death is outside cantonment limits.

If the magistrate invited to hold the inquest fails to do so, the Superintendent or other gazetted officer shall make an investigation under the combined provisions of sections 174 and 551, Code of Criminal Procedure, and if no gazetted officer is available such investigation shall be made by the office rin charge of the police station concerned.

Such inquest or investigation under the Code of Criminal Procedure shall be held in addition to any military court of inquest which may be held.

(b)               In the case of the sudden or unnatural death of a European soldier, non-commissioned officer, or officer the inquest shall be held under section 176, Code of Criminal Procedure, by the nearest magistrate duly authorized to hold inquests.

(c)                In the case of a death by violence occurring within the walls of a military prison or civil jail the police shall not make an investigation into the cause of death when an inquest has been held by a competent magistrate.

(d)              Upon receipt of information of a sudden or unnatural death within the walls of a prison the officer in charge of the police station concerned shall send intimation to the senior magistrate present headquarters and shall proceed to the prison and place a guard over the body and shall allow neither the body nor anything which may have caused the death of the deceased to be moved until the arrival of a magistrate.

 

25-32      Investigations under section 174, Code of Criminal Procedure – The

respectable inhabitants who are required section 174, Code of Criminal Procedure, to take part in any investigation into a sudden or unnatural death shall be selected with reference to any special attainments they may possess which are likely to be of use in such investigation.

 

25-33.        Investigating officer – action of at scene of death. – On arrival at the place where the body of a deceased person is lying, the police officer making the investigation shall act as follows :-

 

(1)               He shall prevent the destruction of evidence as to the cause of death.

(2)               He shall prevent crowding round the body and the obliteration of footsteps.

(3)               He shall prevent unnecessary access to the body until the investigation is concluded.

(4)               He shall cover up footprints with suitable vessels so long as may be necessary.

(5)               He shall draw a correct plan of the scene of death including all features necessary to a right understanding of the case.

(6)               If no surgeon or other officer arrives, he shall, together with the other persons conducting the investigation, carefully examine the body and note all abnormal appearance.

(7)               He shall remove, mark with a seal, and seal up all clothing not adhering to, or required as a covering for, the body, all ornaments anything which may have caused or been concerned in the death of the deceased and shall make an inventory thereof.

 

In the inventory shall be described the position in which each thing was found and any blood-stain, mark, rent, injury or other noticeable fact in connection with such thing. The number and dimension of such stains, marks, rents, injuries, etc., shall also be given in the inventory.

 

A counterpart of the mark and seal attached to such thing or to the parcel in which it has been enclosed shall be entered in, or attached to the inventory.

 

(8)               He shall take the finger prints of the deceased person if the body is unidentified.

(9)               The photographing of the body in situ and of the scene of the occurrence may prove of great evidential value.

 

 

25-34.  Disinterment of bodies. – The following rules relate to the disinterment of bodies :-

 

(1)               An officer in charge of a police station and any superior police officer lawfully making an investigation into the unnatural or sudden death of any person shall, on learning that the body of the deceased person has been formally buries, record in writing the information which has reached him and the grounds on which he considers it necessary that the body should be disinterred.

(2)               He shall forward the information so recorded to the nearest magistrate empowered to hold inquests and ask for an order under section 176(2), Code of Criminal Procedure, and in the meantime shall guard he grave.

(3)               On receipt of such order, if the magistrate himself does not attend the disinterment, such police officer shall, in the presence of two or more respectable inhabitants of the neighbourhood, cause the body to be disinterred. Such police officer shall then comply with the provisions of section 174, Code of Criminal Procedure.

(4)               Police officers shall invariably examine witnesses to prove the identity of disinterred bodies before commencing their investigation.

(5)               When a body has lain in the grave for a period exceeding three weeks no disinterment shall be made by any police officer until the opinion of the Civil Surgeon has been obtained, and then only with the concurrence of the District Magistrate.

 

 

25-35.        The Inquest Report. – (1) When the investigation has been completed the investigating officer shall draw up a report, in duplicate by the carbon copying process, in Form 25-35(1) A,B, or C, according as the deceased appears to have died:-

 

      A from natural causes.

      B by violence.

      C by poisoning.

(2)               Such report shall state the apparent cause of death, give a description of any mark or marks of violence which may be found on the body and describe the manner in which and the weapon or instrument with which such marks appear to have been inflicted.

 

(3)               The report shall be signed by the police officer conducting the investigation and by so many of the persons assisting in the investigation as concur therein and shall be forwarded without delay through the Superintendent to the District Magistrate or, it the District Magistrate has so directed, to the Sub-Divisional Magistrate.

 

(4)               The following documents shall form part of such report :-

 

(a)               The plane of the scene of death.

(b)               The inventory of clothing, etc.

(c)                A list of the articles on and with the body, if the body is sent for medical examination.

(d)              A list of articles sent for medical examination, if any.

 

(5)               In cases of death by hanging, the report shall give particulars as to the height and sufficiency of the support and the nature of the thing used to bear the weight of the body.

 

In drowning cases the depth of the water shall be stated.

 

(6)               The carbon copy of such report shall be filed in the police station register No. VI.

(7)               A copy of all reports relating to deaths caused by railway accidents shall, when made by a police officer other than a railway police officer, be forwarded to the Assistant Inspector-General, Government Railway Police.

 

25-36.        Post-mortem examination – when and by whom held. – (1) The legal requirements in respect of post-mortem examination by a qualified surgeon are contained in section 17(3), Code of Criminal Procedure. In every case where death appears to have been due to suicidal, homicidal, accidental or suspicious causes and where any doubt exists as to the exact cause of death, or if it appears to the officer conducting the investigation – whether under section 157 or section 174, Code of Criminal procedure – expedient to do so, the body shall be sent to the nearest medical officer authorized by the Local Government to conduct post-mortem examination. The sending of bodies of examination may only be dispensed with, where such action is otherwise required when conditions exist, such as advanced putrefaction, which would clearly make examination useless.

 

(2)               An investigating officer is empowered by law with the discretion to dispense with a surgical examination of the body – (a) if he is fully satisfied that the cause of death is established beyond doubt, (b) in the circumstances described at the end of the preceding sub-rule. In regard to the former condition, it must be remembered that the existence of an apparently fatal wound does not necessarily establish the cause of death. In cases where investigation establishes the accidental nature of the event which led to the death and the history of the deceased and of the, case suggests no reason to suspect that expert examination of the body will reveal any cause of death other than the apparent one, such examination may be dispensed with. In all cases where suspicion exists that the death was due either to suicide or to an act rendering the perpetrator thereof liable to a criminal charge the body must be examined by a qualified medical officer, if possible.

 

(3)               The law requires that the body shall be sent to the nearest qualified medical officer, and the orders of the Local Government prohibit the summoning of such officer to conduct his examination at or near the scene of the death save in exceptional cases. These may occur, where, owing to advanced putrefaction or the circumstances in which the corpse was found, movement of the corpse may make it impossible for the medical officer to form a correct opinion as to the nature of the injuries or the exact cause of death. In such cases if the investigating officer considers expert postmortem  expeditious means available to the Superintendent of Police or gazetted officer in charge of the case, with a request that a qualified officer shall be sent to the absence of District Magistrate from headquarters to give orders for the medical examination of the body at the scene of death.

 

(4)               In cases where it is impossible either to send a body to a qualified medical officer or to have it examined by such officer on the spot, the investigating officer may, at his discretion, request the nearest Government medical officer, even though such officer be not authorized to conduct post mortem examination, to assist him with his anatomical and other expert knowledge in estimating the effects and causes of injuries, etc. Such medical officers are not empowered to perform any operation on the body. Medical officers of the Irrigation and Public Health Departments and of local bodies cannot be called upon in this connection unless they have been specially authorized by the Local Government to undertake the medico-legal work (vide rule 25.19).

 

25-37.        Post-mortem examinations – action to be taken by police. – When corpses are sent for medical examination the following rules shall be observed:-

 

(1)               The result of the investigating officer’s examination of the body shall be carefully recorded in form 25-39(1). Clothing found on the body, foreign matter adhering to it and any instrument likely to have caused death remaining in a wound or on the body shall be secured in the position in which found, if possible, or, otherwise, shall be carefully packed separately, according to the instructions contained in rule 25-41.

 

(2)               To counteract decomposition as far as possible the body shall be sprinkled with Formalin diluted to 10 per cent and shall also be so used with strong solution of chloride of lime in water. Bodies which have to be carried long distances should be sprinkled with the dry powder of chloride of lime or with carbolic powder sold commercially in tin boxes with a perforated lid specially constructed for sprinkling purposes. The use of powdered charcoal is prohibited, as the stains caused thereby may complicate the task of post-mortem examination.

 

(3)               The body shall be placed on a charpoy or other light litter and protected from the sun, flies and exposure to the weather. The litter shall be transported to the place appointed for the holding of post-mortem examinations by such means as the investigating officer may consider most expedient in the circumstances of weather, distance to be covered and conditions of the body. If necessary and expedient conveyance, including a motor vehicle, may be hired to carry the corpse and those who are required to accompany it as escort or witnesses.

 

(4)               All police officers along the route are required to give immediate assistance to expedite the transportation of dead bodies for medical examination.

 

(5)               Two police officers who have seen the dead body in the position in which it was first found, and are competent to detect any attempt at substitution or tampering with the body or its coverings, shall accompany the body to the mortuary, and remain in charge of it until examination is complete. If necessary an additional guard shall be supplied by the Lines Officer to place s sentry on the mortuary, but the officers who have accompanied the body from the sport shall hand it over personally to the medical officer conducting the post-mortem examination together with all reports and articles sent by the investigating officer to assist the examination and shall receive and convey to the investigating officer the post-mortem report.

 

(6)               As soon as the Civil Surgeon has intimated that his examination is complete, the police shall, unless they have received orders from a competent authority to the contrary, make over the body to the deceased’s relatives or friends or, if there are no relatives or friends, or they decline to receive it, the police shall cause the body to be buried or burnt according to the rules framed in this behalf by the District Magistrate.

 

25-38.        Unidentified bodies. – If a body is unidentified, the officer making the investigation shall record a careful description of it, giving all marks, peculiarities, deformities and distinctive features, shall take the finger impressions and, in addition to taking all other reasonable steps to secure identification shall, if possible, have it photographed, and, in cases where such action appears desirable, a description published in the Criminal intelligence Gazette.

 

Unidentified corpses should be handed over to any charitable society which is willing to accept them, and if no such society comes forward, they should then be buried or burnt.

25.39.        Form to accompany body or Injured person.—(1)  When an injured person or a body is sent to a medical officer, Form 25.39  shall, in addition to any other report prescribed, be prepared by the carbon copying process and given to the police officer, in duplicate, who accompanies the injured person or goes in charge of the body. The form shall be prepared in English, if possible.

25.40.        Articles for medical examination – how sent.—(1)  Articles sent for medical examination, together with a body or injured person, shall be sent under the charge of the escort which accompanies such body or person.

(2)  When no body or injured person is sent, such articles shall be sent in the charge of an escort which shall take them to Civil Surgeon without relief.

25.41.        Chemical Examination-Channel of communication with. –(1)  Superintendents of Police are authorised to correspond with and submit articles for analysis to  the  Chemical Examiner direct in all cases other than human poisoning cases. Any references in relation to human poisoning cases shall be made through the Civil Surgeon.

(2)  Articles for chemical examination. With regard to the packing of articles sent for chemical examination, the following rules shall be observed:-

(i)        Liquids, voit, excrement and the like, shall be placed in clean wide-mouthed  bottles or glazed jars, the stoppers or corks of which shall be tied down with bladder, leather or cloth, the knots of the cord being sealed with the seal of the police officer making the investigation.

            Such bottles or jars shall be tested, by reversing them for a few minutes to see whether they leak or not.

(ii)              Supposed medicines or poisons, being dry substances, shall be similarly tied down in jars or made up into sealed parcels.

(iii)            All exhibits suspected to contain stains should be thoroughly dry before being packed and despatched for examination. The safest way of drying exhibits is to expose them to the sun. In cases of exhibits that become brittle on drying, they should be carefully packed in-cotton wool and then in a wooden box.

(iv)            Blood-stained weapons, articles or cloth, shall be marked with a seal and made up into sealed parcels. The entire article shall be sent.

(v)               Sharp-edged and pointed exhibits like swords, spears, etc should be packed in boxes and not bound up into cloth packages. In their transit through the post they are liable to cut through the packing material and the exhibit is exposed.

(vi)            On each bottle, jar and parcel and also on each article or set of articles contained therein, the separate identification of which has to be proved, shall be affixed a label describing the contents, giving full particulars and stating where each article was found.

On such label shall be impressed a counterpart of the seal used to secure the fastening of the bottle, jar or parcel. A copy of each label, and a counterpart impression of the seal shall be given in the inquest report, and in the case of cattle poisoning, in the case diary.

(vii)          As far as possible no letters should be glued on to exhibits as they interfere with analysis.

(viii)       exhibits such as clods of earth should be packed carefully in wool and    placed in a wooden box.

Notes.-(1)  Cases in which death is clearly due to natural causes should not be referred to the Chemical Examiner. Medical Officers must accept the responsibility of deciding such cases.

(2)               In no case should the Medical Officer attempt apply tests for himself. Any such procedure is liable to vitate the subsequent investigation of the case in the laboratory of the Chemical Examiner.

(3)                Exhibits in connection with cases of murder by hurt or violence may be sent direct to the Chemical Examiner. This saves time and relieves the office of the Civil Surgeon of the district of unnecessary correspondence.

(4)               Endeavour to send all the exhibits in a case of murder by hurt or violence under one covering letter thereby reducing the cost of examination, etc.

(5)               Nail clippings are poor exhibits to send for the detection of blood in murder cases. No court of law could be expected to attach much weight to the finding of buman blood on the nails of the accused.

(6)               Stomach tubes in hospitals are frequently kept in a solution of mercury. They should be carefully washed with water before use. Traces of mercury found along with another poison in stomach contents might produce such complications as would handicap the successful prosecution of a case.

(7)               Carbon copies of reports are sometimes very difficult to read and should be prepared clearly.

(8)               Articles of which return is required for production in court or otherwise should be distinctly specified in the forwarding letter sent with articles for chemical examination.

(3) Any document purporting to be a report from the Chemical Examiner or his assistants is admissible as evidence under section 510, Code of Criminal Procedure. No summons can be issued to the officers of this department in their official capacity without the permission of the Hon’ble Judges of the High Court. Any question or explanation on a certain report should be done by letter or by a personal interview.

(4)  Attention is also directed to the further directions for, and precaution to be taken in forwarding articles to the Chemical Examiner for eamination report and the rules for preserving and packing exhibits contained in Appendix 25.41(4) .

25.42.        Explosives.—(1)  Substances for or objects suspected of being explosive shall be sent for examination to the Inspector of Explosives, Northern India Circle, whose address is care of the Chemical Examiner, Punjab, Lahore (telephone number-Lahore 2248).

(2)               Instruction for dealing with substances or objects suspected of being explosive are published in Appendix 25.42(2).

25.43.        Procedure in poisoning cases.—(1)  A police officer making an investigation in a case in which position has been administered shall record in his report all information likely to be of value in assisting the Civil Surgeon or the Chemical Examiner to form an opinion as to the precise posions employed.

(2)  when treatment has been adopted before the death of the individual, the duration and nature of such treatment shall be communicated to the Civil Surgeon for the information of the Chemical Examiner.

(3)  If the body of the deceased persons has been burnt, the ashes of the funeral pyre shall be collected and sent in a closed vessel to the Civil Surgeon, accompanied by a statement of the circumstances which rendered this course of actions advisable.

(4)  The ordinary symptoms caused by common poisons are described in Appendix 25.43(4).

25.44.        Procedure in cases of poisoning of animals.—When in the investigation of a cognizable offence relating to the unlawful killing of an animal, it is necessary to obtain a professional opinion as to the cause of the death of such animal-

(i)                 If the animal appears to have been poisoned in the ordinary way and there are no signs of puncture on the carcase the mouth shall be examined and anything abnormal found in it secured and placed in a clean glazed jar or bottle.

(ii)              The carcase shall be opened and the stomach removed. The stomach shall be cut open, and its appearance observe, as to whether it is congested or not.

A piece of the stomach, the most congested part, about a pound in weight, the reticulum, and a portion of the liver, about two pounds in weight, shall be cut off and placed in a clean glazed jar or bottle.

Rectified spirit shall be poured into the bottle in sufficient quantity to cover the contents completely in whatever position the vessel may be held.

The quantity of spirits shall be at least one-third of the bulk of the object in the bottle

(iii)            Water shall be gently poured over the remaining portion of the stomach, and any arsenic or any white or yellow particles found shall be carefully collected. The posions particles, or pebbles, so collected or otherwise found, shall be enclosed in a seal parcel.

(iv)            If the animal appear to have poisoned by means of needles, carcase shall be flayed and the flesh near the puncture exanimate.

If the flesh appears inflamed, a portion  near the puncture shall be cut off and secured in the manner prescribed in sub-section(2).

And needle found shall likewise be secured.

(v)               if the animal has been poisoned by funs of arsenic, etc. portion of the lining membrane of the nostrils windpipe and in addition , the animal’s lungs shall be secured.

(vi)            Jar or bottles shall be carefully corked or stupider and the crocks or stoppers tied down with bladder, leather, or cloth.

The knots of the cord shall be sealed with the sealed the police officer making the investigation.

(vii)          On each bottle, jar or parcel shall be affixed a label describing the contents and giving full particulars and on su9ch label shall be impressed a counterpart of the seal used to secure the fastening of the bottle, jar or parcel.

A copy of each label and counterpart impression of the seal shall be given in the case diary accompanying the despatch.

(viii)       The jar, bottles and parcels and any supposed poison found shall be despatched to the Superintendent of Police for transmission to the Chemical Examiner with the information required by form 25.44(iii).

25.45.    Matter how forwarded to chemical examiner—(1) If the Superintendent of Police consider that there are prima facie grounds for believing that the animal was poised, the bottles, jar or parcels shall be enclosed in a soldered in tin case with an outer wooden cover and despatched, carriage paid, to the Chemical Examiner. If box is to be sent by post, or as prepaid freight by rail, the additional presentations described in Appendix 25.41(4). Shall be taken. A labels bearing a reference to the number and date of the letter intimating despatch shall be placed inside the box. Such letter shall contain an inventory of the jars, bottles and parcels despatched with counterparts of their labels and seals. A thin layer of cotton wood shall be placed on each side of the seal impression to prevent its being braking the post.

(2).       An English translation of the material parts of the case diary relating to the poisoning of the animal shall be forwarded with the letter intimating the despatch of the box.

(3).       The owner of the care as of a poisoned animal shall be encouraged to destroy it by 0cutting up the hide in small pieces, breaking up the horns and bones and burying the whole at a considerable depth. Cattle are sometimes poisoned by hide dealers with a view to obtain their hides at a cheap rate. The destruction of the hide removes this motive.

(4).       Bills for all costs incurred in the transmission of substance for medical examination whether connected with the death of human beings or of  animal shall be paid from the budget head “ Carriage of corpses and transmission of substances for medical examination contacted with the death of human beings or of animals under 29” Police –Other Contingencies.

25.46.    Imperial Serologist Calcutta –articles sent to.—The following rules

regulate the circumstances under which articles suspected to bear human blood-stains shall be sent to the Imperial Serologist, Calcutta through the Chemical Examiner:-

(a)               In case in which the evidence of the blood-stained articles is, relatively to the whole body of the evidence, of small importance, the articles shall be sent direct  to the Chemical Examiner, Lahore, for Examination .

(b)               In case in which the establishment of the fact that blood-stains are human blood as distinct form the general classification of Mammalian” is material to the prosecution and has  a really important bring on the case the blood-stained articles shall be sent direct to the Chemical Examiner, who will determine which of such articles he will forward to the Imperils Serologist with the necessary sketches, etc. in sending articles for serological test, the Superintendent of Police shall specifically ask for examination to determine the sources of the blood. The Imperial Serologist will, after examinations the articles sent him by the Chemical Examiner, return them with a copy of his report direct to the Superintendent of Police concerned.

(c)                When blood-stained clothing is concerned, the stained portion only shall be cut out by the Chemical Examiner and sent. In the case of weapons and other solid articles the entire article may have to be sent.

(d)              All articles shall be accompanied by a complete medico-legal history of case.

(e)               No article shall be sent direct  to the Chemical Examiner except under the express order of the Superintendent.

25.47.        Report of medical officer—(1).      The medical officer having completed his examination of the person , body, or article shall record in full the result arrived at and in the case of a post mortem examination, is opinion as to the cause of death. He shall also record a list of any articles which he may intend to send to the Chemical Examiner. The report shall be written on the back of, or attached to form 25.39(1) and shall contain such reference to the person or object examined as will leave no possible doubt as to which case the remarks apply.

(2). The report shall be placed with the police file of the case and may be used by the medical officer to refresh his memory when giving evidence.

25.58.        Maintenance and disposal of stolen cattle during investigation and trail.—(1)        In case in which cattle or other animals alleged to be stolen  are exhibits, the investigating officer shall , if the court of the magistrate having jurisdiction is so distant form the place where the cattle or other animals are kept that evidence of identification is likely to be prejudiced or the cattle are likely to suffer in condition by being driven to and fro, send information to the prosecuting branch that the case is ready for trail, and request that it may be heard at or near the place where the cattle have been seized or found. On receipt of such report the head of the prosecuting branch shall, subject to the orders of the Superintendent of Police, represent the facts to the District Magistrate and move him to arrange for the case to be tried on the spot.

(2). When a chalans is acutely laid before a magistrate the stolen cattle should properly be in the custody of the police, but as soon as the identification evidence has been completed, the police prosecuting agency should at once approach the magistrate under section 516-A of the Criminal Procedure Code with a request that the cattle may be made over ot an independent surety or to the complainant on security pending the conclusion of the case.

(3). With the object of mitigating the injury and inconvenience caused to owners of stolen cattle during the investigation and trial of cattle-theft cases, the prosecuting branch shall move courts trying such cases to award punishment of in as well as imprisonment and direct such fine to be paid to the owner of the cattle concerned in the case in proportion of the loss or injury  he may have suffered by reason of his association with the investigation and trial as provided by section 545(1)  (b) and (c) of the Code of Criminal Procedure.

(4). Complainants  in cattle0theift cases or sureties to whom cattle  have been made over for safe custody and production as and when required during the investigation and trial are entitled to receive the cost of  maintain such cattle. Expanses incurred under this rule during the investigation  of a case shall be paid from the persons ( Supplies and Services) and claims shall be made by officers in charge of police station form 25.48(4). Payment may be made direct to the person entitled to receive it from the permanent advance allotments of police stations, if the Superintendent of Police by general order so direct. Otherwise the sum claimed  shall be drawn by contingent bill as expeditiously as possible and sent to the police station concerned for disbursement. Expenses of maintances during the tendency of the case in court shall be paid form judicial funds, and the prosecuting branch shall be paid form judicial funds, and the prosecuting branch shall be responsible for recovering amounts due on this accounts together with and in the same manner as diet and journey money.

(5). The rates authorized for payment under sub-0rule(4) above will be notified by the District Board in each district form time to time.

25.49.    Property not required  to be returned.—On the conclusion of an

investigation the investigating officer shall make over to the proper persons all property which he may have taken in to his charge in the course of the investigation and which is not further required in connection with case. A receipt for property to made over shall be taken on the inquest report.

25.50.    Seizure of property in extradition cases.— In any proceedings against

any person under the Extradition Act XV of 1903) of any treaty for the extradition offenders, property in the possession of such person or of other persons, and required in connection with the case, may be seized and disposed of under the provision of the Code of Criminal Procedure relating to the Seizure and disposal of property required in case occurring in British India ( Government of India Notification No. 362-1 of 22nd July, 1925).

      25.51.  Recognizance form witnesses—(1).          If the fact disclosed by the investigation indicate the commission of a cognizable offence and the person who appears to be guilty of such offence is arrested, the investigating officer shall, when he has completed the investigation, take revognizances form the witnesses as provided by law.

(2)               The charge-sheet and its preparation and submission are dealt with in Chapter XXVII. To facilitate compliance with rule 27.1 (4) investigating officers shall, when possible, intimate to the prosecuting inspector some days in advance the date when the chalans and witnesses will reach headquarters.

25.51.    Dissemination of “intelligence and hue and cry notices—(1). Every

officer proceeding on an investigation shall have with him a supply of blank hue and cry notices (form 23.18) and shall utilize them as directed in rule 23.18.

(2).       Nothing in this rule, or in rule 23.18 shall affect the taking of prompt

action under section 87 and 88, code of Criminal Procedure, as required by rule.

23.53.  Case Diaries—(1).    Section 172 (I), code of Criminal Procedure.

(2).       Case diaries shall be as brief as possible; shall not be swollen with lengthy

explanation and theories, and shall be written either in English or in simple Urdu.

Only such incident of the investigation shall be included as have a bearing on the

case.

(3).       Detailed lists of stolen property, or property seized in the course of a

search shall be entered in the first case diary submitted after the fact relating to such property were reported, to, or discovered by, the investigating officer.

(4). The fact that Copies of the record  prepared under the provision of section 165 or 166, Code of Criminal  Procedure, have been sent to the nearest magistrate empowered to take cognizance of the offence shall also be noted.

25.54.    Record of case diaries—(1). Case diaries shall ordinarily be submitted in

Form 25.54 (1). And each sheet shall be numbered and stamped with the station  stamp. Two or more copies, as may be ordered shall be made by the carbon copying process by the officer conduction the investigation. The officer writing a case diary shall enter  in such diary a list of the statement, records under section 161, Criminal Procedure Code, which are attached to such diary and the number of pages of which each such statement consist.

       (2).      They shall be sent form the seen of investigation to the police station without delay.

      (3).       On arrival at the police station the number and date of each case diary shall be recorded on the reverse of the police station copy of the first information report, and the date and hour of receipt shall be entered on each copy of diary.

(4). The original shall be despatched with as little delay as possible to the inspector or other superior officer as may be ordered, after the time of despatch has been entered in the space provided in the form on both the original and the copy or copies.Orders for the disposal and recovered of case diaries in the head quarters office are contained in rule11.70. Also see rule271.38.

(5). A copy of every case diary shall be retained at the police station , a separate file being maintained for each case. Such files shall be destroyed in accordance with the periods fixed in sub-rule 27.39.(5).

(6). Copies of all orders received at a police station in connection with case diaries and the replies there to shall be made on blank sheets of paper and shall be attached ot the case diary to which they refer.

25.55.    Files of case diaries—(1). When a case is sent for trial the police station

files of case diaries shall be forwarded with the chalans to the magistrate, and on completion of the trial shall be returned to the police station for record.

(2).       Such files when received back at the police station also files of other cases in which the 0final report has been submitted, shall be filed at the police station in an annual bundle A in accordance with the serial number of their first information reports.

      (3).       Copies of case diaries in pending cases shall be kept in files at the police station in a separate bundle B in accordance with the number of their first information reports.

(4). A list shall be kept in each bundle A and B of  all the files contained therein merely quoting the numbers of their first information reports,. Should it be necessary to remove a file from the bundle the fact will be noted in the list.

25.56.    Procedure when the investigation cannot be completed in 24 hours.—

(1) When an investigating officer requires authority to detain an accused person in police custody beyond the limits prescribed in section 61 of the Code of Criminal Procedure, 1998, he shall make an application therefor in accordance with the provisions of setion167, of the said code in Form 25.56 (1) to which he shall attach the case diaries or copies there of.

      The Magistrate will record his order on the above application which will not be returned to the police, but will form part of the Magisterial proceedings. The magistrate shall sign and date every page of the case diaries or copies there of an token of having seen them. Application for remained shall be prepared in duplicate by the carbon coping prices and a copy of the Magistrate’s order will be made by the Police Officer on the carbon copy of the application, which will then be attached to case is finally sent for trial. Case diaries will be attached to the charge-sheet when case is finally sent for trial. Case diaries will not form part of the judicial file. The orders of High Court in connection with the granting or remands to the police custody are contained in Appendix No 25.56 (1).

(2). No application for remand to polices custody shall be made on the ground that an accused personas likely to confess. Grounds for such an application should be of the following nature :-

(a)               That it is necessary to take the accused to a distance that he may be shown to persons likely to identify him as having been seen at or near the scene of the offence.

(b)               That it is necessary to have his footprints compared with those found on or near the scene of offence.

                                                                       

Investigation

 

            ©         That the accused has offered to point out stolen property or weapons or other articles connected with the case.

(d)              Any other good and sufficient special reason.

 

(3)               Provided that in all serious cases, when the accused has been arrested and prime facie evidence has been produced, it shall be incumbent on the investigating officer to send the case for trial without delay, whether the investigation is complete or not.  Witness should invariably accompany such chalans, and the Court should be asked to take up the case at the earliest possible moment in accordance with High Court Rules and Orders, Chapter 3(10) Volume IV, in order to record the evidence and thereafter  to grant such detention or remand under the provisions of section 167 or 344, Criminal Procedrue Code, as may be found necessary.  Evidence obtained subsequently shall be produced before the Court by a subsidiary chalan.  Superintendents shold call up investiating officers for an explantain in all cases where the provisions of this rule appear to have been disregarded.

 

25.57      Close of investigation and final report.—(1)  If on any day, or days, a police officer in charge of the investigation of a case makes no investigation, he shall enter a statement to this effect in the case diary of the day on which the next does something towards the completion of the case.

(2)        (I)        When the police are unsuccessful, after taking all the measures in their power, and it is considered advisable to suspend the investigation a final report in Form 25.57(2) shall be submitted as required by section 173, Code of Criminal Procedure.

(ii)              In case in which a final report is submitted under sub-rule (2) (I)  above and in which a copy of the first information report has been sent to a Panchayat as required by Police Rule 24.4(2), a final report shall also be sent to the Panchayat containing information on the following points:-

(a)               Whether or not an offence has been proved.

(b)               Whether or not the proved is triable by the Panchayat and explaining that the case has not been set for trial.

 

(3)               If the information is present when the final report is prepared, he shall be informed verbally of the result of the investigation and, after nothing this fact in the final report, his signature or thumb mark shall be taken on it.  If the informant is not  present, he shall be informed in writing by postcard or by the delivery of a notice by hand and the fact that this has been done shall be noted in the final report.

In final (untraced or cancelled) reports the facts of the case which the investigating officer believes to be correct should be summarised, together with the grounds for his belief.  Information so recorded should be dutilised for the completion of preventive records.

25.58.    Provision of Investigation bag to the investigating officers.--  The investigating officer shall be provided with an investigating bag of approved pattern containing;-

 

(1)               One bottle of grey powder.

(2)               One bottle of grtaphite powder.

(3)               One camel hair brush.

(4)               Follien paper:-                   ) print

(5)               Finger print forms.              ) material

(6)               Finger print ink.                  )

(7)               Appliance for finger printing dead bodies.    )

(8)               One magnifying glass.                       )

(9)               One finger print impression pad and roller.  )

(10)           One electric torch.

(11)           One knife.

(12)           One pair of scissors.

(13)           One measuring tape 60’ long.

(14)           One foot-rule 2 feet long.

(15)           Sealing wax and candles.

(16)           Formalin diluted to 10 per cent together with chloride of lime to counteract decomposition of corpses.

(17)           Cotton wool and 1.1/2 yards cloth for packing exhibits.

(18)           Case diary book with plate, pencil or pen, carbon paper and the usual forms required in investigation.

 

 

APPENDIX 25.18-A

RULES FOR THE PROTECTION OF SOURCES OF

INFORMATION

 

In exercise of the power conferred on him by section 58 of the Government of India Act, 1935, the Governor of the Punjab acting in his discretion is pleased to make the following rules:-

1.                  Except as hereinafter provided a police officer or other servant of the Crown shall not disclose nor be compelled to disclose the source from which or the channel through which any information with respect to the operations of persons committing, or conspiring, preparing or attempting to commit such crimes as are menmtioned in sub-section (1) of section 57 of the Government of India Act, 1935, has been or may be obtained; and a police officer or other servant of the Crown shall not communicate nor be compelled to communicate any matter whether contained in records or otherwise which discloses, or in his opinion might in conjunction with other circumstances or matters result in the disclosure of or permit to be inferred, the source from which or the channel through which any such information as aforesaid has been or may be obtained.

Note -  Section 58 and this rule protect also sources of information relating to past acts of commission of such crimes, and to past conspiracies, preparations, and attempts to commit such crimes.

2.                  The provisions of rule I shall not apply to a discloure or communication by a police officer to another member of the same force who is authorized by the Inspector-General of Police either by a general or special direction in this behalf to require receive such disclosure or communication.  In giving general or special direction the Inspector General of Police shall be under the general control of and comply with, such instructions as may from time to time be given to him by the Governor in his discretion.

3.                  The provisions of rule 1 shall not apply to a disclosure or communication by a police officer to any person (not being a member of the same force) who is authorised by the Governor in his discretion either by a general or special direction in this behalf to receive such disclosure or communciation.

4.                  The provisions of rule 1 shall not apply to a disclosure or communication by a servant of the Crown (not being a police officer) to any person who is authorized by  the Governor in his discretion either b y a general l or special direction in this behalf to receive such disclosure or communication.

5.                  The provisions of rule 1 shall not apply to a disclosure or communication by any servant of the Crown (not being a police officer) of facts ascertained by himself made to a Superintendent of Police or District Magistrate of a district or to an officer of the Criminal Investigation Department of or above the rank of Sub-Inspector or to any police officer conducting an investigation under the Code of Criminal Procedure, 1898.

6.                  The provisions of rule 1 shall not affect the procedure followed by a police officer making an investigation under Chapter XIV of the code of Criminal Procedure, 1898.

7.                  The Inspector-General of Police shall, with the previous approval of the Governor in his discretion give directions as to the custody of the records or any other documents containing such information as is referred to in rule (1), and the person or persons in whose custody such records or documents are kept shall not disclose them to any person except in accordance with these directions.

8.                  If in the interests of the administration it is considered necessary by any police officer in possession of any such record or information that such record or information should be disclosed or given to any person other than a police officer serving under the Punjab Government, he shall refer the matter to the Governor through the Inspector-General of Police, and the decision of the Governor in his discretion shall be final.

9.                  If any person in the service of the Crown in the province other than a police officer considers it necessary in the interests of the administration that such record or information should be disclosed or given to any person, he shall refer the matter to the Governor, and the decision of the Governor in his discretion shall be final.

10.              A servant of the Crown who is in doubt whether in any particular case he is compelled by, or permitted under the provisions of these rules to make a disclosure or communication may before making the disclosure or communication require that the matter be referred for direction by the Inspector General of Police or the Governor in his discretion, as the case may be.

4.                  The above principles apply equally Council questions.  The great majority of these can be disposed of without reference to local officers.  Sometimes when a question consists of several parts, a reference to local officers is necessary only in regard to one or two of these parts.  Where a reference is made, it should be stated in regard to which parts information is required.  Further, where a question asks for information which will require considerable time and labour for its collection, local officers should not be asked to supply this information, unless the Secretary concerned is satisfied that the information may reasonably be given in spite of the time and labour involved.  Where he does not think that this is the case, he should obtain the orders of the Member of Minister concerned before starting inquiries which may later prove unnecessary.  When it is decided not to collect information required to answer a council question the proper answer is.  “It is not in the public interest to collect this information”.

5.                  In order to secure that the above orders are observed, the following procedure is prescribed:-

 

(i)                 Eecept in purely routine matters, no reference to Commissioners or Deputy Commissioners should be made without the approval of a gazetted officer.  Important reference should receive the approval of the Secretary or the Head of the Department concerned, unless they are of an immediate nature and the approval of the Secretary or Head of the Department cannot be obtained without delay.

(ii)              Commissioners of Divisions should being to the notice of the Chief Secretary by demi-official letter cases in which unnecessary references are made or inadequate time is given for the disposal of unnecessary references.  The Chief Secretary will submit the reference of the Commissioner to the Member or Minister concerned, who will no doubt wish to satisfy himself that the orders of Government have been observed.

 

6.                  The above orders relate primarily to references to Commissioners and Deputy Commissioners.  They will also apply mutatis mutandis to references by the Secretariat and Heads of Departments to other administrative and executive officers, e.g., in the Irrigation Branch of the Public Works Department they will apply to references by the Secretariat to Superintending and Executive Engineers; in the Agriculture Department they will apply to reference by the Director of Agriculture to Deputy Directors of Agriculture  and to Extra Assistant Directors of Agriculture, and so on.

 

Yours sincerely,

F.H. PUCKLE

                                                                                    Chief Secretary to Government, Punjab.

 

To

 

(i)                 All Heads of Departments in the Punjab.

(ii)              The Register, High Court of Judicature at Lahore.

(iii)            All Commissioners of Divisions, Deputy Commissioners and District  and Sessions Judges in the Punjab.

 

50. Instructions as to statements and confessions of accused persons.—The following instructions (contained in Rules and Orders of the High Court, Volume III) or the subject of taking and recording statements and confessions of accused person should be observed:-

 

Confession an statements of accused persons

 

The provisions of sections 164, 342 and 364 of the Criminal Procedure Code witl regard to the confessions and statements of accused persons should be carefully studied. Section  164, deals with the recording of statements and confessions at any stage before the commencement of an enquiry or trial. Section 342 deals with the examination of accused persons during the course of the enquiry or trial. Section 364 prescribes the manner in which the examination of accused persons is to be recorded.

 

2.         The object of section 164, Criminal Procedure Code, is to provide a method of securing a reliable record of statements or confessions made during the course of the police investigation, which could be used, if necessary, during the enquiry or trial Under section 25 of the Indian Evidence Act, a confession to a police officer is inadmissible in evidence, and hence when an accused person confesses during police investigation the police frequently get it recorded by a magistrate under section 164 Criminal Procedure Code, and it can then be used to the extent to which it may be admissible under the Indian Evidence Act.

 

3.         Under section 80 of the Indian Evidence Act, a court is bound to presume that a statement of confession of an accused person taken in accordance with law and purporting  to be signed by any judge or magistrate is genuine, and that the certificate or note as to the circumstances under which it was taken,  purporting  to be made by the person signing it, are true, and that such statement or confession was duly taken. The words “taken in accordance with law” occurring in this section are very important and it is essential that in recording a statement or confession under section 164, the provisions of that section should be strictly followed. Some important changes were made in the section in 1923 and the form of the certificate to be attached to the statements and confessions was also altered. The evidential value of a confession depends upon its voluntary  character and the precision with which it is reproduced and hence the section provides safeguards to secure this end. These safeguards are of great importance as confessions are often retracted at a later stage and it becomes necessary for the Court to ascertain whether the alleged confession was actually and voluntarily made. The mere fact that a confession is retracted does not render it inadmissible in evidence, but the Court has to scrutinise any such confession with the utmost care and accept it with the greatest caution. Experience and common serise in fact show that in the absence of some material corroboration it is not safe to convict merely on a retracted confession, unless from the peculiar circumstances under which it was made  judging from the reasons, alleged or apparent, of retraction  there remains a high degree of certainty that the confession, notwithstanding its having been resised from, is genuine (of, 30 P.R. 1914 (Cr.) ).

 

4.         Some important features or section 164 as it stands now are:-

 

(a)               statement or confessions made in the courses of an investigation can be recorded only be a magistrate of the second class who has been specially empowered by the Local Government.

(b)               Confessions must be recorded and signed in the manner provided in section 364.

(c)                Before recording any such confession the magistrate shall explain to the person making it that he is not bound to make a confession, and that if he does so it may be used in evidence against him.

(d)              No magistrate shall record any such confession unless upon questioning the person making it, he has reason to believe that it was made voluntarily, failure to question has been held to vitiate the confession (I.L.R. 2 Lah. 325).

(e)               The memorandum set forth in section 164(3) must be appended at the foot of the record of the confession.

(f)                 It is not necessary that the magistrate receiving or recording a confession or statement should be a magistrate having jurisdiction in the case.

 

5.         The annexed from for recording confessions taken under section 164 has been prescribed and should invariably be used.           

 

6.         Unless there are exceptional reasons to the contrary confessions should be recorded in open court and during court hours, Police officer investigating the case should not be present.

 

7.         An accused persons who has been produced for the purpose of making a confession and has declined to do so, or has made a statement which is unsatisfactory from the point of view of the prosecution, should, in no circumstances, be remanded to police custody.

 

8.         Section 342 of the Code empowers to the court to put questions to the accused at any stage of enquiry or trial to enable him to explain any circumstances appearing in evidence against him. The questions put under this section must be confined to the points brought out in the evidence and should not be in the nature of cross-examination of the accused person. Nor should the power given by the section be used to elicit information from the accused to fill up gaps in the prosecution evidence (of. I.L.R 4  Lah 55). For the conviction of an accused person can only be based on the evidence  produced by the prosecution. No oath can be administered to the accused and the answers given by him can only be taken into consideration in explanation of the prosecution evidence.

8.A.     The magistrate is allowed by section 342 of the Code of Criminal Procedure to examine the accused at an early stage of the case for the purpose of enabling him to explain any circumstances appearing in the evidence against him. This provision is intended for the benefit of the accused, and must not be used to elicit his defence before the prosecution evidence is complete.  Magistrates sometimes question the accused generally on the case as soon as a prima facie case has been made out, but  before the prosecution evidence is complete. This is incorrect. According to the second part of clause (1) of section 342, it is only after the completion of the prosecution evidence that the accused can be questioned generally on the case. The necessity for postponing such examination is not avoided by framing a charge at an early stage. Even when a charge has been framed, the magistrate should wait until the prosecution evidence is concluded before making a general examination of the accused.

 

9.         Section 342 makes it obligatory for a Court to examine the accused generally on the case after the witnesses for the prosecution have been examined and before the accused is called for his defence. Even when and accused person has been examined at an earlier stage the Court must examine the accused generally after the close of the prosecution case (i.e. after the examination and cross-examination of prosecution witnesses and their further cross-examination, if any, after the charge is framed) and before the accused is called upon to produce his defence so as to give him an opportunity to explain any points which were not included in the questions put to him at earlier stages. Failure to examine the accused at the close of the prosecution evidence has been held to be an illegality which vitiates the trial (vide 71.L.R. Lah. 564).

 

10.       Under Section 256 of the Code, if the accused person puts in a written statement, it should be filed with the record. But a written statement of this kind does not relieve the Court of the duty of examining the accused in Court after the close of the prosecution evidence as laid down in section 342.

 

11.       Section 364 provides the mode in which the examination of an accused persons is recorded. The questions put to the accused and the answers given by him should be distinctly and accurately recorded. The examination of the accused should be recorded in the language in which he is examined, and if that is not practicable in the language of the Court or in English. In cases in which examination is not recorded by the Magistrate or Judge himself he must record a Memo.  Thereof in the language  of  the Court or in English if he is sufficiently acquainted with the latter language. The examination must be read over to the accused and made conformable to what he declares to be the truth. The Magistrate or Judge must then certify under his own hand that the examination was taken down in his presence and hearing and that the record  contains a full and true account of what was stated.

 

 

12.       Under section 533 of the Code, if any court before  which a confession or other statement of an accused person recorded or purporting to be recorded under section 164, or section 364, is intended, or has been received in evidence, finds that any of the provisions of either of such sections have not been complied with by the magistrate recording the statement it must take evidence that such person duly made the statement recorded  and such a statement  may then become admissible in evidence notwithstanding the provisions of section 91 of the Indian Evidence Act, provided the error has not prejudiced the accused as to his defence on merits.

 

 

                       

 

RECORD OF A CONFESSION MADE BY AN ACCUSED PERSON.

( Section 264 of the Code of Criminal Procedure)

 

                                                                                                                        Division.

in the Court of                                                                                                                     

THE CROWN

 

versus

The confession of-----------------------------------taken by me------------------------------------

 

a Magistrate of the --------------------------------District, this-------------------------------------

day of --------------19

 

Memorandum of Enquiry

 

(The magistrate shall firs, as required by section 164(3), Code of Criminal Procedure explain to the accused person that he is not bound to make a confession, and that if he does so, it my be used as evidence against him, and shall then put and record answers to the following questions. If the answers are of such a character as to require him to do so, he should put such further questions as may be necessary to enable him to judge whether the accused person is acting voluntarily. In arriving at his conclusion on this point the magistrate should consider inter alia the period during which the accused person has been in police custody and make sure that the confession is not the result of any undue influence or ill treatment. Special care should be taken when women or children are produced by the police for their confessions  being recorded).-

 

Q.-       Do you understand that you are not bound to make a confession?

A.-

Q.-       Do you understand that your statement is being recorded by  a magistrate, and that if you make a confession, it may be used as evidence against you?

            A.-

Q.-       Understanding these tow facts are you making a statement before me voluntarily?

            A-

 

Statement of accused.

(Mark or signature of accused)

Magistrate.

 

I have explained to -----------------------------------------that he is not bound to make a confession, and that if he does so, any confession he may make may be used as evidence against him and I believe that his confession was voluntarily made. It was taken in my presence and hearing, and was red over to the person making it, and admitted by him to be correct, and, it contains a full and true account of the statement made by him.

Magistrate.

 

Date-------------------

 

APPENDIX 25.41(4)

DIRECTION FOR AND PRECAUTION TO BE TAKEN IN

FORWARDING ARTICLES TO THE CHEMICAL

EXAMINER FOR EXAMINATION AND REPORT.

 

All articles should, as far as possible, be sent by registered parcel post. If this cannot be done and the articles are important, they should be sent by hand. Only very heavy and unimportant articles should be sent by rail.

 

Human poisoning cases

 

1.      FATAL.

The following articles should be forwarded in all cases:-

 

(1)   Stomach with contents. The stomach should be securely tied at both ends.

(2)   A piece of the small intestine (about 3 feet) securely tied at both ends.

(3)   A portion of the liver (not less than 16 ounces), one kidney and a piece of spleen.

(4)   Urine or stomach washings if available.

(5)   A sample of the preservative fluid used.

 

Note:- (1) Rectified spirit should be used in all cases unless alcohol, phosphorus or carbolic acid poisoning is suspected. In such cases normal saline solution should be used.

 

            (II) in suspected coal-gas (charcoal) poisoning, a sample of the blood should be sent in a small bottle properly corked. Add two drops only of formalin to prevent decomposition if available.

            (III) Ashes and burnt bones should only be sent where a metallic poison is suspected . Vegetable poisons are destroyed during cremation.

 

            Documents which should be forwarded:-

 

A--by Post—

(1)   Post-mortem Report.

 

Note:- Information on the following toxicologically important points should invariably be supplied:-

 

(a)               Date and hour of onset of symptoms : (b) date and hour of death; (c) in case where body has been exhumed, dates of burial and of exhumation should be entered in column headed “Death”, (d) in cases of suspected irritant poisoning, the condition of the gastrointestinal tract, as regards emptiness or otherwise as well as nay abnormal appearance of the mucous membranes should be specially noted.

 

The following information should also be given:-

 

(a)               note of symptoms observed by the Medical Officer if the case has been seen during life him. (b) note of nature and duration of treatment, if any, adopted by the Medical Officer, Police or friends of deceased.

 

(2) Statements of symptoms [Police form 25.35(c)] supplied by the Police to the forwarding Medical Officer. ( This form should be carefully filled in by the Police, noting particularly the early or first symptoms observed ).

 

(3) Certified copy of the Police Reports ( vernacular or otherwise ) sent with the case to the forwarding Medical Officer.

 

(4) Forwarding memo and invoice list of articles forwarded for examination to the Chemical Examiner.

 

(5) Impression or imprint of seal used to seal the packages.

 

Note :- (1) The seal should be a private one, and the same seal should be used throughout. The impression should be attached to the forwarding memo. (No.4) and should be protected by a thin layer of cotton wool to prevent its being broken in transit.

 

(2)   An imprint of the seal piece of paper is better than an impression of the seal.

 

(B). Under cover of the box containing the articles for examination.

 

(1)               Duplicate copies of forwarding memo., invoice list of articles sent for analysis.

(2)               Duplicate impression or preferably imprint of seal used in case.

 

Note :-  Make sure that the bottles are properly corked and packed otherwise leakages stain the documents inside.

 

II. NON-FATAL:-

 

Vomit, stomach washings, purged matter, urine and suspected articles of food should be sent whenever available.

Documents which would be forwarded:-

 

A.—By post—

 

(1)               State of symptoms [Police form 25.35(c)].

(2)               Note of symptoms observed by the Medical Officer.

(3)               Note of treatment, if any, adopted by the Medical Officer, Police, or patient’s friends.

(4)               Forwarding memo, (original) and invoice list of articles forwarded for examination. The nature of the preservative fluid used, if any, should be stated.

(5)               Impression or imprint of seal used to seal the packages.

 

B.--      Under cover of box containing the articles for examination.

(1)               Duplicate copy of forwarding memo and invoice list of articles sent for analysis, and of police form No.25.35(c).

(2)               Duplicate impression or imprint of seal used in the case.

 

 

Abortion cases.

 

I.                    Fatal.—As in fatal human poisoning cases, but, in addition, the uterus and upper part of the vagina should invariably be sent, along with any foreign bodies found in the genital tract.

II.                 Non—Fatal.—As in non-fatal poisoning cases, but, in addition, any foreign bodies expelled or removal from the vagina or uterus should be sent.

 

Blood-stain cases.

 

            The entire garments or other articles suspected to be stained with blood should be sent if possible, not portions removed or cut from them. A label with number and description of the articles should be stitched or tied (not gummed or pasted) to each separate article, care being taken that the labels correspond with the invoice list of articles. When the label is tied to the articles the string should be sealed.

 

            Note.—(1) Take care that the stains are quite dry before being packed for examination. West stains readily decompose.

 

                        (2)   Do not make a circle with ink or indelible pencil around the suspected stains. In wet weather or during examination such circles run into the stain and interfere with the tests.

                        (3)   Wet blood stains on a culprit’s body should be removed with a clean cotton swab and properly dried before being sent for analysis. Dry blood stains on a culprit’s body may be gently scrapped into an envelope and then despatched for analysis.

 

            Documents which should be forwarded:-

A.—By post—

 

(1)               Forwarding memo, and invoice list of articles for examination.

(2)               Impression or imprint of seal used in the case.

 

B. With the articles—

 

(1)               Duplicate copy of forwarding memo and invoice list.

(2)               Duplicate impression or imprint of seal used in the case.

 

Semen cases.

This entire garment, etc., should be set. The cloth should not be folded at the stained portion. The stain should be kept quite flat, and should be protected by a thin layer of cotton wool on each surface.

 

Note.—It is better to send swabs from the vaginal mucus than mounted slides. These swabs should be first dried and then forwarded in a small box or phial carefully labeled.

 

Rules for preserving and packing exhibits for transmission to the

Chemical Examiner.

I.                    The suspected organs or other exhibits should be placed in lean glass bottle or jar having a good fitting stopper or cork. Wide mouthed bottles or jars of sufficient size must be used, otherwise the contents readily decompose. It is also difficult to empty narrow-mouthed bottles or jars that are tightly packed.

II.                 Materials that are liable to decompose should be preserved by one of the following methods:-

 

(1)               In cases of suspected human poisoning other than alcohol, phosphorus, carbolic acid and some of the lesser known volatile poisons, the material sent should be immersed I rectified spirit. The spirit should be sufficient to cover the material immersed in whatever position the vessel containing it may be held. On no account use common bazaar spirit. A separate four ounce bottle of the rectified spirit added should be sent for independent analysis s a control.

 

(2)        In those cases mentioned above where rectified spirit should not be added, the preservative used should be salt solution and the same precautions for immersion of material should be exercised. A salt solution is made by adding a full tablespoonful of salt to about a pint of fresh clean water. A separate four ounce bottle of this salt solution should be sent for independent analysis as a control.

 

(3)               If two or more examinations have to be made on the same occasion, the medical officer should complete one and label and seal the articles connected with it before commencing a second examination, otherwise there is risk of the viscera, etc., of one case getting mixed with those of another. He should clean his instruments and vessels before commencing the second case.

 

(4)        In cases of suspected cattle poisoning the viscera or other material should be prescribed in rectified spirit with the same precautions as those exercised in human poisoning cases (item2).

 

(5)        It is advisable to keep a sample of the preservative added under lock and key in case the bottle containing the sample sent to the Chemical Examiner should arrive broken.

 

III.       Great care should be taken that the stopper or cork of the bottle or jar fits tightly; especially in this necessary during the hot weather, when rectified spirit is added as a preservative. The stopper may first be candle-waxed and then carefully tied down with leather or water proof and sealed.

 

IV.       To Secure identity, the bottles or jars should be properly labeled with a list of the contents.

 

V.        The bottles or jars should then be placed in a strong wooden box with plenty of packing material to ensure against any breakage’s during transit. Saw dust, cotton wool, and dried grass are suitable for this purpose. Old officer papers, etc., should not be used as the copies of the forwarding documents enclosed in the box are liable to be thrown away with this waste paper packing material. Keep these documents well away from the bottles as breakage’s or leakage’s are apt to stain them.

 

VI.       The box itself should be covered with common garha cloth properly sewed and sealed. Seals should be at short intervals of three inches along each line of sewing. All the seals must be similar and preferably the wax should be of the same kind. The seal used should  be the ordinary office seal and must be kept under lock and key. Current cons, or a series of straight, curved or crossed lines must not be sued as seals. The box should be properly addressed and sufficient stamps added to cover postage; the box must also be franked.

 

VII.      Under no circumstances should viscera from different cases be included in the same parcel.

 

VIII.         The dispatching officer who is invariably the Civil Surgeon or another medical officer authorised to conduct post-mortem examination; is personally responsible that these instructions are carefully followed.

 

Note.  In order to minimize the chances of parcels being lost in transit between the office of the Chemical Examiner and the Railway Station at Lahore, all articles for medico-legal examination should be sent by post as far as possible or better still by hand.

 

IX.       In cases where the police send a closed parcel through the medical officer and the latter has no occasion to open it in transmission, the parcel should be packed in a second cloth cover and the forwarding memo should also be enclosed. This procedure is necessary and prevents cases getting mixed up on receipt of the Chemical Examiner’s office.

 

X.        The labeling and numbering of articles should not be in the vernacular but in English.

 

XI.              A declaration of the contents to the Postal authorities is unnecessary.

 

 

APPENDIX 25.42(2)

INSTRUCTIONS FOR DEALING WITH SUBSTANCES ON OBJECTS SUSPECTED OF BEING EXPLOSIVE

 

Introduction.

 

            Explosive substances or objects which may cause explosion may be met within the following forms:-

            A. Liquids.—For example nitroglycerine. These will rarely have to be dealt with. The possession of a liquid explosive is generally illegal.

 

B. Solids:-

 

            (1)        Blasting explosives.—Dynamite, Gelatin Dynamite, Blasting Gelatin, Gelignite, etc. These are usually made up in cylinder form about two inches long in waterproof paper wrappers, stamped with the maker’s name. They vary in consistency, from a taught leathery material to a soft one like ordinary stiff jelly.

 

            (2)        Gunpowder. May be black, brown or gray and is made up in cylinder form, cubes, pebbles, grains and powder.

 

            (3)        Gun Cotton. – Is white and is supplied in slabs or cylinders or loose like ordinary cotton wool.

 

            (4)        Gun, rifle and shot gun powders.—These are generally in cords, tapes or grains, but are found as small cubes or flakes. In colour they may be white, pink, yellow, blue or black.

 

            (5)        Fulminates.—These are white or gray powders. They are extremely dangerous. Their possession is generally illegal.

 

            (6)        Picric acid and pirates. These are crystalline or may be in powder form. They have a brilliant yellow colour if pure. A license is required for their possession.

 

            (7)        (a) Ammonal. This is a mixture of tri-nitro toluene, ammonium nitrate aluminum powder and charcoal. It is a silvery brown paste.

           

                        (b)  Amatol.-- Is a mixture of tri-nitro toluene and ammonium nitrate. In appearance it is a brown paste.

 

            (8)        Chlorate of potash.—May be found in clear tabular crystals or as a white powder.

 

            (9)        Sulfide of arsenic.—Is generally found as a yellow or orange powder.

 

            (10)      Carbide or phosphate of calcium. –Under certain circumstances these may cause violent explosion.

 

            (11)      Detonators and caps.—These are explosives made up in metal tubes or small metal caps. Military detonators, friction tubes and time fuses are made in a great variety of forms. All detonation should be handled with the utmost care.

 

(12)      Fuse.—This is slow burning gunpowder rolled up in cloth or paper in the form of long cards. Military fuses are made up in metal bodies in great variety of forms.

 

(13)      Cartridges.—These are either commercial, military or sporting and generally contain their own means of ignition in the form of a cap or primer. Cartridges for big guns generally consist of explosives made up in silk cloth or shalloon bags or bundles.

 

(14)      Bombs.—These are explosives contained in receptacles such as bottles, jars, coconut shells, cloth, jute or hemp, balls or bundles, books letters tins, metal shells, bamboo tubes, water cistern floats, chatties, etc., the whole being designed to explode by percussion, fuse, trigger, by being inverted.

 

(15)      Fireworks.—Fireworks are provided with a fuse of touch papers or slow match. Throw downs,  crackers, explosives, corks, or objects designed to explode by percussion, provided they are not detonators, caps or cartridges are not fireworks, but bombs.

 

(16)      Rockets.—Some rockets are not fireworks. Life saving, signal and military rockets are dangerous and should be handled with care

 

(17)           Signals.—These may be ships-flares, signal lights, etc. They are not fire works.

C.        Gases – Liquid or compressed gases (ammonia, oxygen, hydrogen, acetylene, carbon-dioxide) or cylinders, sparklets, etc., may under certain circumstances cause violent explosion.

 

Instructions

            A local police officer should communicate at once with the Superintendent of Police, who will himself proceed, or depute some responsible officer to proceed, to the place to carry out the following instructions :-

1. If you have any reason, however slight, to suspect that the substance or object with which you, are dealing is dangerous then regard it as being Highly Explosive until such time as it is proved to be otherwise.

 

2. *********************

 

3. During the removal, guarding or examination of any substances or object suspected or being explosive, all unnecessary persons whether police or otherwise should be sent away.

 

4. If the substance you are examining is - -

Liquid, proceed as in paragraphs 6 or 7. Solid, proceed as in paragraphs 8, 9 or 10. Gas, proceed as in paragraph 11.

 

5. If the object you are examining is a - -

Detonator or cap.     ]

Fuse,                           ]

Cartridge,                  ]

Firework,       ]

Rocket,           ] proceed as in paragraph 12

Signal light    ]

Bomb, proceed as in paragraph 13.

 

6. (1) If the substance is a liquid in an open vessel - -

 

Carefully dip into the liquid a pencil or thin piece of stick and allow one drop to fall on a small piece of blotting paper or tin foil (silver paper). Remove this ten yards or more from the vessel or vessels containing the bulk of the liquid, place it upon a flat surface or iron or stone and strike it a sharp glancing blow with a flat headed hammer. Repeat the test three times with fresh drips and also by burning a fresh drop of the liquid on blotting paper in the flame of a spirit lamp or candle.

 

(A) The substance explodes or burns rapidly. Place about half an ounce of the liquid in a small clean bottle, carefully cork it up (do not use a glass or metal stopper), and after packing in cotton wool in a box or tin, send it by messenger to the Inspector of Explosives, Northern India, with your report. The bulk of the liquid should be locked up in an isolated place until instructions are received from the Inspector of Explosives, Northern India, as to its disposal.

 

(B) The substance does not explode or burn rapidly. Place about hald an ounce of the liquid in a small clean bottle, cork up and after packing send by post to the Inspector of Explosives, Northern India, with your report, the bulk of the liquid should be locked up in any convenient place until the report of the Inspector of Explosives is received.

 

            7. (2)    When the substance is a liquid in a closed vessel—

(1)               If the vessel is a bottle and is not suspected of being a bomb and the stopper will not come out when using only moderate power, do not attempt to open but send it by messenger to the nearest Inspector of Explosives together with your report, first having carefully packed the bottle upright in a box with straw, sawdust, or paper, etc.

 

(2)               If the vessel is a bottle and is not suspected of being a bomb and the stopper will come out, then proceed as in paragraph 6.

 

(3)               If the vessel is not suspected of being a bomb and is of metal or other hard material and the stopper will not come out when moderate force is use, do not attempt to open but remove the vessel very gently, and in such a manner as to expose it toas little shaking as possible, and without turning it over in any way, to such open place of safety in the vicinity as may be available, where its ignition or explosion would be attended with a minimum of mischief, e.g., a yard or a garden or other open space from which he public are or can be excluded . The tow pieces of strong cord to the vessel passing one cord round a hook or tree and from round the corner of a building and after all persons have been removed from within range, pull the cords backward and forward so that the vessel is upset and given as severe a shaking as possible, then leave the vessel alone for twelve hours.

 

If explosion is not obtained and the vessel is not too large sent it by messenger to the Inspector of Explosives with your report.

 

If the vessel is a large one, try once more to open it using more force. If you cannot open it, remove the vessel to a convenient place where it can be locked up and send a copy of your report and all connected papers to the Inspector of Explosives.

 

8.         When the substance is a solid in an open vessel:-

            (1)        Carefully take out with a piece of cardboard or flat stick a few grains of the solid and after removing it ten yards, or more away from the vessel or vessels containing the bulk of the substance, place it upon a flat surface or iron or stone and strike it a sharp glancing blow with a flat headed hammer. Repeat the test three times with fresh substance and also try burning a small portion on blotting paper in the flame of a spirit lamp or candle.

 

(A)             The substance explodes or burns rapidly. – Take a very small amount of the substance, add to it a little water and notice what happens. If the substance undergoes no change and here is no sign of any gas being given off, or of heat being generated, place about half an ounce of the substance in a small clean bottle and fill up with clean water. Cork the bottle carefully, taking the precaution not to use a glass or metal stopper, and then pack it in cotton wool in a box or tin and send it by messenger to the Inspector of Explosives with your report.

 

(B)              The substance does not explode or burn rapidly. – test a small amount of the substance with water in exactly the same way a detailed in (A). if the substance undergoes no change and there is no sign of any gas being given off, or of heat being generated, place about half an ounce of the substance in a small clean bottle and fill up with water. Cork the bottle carefully, and after packing, send it by post to the Inspector of Explosives with your report.

 

The bulk of the substance should then be covered with clean water and locked up in any convenient place until the report of the Inspector of Explosives is received.

 

(2)        If you find that the substance under sub-paragraphs (A) and (B) does undergo a charge, etc., when water is added proceed exactly as before, except that the sample in all cases should be sent dry, and the bulk also kept dry. Make certain that your bottle is absolutely dry before you put the sample into it.

 

            9.         When the substance is a solid in a closed vessel--

 

(1)               If the vessel is a bottle and is not suspected of being a bomb and the stopper will not come out when only moderate power is used. Do not attempt to open it but send it by messenger to the Inspector of Explosives together with your report, first having carefully packed the bottle upright in a box with straw, sawdust, paper, etc.

 

(2)               If the vessel is a bottle and is not suspected of being a bomb and the stopper will come out then proceed as in 8.

 

(3)               If the vessel is not suspected of being a bomb and is of metal or other hard material proceed as in 7(2).

 

10.       When the substance is calcium carbide or calcium phosphide. If it is desired to destroy calcium carbide or calcium phosphide, this can be done by dropping them into deep water, but not more than half a pound at a time, waiting until no more gas is given off before a fresh portion is destroyed.

 

11.              When the substances is gas, -- Gases are generally found compressed in cylinders, sparklets, etc. They should b kept cool and away from the direct rays of the sun. If it is desired to know what gas is in any cylinder, the whole cylinder should be even up in the coir matting and sent by train to the Inspector of Explosives toghther with your report. Small cylinders or sparklets only a few inches long can be sent by post if well packed in cotton wool in a wooden box.

 

12.              When the object is a detonator, cap, fuse, cartridge, firework, rocket, light these should never, under any circumstances, be sent through the post. A few should be carefully packed separately in cotton wool in a wooden box and be sent by hand to the inspector of Explosives together with your report. The bulk should be locked up in an isolated place.

 

 

 

 

 

13.              When the object is a bomb :-

 

(1)               These may be met with in the following forms :-

A.    Military grenades.

B.     Copies of military grenades.

C.     Bombs made up in soda bottles, jam tins, water cistern floats, chatties, coconut shells, bundles of jute or hemp, bomboo tubes, etc.

D.    Book bombs.

E.     Letter bombs.

(2)               Any of these may be designed to explode –

(a)               when moved in any way,

(b)               when turned over,

(c)                when placed in water,

(d)              when thrown down,

(e)               by lighting a fuse,

(f)                 by clock work.

(g)               By chemical reaction

(3)        Before touching the bomb examine it where it lies and see if you can detect the arrangement for firing. See if there is any trigger and, if so, if it is set or not. Do not move the bomb, unless you are satisfied that it is safe to do so. If you are not satisfied, then place a guard over the bomb and report to your senior officer.

 

            A. Military grenades. – The first thing to do, is to see that the safety pin is in position, that it is not broken or corroded and that the ends are well splayed out so that it cannot be jolted out. See that the jaws of the laver are in good condition and support the striker correctly. Being satisfied on these points, the base should be unscrewed and, if the igniter set is present, it should be carefully removed. Pack the igniter set and the bomb in cotton wool in separate wooden boxes and send by hand to the inspector of Explosives, together with your report.

 

            If the safety pin and level are missing and the striker is inside the bomb, it will probably have to be destroyed in situ. Set a guard over it where it lies and report to your senior officer.

 

            B.         Copies of military grenades. – These are generally something like a military grenade but are of cruder finish, They must only be handled by persons who have handled bombs before. It is generally possible to render them harmless by removing an explosive cap or tuft of gun cotton. This should only be done when you are satisfied that the trigger is safe. Do not put this type of bomb in water but, provided the trigger has been made safe, it should be packed in cotton wool in a wooden box and be sent by hand to the Inspector of Explosives together with your report.

 

            C.        bombs made up in soda bottles, etc. – First arrange a string bag and strong cord over a large bucket of hot water. Carefully remove the bomb keeping it in the same position as found and place it in the hag and from round the corner of a building, first having sent everybody present under cover lower the bomb into the hot water and leave it there for 24 hours. The water will then be cold.

 

            It may then be taken out and be carefully packed in wet straw or cotton wool in a wooden box and be sent by hand to the inspector of Explosives together with your report.

 

            If the bomb is well made and there is a possibility that the water may not have penetrated inside, it should be given the rough treatment described in paragraph 7)3) before being sent away.

 

            D.        Book bombs. – These are bombs made up in book form and are generally designed to explode when the book is opened or turned over. Such a bomb should be very carefully taken to an isolated place, keeping it in the original position all the time and be locked up. Send a report on the subject to the Inspector of Explosives.

 

            E.         Letter bombs. – These are letters containing explosives which are designed to explode when opened. Place the whole letter in a bucket of water. When the letter is quite wet, pack it in a tin in wet cotton wool and send by hand to the Inspector of Explosives, together with your report.

 

            F.         Booby Traps --

 

1.                  “Booby Traps” are bomb generally designed to explode in the presence of an officer who is engaged in searching suspected premises.

 

2.                  They  may be designed to explode when the bomb is moved in any way or electric contract is made by some action of the officer or by clock-work or chemical means.

 

3.                  The most prevalent procedure is to cause one bomb to explode in a house by time fuse, such as a burning candle, leaving a second bomb which will explode when the officer comes to investigate the first explosion, or the officer may be tempted to the house by a message, telephone call, etc.

 

4.                  Another method is to leave the second bomb with an obvious means of ignition such as a burning candle in the hope that the officer will extinguish the candle and then consider the bomb as safe whereas it is really designed to explode if moved in any way.

 

5.                  Never enter a house or room in which you suspect booby traps by the obvious way. First smash a window or knock a hole in the wall with a crowbar opposite the door to see if the door can be safely opened.

 

6.                  Enter the house or room very slowly touching nothing until each object has been carefully examined. Make a loop at the end of a long rope and drop the loop over each object which might be a bomb without touching it. These may be such things as tins, trunks, kettles, lamps, buckets, boxes, clocks, etc. From outside the room or house jerk the object about by means of the rope and do not enter the room or house again for some minutes in each case. Open the lids of boxes or trunks by means of the rope from round the corner.

 

7.                  If and unexploded bomb is discovered after this treatment proceed as in paragraph Cabove.

 

 

APPENDIX No. 25-43(4)

 

 

Poisons

Native name

Usual symptoms

 

Arsenie

 

 

Opium

 

 

Aconite

 

 

 

Dhatura

 

Nux vomica

 

 

 

Sammulfar Sankhia Hartal and Mansil

 

Afiun

Afim

 

Bish

 

 

 

Dhatura

 

Kuchila

 

Vomitings; burning pain in the stomach; great thist; sometimes cold skin; cramps in the limbs, and sleepiness

Sleepiness; pupils contracted; complete insensibility; skin sweating; vomiting seldom occurs.

Numbness, and tingling in the mouth and throat, afterwards in the limbs; frothing at the mouth; sleepiness; occasionally convulsions or delirlum, or paralysis.

Pupils dilated; delirfum; insensibility; vomiting rare.

Twitching in the limbs, followed by violent spasms and often lock-jaw. The spasms cease for a time and then again returns, often without evident cause; it usually affects the whole body. Shortest time before symptoms – 15 minutes.

Shortest time before death – 1 house.

 

            NOTE : Any one of the above symptoms may be absent, though the poison by which they are caused has been administered.

 

Poison

Ordinary interval between taking the poison

and the appearance of symptoms

Ordinary time

Before death

Arsenic

Opium

Aconite

Dhatura

Nux vomica

Half to one hour

Half to one hour

15 minutes

5 to 10 minutes

Half to one hour

6 to 24 hours

6 to 24     “

1 to 8       “

6 to 12     “

1 to 6       “

           

Investigation

 

APPENDIX No.25.56(1)

REMANDS TO POLICE CUSTODY.

 

1.  Remands to Police custody when to be granted.—Before making an order of remand to police custody under Section 167 of the Code of Criminal Procedure, the magistrate should satisfy himself that--

(1)               there are grounds for believing that the accusation aginst the person sent up by the police is well founded.

(2)               There are good and sufficient reasons for remanding the accused to police custody instead of detaining him in magisterial custody.

In order to form an opinion as to +the necessity or otherwise of the remand applied for by the police, the Magistrate should ascertain what previous similar orders (if any) have been made in the case, and the longer and accused person has been in custody the stronger should be the grounds required for a further remand to police custody.

The accused person must always be produced before the Magistrate when a remand is asked for.

2.         the following principles are laid down before for the guidance of Magistrates in the matter of granting remands, and District Magistrates are required to see that they are carefully applied:-

(i)        Under no circumstances should an accused person be remanded to police custody unless it is made clear that his presence is actually needed in order to serve some important and specific purpose connected with the completion of the enquiry. A general statement by the officer applying for the remand that the accused may be able to give further information should not be accepted.

(ii)       When an accused person is remanded to police custody the period of the remand should be as short as possible.

(iii)      In all ordinary cases in which time is required by the police to complete the enquiry, the accused person should be detained in magisterial custody.

(iv)            Where the object of the remand is merely the verification of the prisoner’s statement, he should be remanded to magisterial custody.

(v)               A prisoner, who has been produced for the purpose of making a confession and who has declined to do so, or has made a statement which is unsatisfactory from the point of view of the prosecution should in no circumstances be remanded to police custody.

3.         In any case when an accused person is remanded to police custody, the reasons must be recorded in the order of remand, and when the Magistrate ordering a remand is not himself a Sub-Divisional or District Magistrate, he must at once send a copy of his order, with his reasons for making it, to the Sub-Division or District Magistrate to whom he is immediately subordinate.

If the limit of 15 days has elapsed, and there is still need for further investigation by the police, the procedure to be adopted is that laid down in Section 344, Criminal Procedure Code. The case is brought on to the Magistrate’s file, and the accused, if detention is necessary, will remain in magisterial custody. The case may be postponed or adjourned from time to time for periods of not more than 15 days each, and in each adjournment expires the accused must be produced before the Magistrate, and the order of adjournment must show good reasons for making the order.

 

FORM NO.25.2(1)

 

ORDER TO REQUIRE ATTENDANCE AT INVESTIGATIONS UNDER SECTIONS 160 AND 175, CRIMINAL PROCEDURE CODE

 

Name                                                             son of                                                 caste

                                                                        Resident of

 

Whereas the presence of the aforesaid person is necessary for the purpose of enquiry into the offence reported to have been committed under section                        at the Police Station             ; therefore the said persons hereby directed to appear before the undersigned at (place   hour    date    ) there to give such information relation to the said alleged offence as he may possess.

 

 

Signature and Designation of issuing Police Officer

 

            Date                                                                                        Hour

 

Note-

 

 

----------------------------mentioned in this order attended on                                 at

at                                 and was permitted to leave on                                                      at

                                    at

 

 

 

Dated                                                

 

                                                            Signature and Designation of issuing Police Officer.

 

 

 

 

 

 

 

 

 

 

 

FORM NO.25.23(1)(a)

                                                                                                 Police Station                                                                                   District

Notice of search in the case of Crown versus                                                                                                                                           

F.I.R. NO.                                                      dated                                                                          offence                                              

Section 165/166, Cr.P.C.

Date and place of search

 

 

 

Name, percentage, residence and caste of the person to be

searched

Articles to be searched for

Reasons for which the search is to be made

1

2

3

4

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                Signature of Officer-in-charge

                                                                                                                                                                        Investigating Officer

 

                                                                                                                                   

Endorsement in case the officer causing search to be made is unable to conduct in person

 

                                                                                                                                   

 

I hereby authorise                                                                                                                                          to conduct the search as I

am unable to conduct it in person for the following reasons:-

 

Signature of  Officer-in-charge

Investigating Officer

Punjab Police Rules

 

FORM No.25.23(1)(b)

 

Order under Section 103(1), criminal Procedure Code, requiring

Attendance of a witness at a search

                                   

F.I.R. No.                                                        dated                                                                        

Section                                                Police Station                                                          

  To

                                                                       

 

                                                                       

WHEREAS it is necessary to make a search in the above mentioned case of the house/shop/place of                                                  situated in                                       

Therefore I,                                                                 call upon you to attend at the aforesaid house/shop/place at                       O’clock on / forthwith                              

To witness the search..

                                                                                                                                                 

     N.B –  Failure  to  attend  without  reasonable  cause is  punishable under section 187,

I.P. Code.

Dated                                                                                                                                                                                                                                     Signature and designation of

the officer conducting the search

 

                                   

 

FORM NO. 25.23(1)(e)

Form of search list prescribed by section 103(2), Cr.P.C.

                                   

F.I.R. NO.                               dated             Police Section                                              

The house of                                                              son of                                                                       

Caste                                      ,resident of village,                                                             

was searched in the presence of the undermentioned witnesses and the following articles were recovered and taken into possession by the police on the statement and indication of                                     , son of                                                            

caste                                                    village                                                                      

accused in the above-mentioned case.*

            *Cross out if not applicable.

Articles                                                                                  Place from which recovered.

 

Name and signature                                                                Signature and designation

of the witnesses                                                                        of the officer conducting the

                                                                                                                                    search.

Date                           

 

FORM No. 25-35(1)(A)

 

POLICE DEPARTMNT                                                       ______________ DISTRICT

 

            DEATH REPORT – SUDDEN DEATH FROM NATURAL CAUSES

DEATH REPORT No.                                                                     POLICE STATION

 

 

Dated __________________

 

 

1.      Name of place where death occurred.

2.      Distance and direction from the police station in whose jurisdiction it is.

3.      Date and hour of discovery of the death.

4.      Name, parentage and residence of two or more persons who identify the body as that of the deceased person named in this report.

(Note-Relatives of deceased, or two respectable writnesses to identification should be obtained, if possible).

5.      Name of deceased

Parentage

Cast

Residence

Condition in life

6.      Age and  Sex

7.      Condition of clothes, ornaments, & c., as not indicating as unnatural death.

8.      Position of limbs, eyes and mouth.

9.      Expression of the countenance

10.  Injuries or marks of violence the body may have received.

11.  Blood, liquid or clotted, where cozed from and to what amount.

12.  In what manner, or by what weapon or instrument, such marks of injuries or of violence appear to have been inflicted.

13.  Is the body well nourished and vigorous or emaciated and weak?

 

 

DEATH REPORT;- UNNATURAL DEATH BY VIOLENCE

DEATH REPORT No. _______________________ POLIC STATION ______________

Date ______________

 

 

1.      Name of place where the death occurred or where body was found (state which).

2.      Distance and direction from police station in whose jurisdiction it is.

3.      Date and hour of discovery of the death.

4.      Names parentage and residence of two or more persons who identify the body as that of the deceased person of two in the report.

Note.- Relations of the deceased or two respectable witness to identificatnoi should be obtained, (if possible)

5.      Name, parcentage, caste, residence and condition in life of the deceased.

6.      Age and sex.

7.      Condition of the clothes, ornaments, & c., and mark of either having been forcibly removed or of bing stained with blood or other matter.

  (Note.- If the Civil Surgeon or other Medical Officer is expected to attend to examine the body this information should be filled in so far as can be sean and without touching or removing jany clothing, and in such case it should be completed after he has finished his examination of the body).

8.      Position of the limbs, eyes and mouth.

9.      Expression of the countenance.

10.  Injuries or marks of violence the body may have received.

  Wounds and bruises.—Show position, length and breadth.

  (Note.—Not depth.  Be careful not to probe wounds.

  If the Civil Surgeon or other Medical Officer be expected to attend to examine the body, this information should be filled in after he has completed his examination)

11.  Blod, liquid or clotted?  Where oozed from and to what amount?

12.  In what manner or by what weapon or instrument such jmarks of injruies or of violence appear to have been committed?

13.  Was there any rope or other article round the neck, or any mark of ligature on the neck?

14.  Had such rope or article apparently been used to produce strangulation, and, if the body had been suspended by it, could it probably have supported the body?

15.  Were there any foreign matters, such as weeds, straw, & c., in the hair or clenched in the hands of the deceased, or attached to any part of the body?

16.  Is the body well nourished and vigorous or emaciated and feeble?

17.  Is it stout, ;thin, or decomposed?

18.  Height by mesuring from head to feet.

19.  Distinguishing marks—Position and appearance of moles, scars, etc.

20.  Apparent cause of death.

To be made out on separate sheets of papers.

21.  Are there any circumstances or rumours tending to show that deceased killed himself

22.  Description of each article found on body to be labeled and sealed).

23.  Description of each article found near body (to be labelled and sealed).

24.  Sketch plan of the place where body was found.

25.  Signature of two or more respectable inhabitants present at investigation and of investigation officer with date and place of signing.

 

 

DETAH REPORT -  UNNATURAL DEATH BY POISONING

DEATH REPORT TO ___________________POLICE STATION ____________

1.      Was deceased in good health previous to the attack?

2.      If not in good health, what was he suffering from?

3.      What medicine was he taking?

4.      What did the last Meal consist of?

5.      What was the interval between the last meal?

6.      What did the deceased last eat or drink before the commancement of the symptoms?

7.      What was the interval between the very last time he ate or drunk, and the commencement of the symptoms?

8.      What were the first symptoms?

9.      Was the thirsty?

10.  Did he complain of head ache or giddiness?

11.  Did he appears to have lost the use of his limbs?

12.  Did he sleep heavily?

13.  Did he sleep heavily?

14.  Was he at any time insensible?

15.  Did convulsions occur?

16.  Did he complain of any peculiar taste in his mouth?

17.  Did he notice any peculiar taste in his mouth?

18.  Was he sensible in the intervals between the convulsions?

19.  Did he complain of burning or ingling in the mouth and throat, or of numbness and tingling in limbs?

20.  Was there vomiting?

21.  Was there pain in the stomach?

22.  Mention any other symptoms?

23.  Mention any other symptoms?

24.  Had the deceased ever suffered previously from a similar attack?

25.  How many other persons partook of the meal of food, or drink by which the deceased is supposed to have been poisoned?

26.  How many were affected by it, and in what way?

27.  Did the deceased move from the place where the first symptoms were notice; if so, how far?

 

 

Date                                19

(Signature of two or more respectable inhabitants of the place present at the investigation).

A

B

(Signature of officer conducting the inquest)

 

Name

Rank

 

 

POLICE DEPARTMENT                                       _________________DISTRICT

 

FORM TO ACCOMPANY BODY OF INJURED PERSON SENT FOR MEDICAL EXAMINATION

 

 

1.      Name of injured jor deceased person, parentage, caste, residence and condition of life.

 

2.      Sex and supposed age.

 

Report of Police Officer:-

(a)    Description of any injuries or marks of violence received, wounds and bruises, position, length and breadth.

(b)    Brief report by despatching police officer stating the manner in which the injuries or death is supposed to have been caused.  If by poison, the poison suspected to have been used.

(c)     Date and hour it was administered, and date and hour of commencement jof symptoms, the date and hour of death, and the nature and duration of treatmnet adopted by the police or friends of the deceased/

 

3.      Brief report and opinion in simple language dictated by the medical officer and followed by his initials:-

(a)    as to the means by which the injuries were caused.

(b)    In the case of injuries, poisoning not causing death, the extent or the injuries or sickness, and, in the latter case, the nature of the poison ascertained or suspected.

(c)     In the case of death  (1)  Whether death by violence in ascertained and cause of death and (2)  Whether death is suspected from poisoning, the poison ascertained or suspected.

 

 

 

 

 

 

 

            The following kinds of hurts only are designated as ‘grievious’ as  stated in Section 320, Indian Panel Code:-

 

 

First                                       :                       Emasulation.

 

Secondly                              :                       Permanent privation of the sight of either

                                                                       eye.

 

Thirdly                                 :                       Permanent privation of the hearing of either

                                                                       ear.

 

Fourthly                               :                       Privation of any member of joint.

 

Fifthly                                   :                       Destruction or permanent impairing of the

                                                                       powers of any member of joint.

 

Sixthly                                  :                       Permanent disfiguration of the head or face.

 

Seventhly                             :                       Fracture or dislocation of a bone or tooth.

 

Eightly                                  :                       Any hurt which endangers life or which

                                                                       causes the sufferer to be during the space of

                                                                       twenty days, in severe bodily pain, or unable

                                                                       to follow his ordinary pursuits.

 

 

Add the following on the back of Police Rule Form No. 25.39—Injury Report Form:-

INFORMATION REGARDING ANIMAL POISONING

 

POLICE DEPARTMENT                                             ________________DISTRICT

 

F.I.R. No. _________Dated ____________Section _________Police Station __________

 

Points to be specially noted

1.  Class of animal (horse, buffalo or bullock etc.)

1.

2.  Age and general condition previous to poisoning.

2.

3.  The symptoms after the poison was given or before death.

3.

4.  How long after feeding the symptoms were in coming on?

4.

5.  What the prominent symptoms were?

5.

6.  How long the animal lived after the symptoms made their appearance?

6.

7.  What poison was supposed to have been used?

7.

8.  Appearance presented by the carcass after death.

8.

9.  Any other particulars likely to be of value.

9.

 

 

Date ___________________

______________________19                        Officer-in-charge of Police Station

BILL FOR EXPENSES INCURRED IN MAINTAINING

CATLE DURING INVESTIGATION

 

POLICE STATION ____________________        ______________DISTRICT

 

            Bill No.

 

Case First Information Report No. _____________dated: __________19

1

2

3

4

5

Date

Name and address of payee

Number and date of case diary

Full detail and the rate of the amount to be paid

Amount

 

 

 

 

Rs.              Up.

(To be drawn by hand)

Total (in words) Rs. __________________

Station ____________________________

Date _______________________________

 

FORM No. 25.54(1)

CASE DIARY

 

POLICE STAION _____________________           _____________________DISTRICT

 

            First Information Repot No.           Of 19               Case Diary No.

            Date and place of occurrence                                 Time and date of receipt

                                                                                                In Police Station.

                                                                                                Time and date of despatch

                                                                                                From Police Station.

 

 

Offence:-

 

Date (with hour) on which action was taken

Serial No.

Of report

Record of Investigation

 

 

 

 

CASE DIARY – CONTINUED

 

 

 

 

FORM No. 25.56(1)

CHARGE SHEET

 

District ________________Charge Sheet No. __________ dated______19_______. Police Station _______________ Infirst information No. __________ dated: ________.

 

1

2

3

4

5

6

7

 

 

Name and Address of Accused persons sent for trial

 

 

 

Name, address and occuption of complainant or informant

Name and addresses of accused persons not sent up for trial, whether arrested or not arrested, including absconders, (show absconders in red ink)

In Custody

On bail or recognizance

Property (including weapons) found, with particulars of where, when and by whom, found and whether forwarded to Magistrate

Names and addresses of witness

Charge of information:-  Name and offence and circumstances connected with it, and under what section of the law charged.

Despatched at A.M./P.M. on __________19

Signature of investigating officer

FORM No. 25.57(02)

FINAL REPORT UNDER 173, CRIMINAL PROCEDURE CODE

District ________________Final report No. __________ dated__________19_______. Police Station _______________ Infirst information No. __________ dated: ________.

 

1.      Name and address of complainant or informate.

2.      Nature of charge or complaint.

3.      Description of property stolen, if any.

4.      Name and address of accused persons, if any.

5.      If arrested, date and hour of arrest.

6.      Date and hour of release and whether on bail or recognizance.

7.      Property (including weapons) found with particulars of where, when and by whom, found and whether forwarded to Magistrate.

8.      Brief description of information or complaint, action taken by police with result, and reasons for not proceeding further with investigation.

 

 

Despatched at A.M. P.M. on ________________19

 

Signature of investigating officer.

 

N.B. – The Magistrate should record his order on the back

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER XXVI.-ARREST ESCAPE AND CUSTODY.

 

 

26.1.        General powers of arrest-Section 54, Code of Criminal Procedure, authorizes any police officer to arrest without a warrant any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion police to arrest without a warrant, is how ever permissive and not obligatory. Whenever escape from justice or inconvenient delay is likely trestle from the police failing to arrest they are bound to do so; but in no other cases. The law allows a police officer to apply to a Magistrate for a warrant or summons instead of making the arrest immediately, and this discretion shall be exercised whenever possible expedient.

26.2.        Power to defer arrest- If the fact that suspicion rests upon particular person has been kept secret, and there is no risk of his absconding, the police shall defer making the arrests until the investigation is sufficiently complete; but if any inter absconding, and the facts justify arrest, the police shall arrest him and shall not interfere with his liberty unless they arrest him.

 

26.3.        Search of persons under arrest—(1) All person arrest by the police and not admitted to bail shall , as soon after arrest as possible, be thoroughly searched; in the case of females such search shall be conducted by a woman and shall in all cases be conducted with due regard to decency.

 

An inventory of all articles taken in to custody  by the Police from such

persons under Section 51 of the Criminal Procedure Code shall be prepared in duplicate by the carbon copying process and the carbon copy thereof shall be sent forthwith to a Magistrate as required by Section 523 of the said Code.

 

(2).       Every prisoner in police custody shall be searched on first admission to an on every occasion when he is re-admitted to a lock-up after being taken any where  beyond the precincts of the police station. Sweepers, bhishtis and every other person other than a police officer having access to a lock-up shall be searched before entering and on leaving. The searching of women shall be done by a woman.

 

(3).       Solders in police custody shall not be deprived of their shoulder titles, badges or rank and medal ribbons but medal ribbons but medals shall be taken in to safe custody. Sikh prisoners shall be permitted to retain their karas and Hindus their seared threads.

 

26.4.    Lock ups-(1)  Outside every lock-up which is guarded by the police shall be displaced a notice showing, in English and Urdu the maximum number of prisoners which the lock-up is authorised to accommodate. He authorized number shall never be exceeded; any excess shall be accommodated in a convenient building under an adequate guard or transferred to the nearest available lock-up.

 

(2)The door of a lock-up shall not be opened except in the presence and by the direct order of the officer commanding the guard, who shall take all possible precautions to prevent a rush or escape. When the circumstances of the use of a particular lock-up are such that prisoners are constantly being admitted or removed, special standing orders for the safe conduct of the operation shall be framed by the Superintendent of Police and included in the standing orders for the guard over such lock-up .       

(3)When it is necessary to keep prisoners in a lock-up which is in an insecure state all male prisoners, who would , under the provisions of rules 26.22 and 26.23, be liable to be handcuffed under escort, shall be handcuffed while confined in such lock-up.   

(4)Every under-trail prisoner in the lock-up unable to provide himself with sufficient bedding shall be supplied with such beddings as may be necessary.

Ordinarily 1 blanket and 1 munj or bhabhar mat shall be issued to each prisoner in the summer. In the winder 3 blankets shall be issued for each prisoner . For this purpose a sufficient supply of blankets and munj or bhabhar mats shall be obtained from the District Magistrate and maintained for use in lock-ups. Blankets and mats shall not be stored in lock-ups and issued when required.

Private bedding may be supplied by relatives or friends of the prisoner. All such bedding shall be carefully examined by the Police Officer in charge who shall return the same when the prisoner is released or remanded to judicial custody. When private bedding is suppli9ed a report to this effect shall be entered in the station daily diary.

Jail rules permit the use of beds and provide for special sanitary and bathing facilities for A and B class convicts . Such facilities are not available in all Police Stations, but they should be provided for better class prisoners in Police custody so far as is possible. Endeavours should be made to confine better class prisoners in Police Stations which possess amenities of this kind and to segregate better class from ordinary prisoners”.

 

(5)An allowance for a sweeper and bhishti for each lock-up will be made by the Jail Department.

 

26.5.  Warrants to be taken out when wanted persons abscond.—Permissive authority is given to the police to arrest without warrant in certain cases in order that they may not be handicapped by having to obtain a Magistrate’s warrant under Section 204. Code of Criminal Procedure, when the arrest of a criminal or suspect who is present before them is urgent. The law provides, however, no penalty for merely evading arrest by a police officer, though it penalizes resistance to , or escape from , such arrest. On the other hand the law does provide severe penalty or recalcitrance to an order in the form of a warrant by a Court , entirely. Respective of the evidence of the guilt of the person against whom the warrant is issued. For merely evading obedience to a warrant of arrest, a man is liable to proclamation and the confiscation of his property and any one who harbors him, as defined in Section 52-A of the Indian Penal Code, can also be severely punished. Whenever , therefore, a person is wanted, whose whereabouts are not immediately known, the notice shall, before setting off in search of him, obtain a warrant of arrest from the Court having jurisdiction . Unsuccessful search without such a warrant is merely waste of time. On the other hand immediately it is found that, in spite of all reasonable effort, a warrant cannot be executed, a proclamation order under Section 87, Criminal Procedure Code, can be obtained and, on proclamation being dully carried out, attachment under Section 88, Criminal Procedure Code, can immediately follow, and connivance by any person at the continued absconding of the person proclaimed becomes punishable under section 216, Indian Penal Code.

 

Note.—Under Section 200, Clause (QQ) , Code of Criminal Procedure read with Section 204. Code of Criminal Procedure, a Police Officer can obtain a warrant on a written complaint.

26.6.    Illness of persons under arrest. – When a person in police custody is suffering from any illness or injury at the time of arrest , or becomes ill or sustained injury while in such custody such a person shall be medically examined at the earliest opportunity so that the nature and cause of the illness or injury may be ascertained and proper treatment given.

 

26.7.        Identification of accused. – (1) Whenever there is doubt as to the correctness of a statement made by an arrested person regarding his identity, residence or antecedents, an attestation certificate in Form 26.7(1), shall at once be despatched to the officer in charge of the police station in the jurisdiction of which such person claims to be resident; such officer shall immediately make, or cause to be made, all necessary inquiries, and shall ascertain if such persons name is entered in the Village Conviction Register. The certificate shall be returned completed with as little delay as possible and shall be attached to the chart-sheet . This form of attestation certificate shall be used whether the person arrested states he is a resident of the police station in which arrested, or of some other police station, and whether or not a search slip is despatched to the Finger Print Burea

 

(2)Detailed orders regarding the preparation of search slips and the finger print system are published in the Police Finger Print Bureau Manual.

 

26.8.    Report of arrest. – (1)Under Section 62, Code of Criminal Procedure, an officer in charge of a police station is required to report to the District Magistrate, Sub-Divisional Magistrate, or such other Magistrate as the District Magistrate may direct, all arrests without warrant made by himself or in his jurisdiction.

 

(2)Reports of such arrests shall be made in Form 26.8(2) whether the person arrested has been admitted to bail or not and may be sent by post.

 

26.9.    Arrest on a telegram.—(1)In any case in which he has jurisdiction to arrest, a police officer shall take action on a telegram from a police officer or Magistrate requiring him to arrest a person for a cognizable offence, but when such telegram is received from a private person he shall not arrest unless the particulars given cover a cognizable offence and afford reasonable that the person to be arrested is the offender.

 

(2)If a telegram is received by a police officer requesting him to arrest a person for an offence which appears to such police officers to be non-cognizable he shall lay information before a Magistrate having jurisdiction with a view to the issue of a summons or warrant.

 

If such Magistrate declines to issue a summons or warrant the orders of the District Magistrate shall be sought.

 

(3)A police officer who dispatches a telegram to another police officer requesting him to arrest a person without warrant shall be responsible that the information in his possession is sufficient to justify, and that the police officer addressed has jurisdiction to make such arrest.

 

In all such telegrams suthcient particulars shall be given of the person to be arrested and the offence of which he is accused.

 

26.10.  Co-operation with Police of Indian States.—(1) The procedure for securing the arrest and extradition of offenders in Indian States who are accused of having committed offences in British India is prescribed in Punjab Government Consolidated Circular No. 20. The India Extradition Act XV of 1903 governs arrests and extradition from British India to Indian States. Detailed instructions regarding the extradition of criminals and foreign jurisdiction and the application of the Indian Extradition Act are contained in Chapter 16 Volume III, Rules and Orders of he H9igh Court of Judicature of Lahore.

 

(2)The powers of pursuit of offenders conferred by Section 58, Criminal Procedure Code do not cover pursuit into the territory of and Indian State; established custom and usage in respect of the relations between the British Government and such States, however, permits such pursuit, and requires the authorities of the States concerned to render all opposable assistance in investigating cases, following up offenders and effecting their apprehension and detention pending the grant of extradition. Reciprocal arrangement have, however, been made with Jammu-Kashmir, Patiala, Jind, Nabha, Kapurthala, Faridkot, Malerkotla and Bikaner and these have been embodied in rules framed by the Governor-General in Council under the Indian Extradition Act and Stead in Foreign and Political Department Notification No.107-I, dated the 24th February, 1932, which appears as Appendix 26.10(2) of these rules. Officers of the Punjab Police entering Indian State territory in pursuit of offenders, or for purposes connected with an investigation, shall invariably inform the nearest police or other official of the State and summon him to their assistance at the earliest possible moment, and, pending the arrival of such assistance shall take only such action as is necessary to prevent the escape of offenders or the removal of stolen property. Though the right of pursuit is recognized by convention, no rights of search ar arrest vest in police officers as such beyond the limits of British India. Searches for and arrests of persons and searches for property must, therefore, be carried out by the State police having jurisdiction,acting on the request of the police of British India.

 

(3)Section 54 seventhly, Criminal Procedure Code, and Rule 28 of the rules made under Section 39-A , Punjab Laws Act (IV of 1872) , confer power upon police officers, village headmen and village watchmen to arrest persons suspected of having committed extraditable offences in Indian States. These powers may be exercised upon information received from any source including the police of an Indian State. Persons so arrested shall be taken before a qualified Magistrate without delay with a view to steps being taken for extradition.

 

(4)Searches for property may be conducted only in accordance with Sections 165,166 or 96, Code of Criminal Procedure. When the police of an Indian State require such a search to be made in British India in connection with a case under their investigation, such search can only be conducted if the information is such as to warrant the police of the British District concerned opening an investigation of an offence punishable under Section 411, Indian Penal Code or any other extraditable cognizable offence or on the obtaining by the police of the district of a search warrant under Section 96, Criminal Procedure Code. Pending the receipt of such warrant the district police shall place a watch on the house to be searched and take all other necessary steps to prevent the removal of the property. State police shall not be permitted to take any such action independently of the police of the district concerned.

 

(5)General Rules framed by the Punjab Government and the Durbara of certain Indian States to secure co-operation between the police in adjoining jurisdictions are contained in Appendix 26.10(5). In respect of matters not covered by those rules and the preceding sub-rules, the principle that the police of Punjab Districts have no jurisdiction in Indian States and the police of such State have no jurisdiction in British Districts must be strictly followed. All action required must be taken by the police having jurisdiction. The handing over of accused persons to the police not having such jurisdiction is strictly prohibited. When it is essential for the purposes of an investigation that an accused person should be sent to any place for the purposes of investigation, he shall be taken by the police who are legally entitled to his custody, and they shall be responsible for him in every respect. The attendance of witnesses from one jurisdiction to an investigation in another cannot be enforced.

 

(6)All police officers shall at all times do all in their power to promote friendly relations and a spirit of co-operation with the police of Indian States. In the absence of such relations the limitation of jurisdiction must inevitably have harmful effects on the control of crime.

 

(7)Whenever the police of one jurisdiction demand assistance from the police of another they shall cause an entry to be made in the daily diary of the police station concerned.

 

26.11.  Cancelled.

26.12.  Communication with authorities outside India.—Should an occasion arise on which a police officer desires to communicate with any authority outside India in respect of the detection or apprehension of an offender he should report the facts to the Deputy Inspector-General, Criminal Investigation Department.

 

26.13.  Arrest of public servants.—Information of the intended arrest of a public servant shall , if possible, be given to such public servants immediate superior officer before the arrest is made; otherwise information shall be given immediately after arrest.

 

26.14.  Arrest of persons belonging to the Indian Army and instructions regarding Military Criminal jurisdiction.—(1) On the arrest by the police of a person subject to Military or Airforce law charged with the commission of an offence early intimation shall be sent to the Officer Commanding the unit to which such person belongs.

 

.           (2)  The general rules defining the procedure in the case of offences committed by persons subject to the Army Act or the Indian Army Act (VIII) of 1911, which can equally be tried by a court martial or a criminal court, are contained in Appendix IX of the Regulations for the Army in India Extracts from this Appendix are given in Appendix 26.14(2) of these rules.

 

            (3)  The procedure governing the delivery of an offender to the Civil Power as laid down in Regulations for the Army in India, is as follows:-

 

            “When a person subject to the Army Act commits an offence under conditions precluding trial by court martial or an offence of a grave nature, which could be equally tried by a court martial or a civil court, against the person or the property of an individual unconnected with the army, his unit commander shall at once inform the police and the nearest Magistrate and under the orders of the brigade commander the offender shall for an offence of the former class, and will ordinarily for an offence of the latter class, be handed over to the Civil Power for trial. After a person, subject to the Army Act, accused of an offence such as is referred to in proviso (a) to Section 41 of the Army Act, has been handed over to the Civil Power for trial, the competent authority (see Appendix IX, Part-II) may instruct the Advocate General to apply to the High Court for the committal or transfer of the case to the High Court under Section 526-A of the Code of Criminal Procedure, 1898. (Paragraph 227 Regulations for the Army in India).

 

26.15.  Detention of sarwan or camel of a camel cadre. – Cases of detention by the police of a sarwan or of a camel belonging to a camel cadre shall be reported by the officer in charge of the police station to the Commandant or nearest Indian officer of the cadre within 12 hours, the reason for such detention being given.

 

26.16.  Arrest of deserters.—(1) Any police officer may, without an order from a Magistrate, arrest any person reasonably suspected of being a deserter from His Majesty’s Army, Navy or Air Force.

 

            (2)        A European deserter shall, if possible, be arrested by a European police of ficer, otherwise by a sufficient number of Indian police officers to discourage opposition.

 

            (3)        If a sufficient escort can be given and the deserter proceeds quietly he shall not be handcuffed.

 

            (4)        Deserter shall not be taken unnecessarily through crowded streets bazaars and thoroughfares.

 

            (5)        Upon arrest a European deserter shall be brought before a Justice of the Peace—(Sections 154(1) and 190(35)(d) of Army Act and Section IX of Deserters from the Navy Act 10 and 11 Vict,. C.62). An Indian deserter should be brought be fore the nearest Magistrate or the nearest Military Commanding Officer when no Magistrate is readily accessible. All deserters shall, as soon as possible after arrest, be handed over to military custody.

 

            (6)        A register of deserters in English in Form 28.16(6) shall be maintained by the head clerk in the office of each Superintendent of Police (See also Rule 22.54).

 

            (7)        Descriptive rolls of deserters shall, if necessary, be published in the Criminal Intelligence Gazette in Form No.26.16(7).

 

26.17.  Arrest on warrants under Gambling Act.—Warrants issued under Sections 5, Act III of 1867, shall be executed or if not executed, shall e returned to the Magistrate or Superintendent who issued it, within a period of not more than 15 days from the date of issue. The Magistrate or Superintendent will then cancel the warrant, but a fresh warrant can be immediately applied for or issued, if necessary.

 

26.18.  Arrest of civil prisoners.—Under the provisions of Section 225-B, Indian Penal Code, the police are bound to arrest a civil prisoner who offers any resistance or illegal obstruction to his lawful apprehension, or who escapes or attempts to escape from lawful custody when such resistance, obstruction escape or attempt to escape is an offence. 

 

26.18-A.          Arrest of women.—(1) All arrests of women whether without warrant or with a warrant bailable or non-bailable shall be carried out by police officers not below the rank of assistant Sub Inspector of police or, when no such officer can be made available by a head constable in presence of responsible male relatives and village or town officials. Such arrests shall be specially reported in the manner prescribed in police Rule 24.12 and, when the arrest has been made by an officer or rank lower than assistant Sub Inspector, the reason shall be clearly explained Superintendents of Police shall forward special reports as required by police Rule 24.15, and a copy shall be sent to the Deputy Inspector General of Police. Criminal Investigation Department, Punjab in those cases only in which the women is not sent to judicial custody or released on bail immediately. Where bail is admissible the woman should not be detained longer that is necessary for the production for the bond or sureties. No applications for remand to police custody shall be made without the special order of gazetted officer.

 

 

            (2)        No women in police custody shall be lodged even for a night in a police station except in unavoidable circumstances. They shall be placed a t once before a Magistrate for remand to judicial custody, except where a remand to police custody is necessary and has been obtained in accordance with (1) above. Women remanded to judicial custody shall be immediately transferred to headquarters or properly equipped sub divisional female judicial lock-ups. All remands to judicial custody shall be reported immediately to the District Magistrate. The gazetted officer supporting an application for remand to police custody shall be responsible for the taking of necessary measures for the same and decent custody of the prisoner. Where women in police custody have to be escorted about for the purpose of investigation the officer in charge of the police party shall not be below the rank of assistant Sub Inspector, provided that, when no Assistant Sub Inspector is posted to the police station concerned, a head constable may be placed in charge of the escort.

 

            (3)        Women attending police investigations and enquiries as distinct from the those under arrest shall on no account be detained in police stations or with the police any longer than is necessary for the record of the information which they are willing to give. In no case shall they remain with the police between sunset and sunrise. If it is necessary to take a woman witness about the countryside for identification, etc. she shall be accompanied by a responsible male relative or her zaildar, sufedposh, lambardar, mohalladar or other respectable made neighbor. Gazetted officers hearing and passing orders, on such cases shall take such steps as are necessary to ensure that the above orders are scrupulously observed.

26-19.  Arrest of drunken persons… A drunken person may only be arrested by a police officer in a road, street or thoroughfare, in a town or notified area to which Act V of 1861 applies and only when such person is drunk within the view of the police officer an behaves so as to cause obstruction, inconvenience, annoyance, risk, danger or damage to residents and passengers.

26-19A. Stoppage of trains at non-stop stations to arrest persons… On rectipt of a requisition, in writing from a Magistrate or a police, not below gazetted rank a train shall be stopped by a station master at a station at which it is not booked to stop, with a view to effecting the arrest of a person or persons travelling by it. Such requests shall be made only in special and urgent cases [Authority: Railway Board Letter No.3334T, dated 29th July, 1932].

26-20.    Transfer of arrested persons…(1) If a police officer lawfully arrests a person, without warrant, in a district in which the investigation, enquiry and trial cannot be held, and the offence is non-bailable or such person cannot give bail, he shall take or send such person before the District Magistrate or 1st Class Magistrate having jurisdiction over the area and obtain an order for the transfer of the prisoner to the district in which the offence was committed.

(2) No accused or convicted person shall be taken in custody from one district to another or from one province to another, except under the written order or warrant of the Magistrate or other lawful authority directing such transfer.

26-21.  Bail and recognizance..(1)   When a person accused of a bailable offence can give good and sufficient bail the police shall accept it unless the law required such person to be brought before the Magistrate having jurisdiction.

(2)        An officer in charge of a police station is empowered under Section 497(1), Code of Criminal Procedure to release on bail a person accused of a non-bailable of fence (not punishable with death or transportation for life) whom he has arrested or detained without warrant. These powers are permissive and not obligatory an should be exercised with caution. The police officer must satisfy himself that the release on bail is not likely unduly to prejudice the prosecution or to be followed by the absconding of a person prima facie guilty.

(3)        An officer in charge of a police station shall, in accordance with Section 497(2), Code of Criminal Procedure at any stage of an investigation release on bail or recognizance a person accused of a non-bailable offence when it appears that there are not reassonable grounds for believing that a non-bailable offence has been committed by him, although sufficient grounds may exist for further investigation.

(4)        Before any person is released on bail or recognizance due regard should be paid to the provisions of Section 498 and 499, Code of Criminal Procedure.

(5)        In every case of release on bail or recognizance, whether under Section 169 or Section 497, Code of Criminal Procedure, full reasons shall be recorded in a case diary, and the police officer concerned shall preserve the bound [Form 26-21(5)] until it is discharged either by the appearance of the accused person or by the order of a competent court.

(6)        No police officer has power to re-arrest an accused person who has been released on bail under Section 497, Code of Criminal Procedure. When re-arrest is deemed necessary, the police shall apply to a competent court for the cancellation of the bail bond and the issue of a warrant in accordance with the provisions of Section 497(5) Code of Criminal Procedure.

26-21A. Classification of under-trial prisoners… Under trial prisoners are divided into two classed based on previous standard of living. The classifying authority is the trying court subject to the approval of the District Magistrate; but during the period before a prisoner is brought before a competent court, discretion shall be exercised by the officer in charge of the Police Station concerned to classify him as either ‘better class’ or ‘ordinary’. Only those prisoners should be classified provisionally as ‘better class’ who by social status, education or habit of life have been accustomed to a superior mode of living. The fact, that the prisoner is to be tried for the commission of any particular class of offence is not to be considered. The possession of a certain degree of literacy is in itself not sufficient for ‘better class’ classification and no under-trail prisoner shall be so classified whose mode of living does not appear to the Police Officer concerned to have been definitely superior to that of the ordinary run of the population, whether urban or rural. Under-trial prisoners classified as ‘better class’ shall be given the diet on the same scale as prescribed for A and B class convict prisoners in Rule 26-27(1).

 

            26.22   Conditions in which handcuffs are to be used – (1) Every male person falling within the following category, who has to be escorted in police custody, and whether under police arrest, remand or trial, shall provided that he appears to be in health and not incapable of offering effective resistance by reason of age, be carefully handcuffed on arrest and before removal from any building from which he may be taken after arrest:-

 

(a)               Persons accused of a non-bailable offence punishable with any sentence exceeding in severity a term of three years’ imprisonment.

(b)               Persons accused of an offence punishable under Section 148 or 227, Indian Penal Code.

(c)                Persons accused of, and previously convicted of, such an offence as to bring the case under Section 75, Indian Penal Code.

(d)              Desperate characters.

(e)               Persons who are violent, disorderly or obstructive or acting in a manner calculated to provoke popular demonstration.

(f)                 Persons who are likely to attempt to escape or to commit suicide or to be the object of an attempt at rescue. This rule shall apply whether the prisoners are escorted by road or in a vehicle.

 

(3)               Better class under-trial prisoners must only be handcuffed when this is

regarded as necessary for safe-custody when a better class prisoner is handcuffed for reasons other than those contained in (a), (b) and (c) of sub-rule (1) the officer responsible shall enter in the station Daily Diary or other appropriate record his reasons for considering the use of handcuffs necessary.

 

            Note – For the definition of better class prisoner see Rule 26.21-A.

 

            26.23   Conditions in which use of handcuffs may be dispensed with – (1) Prisoners shall not be handcuffed while confined in a lock-up except as provided in Rule 26.4(3).

 

            (2) The handcuffs of prisoners in court shall be removed only as provided in Rule 27.12(2).

 

            (3) A prisoner who is charged only under section 124-A or 153-A of the Indian Penal Code shall not be handcuffed unless he is already undergoing sentence or the officer commanding the escort has definite reason for believing that such prisoner comes within the category described in Rule 26.22(e) or (f).

 

            26.24   Security of handcuffs – When handcuffs are used, the senior officer present shall be responsible that the fit properly and that the prisoner cannot get at the key.

 

            26.25   Arrest of sick or wounded persons – (1) If wounded, or seriously ill, and in need of medical attendance, a person accused of a non-bailable offence, or unable to furnish bail in a bailable offence, shall, if possible, be conveyed to the prison hospital at the district headquarters or to a neighbouring dispensary.

 

            (2) The police shall take measures to ensure his safe custody in hospital and the Magistrate having jurisdiction shall be asked to grant a remand, and, if necessary, to examine such person.

 

            (3) If such person cannot be moved without risk of his life, the Magistrate having jurisdiction shall be asked to record his statement at the place where he is lying.

 

            26.26   Production of accused before Magistrate within 24 hours – (1) The case of an accused person sent in custody for trial shall be brought before the Court having jurisdictions soon as possible after the arrival of the accused person at the station at which the court sits.

 

            (2) In no case shall an accused person arriving in custody on a close holiday, or after the courts have risen, be place in the placed in the police lock-up for more than 24 hours.

 

            If the second day after arrival is a close holiday application for remand shall be made immediately.

 

            (3) If an accused person is in custody charged with an offence in which bail may be taken by the police it shall be the duty of the police to facilitate any attempt to find bail for such person.

 

            26.27   Diet of accused persons – (1) Officers in charge of police stations shall arrange for the dieting of such accused persons arrested by the police as do not provide their own diet. The sum expended on the diet of each individual shall not exceed the scale prescribed from time to time by the local Government.

 

            The police shall provide for dieting on, and from, the date of arrest to, and for, the date on which the accused is place in the Magisterial lock-up.

 

Under-trial prisoners classified as ‘better class’ shall be given the diet on the same scale as prescribed for A and b Class convict prisoners. Under-trial prisoners classified as ‘ordinary’ shall be given diet on the same scale as prescribed for ‘C’ class convict prisoners. Under-trial prisoners in either class shall be allowed to supplement this diet by private purchase through the Police authorities. The dietary prescribed for A, B and C class convict in jails is given in Appendix No. 26.27(1). It is recognised that all Police Stations may not be able to adhere strictly to the dietary laid down, but efforts should be made to approximate to it as nearly as possible. The cost should not exceed Re. 0-8-6 per diem in the case of vegetarians and Re. 0-10-3 per diem in the case of meat-eaters.

When an under-trial prisoner in Police custody is being transferred from  place to place, his dietary in transit should be approimately of the same type as that laid down in Appendix No. 26.27(1) and the cost should not exceed annas 8 pies 6 or annas 10 pies 3.

 

            (2) Diet money expended under this rule shall be recovered from the judicial Department in accordance with rule 10.109 at the time of presenting the charge-sheet. If expenditure is considerable owing to the number of persons arrested in a case, or owing to remand in police custody being granted, intermediate applications for refund, supported by an explanation of the circumstances, may be made through the prosecuting branch to the Magistrate having jurisdiction in the case.

 

            (3) All food brought for a prisoner by relatives or friends shall be made over to the police station clerk or head constable in command of the guard and shall be examined for prohibited or injurious articles. After such examination the food shall be given to the prisoner by a police officer. The person bringing the food shall have no access to the prisoner.

 

            (4) In the report in the station daily diary regarding the first admission of  a prisoner to a lock-up, it shall be state whether he is to be dieted at Government expense or by friends. In the latter case the name of the persons who undertakes responsibility for the prisoner’s feeding shall be entered.

 

            26.28   Interviews with prisoners – (1) No person shall be allowed to communicate in any way with a prisoner in a police lock-up without the permission of the officer in charge of the police station (as defined in section 4(p), Criminal Procedure Code), or written authority from a judicial or superior police officer.

 

            (2) Authorised interviews shall take place in the presence and hearing of the police sentry and the interviewer shall stand sufficiently far form the bars of the lock-up to prevent physical contact or the passage of prohibited articles between him and the prisoner. When a lawyer wished to consult and advise a prisoner confidentially as to the conduct of his case, the prisoner may be removed from the lock-up and allowed to sit apart with his lawyer, but within the precincts of the police station and in the sight of the sentry. At the conclusion of such an interview the prisoner shall be searched as prived in sub-rule 26.3(2).

 

            26.29   Orders to be hung up outside lock-ups  – A printed copy, in English and Urdu, of Rules 26.3, 26.27 and 26.28 shall be hung up outside every police lock-up as a standing order for sentry and for the information of the public.

 

            26.30   Diet and expenses of witnesses  – The instructions regarding the advancing of diet money and travelling expenses to witnesses contained in Rule 27.28 shall be strictly followed in all police stations.

 

            26.31   Details in police custody – (1) When any person dies while in the custody of the police, the officer in charge of the guard, escort or police station, as the case may be, shall make an immediate report of the fact to the nearest Magistrate empowered to hold inquests (Section 176, Code of Criminal Procedure).

 

            (2) For the purpose of this rule, a prisoner in a magisterial lock-up is considered to be in the custody of the turn key and a prisoner in prison or prison camp in the custody of the jailor.

 

            26.32   Identification of suspects – (1) The following rules shall be strictly observed in confronting arrested suspects with witnesses who claim to be able to identify them.

 

(a)        The suspects, who are to be subjected to an identification parade, shall be informed about it at the time of their arrest to enable them to take necessary precautions by way of keeping their faces covered and a request shall be made to the Magistrate to record a note in the remand papers regarding such precautions having been taken by them so as to eliminate any subsequent objection by the suspects that they had been shown to the witnesses before the identification parade was held. The proceedings shall be conducted by a Magistrate or, if no Magistrate is available and the case is of great urgency then, by Sarpanch who may summon one or two independent and literate, if possible, persons of reliable character, not interested in the case to assist him and to certify that the identification has been conducted under conditions precluding collusion. Such proceedings shall not be conducted by a Police Officer. The Police Officer concerned  before inviting a Sarpanch to conduct the proceedings must ensure that the Sarpanch is not biased or intrested in or against the accused or suspect and that he understands the rules of the proceedings. Every effort should be made to secure the presence of a Magistrate and services of Sarpanch only secured when absolutely necessary. In the absence of a Sarpanch, a Lambardar may be invited to do the needful.

 

(b)               Arrangements shall be made, whether the proceedings are being held inside a jail or elsewhere, to ensure that the identifying witnesses shall be kept separate from each other and at such a distance from the place of identification as shall render it impossible for them to see the suspects or any of the persons concerned in the proceedings, until they are called up to make their identification.

 

(c)                Identification shall be carried out as soon as possible after the arrest of the suspects.

(d)              The suspects shall be placed among other persons similarly dressed and of the same religion and social status, in the proportion of 8 or 9 such persons to one suspect. Each witness shall then be brought up separately to attempt his identification. Care shall be taken that the remaining witnesses are still kept out of sight and hearing and that no opportunity is permitted for communications to pass between witnesses who have been called up and those who have not. It is desired, through fear of revenge or for other adequate reasons, that witnesses shall not be seen by the suspects, arrangements shall be made for the former, when called up to stand behind a screen or be otherwise placed so that they can see clearly without being seen.

The results of the tests shall be recorded by the Magistrate or other persons conducting the test in Form 26.32(1)(c) as each witness views the suspect. On conclusion, the Magistrate or the Sarpanch or the Lambardar and the witnesses, if any, shall sign the form and certify that the test has been carried out correctly and that no collusion between the police and witnesses or among the witnesses themselves was possible. It is advisable that, whenever possible, an independent and reliable person, un-connected with the Police, should be present throughout the proceedings at he place where the witnesses are kept, and should be required to devote his attention to the prevention of collusion. It is important that once the arrangements for the proceedings have been undertaken, no police officer whatsoever shall have shall have access whatever either to the suspects or to the witnesses.

 

            (2) Proceedings of the nature described above are extra-judicial. It is not the duty of the officer conducting them or of the independent witnesses to record statements or cross-examine either suspects or identifying witnesses, but they should be requested to question the latter as to the circumstances in which they saw the suspects whom they claim to identify, and to record the answer in column 4 of the form. While every precaution shall be taken to prevent  collusion, the identifying witnesses must be given a fair chance, and conditions must not be imposed, which would make it impossible for  a person honestly capable of making an identification to do so. In this connection attention is invited  to paragraph 814 of the Punjab Jail Mail, which strictly prohibits the alternation in any way to he personal appearance of unconvicted prisoners, so as to make it difficult to recognise.

 

 

APPENDIX No. 26-10(2)

RULES FOR THE PUSUIT AND ARREST IN BRITISH INDIA OF

PERSONS ACCUSED OF OFFENCES COMMITTED IN INDIAN STATES.

 

Foreign and Political Department Notification No. 107 – 1, dated New Delhi,

the 24th February, 1932.

 

 

In exercise of the powers conferred by section 22 of the Indian Extradition Act, 1903 (XV of 1903), and in supersession of the notification of the Government of India in the Foreign and Political Department, No. 505-I, dated the 13th August, 1931, the Governor-General in Council is pleased to make the following rules to provide for the pursuit and arrest in British India of persons accused of offences committed else where:-

 

 

            1.         When a person accused of having committed in a  State specified in the first schedule hereto, an offence which, if committed in British India, would be punishable under a section of the Indian Penal Code specified in the second schedule hereto, enters British India with members of the police force of that State in pursuit, the pursuing party may, subject to the provisions hereinafter contained, continue to pursuit into, and arrest the fugitive in British India.

 

            2.         The authorization conferred by Rule (1) shall not be operative unless --

 

(a)               the pursuing party includes at least one officer holding in the State police force a rank not lower than the rank corresponding with that of a head constable of police in British India, and

(b)               the circumstances are such that an application for the continuance of the pursuit and the effecting of the arrest by the British Indian police would prejudice the prospects of effecting the arrest of the fugitive.

 

3.         If, when the pursuing party has continued the pursuit into British India under the authority to clause (b0 of rule 2, it becomes possible to communicate with the British Indian Police before the fugitive has been arrested and without prejudice to the prospects of effecting his arrest, the pursuing party shall forthwith communicate with the British Indian Police.

 

            4.         A person arrested by the State Police under the authority of these rules shall forthwith be conveyed to the nearest place in which an officer of the British Indian Police is known to be and shall be handed over to the British Indian Police in that place.

 

 

 

 

FIRST SCHEDULE.

 

            Part A. – States permanently included in the Schdule.

 

1.                  Hyderabad.               4.         Gwalior.

2.                  Mysore.                      5.         Sikkim.

3.                  Kashmir.                    5-A.     Baroda.

 

 

Central India.

 

6.         Indore.                                   17.       Bijawar.

7.         Bhopal.                      18.       Baoni.

8.         Rewa.                         19.       Chhatarpur.

9.         Nagod.                                   20.       Dewas Senior Branch.

10.       Maihar.                      21.       Dewas Junior Branch

11.       Orchha.                      22.       Jaora.

12.       Datia.                          23.       Sitamau.

13.       Samthar.                     24.       Sailana.

14.       Panna.                                    25.       Rultlam.

15.       Charkhari.                 25-A.   Dhar.

16.       Ajaigarh.                    25-B.   Barwani.

 

 

                                    Rajputana.

 

26.       Alwar.                                    30.       Kotah

27.       Bikaner.                     31.       Jaipur.

28.       Bharatpur.                 32.       Jodhpur.

29.       Dholpur.                    33.       Tonk.

 

                                    Punjab.

 

34.       Patials.                                   37.       Kapurthala.

35.       Jind.                            38.       Sirmoor.

36.       Nabha.                                   39.       Malerkotla.

                                                40.       Faridkot.

 

 

                                    States of Western India.

 

 

41.              Cutch.                         61.       Lathi.

42.              Junagadh.                  62.       Muli.

43.              Nawanagar.               63.       Virpur.

44.              Bhavanagar.              64.       Malia.

45.              Porbandar.                65.       Kotda-Sangani.

46.              Dhrangadhra.                        66.       D.S. Vala Mula Suraj

47.              Palanpur.                               of Jetpur.

48.              Radhanpur.               67.       D.S. Vala Rawat Ram

49.              Morvi.                                                Of Bilkha.

50.              Gondal.                      68.       Patdi.

51.              Jafrabad.                    69.       Tharad.

52.              Dhrol.                         70.       Wao.

53.              Limbdi.                      71.       M.S. Jorawarkhanji’s

54.              Wadhwan.                             State Varahi.

55.              Lakhtar.                     72.       Thana areas and the

56.              Vala.                                       Civil Stations of

57.              Jasdan.                                               Wadhwan and Rajkot in the

58.              Manvadar.                             Western India States

59.              Thana Devli.                         Agency.

60.              Vadia.

 

Madras.

 

73.       Travancore.               74.       Cochin.

                                                75.       Pudukottah.

 

                                    Bombay.

76.       Savantvadi.               95.       Surgana.

77.       Jath.                            96.       Bhor.

78.       Savanur.                     97.       Rajpipla.

79.       Cambay.                    98.       Chhota Udepur.

80.       Janjira.                                    99.       Lunawada.

81.       Kolhapur.                  100.     Sant.

82.       Mudhol.                     101.     Kadana.

83.       Sangli                         102.     Bhadarwa.

84.       Miraj (Senior).                       103.     Sanjeli.

85.       Miraj (Junior).                       104.     Jambughoda.

86.       Jamkhandi.                105.     Aundh.

87.       Kurundwad (Senior)           106.     Phaltan.

88.       Kurundwad (Junior)            107.     Akalkot.

89.       Ramdrug.                  108.     Khairpur.

90.       Idar.                            109.     Bansda.

91.       vijayanagar.              110.     Dharampur.

92.       Danta.                         111.     Jawhar.

93.       Mansa.                                   112.     Administered area comprised in the Thana

94.       Malpur.                                  Circles and Sadra Bazar.

 

                                                113.     Sankeda Mewas.

                                                114.     Pandu Mewas.

 

                                    Bengal.

 

115.     Cooch Behar.                         116.     Tripura.

 

                                    United Provinces.

 

117.     Benaras.                                 118.     Tehri.

 

 

                                    Eastern States Agency.

 

119.     Athgarh.                                 139.     Kharsawan.

120.     Athmallik.                             140.     Korea.

121.     Bamra.                                    141.     Mayurbhanj.

122.     Baramba.                               142.     Nandgaon.

123.     Bastar.                                                143.     Narsinghpur.

124.     Baudh.                                               144.     Nayagarh.

125.     Bonai.                                     145.     Nilgiri.

126.     Changbhakar.                                   146.     Pal-Lahara.

127.     Chhuikhadan.                                   147.     Patna.

128.     Despalla.                               148.     Raigarh.

129.     Dhenkanal.                            149.     Rairakhol.

130.     Gangpur.                               150.     Ranpur.

131.     Hindol.                                  151.     Sakti.

132.     Jashpur.                                 152.     Sarangarh.

133.     Kalahandi.                             153.     Saraikela.

134.     Kanker.                                  154.     Sonepur.

135.     Kawardha                              155.     Surguja.

136.     Keonjhar.                               156.     Talcher.

137.     Khiragarh.                             157.     Tigiria.

138.     Khandpara.                           158.     Udaipur.

 

 

 

 

Assam.

 

 

158-A. Cooch Behar.

158-B. Tripura.

 

            Part-B. – States included in the schedule for the period terminating on the date specified against each.

 

State                                        Date of termination.

 

Baria                                       -- 1st January, 1940.

Ali-rajpur                              -- 1st Octorber, 1940

 

 

SECOND SCHEDULE

 

 

List of sections of the Indian Penal Code.—

Section 300, 302, 303, 304, 307, 308, 311, 392, 394, 395, 396, 397, 399, 400,

401, and 402,

_____________

 

 

APPENDIX No. 26-10(5)

 

RULES FOR SYSTEMATIZING CO-OPERATIN BETWEEN THE

BIRTISH POLICE AND THE POLICE OF THE JAMMU-KASHMIR,

KAPURTHALA AND MALERKOTLA STATES.

 

1.                  The office-incharge of police station of the Jammu-Kashmir State and the above-noted States and to British police stations bordering on the State shall pay periodical visits to one another and exchanging information regarding crime and criminals, and afford every assistance to parties pursuing offenders over the border.

 

2.                  The Jumma-Kashmir State and the above-noted States shall depute the Superintendent of the State Police, or some other official engaged in the investigation of criminal matters to meet the Superintendents of Police of adjoining British Districts on the holder, twice a year, to discuss arrangement for the prevention and detection of crime, and to bring to notice any instances of neglect on the part of their subordinate police, to give prompt and efficient assistance to the party requiring it. Should any serious fault be found with any State officer in charge of the police station or other official, the Superintendent of Police shall address the State Vakil, if one exists, or the Political Secretary of the State.

3.                  With a view to keeping a check on their subordinates, the Superintendent of Police of the British district, and the Superintendent of the State Police, or other officer appointed by the State, shall send intimation to one another direct of all cases in which the subordinates of either party had occasion to call for assistance from the other.

 

4.                  Arrangement shall be made for watching the fords and ferries with a view to intercepting cattle thieves and other criminals.

 

5.                  Lists of persons residing in the Jammu-Kashmir and above-noted States who are suspected of committing offences in British territory shall be prepared by the British police, and similar lists of British subjects suspected of depredating in the Jammu-Kashmir and other above-noted territory shall be prepared by the State police.

 

6.                  In addition to the lists mentioned in 5 above lists of the names of persons of both sides of the border, who are in the habit of demanding bhunga for the restoration of stolen property shall be prepared.

 

7.                  The lists above referred to shall be revised at least once a year.

 

8.                  Every six months, lists of British subjects convicted in the Indian States shall be published in the Police Gazette, these lists will be furnished by the Jammu-Kashmir State, and other above-noted States and the Superintendent of Police of British districts concerned shall similarly furnish the Indian States direct with lists of the subjects of such States who have been convicted in British India.

 

9.                  Copies of the Punjab Police Gazette for every police station in the Jammu-Kashmir and other above-noted States will be supplied by the central Police Office, Punjab, direct to the headquarters of such States.

 

10.              Notices of proclaimed offenders and of other matters affecting the prevention and detection of crime, which the State officials desire to circular, shall be sent  direct to the office of the Inspector General of Police, Punjab, for publication in the Police Gazette.

 

11.              The Deputy Inspector General of Police, Punjab, and the Inspector General of ranged between them to discuss any difficulties experienced by the States, shall meet once a year at such place as may be arranged between them to discuss any difficulties experienced by the State in giving effect to the system of co-operation above suggested, and to arrange any points of difference which may arise between the british police and the police of the State.

 

Note. – Failure to co-operate on the part of the officials of Indian States should be brought to the immediate notice of the District Magistrate, who will, when necessary, report the matter to the Political Officer deputed to the State or to the Punjab Government, as the case may be.

______________

 

RULES FOR SYSTEMATIZING COOPERATION BETWEEN THE

BRITISH POLICE AND THE POLICE OF THE THREE

STATES OF PATIALA, NABHA AND FARIDKOT.

 

Co-operation of Police.

 

1.                  The Sub-Inspectors of the Patiala, Nabha and Faridkot States and of the British police stations bordering on those States shall pay periodical visits to one another, and exchange information regarding crime and criminals, and afford every assistance to parties pursuing offenders over the border.

 

2.                  The Superintendents of Police of the three States and of the adjoining British districts shall meet as may be arranged, at least twice a year, to discuss arrangements for the prevention and detection of crime, and to bring to notice any instances of neglect on the part of their subordinate police to give prompt and efficient assistance to the party requiring it.

 

3.                  With a view to keeping a check on their subordinates, the Superintendents of Police of the British districts and of the three States shall send intimation to one an other direct of all cases in which the subordinates of one party had occasion to call for assistance from the other.

 

4.                  Arrangements shall be made in each territory for watching roads and railway stations with a view to intercepting cattle thieves and other criminals.

 

5.                  Lists of person residing in either British or State territory who (a) are suspected of depredating in other territory or (b) are in the habit of demanding “ bhunga” for the restoration of stolen property, together with lists withness against each offender, shall be prepared by the poliec of the three State and of the adjoingin British districts. These lists should b supplemented by a brief summary of evidence agtainst the persons entered therin.

 

6.                  The lists referred to in rule 5 shall be sent once yearly before 1st November 10th Superintendents of the British districts direct by the heads of the Police Department of the three State and to the Heads of the Police Department of the three States direct by the Superintends of Police the British districts.

 

7.         Every six months lists of British subjects convicted in the three States

 

shall be published in the Police Gazette. These lists will be furnished by the Heads of the Police Departments of the three States, and the Superintendents of Police of adjoining British districts shall similarly furnish the three Sixes direct with lists of the State subjects who have been convicted in British India.

 

7.                  Every efforts shall be made by the police of eash jurisdiction to secure the

attendance in the other jurisdictions of witnesses whose evidence is required in investigations in progress therein.

8.                  Copies of the Gazette for the use of eery police station in the threeStates

will be supplied by the Central Police Office, Punjab, direct of the headquarters of the State.

            10.       Notices of offenders proclaimed for extraditable offences and other matter affecting the prevention and detection of crime, which the State officials desire to ciruclate, shall be sent direct to the Superintendents of Police of the British districts especially concerned, and shall also be sent to the office of the Inspector-General of Police, Punjab, for publication in the Police Gazette.

12.              The Deputy Inspector-General of Police, Punjab, and the administrative officers

controlling the Police Departments of the three states shall, if any of them desire it, meet once a year at such place, as may be arranged between the, to ascertain any difficulties experienced by the three States in giving effect to the system of co-opration above prescribed, and to endeavour to arrange any points of difference which may arise between the British and the State Police.

Co-operation of Magistrates.

13.       A 1st Class Magistrate deputed by the Deputy Commissioner of the district concerned and 1se Class Magistrate deputed by the State concerned shall meet once a year during the touring season at a police to be settled between them by direct correspondence with a view to taking security form the persons named in the lists referred to in rule5. The Magistrate deputed by the Deputy Commissioner of the British district shall previously issue orders to the sub-inspectors to bring before his court the persons accused in the State lists and residing in British territory, together with the witnesses, and the witnesses, and the State Magistrate shall similarly procure the presence of person named in the British lists and residing in the State, and the meeting each Magistrate shall within his own jurisdiction try such person with a view to talking security from them.

14.       At these meeting the Magistrates will discuss any pending question and will decide such as are within their powers.

 

RULES FOR SYSTEMATIZING CO-OPERATION BETWEEN THE BRITISH AND THE BAHAWALPUR STATE POLICE.

Co-operation of Police

1.                  The Sub-inspectors of the Bahawalpure State and of  the British police stations

bordering on that State shall pay periodical visits to one another, and exchange information regarding crime and criminals, and  afford assistance to parties pursuing offenders over the borders.

2.                  The Superintendent of the State Police and the Superintendent of Police of the

 British district shall meet on the border at least once a year to discuss arrangement for the prevention and detection of crime and to bring to notice any instances of neglect on the part of thei subordinate police to give prompt and efficient assistance to the party requiring it.

3.                  With a v iew to keeping a check on their subordinates, the Supernatants of Police

of the British districts and of three States shall send intimation to one another direct of all cases in which the subordinates of one party had occasion to call for assistance form the others.

4.                  Arrangements shall be made in each territory for watching the fords and ferries

with  a view to intercepting cattle thieves and other criminal.

5.                  Every six months lists of British subjects convicted in the State shall be published

in the Police Gazette. These lists shall be furnished by the Bahawalpur State, and the Superintendent of Police shall similarly furnish the State direct with the lists of the subjects of the State who have been convicted in British India.

6.                  Every effort should be made by the police of each jurisdiction to secure the

attendance in the other jurisdiction of witnesses whose evidence is requisites in investigations in progress therein.

7.                  Copies of the Gazette for every police station in the Bahgawalpur State will be

supplied by the Central police office direct to the headquarters of the State.

8.                  Notices of proclaimed offenders, and other matters affecting the prevention and

detection of crime which the State officials desire to circulate, shall be sent direct to the Superintendents of Police of  the British districts especially concerned, and shall also be sent to the office of the Inspector-General of Police Punjab, for publication in the police Gazette.

9.                  The Deputy Inspector-General of Police, Punjab and the administrative officer controlling the Police Department of the State shall , if either of them desires it, meet once a year at such place as may be arranged between them to ascertain any difficulties experienced by the state in giving effect to the system of co-operation above prescribed and to endeavor to arrange any points of difference which may arise between the British police and the police of the State.

10.              On or before December 1st in each year it he Superintendents of Police of Dera Ghazi Khan and the Bahawalpur State shall send to the District Magistrate of Sukkur or the Upper Sindh Frontier, ad the case may be, a list  of persons residing in Sindh territory who are accused of habitually committing crimes over the border or of taking or demanding money for the restoration of property stolen over the border. With this list they shall send a brief summary of the evidence against each person. The Superintendent of Police, Sukkur and Upper Sind Frontier, shall send similar lists and summaries by the same date to the District Magistrate, Dera Ghazi Khan and the Foreign Minister, Bahwalpur State.

11.              The District Magistrate of the Sukkur, Upper Sin Frontier and Dera Ghazi Khan and the Foreign Minister of Bahawalpur State shall every year, deputy a first class Magistrate to hold a court in February as near as possible to the border for the trail of the persons so accused . Magistrates on the opposite sides of the border shall arrange to hold their courts as near as possible to one another. Cases which cannot be otherwise disposed of should be discussed at meetings between the Magistrates involved, but other cases should be disposed of as promptly as possible by the Magistrate principally concerned.

12.              The police on either side of the border shall be responsible for the production of any accused person or witness, residing within their jurisdiction after due issue of warrants or summonses by the trying Magistrates.

13.              The provisions of rules 10 to 12 will also applying mutatis mutandis to the other British districts concerned and the Bahawalpur State.

 

 

RULES FOR SYSTEMATIZING CO-OPERATION BETWEEN THE BRITISH POLICE AND THE POLICE OF THE KAPURTHALA AND MALERKOTLA STATES.

 

1.                  The officers in charge of police stations of the Kapurthala and Melerkotla States and of the British police stations bordering in those States shall pay periodically visits to one another and exchange information regarding crimes and criminals, and afford every assistance to parties pursuing offenders over the border.

2.                  The Kapurthala and Melerkotla States shall depute the Superintendent of the State Police, or some other official engaged in the administration of criminal matters, to meet the superintendent of police of adjoining British districts on the border twice a year, to discuss arrangements for the prevention and detection of crime, and to bring to notice any instances of neglect on the part of their subordinate police to give prompt and efficient assistance  to the party requiring it, and should any serious fault be found with any state officer in charge of the police station or other official the superintendent to police shall address the state Vail, through the Deputy Commissioner of the district.

3.                  With a view to keeping a check on their subordinates, the superintendents of police for the British district, and the Superintendent of the State Police, or other officer appointed by the State, shall send intimation to one another direct of all cases in which the subordinates of either party  had occasion to call for assistance from the other.

4.                  Arrangements shall be made for watching the fords and ferries with a view to intercepting cattle thieves and other criminals.

5.                  Lists of persons residing in the Kapurthala and Melerkotla States who are suspected of committing offences in British territory shall be prepared by the British police, and similar lists of British subjects suspected of depredating in the above noted states territory shall be prepared by the State police.

6.                  In addition to the lists mentioned in 5 lists of the names of persons of both sides of the borders who are in the habit of demanding bhunga for the restoration of stolen property shall be prepared.

7.                  A special Magistrate and special police officer shall be deputed from the British district concerned, and from the state to make Enquirer regarding the persons mentioned in the lists alluded to in 5 and 6 above, with a view to their taking security from such persons.

8.                  The list above referred to shall be revised at least once a year and every cold weather the measures ordered in 7 shall be repeated.

9.                  Every Six months list British subjects convicted in the above-mentioned State shall be published in the Police Gazette; these lists will be furnished by States, and the Superintendent of police shall similarly furnish the Indian States direct with lists of the subjects of such States who have been convicted in British India.

10.              Copes of the Police Gazette for every police Station in the above-noted State will be supplied by the Central police officer direct to the headquarters of such States.

11.              Notices of proclaimed offenders and other matters affecting the prevention and detection of crime, which the State officials desire to circulate, shall be sent direct to the officer of the Inspect-General of Police, Punjab, for publication in the police Gazette.

12.              The Deputy Inspector-General of Police Punjab, and the Foreign Minister of the State shall meet once a year at such place as may be arranged between them to ascertain any difficulties experienced by the State in giving effect to the system of cooperation above suggested, and to Endeavour to arrange any point of difference which may arise between the British Police and the Police of State.

Note:- Failure to co-operate on the part of the officials of Indian States should be brought to the immediate notice of the District Magistrate, who will, when necessary, report the matter to the political officer to whom the State is, subordinate, or to the Punjab Government, as the case may be.

 

APPENDIX NO. 26.14 (2)

Extract from Appendix IX to the Regulations for the Army in India.

 

PART 1.

CIVIL OFFENCES COMMITTED BY PERSONS SUBJECT TO MILITARY LAW.

 

1.                  The following are triable exclusively by civil court ( except on active service etc):-

Civil offences which a court-martial is debarred form trying under the provision of the Army Act or Indian Army Act ( of Section 41, Army Act and 41, Indian Army Act)

2.                  The following should preferably be tried by civil court ( except on active service, etc.

(a)               Civil offences ( which may also be military offences e.g. thefts frauds) committed in conjunction with person not subject to military law;

(b)               Civil offences not suitable for trial by court- marital on account of the special nature of the case (e.g. complicated frauds) or on account of difficult legal technicalities being involved; and

(c)                Civil offences in which military interests are no directly involved (e.g, burglary in a civil establishment).

 

PART II

INTIATION OF CRIMINAL PROCEEDINGS IN CIVIL COUTS.

 

1.                  Criminal proceedings against persons subject to military law may be initiated by:-

(a)               the police on the complaint of a civilian or on arrest by them for a cognizable offence;

(b)               the military on reporting to the police or to Magistrate that a civil offences has been committed;

(c)                a Magistrate taking cognizance suo motu or on the complaint of a private individual.

In cases (a) and (c) the military may (I) decline to interfere with the course of the civil law or (ii) claim the accused for trial or if the offender is already in military custody, order trial, by court-martial, if the accused is legally liable thereto.

                        In case failing under (d) the military will not take any further action unless in their opinion-

(a)               the complaint is wrongly dismissed or the accused it wrongly discharged by the civil court, or

(b)               the accused is acquitted by the civil court buy tis liable on the same alleged, facts to be tried for a purely military offence for which he could not have been tried by the civil court.

In any of these cases it will be open to the military to bring the accused before During the investigation stage, the military may in suitable cases intervene, with the concurrence of the police and Magistrate and claim the accused for trial by court martial.

See also Home Department Notification  No F, 465-28, dated the

17 June, 1982, in Part III below.

 

If the case is one that must or should be tried by civil court ( vide Part I above)it should beheaded over to the civil power at the earliest possible  stage.

2.                  Criminal proceedings against person not subject to military law must be

initiated in accordance with the provision of the code of criminal procedure 1898, by report to the police or complaint to a Magistrate.

            ( The above instruction  must bot be interpreted as forbidding or discouraging that close and personal Co-operation between military and vigil officials which is essential in matters involving the discipline and welfare of the Army).

 

PART III

PROCEDURE IN CASES OF CIVIL OFFENCES COMMITTED BY PERSONS SUBJECT TO THE ARMY ACT.

 

            Home Department Notification No. F.102/35, dated the 12th March 1935.

 

In the exercise of the powers, conferred by sub-section (1) of section 549 of the Code of Criminal Procedure 1898 ( Act V of 1898), and insupersession of the Notification of the Government of  India in the Home Department , No. F/465/28, dated the 27th June 1982, the Governor-General Council is pleased to make the following rules as to cases in which persons subject to military, naval or air force law shall be tried by a court to which the said Code applies, or by a court-martial , namely:-

1.                  Where a person subject to a military, naval or air force law is brought before a Magistrate and charge with an offence for which he is liable to be tried by a court material, such Magistrate shall not proceed to try such person, or to issue orders for his case to be referred to Bench, or to inquire with a view to his commitment for trial by the Court of Session  or the High Court for any offence triable by such Court, unless—

(a)               he is of opinion, for reasons to be recorded, that he should so proceed with being moved there to by competent military, naval or air force authority or

(b)               he is moved there to by such authority.

2.                  Before proceeding under clause (a) of rule 1 the Magistrate shall give notice to the commanding officer of the accused until the expiry of a period of five days from the date of service of such notice he shall not—

(a)               acquit or convict the accused under Sections 243, 245,247 or 248 of the Code of Criminal procedure 1898,  (Act V to 1898), or here him in his defence under Section 254 o the said code; or

(b)               frame in writ in as charge against the accused under Section 240 of the said Code ; or

(c)                make an order committing the accused for trial by the High Court or the Court of Sessions s under Section 213 pr sub-Section (1) or Section 446 of the said Code; or

(d)              issue orders under sub-section (1) of Section 445 of the said Code for the case to be referred to a Bench.

3.                  Where within the period of five days mentioned in Rule 2, or at any time thereafter before the Magistrate has done any act or issued any order referred to in that rule, the Commanding Officer of the acused gives notice to the Magistrate that, in the opinion of competent military, navel or air force authority as the case may be, the accused should be tried by a court-martial the Magistrate shall stay proceedings and, if the accused is in his power or under his control, shall deliver him with the statement prescribed by Section 549 of the said Code to the authority specified in the said section.

4.                  Where a Magistrate has been moved by competent military, naval or air force authority as the case may be, under clause (b) of Rule 1, and the Commanding Officer of the accused subsequently gives notice to such Magistrate that in the opinion of such authority, the accused should be tried by a court-martial, such Magistrate, if he has not before receiving such notice done any act or issued any order referred to in Rule 2 shall stay proceedings and, if the accused is in his power or under his control, shall in the like manner deliver him, with the statement prescribed in Section 549 of the said Code to the authority specified in the said section.

5.                  Where an accused person, having been delivered by the Magistrate under Rule 3 or 4, is not tried by a court-martial for the offence of which he is accused, or other effectual proceedings are not taken, or ordered to be taken, against him, the Magistrate shall report the circumstances to the Local Government.

6.                  In these rules “competent military authority” means the Brigade Commander, “competent naval authority” means the Flag Officer Commanding Royal Indian Navy, and “competent Air Force in India”.

 

PART IV

 

PROCEDURE IN CASES OF CIVIL OFFENCES COMMITTED BY PERSONS SUBJECT TO INDIAN ARMY ACT.

 

1.                  An offence committed against the person or property of a civilian cannot as a rule be tried by court-martial.

2.                  Offences under the Indian Army Act, Sections 27(d), 35(a), (b), 39(b), (d), 41 and 42, as well as most offences under Section 31, can be tried by a court-martial or a civil court.

3.                  The procedure in a case where there is dual jurisdiction is laid down in the Indian Army Act-Sections 69 and 70; the prescribed military authority being the General Officer Commanding-in-Chief, district, brigade or station commander.

 

If the offender is in Military custody he Unit Commander  Civil Mgistrate will take steps to request the prescribed military authority to decide before which court proceedings shall be instituted; but in those cases falling under the Indain Army Act, Sections 41 and 42, in which death has resulted, the decision shall rest with the district commander or General Officer Commanding-in-Chief.

 

APPENDIX No. 26.14(3)

PROCEDURE FOR DEALING WITH BRITISH SOLDIERS FOR CIVL OFFENCES

 

            Circular Memorandum from the Adjutant-General in India to all Commands and Bumma District No. B 680/2 (A.G-8) dated Simla, the 1st August 1930.

(Copies to all formations and units having British soldiers on their strength).

 

            I am directed to draw your attention to the position of British soldiers who, having been convicted by a Civil Court for a civil offence, undergo their sentences in Civil Jails.

            This matter has been under consideration at Army Headquarters, in view of the adverse effect, which the revised Civil Jail Classification Rules may have on the welfare of such British personnnel.

            The factors, which effect the possibility of such such personnel undergoing in military prisons imprisonment awarded by Civil Courts, are as follows:-

            Although it is within the competence of  a local Government, under Section 541 of the Code of Criminal Procedure, to declare a Military Prison a place where any person liable to be imprisoned or committed to custody under the Code of Criminal Procedure shall be confined, it is not possible under the Army Act for soldiers convicted by Civil Courts to be legally received in a Military Prison constituted under Section 132 of the Act for the purpose of serving their sentences, as no power exists under Section 70 of the Army Act to make rules for carrying into effect sentences other than those awarded by Court-Martial No.Warrant of Committal similar to Form ‘C’ could, therefore, be prescribed.

            In these circumstances amendment of the Army would be necessary before the receptions into a Military Prison of British personnel sentenced by a Civil Court could be made legal under the Act.

            The question at issue has been represented to the Home authorities in the past, but alteration of the existing law has always been opposed by them.  It is not therefore proposed  to approach the Army Council at this juncture with a view to the necessary amendments to the Army Act being carried out.

            However, it is essential to safeguard British soldiers charged with civil offences, whose discharge from the Army is not applied for, from the contaminating influence of civil criminal assocated while in jail.  His Excellency the Commander in Chief therefore directs that in all cases in which British soldiers are charged with civil offences the following procedure shall be adopted.

            On receipts of information from the civil authorities that a British soldiers is charge with a civil offence the Officer Commanding the unit in which the man concerned is serving will decide at once whether, in view of the character of the accused and of the crime committed, he will, if the accused is convicted apply for his discharge from the army under King’s Regulations, paragraph 370(x).

            If the Officer Commanding decides that discharges shall not be applied for, he will claim the accused for trial by Court-Martial, unless such trial is barred by the provisions of Army Act, Sections 41(5)(a) or is inadvisable,-- vide Regulations for the Army in India, Appendix IX, part 1, paragraph 2(a) and (b).

            When the Officer Commanding decide that, if convicted, the discharge of the accused shall be applied for, he will allow the civil law to take its course and not claim the accused for trial by Court Martial.

            Application for discharge will be submitted as soon as possible after the sentence passed by the Civil Court has become absolute either by an appeal not being preferred within the period allowed by law or by the appeal being dismissed.

            Should the circumstances of civil offence committed by a British soldiers disclose the fact that the crime was probably committed with the object of the accused obtaining his discharge from the Army trial by Court-Martial will invariably be resorted to unless the crime committed falls under the restrictions quoted above.

            The adoption of the above procedure will ensure, as far as is legally possible, that soldiers, charged with civil offences whose discharge from the Army is not desired, will not be subjected to the evil influences associated with life in a civil prison.

            The attention of all officers empowered to confirm Courts-Martial is drawn to the implication contained in paragraph 652(h) of King’s Regulations.

            Although detention is lower in the scale of punishment than imprisonment, the work and military training carried out by soldiers undergoing detention are of more professional benefit to men returning to their Units than the harder but less technical programme laid down military prisoners sentenced to imprisonment.  Therefore when a solider charged with a civil offence has been claimed from the Civil Authorities for trial by Court-Martial, the desirability of committing a sentence of imprisonment to one of detention must be carefully considered.

            Note:  The above instructions have been supplemented by A.H.O Letter No. B/21379 (A.G-8) dated the 22nd June, 1933, directing that no British soldier shall be left for trial by a Civil Court, i.e. all shall be claimed for trial by court-martial, unless the offence with which the soldier is charged is one of those which a court-martial is not empowered to try, viz, treason murder, man-slaughter, treason-felony and rape.

Arrest, Escape and Custody

 

APPENDIX No. 26.27(1)

 

            Scale of diet fixed for A and B better class under-trials accustormed to the western mode of living (Punjab Government letter No. 14424 (H-Jails), dated the 23rd April, 1930]

 

 

Name of article                                 Quantity                               Remarks

 

Bread                                                  8 chs

Butter                                                 ½ ch.

Mutton                                               4 chs.

Potatoes                                             3 chs.

Onions                                               2 chs.

Mixed condiments                           ¼ ch.

Sugar                                                  2 chs.

Cocoa                                                 1/8 ch.

                                                                                                           (B) class prisoners will

                                                                                                           receive during the

                                                                                                           summar on chattack of

                                                                                                           sugar in liew of 1/8 ch.

                                                                                                           Of coca per diem.

 

Ghee                                                   ½ ch.

Tea                                                      1/8 ch.

Milk                                                    2 chs.

Rice                                                    2 chs.

Porridge                                            2 chs.

Firewood                                           2 chs.

Fresh vegetable from                       4 chs.

The jail gardens.

 

            The above diet will be issued in 3 meals.

Scale of diet ‘A’ and ‘B’ and better class under-trials accustomed to the Eastern mode of living

 

Name of article                                 Quantity                               Remarks

Flour                                                  10 chs.                                  

Dal                                                      1 ¼ chs

Dhee                                                   1 ½ chs.

Potote                                                 2 chs

Salt                                                      ¼ chs.

Condiments                                      ¼ chs

Sugar                                                  1 ch.

Tea                                                      1/8 ch.

Vegetables                                        4 chs.

Milk                                                    6 chs. Or Dahi 4 chs.

Milk                                                    2 chs for tea

Firewood                                           2 seers

 

 

APPENDIX No. 26.27(1)—Contd.

 

            For meat-eaters.—The above diet will be issued, except that on five days of the week 4 chattacks of meat or 4 chattacks of fish or 4 eggs costing about 2 annas will be issued in lieu of 6 chattacks of milk.

 

            Note.--            This diet will be spread over three meals during each day.

                         Scale of diet for ‘C’ class and ordinary under-trials

 

            Name of article                                             Quantity                    Remarks

 

                                    Dal Urd                                  11/4 chs.

Twice of week                      Dal Masur ordinary             11/4 chs.

                                    Dal Rawan                             11/4 chs.

Once a week             Dal Gram                               1-1/4 chs.

 

                                    Wheat                                     8 chs. (Labouring 10 chs.)

                                    Gram for parching               1 chs. (Labouring 2 chs.)

                                    Salt                                          ¼ chs.

Daily                          Condoments                         1/8 ch.

                                    Vegetables                            4 chs.

                                    Sarson or Toria oil               ¼ chs.

                                    Wood                                     ¼ chs.

                                    Wood                                     6 chs.

                                    Gur                                                     (Labouring 1 chatack daily)

FORM NO. 26.7(1)

CERTIFICATE REGARDING IDENTITY OF AN ACCUSED

 

From Police State                                                                                         , district                                                                                 

To Sub-Inspector of Police Station                                                                        , district                                                                                 

            ACCUSED                             , son of                                                , caste                                                 age                                         

Description                                                   , resident of Mohalla                                   , district, has to-day been arrested in connection with the first information report No.                                                       under section                                                . He gives his name and residence as noted above, and states that he is known to                                                        and                             lambardars and respectable men of the village. Kindly answer the questions written on reverse of this certificate.

 

 

Dated                                                                                                                                                 Signature of Station Officer

 

( REVERSE )

Questions

No.

Answers

 

1.      Are his name address and residence as given by him, correct ?

2.      Can the lambardars and respectable men identify the man of his name, address and residence and do they give the same description as given by me on reverse ?

3.      If already classed “P.R.” convict, the district serial No. of the “P.R”. slip should be noted.

4.      If he is not a “P.R” convict, should be recommended to be declared a “P.R”. or P/R/T.” convict now ?

5.      Give his previous in detail, if any.

 

 

Reply

 

From Police State                                                                                         , district                                                                                 

To Sub-Inspector of Police Station                                                                        , district                                                                                 

            The history of this man has been ascertained through               of                     and your questions have been answered.

 

 

Dated                                                                                                                                                 Signature of Station Officer

FROM No. 26.8(2)

POLICE STATION ( NAME )                                                                                                                                 DISTRICT

REPORT OF ARREST

( Under Section 62 Criminal Procedure Code )

 

            Has the honour to report that                                                        , son of                                   , caste                                                 ,

Resident of                                                    , has been apprehended ( or detained, as the case may be ) this day at                        

o’ clock, as he is accused of                                                             .

 

Dated                                                

The                                                                                                                                                                             Sub-Inspector

 

To be lithographed on a post-card

FORM No. 26.16(6)

 

POLICE DEPARTMENT                                                                                                                                                    DISTRICT

 

REGISTER OF DESERTERS

1

2

3

4

5

6

7

8

9

Serial No.

Date of entry in this register

Name, parentage, caste and description of deserter

Residence

Date of desertion and regiment or corps of deserter

Reference to letter intimating information regarding deserter

Date of arrest

Name and Rank of officer arresting deserter

Remarks showing action taken to secure arrest

 

 

 

 

 

 

 

 

 

            To be drawn by hand in an open foolscape size register maintained in the office of Superintendent in English according to police stations. Vernacular counterpart to be maintained in each police station.

 

 

FORM No. 26.16(7)

DESCRIPTIVE ROLL OF A DESERTER

POLICE DEPARTMENT                                                                                                                                                     DISTRICT

 

                                                 District                                                                                                          Annual Serial No.

 

1.                  Name

2.                  Father’s Name

3.                  Caste

4.                  Residence                  Village

Police Station

District

5.                  Description

6.                  Regiment to which belonging

7.                  Date of description

8.                  Place of desertion

9.                  Remarks

 

_____________________

 

FORM NO. 26.32(1)(E)

BAIL BOND

( Vernacular form in terms of form XXV is schedule V, Criminal Procedure Code )

 

______________________

 

FORM No. 26.30(1)(e)

POLICE DEPARMENT                                                                                                                                           DISTRICT

 

Note : - Whenever is necessary to submit any person suspected of having been concerned in any offence for identification particular care should be taken, pending the arrival of the identifying witness to keep the suspect in some place where they cannot have access to him. On their arrival the suspect should be placed with 8 or 9 men similarly dressed, and of the same religion and status, and the identification carried out whenever possible in the presence of a Magistrate or independent witnesses. Who should be asked to satisfy themselves that the identification has been conducted under conditions precluding the possibility of collusion. Care must be taken that the identification by each witness is done out of sight and hearing of the other identifying witness.

 

1

2

3

4

5

Date and place of identification

Name of witness

Name of suspects he identifies

Description of manner in which the rule regulating such identifications were complied with

Signature of Magistrate or other witnesses in whose presence the test is carried out

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER XXVII - - PROSECUTION AND COURT DUTIES

 

            27-1- Charge-sheets  - - Preparations and scrutiny of – (1)  (i) When an accused person is sent for trial the charge-sheet [form 25.56(1)] shall form the final report required by Section 173, Code of Criminal Procedure. Loose forms of charge-sheets shall be kept at each police station to enable investigating officers to prepare and submit them even when away from their police stations.

 

            (ii) In cases in which a charge-sheet is submitted under sub-rule 1(i) above and in which a copy of the first information report has been sent to a Panchayat as required by Police Rule 24.5(2), (a) a report shall also be sent to the Panchayat containing information on the following points :--

 

(a)               Whether or not an offence has been proved.

(b)               Whether or no the offence proved is triable by the Panchayat

(c)                The Court in which, and the date on which, the charge-sheet is to be presented.

 

(2) Except where it is necessary to present charge-sheets before a Magistrate on tour or elsewhere than at the headquarters of a district or sub-division, they shall be submitted through the Superintendent, Assistant Superintendent or Deputy Superintendent of Police in charge of the crime of the Police station concerned.

 

(4)               Charge-sheets shall be thoroughly scrutinized by an officer of the prosecuting branch not below the rank of prosecuting sub-inspector, who shall be responsible for seeing that carbon copies of incomplete charge-sheets together with the copies of orders passed by Magistrates thereon and other necessary papers are attached; that the identify and previous convictions of the accused persons have been established; that  in cases when an accused person is on security and such security will be liable to confiscation in the event of conviction, the fact is duly denoted in the file so that the attention of the court may be drawn to it; that witnesses are according to the list entered in the charge sheet; that the police file is complete and that no papers belonging to it are attached with the charge-sheet, and that no omissions or defects in the investigation remain un-rectified or unexplained. After completing his scrutiny as above, the officer of the prosecuting branch shall lay the charge-sheet and files before the gazetted officer referred to in sub rule (2) above, or, in his absence, before such other available gazetted officer  or senior non-gazetted officer as the Superintendent of Police may have nominated for the purpose, and shall explain the case to him, and take his orders as to whether it shall be put into court or withheld for further police action. Such gazetted officer or senior non-gazetted officer shall satisfy himself that the prosecution case presented in the best possible manner that all material evidence is produced, including evidence calculated to rebut probable lines of defence.

(4)        The practice of requiring prosecuting witness to appear at headquarter simultaneously with the chalan has received the approval of the local Government and of the High Court (See Chapter 3-A, paragraph, 5 (10), of volume IV of High Court Rules and Orders ). Before sending a charge-sheet to headquarter the investigation officer should collect all witness, whom it has been decided to produced in court, and take personal recognisances from them to appear on the same date as that on which the charge-sheet will reach the court. The chalan should, however, reach headquarters not less than one before the date fixed for hearing of the case. It shall be the duty of the prosecuting branch to facilitate the working of this system and the prompt disposal of police cases by arranging with Magistrate that a special period be set apart daily for dealing with fresh chalans and by giving Magistrate as much warning as possible of the anticipated presentation of a chalan [vide rule 25.51]. This period should be so fixed as to allow time for witness to reach the police officer and for chalans to be thoroughly checked and at the time to permit to all new police cases being taken up by Magistrate at such hour that it may be possible for the bulk of the prosecution evidence to be recorded before the court rises for the day. When there are a large number of prosecution witness in a case, only the more important ones, whose evidence is necessary the farming of charges, shall be sent with the chalan.

 

(5)        In all serious case, when the accused has been arrested and prima facie evidence has been produced, the investigating officer send the accused for trail without delay, whether investigation is complete or not. Witnesses should accompany such chalans and same arrangements for the prompt recording of evidence as laid down in such-rule (4) above should be observed. When available evidence has been recorded remarks or adjournments under Section 167 or 344 of Criminal Procedure, shall arranged as many be necessary. Evidence obtained subsequently shall be produced before the Court by a subsidiary chalan.

 

27.7.  Charge-sheet slip and road certificate – (1) With every charge-sheet shall be sent –(a)     a charge sheet slip Form 27.2 (1) (a).

  (b)     a road certificate in form 10.17.

                 (c)   In the case of charge- sheet against member of criminal tribe who on     conviction are liable to be sent the Reformatory Settlement, a report in form 27.2 (2).

 

(2)On the completion of the court the charge-sheet slip be filled in under the orders of the criminal court trying the case and returned to the office of the Superintendent of Police. The result of the case shall then be entered to the office of the Crime Register and the English Register of Cognizable Offence, and communicated to the police station concerned.

(3)               In the road certificate shall be entered a list of any weapons, articles or property sent to the Magistrate’s court in connection with the case. If such articles are received correct the prosecuting inspector or sub-inspector shall sign a receipt for them on the road certificate and return it to the police station.

 

27.3. Duties of public Prosecutor – (1) Government Pleaders, who are ex-officio Public Prosecutors, are bound by the rules contained in Part I, Section II, Law Department Manual. They may not appear or advise against the Crown in criminal cases. They are allowed to undertake private civil practice, but are the direct orders and supervision of District Magistrate and may be appointed to work continuously any particular case. They are required to appear for the Crown in:-

 

(a)               All  Sessions cases.

(b)               All Section 30 cases at headquarters and, when required by the District Magistrate, at out-station.

(c)                All commitment cases where his appearance at headquarters, and at put-station when required by the District Magistrate.

(d)              All criminal appeals when required by the District Magistrate or Sessions judge.

(e)               All original cases when required by the District Magistrate.

(2)        It is part of  the duty of Public Prosecutors to give advise to Government officers on legal questions. A scale of fees for consultation is authorized, but the payment of such fees should only be recommended wheren an opinion has been obtained on a  manner of especial complexity (Law Department Manual, Section I, Chapter I, paragraph XV).   

 

27.4.     Police Offence as Public Prosecutors – (1) All Superintendent, Assistant and Deputy Superintendent of Police are, with reference to Section 270 and 492 of the Code of Criminal Procedure ex-officio public prosecutors in respect of all cases committed from their respective district for trail before the court of  Sessions. Where no Government Pleader (Public Prosecutor) has been appointed, or when the service of  the Government Pleader are not available, one of the police officers above-mentioned may conduct the prosecution in Session trails, but the District Magistrate has power in such circumstances to appoint any other person to be public prosecutor for the purpose of a particular case.

(2)   Prosecuting inspector and prosecuting sub-inspector of police are appointed public prosecutors in the local areas specified in the below for all cases which may be enquired  into or be tried by a Magistrate including a Magistrate having powers under Section 30 of the Code of Criminal Procedure.

 

Officer.                                               Local areas

 

Every prosecuting inspector                                  The district in which the

Of  police.                                                      Prosecuting inspector is

                                                             Stationed.

 

Every prosecuting sub-inspector              The district at the headquarters

Of police stationed at the                             of which the prosecuting

Headquarters of a district.                            Sub-inspector is stationed.

Every prosecuting sub-inspector              The sub-division at the

Of police stationed at the head-                headquarters of which the

Quarters of a sub-division.                                    Prosecuting sub-inspector is

                                                             Stationed.

           

(3)   When the complainant in a criminal case instructs a legal practitioner to conduct the such practitioner shall act under the instruction of the Public Prosecutor as defined in the above sub-rules 27.3 .

 

27.6 . Prosecution of railway cases – The district police prosecuting staff  shall render every assistance which may be required of them in the performance of court duties in connection with the prosecution of railway cases, and shall take all necessary measure to promote the efficient prosecution and expeditions of such cases in the courts.

27.7 . Prosecution of cases under Section 110 Code Criminal Procedure – (1) Prosecution under Section 110, Code of Criminal Procedure, shall as far as possible, be arranged to take place before a Magistrate in camp in the neighborhood frequently by the persons so prosecuted.

(2)Proceedings under Section 110, Code of Criminal Procedure, against zaildars, lambardars and inamdars require the special order of the District Magistrate (Rule 19, Chapter 3 Volume III of Rules and Orders of the High Court of  Judicature at Lahore).

 27.8 . Action on breach of terms of security bond or conditions of restrictions. – (1) Whenever a person on security on any kind is prosecuted for an of an offence implying a breach of the terms of his bond, special application shall be made, at the time of presentation of the charge-sheet that the court may, in the event of conviction, order the confiscation of the security.

(2)When a person violates the conditions of an order passed against him under the Habitual Offenders Act, or violates any rule made under the Act, he shall be prosecuted under Section 17 of the Act.

(3)It is the duty of the prosecuting branch to watch the progress of realisation of forfeited security. When the head of the branch finds that, either generally in the district or in a particular case, under delay or laxity in realization is taking place, he shall bring the matter to the Magistrate of the Superintendent, in order that the attention of the District Magistrate may be invited to it.

27.9.    Police Brief. – (1) In all important cases sent for trail, the investigating officer shall, whenever possible, attend and personally instruct the prosecuting inspector or public prosecutor. In such case he will prepare a “Police Brief “ in Form 27.9 (1) and shall mention therein all matters connected with the case including the probable line of the defence, which in his opinion, should be specially to the notice of the prosecutor.

(2)In unimportant simple cases no “ Police Brief “ need be prepared.

(3)In case of more than usual importance gazetted officers are required to prepare

 “ Police Briefs “ themselves.

27.10   Proof of previous convictions – (1) Previous convictions shall be proved

as laid down in Section 511, Code of Criminal Procedure.

(2)Requisitions for particulars of previous, required by the police shall be made in Form 27.10(2).

(3)It is the duty of the police, in conducting the investigation, to take proper steps to establish the identity of an accused person and to obtain and produce evidence of previous convictions against him( High Court Rules and Orders, Volume III Chapter 23.B, Paragraph 9).

The duties of the Magistrate and of the police in this matter are given in the decision of the Chief-Court in the case, Empress versus Sham Singh, reported as criminal judgment No 36 in the Punjab Record of 1884 and especially in the remarks of Mr. Justice Plowden at page 70 of the record. Requisitions for particulars of previous sufficient grounds, convictions should therefore be made early during the  investigation, but if there be sufficient grounds, prosecuting officers may apply to the Magistrate for a remand under Section 344, Criminal Procedure Code, so as to produce evidence of previous convictions.

27.11   Appeal and access to Judicial records. –  (1) Application for the representation of the Crown in criminal cases, for the institution of appeals against orders of acquittal or for the exercise of its powers of revision by the High Court, shall be made through the District Magistrate. Rules framed by Government in this respect are given in Law Department Manual, Part I, paragraph IX (6).

(2)As regards revision of orders of discharge, application shall be made to the District Magistrate under Section 437, Code of Criminal Procedure.

 

(3) Under  the standing  order  of  the  High  Court,  Superintendent  of Police  are

entitled to pursue the judicial record in all cases where a police officer is convicted or, though acquitted, is left under suspicion or censured. The object of this is to enable departmental action to be taken where necessary. Copies of judgments, and translations of the same where necessary, in such cases, will be supplied free of charge.

 

            The Inspector-General of Police or any Deputy Inspector-General may, on giving reasons, call for the record of any decided case, in which the police are affected. Unless there are grave reasons to the contrary, in which case the Sessions Judge will decide the point, the request will be compiled with. The Inspector-General of Police has a right to call for the records in all cases of professional crime.

 

            Courts are required to send the Inspector-General of Police of record copies of such confessions as may be of value of the police.

 

            All modifications of original decisions made in appeal, revision or reference are required to be communicated by the District Magistrate to the prosecuting branch of the office of Superintendent of Police. (Rule 3, Chapter 11-E, of Volume III, High Court Rules and Orders).

 

            Copies of judgments and depositions required by police officers in the course of their duties are exempted from the charges authorized under the Court Fees Act, but not from copying fees. Gazetted officers and all prosecuting inspectors and prosecuting sub-inspectors, within the limits of their jurisdiction as public prosecutors (Rule 27.4) can obtain, free of all charges copes of any part of the record of a case which they may require in their capacity as public prosecutor, the cost being met by District Magistrates or the courts concerned.

 

            With the exceptions noted above, police officers are not entitled either to have original judicial records handed over to them for perusal or to obtain copies free of charge. On the frequent occasions when it is necessary for a Superintendent of Police, in the discharge of his duties, to study the evidence and decisions recorded at a trial, the proper channel for obtaining access to such records is through the authority of the District Magistrate. The latter is head of the prosecuting agency, of which the Superintendent of Police in direct charge, and that agency requires constant access to judicial records, in order to fulfil its duty of assisting the District Magistrate through the Superintendent of Police, to keep in close tough with the work of Magistrates’ courts and the results of cases.

 

            When a prsual of the original record will suffice, copies should be dispensed with, as fees for them have to be paid in every case, whether from police or judicial funds. It is the practice of the High Court to print the proceedings in all cases in which the death sentence is inflicted, and it is sometimes possible in such cases to obtain spare copies of the printed records on application, through the Deputy Inspector-General of Police, Criminal Investigation Department, to the Registrar of the High Court.

 

            27.12   Maintenance of order and watch over prisoners in courts – (1) On every day when the courts are sitting, a sufficient number of police shall be provided in the precincts of the courts to guard prisoners, take into custody persons who surrender to their bail, whose bail bonds are cancelled, or who may otherwise be arrested by the order of a court, and to preserved order in and in the neighbourhood of courts. The guard in court shall be strengthened, when prisoners are of a desparate and dangerous character, or when a case is being heard which is likely to cause public excitement or demonstrations.

 

            (2) All prisoners under arrest shall invariably be thoroughly searched before being taken into court, the police officer in command of he party furnishing guards for prisoners shall be personally responsible that this is done. If, in accordance with rule 26.23, prisoners have been brought to the court in handcuffs, the handcuffs shall not be removed in court unless this is specially ordered by the presiding officer.

 

            27.13   Compounding of cases under Section 420, Indian Penal Code – Under orders contained in letter No. 1336 (H-Judl.) of 12th January, 1927, from the Home Secretary to Government, Punjab, the Provincial government has directed that sanction to compromise in case under Section 420, Indian Penal Code, should be resisted, where habitual cheats and professional swindles are concerned, and also in all cases which show feature of danger to a wider public than the complaint in the individual case before the court. A case coming into the latter category would be one in which the method by which the crime has been committed is or is likely to be widely employed.

 

            27.14   Prosecuting Agency – Composition of – (1) The police prosecuting agency in each district shall  consist of such number  of gazetted officers, upper and lower subordinates as may, from time to time, be sanctioned by the local government and the Inspector-General of Police.

 

            (2) A constable shall be attached as court orderly to the court of every Magistrate, whether stipendiary or honorary, having first class or superior powers. The senior officer of the prosecuting branch shall arrange for the duty of court orderly in courts or benches of honorary Magistrates, which sit only for short periods or at irregular intervals, to be performed by members of their staff, who may be available at the time required. Clerks or assistant clerks of police stations may be employed, when necessary, to perform the duties of court orderly at tehsil courts.

 

            (3) In each district one of the head constables of the prosecuting staff shall be appointed as the direct assistant of the prosecuting inspector for the purpose of maintaining the registers of case property, prescribed in rule 27.16 and, under the immediate supervision of the prosecuting inspector or a prosecuting sub-inspector, nominated by him, receiving , checking, cataloguing and issuing to court orderlies, exhibits and other property kept in the prosecuting agency’s store-room in connection with cases and unclaimed property. The duties of this head constable are purely subordinate and his assistance in a routine capacity in no degree relieves the prosecuting inspector and the prosecuting sub-inspectors of their personal responsibility, as laid down in rule 27.18 for the correctness and security of the contents of the malkhana.

 

            27.15   Duties of head of prosecuting agency – The duties of the head of the police prosecuting agency whether he be of the rank of Deputy Superintendent of Police or Inspector shall be as follows” :-

 

(i)        Thoroughly to scrutinise chalans and intermediate references and applications from police stations in connection with the prosecution of cases, the arrest of offenders, the confiscation of bail of security bonds, and other matters in which his advice or the orders of a court are required. The preparation for court and prosecution of all security cases, including security for keeping the peace (vide Rule 23.32), should received as much attention from the district prosecuting staff as is practicable.

 

(ii)              To prosecute, watch or direct the prosecution of cases in the courts of the district. In this connection it must be realised that his duty embraces not only the presentation of the prosecution case but contesting the claims of the defence and ensuring the observance of conditions and restrictions imposed by the law on the discretion of courts to pass orders in certain  circumstances, and the observance of all High Court orders issued with the object of expediting decisions and preventing abuses.

 

(iii)            To supervise and distribute the work of prosecuting officers subordinate to him and of the police personnel attached to his office or to the courts.

 

(iv)            To take chare of and deal with, articles and property received in connection with cases, as well as of unclaimed and suspicious property received from police stations for orders of Magistrates.

 

(v)               To supervise the transmission of warrants and summons to the executive police under the orders of the criminal courts, and to see that returns to such processes are made without delay.

 

(vi)            To keep the District Magistrate and the Superintendent of Police informed of all important matters in connection with criminal cases under trial, to bring to notice cases requiring to be specially reported to him, and to submit a daily diary in Form 27.15(vi) showing cases sent for trial, convicted, discharged and pending in court on that particular day. The instructions of the High court as to the duties of the prosecuting agency towards the District Magistrate are contained in Appendix 27.15(vi).

 

(vii)          To see that the instructions in connection with the diet money and travelling expenses of witnesses are duly observed.

 

(viii)       To see that payments for bills submitted through him for all judicial expenses incurred by officers in charge of police stations are made promptly, either by the Nazir or from his own permanent advance. For this purpose he will maintain a register in Form 27.15(VII). For all sums of money received from the Nazir a receipt must be given in form 10.14(1).

 

Note – One combined receipt for all sums received from the Nazir on any one day may be given.

 

(ix)             To see that the results of cases in curt are promptly communicated to police stations concerned according to rule, and especially to bring to the notice of the Superintendent, together with an abstract or copy of the judgment if necessary, orders of acquittal or discharge or other orders of courts, which either reflect in any way on the conduct of the police or indicate that the theory on which the case was prosecuted has broken down.

 

(x)               To keep in view the orders regarding the formation of a criminal museum at the Police Training School, Phillaur, and to take the orders of the Superintendent for the acquisition of such weapons, instruments or other articles connected with cases sent up for trial as may be considered useful as exhibits of educational value, and to forward them with a brief account of their use or object to the Principal, Police Training School, Phillaur.

 

(xi)             To supervise the work of the Vernacular office of the Superintendent of Police and to exercise a close and constant check on the maintenance of the registers  pertaining to the prosecution branch. In these respects the prosecuting Deputy Superintendent or inspector is directly responsible as assistant to the Superintendent of Police.

 

(xii)          In the execution of these functions, the head of the prosecuting agency may distribute work and delegate his duties among and to prosecuting inspectors and sub-inspectors subordinate to him, to such extent as may be approved by the Superintendent of Police and as is not inconsistent with any Police Rule or other order of a competent authority.

 

27.16 Registers to be maintained by prosecuting Deputy Superintendent or

Inspector – The head of the police prosecuting agency shall, with the help of his assistants, maintain the following registers :-

 

(1)               Register of case property and unclaimed property in Form 27.16(1)

This register may be destroyed three years after being completed.

(a)               This register shall be in the same form as register No. 1, and shall contain copies of any entries in register No. 1 referring to property which has been in the custody of the police for over three years. Property in cases in which the accused are absconding, and the retention of which is necessary for purposes of evidence, may be transferred to this register as soon as proceedings under Section 512, Code of Criminal Procedure, are complete.

2.16       Register of issue from and return to the prosecuting agency’s storeroom of case property daily produced in courts and pending cases,-- vide rule 27.18(1).

3.                  Register of warrants of commitment of jail, and of orders for the reception of lunatics into asylums, in Form 27.16(3).

a.                  Register of receipt and dispatch of under-trial prisoners in Form 27.16(3)(A).

.           This register may be destroyed ten years after being completed.

4.                  Register of warrants and summonses received for execution and service by the police in Form 27.16(4).

This register may be destroyed two years after being completed.

5.                  Register of intermediate orders in Form 27.16(5).

This register may be destroyed two years after being completed.

6.                  Register of reasons of security under the provisions of the Code of Criminal Procedure, or local and special Laws, in Form 27.16(6).

This register shall be divided into separate parts for each police station in the district.

At the end of each year the names of those persons remaining on security shall be re-written in the order in which their securities are timed to expire.

7.                  Register of excise cases occurring during the year in which police officers have been directly concerned, in Form 27.16(7).

8.                  Permanent advance account of all judicial expenses in Form 10.52(b).

This register may be destroyed three years after being completed.

9.                  Register of absconders, in English in form 23.20(1).

10.              Register showing progress of action against absconders in form 23.21.

11.              Register of proclaimed offenders who are members of cirminal tribes in form 22.54(b).

This register shall contain the names of all members of criminal tribe

Who have been proclaimed under section 87, Code of Criminal Procedure, for offences against the Criminal Tribes Act.

27.27      Duties in connection with property.—(1)  At headquarters the head of the prosecuting agency, with the assistance of his staff, shall take charge of weapons, articles and property connected with cases sent for trial and shall be responsible for their safe custody until the case is decided.  When final orders are passed in the case, such weapons, articles and property shall if not made over to the owner, be made over to the sheriff.

 

2.         The head of the prosecuting agency shall similarly take charge of and be responsible for the safe custody of, suspicious property until the issue of the proclamation under section 523, Code of Criminal Procedure, when such property shall be made over to the sheriff.

3.         Unclaimed property sent in the police shall be made over to the sheriff as soon after arrival as possible and a receipt thereof taken in register No. 1 (Rule 27.16(1).

4.                  Property connected with a case in which the accused is at large and has been proclaimed shall, if likely to be of material advantage to the prosecution, be kept by  the head of the prosecuting agency in a strong box in his store-room. If such property, excepting valuable, it too large to be kept in the strong box it may be kept on separate racks. If , after 50 years, the case still remains undecided the property shall be made over to the sheriff for disposal.

  When there are claimants to the property who would suffer hardship through its retention the orders of the Magistrate shall be taken.

 

5.                  Within the first ten days of each quarter the prosecuting inspector shall verify all property of which he or a prosecuting sub-inspector at head–quarter is in charge and shall submit a certificate to the Superintendent of Police that he has duly carried out the verification. Where a prosecuting sub-inspector is in sole charge of property or is in joint charge with the prosecuting inspector, the prosecuting sub-inspector shall be present during the verification and shall also sign the certificate.

27.17Safe custody of property.—(1)  Weapons, articles and property sent in connection with cases shall on receipt be entered in register No. 1 and shall (excluding livestock) be properly stored in the store-room of the head of the prosecuting agency, or the police station.  See rule 22.18.  When required for production in court such articles shall, at headquarters, be taken out in the presence and under th personal order of an officer of rank not less than prosecuting sub-inspector and an entry made in the register of issue from and return to the prosecuting agency’s store-room, which register shall be maintained in Form 27.18(1).

Animals sent in connection with cases shall be kept in the pound attached to the police station at the place to which they have been sent, and the cost of their keep shall be recovered from the District Magistrate in accordance with rule 25.48.

2.         In all cases in which the property consists of bullion, cash, negotiable securities, currency notes or jewelry, exceeding in value Rs. 500 the Superintendent shall obtain the permission of the District Magistrate, Additional District Magistrate or Sub-Divisional Officer to make it over to the Treasury Officer for safe custody in the treasury.

3.         All cash, jewelry and other valuable property of small bulk, which is not required under sub-rule (2)  above to be sent to the treasury, shall be kept in a locked strong box in the store-room.  Each court orderly shall be provided with a strong lockup box in which the he shall keep all case property while it is in his custody in the court to which he is attached.  Case property shall invariably be kept locked-up in such box accept when it is actually produced as an exhibit in the course of proceedings.  After being so produced it shall be immediately replaced in the lock-up box.  Boxes shall be provided from funds at the disposal of the District Magistrate.

4.                  Property taken out of the main store-room for production in court shall be signed for by the court orderly concerned in register No. 2 and the prosecuting officer authorizing the removal shall initial this entry.  Such officer shall similarly, after personal check, initial the entry of return of the property to the main store-room on the closing of the courts.

5.                  Every day, when the courts close, an officer of the prosecuting branch of rank not less than that of sub-inspector shall personally see that the articles produced in court are returned to the store-room, restored to their proper places in the shelves, cup-boards or strong box and registered as required by sub-rule (4) above.  The opening of the store-room in the morning and is closing in the evening shall invariably be in the presence of the police officials named in this rule.  Animals brought from the pound shall be repounded under the supervision of a head constable.

27.19   Property in cases committed to a higher court.--  (1)  When an order of commitment to a superior court is made, any weapons, articles or property capable of such treatment shall be enclosed in parcel in the presence of the committing Magistrate.

            The parcel shall be sealed with the seal of the court and made over to the head of the police prosecuting agency, who shall produce it with unbroken seals before the superior court, or, if so ordered by competent authority, shall make it over to some other officer authorized so to produce it.

2.         Special precautions shall be taken under the orders of the Superintendent in regard to property which cannot be so treated.

27.20.  Prosecuting agency to attend office when courts are closed.--  At district headquarters, on days on which the courts are closed, an officer of the prosecuting branch not less in rank than a sub-inspector shall attend the office of the Superintendent to receive accused persons, weapons, articles and property and to transact urgent business.  At magisterial outposts and tehsils the prosecuting sub-inspector and court orderly respectively shall attend the police station for the same purpose.

27.21   Property of prisoners to be taken charge of.--  Money or other property found on the person of an under-trial prisoner, other than necessary wearing apparel, shall be taken charge of by the prosecuting officer and an entry of it made in register No. 1.  A list of such articles shall be recorded on the back of the prisoner’s warrant and the  head of the prosecuting agency shall see that are made over or forward to the prisoner, if he is discharged or acquitted or punished otherwise than with imprisonment.  An acknowledgement of the receipt of such property shall be obtained in register No. 1.

            If the prisoner is sentenced to imprisonment the articles shall be sent to the officer in charge of the jail, a reference to whose acknowledgement shall be given in register No. 1.

27.22.    Duties of prosecuting sub-inspector and court orderlies at tahsil.—(1) Prosecuting sub-inspectors at sub-divisions of districts shall perform the duties detailed in clauses (I)  to (v) and (vii) to (x) of rule 27.15.  As regards clause (vi) of rule 27.15 the prosecuting sub-inspector in a sub-divisions shall have the same duties in relation to the gazetted police officer in charge of the sub-division and the sub-divisional officer as the head of the prosecuting agency has in relation to the Superintendent of Police and the District Magistrate.  He shall also submit to the gazetted officer in charge of the sub-divisions a daily diary in form 27.15(vi).

2.         In sub-divisions of districts all registers prescribed in rule 27.16 shall be maintained by the prosecuting agency.

3.                  Rules 27.17 to 27.21 shall apply mutatis mutandis to all prosecuting sub-insepctor at sub-divisions.

4.         Court orderlies at tahsils and other courts away from headquarters shall maintain register No. 1 referred to in rule 27.16.  They shall take charge of all property connected with cases sent for trial by courts to which they are attached in accordance with rules 27.18 27.19 and 27.21 but shall in no circumstances retain such property longer than is required for each day’s proceedings of the court.  Every evening they shall deposit such property with the clerk of the police station who will be responsible that it is disposed of in accordance with rules 27.17.27.18 and 27.19.

            In addition, court orderlies in all courts are responsible that order is kept in courts under the direction of Magistrate.  They will obey all orders given them by the officers prosecuting cases and will take charge of exhibits are the police files of cases when ordered to do so.  They will also make copies of statement made to the police under Section 162, Code of Criminal Procedure, and provide them on payment to the accused.—(See rule 27.23).

27.23.  Supply of copies under Sections 16 and 173(4), Code of Criminal Procedure.--  (1)   Copies of statements recorded by the police under Section 161, Code of Criminal Procedure, which are asked for by accused persons under section 162, Code of Criminal Procedure, and copies of final reports similarly asked for under Section 173(4) of the Code shall invariably be supplied on payment unless the presiding officer  of the court decides otherwise.  The local Government has decided that the subordinate official responsible for making these copies shall ordinarily be the police constable appointed as court orderly.  This arrangement is only possible, however, when such police constable is sufficiently educated for the purpose and can undertake the work without detriment to his primary duties as prescribed in rule 27.22.  Superintendents should, in consultation with the senior officer of the prosecuting branch, consider the circumstances of each court in the district as to the volume of such copying work and of the other duties of the court orderly, and, if they consider that the latter official should be relived of the whole or a part of the copying work, should move the District Magistrate to nominate another official of the court for the purpose.

2.      The half share of the copying fees which in accordance with Financial Commissioner’s Standing Order No. 5, is payable to the actual copyist, shall be paid to the court orderely, when he is entitled to it, but neither that official nor any other police officer shall have any share in or responsibility for the collection of copying fees or the keeping of the prescribed accounts thereof.

3.      The prosecuting officer attached to the court concerned shall be responsible that the orders contained in Home Secretary’s letter No. 19893 (H.—Judl), dated 8th September 1925, are strictly complied with and no abuses are permitted in the method of payment therein laid down.

27.24.  Production of police records as evidence.  (1)  A police officer is bound, under the provisions of section 162  of the Evidence Act (I of 1872), to produce any document in his possession or power if summoned to do so, but, if such document is  an unpublished official record relating to any affair of State, he is prohibited by section 123 of the same Act from giving evidence derived from it and the court is prohibited from inspecting it.

2.      The following police records are privileged under section 123, Evidence Act.  If their production is demanded, a certificate in form 27.24(2) must be obtained from the Inspector-General may at his discretion allow evidence derived from such documents to be given and in order to enable him to exercise this discretion it is important any document, should submit either the original document, a copy, or a full translation it is in vernacular.  That a Police Officer claiming privilege in respect of together with a report indicating why it is necessary to claim privilege and also that his claim is justified.

 

(1)               The Surveillance Register (Rule 23.4 (1)).

(2)               Village Crime Register, Part IV (Rule 23.59)

(3)               History Sheets (Rule 23.9).

(4)               Bad Character Rolls and Information Sheets (Rules 23.16 and 23.17).

(5)               Case diaries.

In files or in the Police Gazette.

(6)               All unpublished orders of Government or of the Inspector-General of Police contained.

(7)               All documents or records which are classed as “Secret” or “Confidential.”

 

3.      While the prohibition of the giving of evidence derived from other police records is not absolute, the provisions of Section 124, Evidence Act, permit a police officer to refuse to disclose orders or other communications made to him in the course of his official duties, when the considers that the public interest would suffer by such disclosure.

4.      When the production of official correspondence is in question, the head of the office possessing such correspondence has authority to grant or withhold permission under Section 123 of the Evidence Act.  In exercising this discretion he shall be guided by the general rule that correspondence may not be produced without the permission of the highest authority concerned in it.  Detailed instructions on this point were communicated to all heads of Police offices with the Inspector-General’s endorsement No. 1506-A/29-31-26A of 10th August 1928.

27.25      Co-operation of Jail officials in identification of prisoners.  Information  that a convicted person has not been identified should invariably be given to the Superintendent of the Jail concerned.  Under the provisions of the Jail Manual such prisoners are required to be specially classified and the Superintendent of the Jail is required to furnish the police with the names and particulars of all persons who visit them and with clues as to their identify which may be obtained from examination of letters despatched by or addressed to them.

27.26.  Assauits on police – Prosecution for. – When assaults are committed upon the members of thew police force while in the execution of their duties, the prompt prosecution of the offenders should be arranged for if possible at, or near , the scene of the offence, adequate sentences being pressed for by the prosecuting agency.

27.27.  Diet of accused persons. – The instructions regarding the dieting of accused persons arrested by the police and the recovery of diet money are contained in rule 26.27.

27.28.  Diet money and travelling expenses advanced to witnesses. – (1) Diet money at the rates prescribed by Government from time to time, and travelling expenses, shall invariably be advanced at the police station, at the time of bonds of appearance being taken, to all witnesses required to appear in cases sent to court by the police. This procedure shall be followed both in cognizable cases and in preventive security and all other cases in which the police select and take bonds from witnesses. Diet money may also be advanced at the request of the accused or his legal adviser to witnesses required to appear for the defence.

(2)        Such diet money shall be paid from, and including, the day on which the witness entered into his recognizance up to , and including, the day on which the charge-sheet will be made over to the Magistrate having jurisdiction in the case.

(3)        Money so expended shall be entered in the road certificate and shall be recovered when the charge-sheet is made over to the Magistrate as a debit against the Judicial Department a receipt being given in form 10.14(1). The prosecuting inspector or his representative at courts away from headquarters, shall be responsible that sums advanced under this rule by police stations are recovered on the day of presentation of the demand from the court itself or the sheriff. Should there be any delay in the recovery of such money the head of the prosecuting agency shall remit the amount of the police station from his permanent advance, The head of the prosecuting agency shall bring to notice any instance in which inadequate diet money or travelling expenses have been paid to witnesses in police cases.

(4)        Gazetted officers and inspectors hearing charge-sheet , and representatives of the prosecuting agency in courts, shall satisfy themselves that diet money and travelling expenses said to have been paid to complainants and witnesses, at police stations have actually been so paid.

27.29.  Record of conviction. – Conviction and orders to execute bonds in all cognizable police cases shall be entered in (a) the Vernacular General Crime Register and the English Register of Cognizable Offences which are maintained in the office of the Superintendent and (b) in the First Information Report Register which is maintained at the police station reporting the offence. Convictions and orders in the cases detailed below shall also be entered in (c) the Conviction Register which, for  purpose of section 75, Indian Penal Code, and sections 3 of the Punjab Habitual Of fenders (Control and Refor Act, 1952), is maintained in each police station as prescribed in Chapter XXII.

I—(INDIAN PENAL CODE)

 

Chapter                                  Sections

XI                                            193

                                                To       Giving or fabricating false evidence.

                                                195

                                                211      False charge of committing an un-natural offence.                                                        - -

                                                377

XII                                           231

                                                To       Counterfeiting of coin.

                                                232

233            Making , buying, selling or having in possession.

To       Instruments or material for counterfeiting

235      Coin.

236      Abetting the counterfeiting of coin out of India.

237

XII                                           To       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 coin by persons employed in Mints.

245            Unlawful removal of coining instruments from Mints.

246            Unlawful alteration of weight, composition or

To       appearance of coin and possession and delivery

253            of such coins.

255      Counterfeiting of Government stamps.

256      Making buying, selling or having in possession

To       instruments or material for counterfeiting

257      Government stamps.

XII                                           258

                                                To       possession or sate of counterfeit Government

259      stamps.

260      Using of counterfeit stamps.

261

To       Fraudulent effacenemt or erasure of Government

263            stamps.

XVI                                         302

303

304

307

311            Murder.

326

327

328

329

354            Indecent assault of a woman.

363

To       Kidnapping.

369

376            Rape.

377            Unnatural offence.

XVII                                        379

To       Thefts of all kinds.

382

384

To      

394            Robbery of all kinds.

397

and

398

395

396

399            Dakaiti of all kinds.

402

 

 

400            Belonging to a gang of thieves or dacoits.

And

401

404            Dishonest misappropriation of property belonging

To       a deceased person.

406

To       Criminal breach of trust by public servant.

409

411

To       Receiving stolen property.

414

418            Cheating of all kinds, except simple cheating,

To       Section 417.

420

XVII                                        429

                                                To

                                                433

                                                and     Serious mischief

                                                435

                                                To

                                                440

                                                449

                                                To       House-tresspass in order to commit an offence.

452

454            Lurking house-tresspass or house-breaking other

To       than simple, Section 453.

And    Grievous hurt or death cause in horse-breaking.

460

461            Dishonestly breaking open a closed receptacle.

462            Fraudulently opening a closed receptacle held in trust.

465

To       Forgery

469

XVII                                        489      A

To       Forgery of currency notes and bank notes.

489            D

All offences which would, if committed in British India have been punishable under Chapter XII or Chapter XVII of the Indian Penal Code with imprisonment of either description for a term of there years or upwards, in which the order of conviction was passed by a court or tribunal in the territories of any Indian Prince or State in India acting under the general or special authority of to Governor -General in council or of any local Government.

II.—( CODE OF CRIMINAL PROCEDURE ).

Chapter VIII.—Sections 108, 109 and 110—Bad livelihood.

III.—( Miscellaneous Acts ).

Sections 3 and 4. Act III of 1867—Gambling.

Section 9, Act I of 1878 – Opium smuggling.

Indian Arms Act, 1959, ( No.54 of 1959, Section 7 of the Essential Commodities Act, 1955 )

IV – ( Other Offences )

All offences, in which the subsequent proof of the conviction so recorded would render the person convicted liable by law to enhanced punishment on subsequent conviction of the same or similar offence by reason of the proof of such former conviction, and all offences which upon such proof, the law establishes a presumption in favor of the prosecution.

Illustration.—(a) Offences under section 8 of Act XVI of 1861, as amended by Act XVI of 1876, shall be so entered because an enhanced punishment is provided for every subsequent conviction.

(b)       Offences against rules made by the local Government under Section 41 of Act VII of 1878 ( The Indian Forest Act ) by reason of the provisions of the last clause of paragraph 2 of section 42 of the same Act.

(c)        Offences under section 13 of Act XV of 1910 ( The Cantonment Act ).

Note.—Conviction for theft by courts-martial, although the persons convicted have not been sent up for trial or pro9secuted by the police, shall also be entered in the conviction registers in all cases in which the convictions are intimated to the Civil authorities.

 

27-30. Entries in conviction register when made.—The entries shall be made.

 

(a)               if there is no appeal immediately:

(b)               if an appeal is made and the conviction is upheld, when the result of the appeal is known.

(c)                if an appeal lies but is not made, when limitation has expired.

 

27-31. Entries of convictions how and when made.—(1) Entries of convictions shall ordinarily be made from charge sheet slips.

 

(2)        When the entry has been made in the General Crime Register the charge sheet slip shall be sent to the police station.

 

(3)        When charge sheet slips are kept pending for results of appeals to be known they shall be kept in pigeon holes by the official in charge of the General Crime Register and separate intimation of the results of the case in the lower court shall be sent to the police station.

 

27-32. Despatch register of charge sheet and conviction slips.—A Despatch Register of charge sheet and conviction slips referring to cases included under rule 27.29 shall be maintained in Form 27.32(1) by the official in charge of the General Crime Register.

 

            Separate pages shall be allotted for each police station in the district and for conviction slips received from Magistrates of other districts.

 

(2)        After the necessary entries have been made in the First Information Report Register and Conviction Register, charge sheet slips and conviction slips shall be returned for record in the office of the Superintendent of the district from which they were despatched.

 

27-33. Despatch of conviction slips in other cases..(1) If the charge sheet slip refers to the conviction of a person for an offence included under rule 27.29 of a person who is a resident of a police station other than that from which the case was sent for trial, the official in charge of the General Crime Register shall send a conviction slip in Form 27.33(1) in addition to sending the charge sheet slip to that police station of which such person is a resident.

If such police station is in another district the conviction slip shall be sent through the Superintendent.

 

(2)        If  there is any doubt as to the residence of a convict, or if a convict is unidentified or belongs to foreign territory, the conviction shall be recorded  in the police station from which the case was sent for trial. In such a case a notice may be sent for publication in the Criminal Intelligence Gazette.

 

 

            27-34. Intimation of convictions from courts.—Convictions in cases included under rule 27.29, which are dealt with by Magistrates, direct, shall be entered in the Conviction Register on receipt of intimation from Magistrates.

 

            27-35. Publication of conviction of Europeans, etc., in Criminal Intelligence Gazette. (1) Conviction, obtained in the Punjab, of Europeans, Anglo-Indians, or subjects of any foreign state, shall in addition to the record prescribed in the above rules, be recorded in the like form, together with the descriptive roll of the person convicted in the English and vernacular editions of the Criminal Intelligence Gazette.

(2) Superintendents may use their own discretion as to the publication of such conviction in the case of persons who are subjects of Indian States. Ordinarily the convictions of such persons shall only be published when they are habitual offenders.

 

37-36. General Crime Register… A General Register in Form 27-36 shall be maintained in vernacular in the office of each Superintendent.

 

(1) The particulars of every cognizable offence reported to the police shall be entered in such register.

 

(2) The register shall be divided into groups of offences corresponding with statement “A” of the Annual Report. At the top of the first page allotted to each group shall be written the heading of the group and the pages shall be cut to display the headings.

 

(3) On the receipt of the counterfoil of the first information report the return writer shall enter in the register as many of the particulars required as may be possible, and shall endorse on such counterfoil the words :Entered contents in the General Crime Register” with the date and his signature.

As the investigation proceeds he shall enter from the case diaries any additional particulars necessary to complete the form, and shall similarly endorse such case diaries.

 

(4) If a case sent up by the police is convicted under a section or law, other than that entered in the register, a red line shall be drawn through the original entries and fresh entries made under the group which includes the offence of which the offender is actually convicted.

If one person is convicted of the offence originally entered, and another person of a different offence, the original entry shall be corrected and a fresh entry made of the separate conviction.

 

(5) Every erasure and alteration shall be made so that the original entry remains legible.

 

(6) Case cancelled or transferred to other districts shall be erased by a red line drawn through them and an entry made giving an abstract of the order of cancellation or transfer, with the date and the name of the officer who made it.

 

(7) At the close of each year the register for the year in question shall totalled.

Each group of offences after deducting cases cancelled and transferred shall be totalled separately, these totalled being required for the preparation of annual statistics of crime.

Each annual volume shall be strongly bound and kept for ten years.

 

27-37. General Crime Register…Rules for maintenance of… The following rules shall

regulate the maintenance of the General Crime Register and the preparation of the annual statistics of crime:-

(i)        Each separate offence shall be reckoned as a separate case although several such offences may have been joined for the purpose of the trial.

 

(ii)       The question whether a set of facts constitutes one offence or more than one offence shall be determined with reference to section 235, Code of Criminal Procedure.

 

(iii)      In prosecution for bad livelihood and for nuisance under section 34 of the Police Act, a separate case shall ordinarily be entered for each person arrested.

 

When a case is sent for trial and a final order is passed, such case shall be entered under the section of the Act under which the accused person is convicted or acquitted. The final order is the order which stands after all appeals have been heard.

If such conviction or acquittal covers the facts reported by the police, the police returns shall, if they differ, be amended accordingly and the original report cancelled.

 

Illustrations.

 

(a) The police send up A for trial of murder. A is convicted of culpable homicide.

The returns shall be corrected by entry under culpable homicide and by cancelling the entry under murder.

 

(b) The police send up B for trial of murder. B is convicted under section 318, Indian Penal Code. Where, if a murder was committed, as the conviction does not cover the facts of the police reports through it covers the evidence the police were able to produce, the entry of murder shall stand, and a new entry be made under section 318, Indian Penal Code.

 

(c) C is found in possession of suspicious property and is sent up for trial on a charge of theft. He is convicted under section 411, Indian Penal Code. The property corresponded with that stolen in a case reported. The theft may be cancelled and an entry made under section 411, Indian Penal Code, if the evidence leaves the presumption evenly balanced between theft and receiving but if the evidence shows that Creceived the stolen property from the thief, the case of the theft shall stand and a new entry, be made under section 411, Indian Penal Code.

 

(v)       Cased cancelled by order of the District Magistrate shall be excluded from the police returns but the arrest of any person in a case thus cancelled, Together with the particulars required by the form, shall be shown in the columns relating to persons.

 

(vi)      A case shall be shown only in the returns of the district in which it was investigated, or, if transferred to another district for trial, in the returns of such district.

 

(vii)     A “decided” case is a case which has been brought to trial.

 

(viii)    A “discharged” person is one not brought to trial.

 

(ix)             Bank notes, bills, and cheques payable to bearer shall, when their cash value has been effectually transferred from the person from whom they were stolen,  or taken in an offence, be entered at their cash value.

 

Bounds, securities, cash books, ledgers, and the like shall be entered only at the value of their component materials.

 

Property stolen or recovered shall be entered in the returns of the year in which the report is made irrespective of the true date of such loss or recovery.

 

No such loss or recovery shall be recorded in the returns of more than one year.

 

(x)               When a summons case is dismissed or a compoundable case compounded, any person arrested in such case shall be shown as acquitted.

 

(xi)             If an accused person is discharged and subsequently re-arrested and convicted on the same facts, or if an accused person is acquitted and such acquittal is subsequently quashed and the person convicted on the same facts, only one arrest and one conviction shall be shown in the police returns.

 

(xii)          When an accused person dies, commits suicide, or becomes of unsound mind after the commission of an offence a note of the fact shall be made in the column of remarks of the return in question.

 

(xiii)        Persons shall be shown as acquitted or discharged, who die before the conclusion  of the trial or who are discharged or a acquitted in a cognizable offence, whether such offence has been cancelled or not and whether they are convicted of a non-cognizable offence or not.

 

 

27-38.  Record of First Information Reports and Case Diaries. – (1) Case diaries shall be filed, in order of dates, with the first information report of the case in question.

 

            (2)        In the record room of each district police office there shall be an almirah containing three rows of pigeon-holes, each row containing as many pigeon-holes as there are police stations in the district.

 

            A set of three pigeon-holes shall be allotted to each police station:-

 

(a)               In the upper row shall be kept complete cases, in which the final report or charge-sheet has been received, and papers connected with cases which have previously been removed from the almirah.

 

(b)               In the middle row shall be kept first information reports in pending cases and case diaries which have been duly sorted and placed in order of dates.

 

(c)                In the lower row shall be kept unsorted papers connected with pending cases.

 

(3)        The files of cases under investigation or pending shall be removed from the middle row and placed in the upper row so soon as the final report has been received and filed.

 

            The papers in the lower row shall, as far as possible, be sorted daily and placed with their respective first information reports in the middle row.

 

            27-39.  Monthly sorting. – (1) At the end of each month, or sooner if convenient, the cases in the upper row which are no longer pending investigation shall be sorted and divided into separate packets as follows:-

 

(a)               All traced cases and untraced bailable cases, including cancelled cases.

(b)               Untraced non-bailable cases, in which actin under section 512, Code of Criminal Procedure, has not been taken.

(c)                Untraced bailable and non-bailable cases in which action under section 512, Code of Criminal Procedure, has been taken.

 

Each packet shall be placed in the record room in the current year’s bundle of the police station concerned.

 

            A list of all the first information reports contained therein shall be kept with each packet under (b) and (c).

 

            In (a) packets the cases shall be arranged in order of the serial numbers of the first information reports.

 

            (2)        At the end of the current year the packets in the current year’s bundle shall be removed and placed in other bundles in accordance with sub-rule (3).

 

            (3)        In the record room four separate bundles of case files shall be kept for each police station as follows:-

 

 

One bundle for the current year’s case files, which shall contain all the packets under (a), (b) and (c), in accordance with sub-rule (1).

One bundle for the previous year’s case files containing only packets under (a).

One bundle for the case files of the lat year but one, containing only packets under (a).

One bundle for the files of all cases under (b) reported during the past five years.

 

            The bundles of each police station shall be tied up in cloth of a distinctive colour and each bundle shall be market with the name of the police station and the year to which its contents belong, as follows:-

 

                        Current Year                         .. (a) (b) and (c) files.

                        Previous year                                   .. (a) files.

                        Last year but one                 .. (a) files.

                        Previous five years              .. (b) files.

 

 

(4)               The files of cases coming under (c) of all police station, shall, on removal from the current year’s bundle, be tied up together in one bundle in cloth of a distinctive colour.

 

The bundle shall be labelled “50 years bundle” and names of all the police stations concerned shall be entered on the label.

Such annual bundles shall be kept together in a separate part of the record room.

 

(5)               The packets of case files shall be disposed of as follow:-

 

(i)        Packets coming under (a) will be removed and destroyed after two years from the date of the decision of the case in the Trial Court provided that no appeal or revision in the case is pending in a Appellate Courts. Untraced bailable cases including cancelled cases will be removed and destroyed after two years from the date on which the Magistrate has passed orders about the case being kept as untraced or cancelled as the case may be.

(ii)       Packets coming under (b) will be removed and destroyed after five years from the date of order of the magistrate for keeping the case as untraced.

(iii)      Packets coming under (c) will be removed and destroyed after fifty years from the date of conclusion of proceedings under Section 512, Criminal Procedure Code.

 

 

APPENDIX No. 27-15 (VI)

 

Extract from Chapter 3-A, of Volume IV, High Court Rules and Orders regarding the duties of the prosecuting agency towards the District Magistrate.

 

            (7)        A convenient and valuable source of information for the adequate supervision of criminal business is the Police Department English register of cognizable offences mentioned in the Police Rule 24-8 (1). This register is placed before the District Magistrate on each working day when he is at district headquarters. It gives information not only of the action of the police (thus enabling the District Magistrate, to superintend their work) but also affords the means of watching the progress and the results of business in Court. The practice of merely initialing this register after a hasty glance at it too commonly prevails, but a few minutes each day spent on considering the entries for the day and for preceding days will enable the District Magistrate to maintain a close touch with all branches of the criminal administration. The entries for the day bring to light at once the orders of courts which are prima facie unsatisfactory and which require the scrutiny of the District Magistrate. The register, therefore, facilitates the making of references to the High Court, and puts the Deputy Commissioner in a position at the earliest possible moment to initiate proceedings by way of appeal. It can also be used to disclose cases which have been pending for an inordinate time.

 

            (8)        The Deputy Commissioner is the head of the prosecuting agency in the district and this affords him a further opportunity of keeping in touch with the work in all courts. It is easy for him to arrange to be informed by the prosecuting agency each day of any omission on the part of courts to record the evidence of witnesses produced and to investigate promptly any complaint which may be made of dilatoriness in any particular court.

 

            (9)        *           *           *           *           *           *           *           *

 

            (10)      The Judges are strongly of opinion that it is necessary to revert to the old system of sending up all material witnesses with the chalan. This system has been resumed in some districts with very marked success, but it can be carried out only if the work of Magistrates is so arranged that they shall without delay commence the trial of chalans presented to them by the police. No excuse for not proceeding at once with a chalan, should be accepted other than that the Magistrate is already engaged on another chalan, or on a complaint case in which a postponement would work genuine hardship. In such contingencies the fresh chalan should be proceeded with as soon as the Magistrate is free from the first from the first case, and it must be impressed upon Magistrate that witness should be examined at once, that the trial must proceed from day to day without interruption, that charges should be framed  without delay and without adjournment for the purpose of considering whether a charge should be framed or not, and that deference should bot be paid to the wishes of an unready bar. If the presentation of witnesses along with chalans renders it impossible on any particular day to record the statement of witness present in complaint cases, the evidence of the latte should be recorded the first thing next morning before the business of that day is undertaken, and similarly on any succeeding day the arrears of the pervious day should be disposed of  before the set work of that day. In this way it will be possible to avoid retaining any witnesses for more than two days at the utmost. Should congestion  occur or be threatened, the Magistrate should apply promptly to the District Magistrate for sanction to fix one or more blank days in the week to be utilized for catching up with arrears, and the District Magistrate will find it convenient to receive each day from the prosecuting inspector a short note showing how the system is working in each of the subordinate courts.

 

(11)      All arrests made by the police without warrant are reported to District Magistrate under Section 62 of the Criminal Procedure Code, and all remand orders under Section 167 passed by subordinate Magistrates are similarly reported. Both these reports should be forwarded tot he ilaqa Magistrate, who has already received the First Information Report. The Magistrate of the ilaqa is, thus, in a position to know what crime is under investigation in his ilaqa, and what cases are likely to reach his Court within the next days. The Magistrate is responsible that the completion report under Section 173 of the Criminal Procedure Code is not unduly delayed, and his responsibility in this respect should be emphasized. He should insist on the prompt submission of the First Information Report and of the arrest report, and he should call for the completion report from the Superintendent of Police if that report is unduly  delayed. The District Magistrate should cause the ilaqa Magistrate to realize that he is not a mere Judge whose  duty it is simply to decide cases produced before him, but that he is at all times responsible for the maintenance of the peace in the area which is made over into his charge. Every effort should be made to get the ilaqa magistrate to take a personal interest in and gain a through knowledge of his own than-as.

 

            (12)      The Deputy Commissioner’s absence in camp must necessarily interfere with his day-to-day supervision of the work of the subordinate  courts, but the interference can be minimized if arrangements are made with the Superintendent of Police that the register of cognizable crime is submitted each day to the next senior Magistrate at Sadar. That Magistrate, if not exercising the powers of a District Magistrate is not authorized to issue orders to the police but the object is that he should bring immediately to the notice of the District magistrate cases in which his interference is called for, and in which Magistrate  records should be obtained. Similarly the senior Magistrate can be entrusted with the duties of securing the punctual attendance of subordinate Magistrates and of seeing that witnesses are not dismissed without their evidence being recorded or that chalan cases are not delayed.

 

            (13)      Not infrequently cases have occurred where undue delay has taken place in reporting for revision the unsatisfactory orders of subordinate Courts, or in moving Government to institute appeals. The  delay is largely due to reliance on the monthly business statements which may not be submitted to the District Magistrate till a considerable time after the objectionable order has been passed. District Magistrates should make free use of the register of cognizable crime for these purposes, and should take prompt action in cases where such action appears necessary. Having done so, they should arrange to be informed at once of any appeal that may be made to the Sessions Court in a case which has been reported, and they must report promptly to the High Court first the fact of the appeal having been filed  and later its results.

 

 

FORM No. 27.1(3).

Memorandum of Chalan

F.I.R. No._____________________, dated___________________ Crown vs._________

 

Police Station________________ Section__________________.

           

            1.         Whether all the papers and documents entered in the list given on the chalan are properly attached toe the chalan?

 

            2.         Are all the columns of chalan form duly filled in? Note any mistake made in filling the form.

 

            3.         Does the list of property entered in column No.5 tally with the list given in Road Certificate? Note any discrepancies.

 

            4.         Is the copy of Police Station file complete? Does it contain a copy of the F.I.R? Is the file properly prepared and signed by Station seal, etc.?

 

            5.         Is the plain of spot prepared according to instructions, i.e., whether the notes on it are entered by the investigating officer in red ink, and if these notes appear to be made correctly?

 

            6.         Are the sketches of the weapons of  offence attached to the chalan? Do they bear the signatures of the preparing officer and the weight of the weapon?

 

            7.         Is the list of stolen property attached to the chalan? I    f so, does it bear the signatures of the complainant and the officer writing the list, with date?

 

            8.         In murder and hurt cases whether the post-mortem reports, inquest reports, statements of injuries, Chemical Examiner’s and Imperial Serologist’s reports attached to the chalan or not.

 

            9.         Whether the list of properties, etc. recovered, produced, or seized in the cases are correctly prepared, dated and signed by witnesses  and officer preparing them? Also whether the signatures of the witnesses of recovery who are entered in the chalan appear on the lists?

 

            10.       Were the accused’s search slips sent to Bureau and was any reply received is so, what?

 

            11.       Are the identification certificates of the accused attached to chalan?

                       

            12.       Which of the accused are previous convicts? Give brief note of their conviction with dates.

 

            13.       Whether all the persons who were accused of committing the offence in the F.I.R. or First Case diary have been sent up for trial?  Note is some  of them are omitted or some new are added. Also note if the  officer sending the chalan has noted any reasons for doing so in the brief.

 

            14.       Is the Police brief prepared according to instructions? Note defects. [ Paragraph 179.]

 

            15.       Are all the eye or other necessary witnesses whose name were mentioned in F.I.R. entered in the chalan? If not, are any reasons given in brief for doing so?

 

            16.       Note the dates on which the several accused were arrested

 

            17.       Were remands regularly taken and was the chalan prepared in proper time?

 

            18.       Whether all necessary evidence has been entered in the chalan? Note if there  are any commission.

           

            19.       Whether the personal bonds and bail bonds of accused persons and the recognizances of all witnesses are attached toe the chalan or not? If they are attached, note if they are complete, and properly bind the accused and witnesses fore attendance. If arrangements for producing witnesses along with the chalan have not been made, are any reasons given in the chalan for not doing so?

 

            20.       Note in cases sent up for proceedings under Section 512, Criminal Procedure Code, if the full description of the absconders and list of the property owned by them are attached to the chalan. Whether separate report for obtaining the warrant of arrest of absconder was received, whether proceedings under Section 87/88, Criminal  Procedure  Code, have been started.

 

            21.       In Cases of kidnapping an abduction note if the medical opinion and copies of birth register are attached with the chalan.

 

            22.       Whether the statements of prosecution witnesses were separately recorded under Section 161/162, Criminal Procedure  Code?

 

            23.       By whom has the chalan been prepared?

 

            24.       Has any unnecessary delay been made in the course of investigation or in chalaning the case?

 

            25.       Other necessary facts, defects and omissions made in the investigation, etc., which require special notice or which necessitate some action. Particular care should be taken to see whether enquiry has been made regarding the connections of Prosecution witnesses with the complainant and with the accused.

 

            26.       A brief order issued or action taken on the chalan.

 

            27.       Final decision of the case with date.

 

            28.       Note any undue delay made by court in dealing with the case. Instances in which witnesses were produced with the chalan and were sent back unheard, delays in frami9ng charges, hearing arguments or pronouncing judgments, etc.

 

            29.       If the case ends in discharge or acquittal, copy  of the judgment should be attached with an opinion as to whether or not he case is a fit one for revision or an appeal.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 27.2(1)(a)

POLICE STATION                                                                                                                           DISTRICT

 

Serial No. of charge sheet slip despatch register

Charge-sheet slip to accompany charge sheet No.

 

            (1) No. of First Information Report                                                                       (4) Date of sending up for trial

            (2) Date of Report                                                                                         (5) Date of arrival in Court

            (3) Value of Property                       [   Stolen

                                                            [    Recovered

 

1

2

3

4

5

6

7

Name of accused arrested, parentage caste, residence, occupation, description and special marks of identification

Offence under which charge by the Police and place of occurrence

Date of arrest

Date of transfer or escape

Offence which has been proved against the accused or in which he has been acquitted

Sentence, date of  sentence, name of court and presiding officer with his power, the district in which the trial was held and whether the case was tried summarily or otherwise

District serial No. of P.R. Slip (if any) as entered in P.R. Register

 

 

 

 

 

 

 

 

 

 

Signature of the Magistrate  

 

 

FORM No. 27.2(2)

LIST OF HEADINGS.

Station House Officer—

 

(1)               Name.

(2)               Parentage.

(3)               Caste and tribe ( settled or wandering).

(4)               Age.

(5)               Description

(6)               Residence. (In case he is not a Brish subject y birth both the original and the present residence should be given).

(7)               No. and date of Punjab Government Notification under Section 3 of the Criminal Tribes Act under which declared a member of a Criminal Tribe.

(8)               Date and place of registration.

(9)               F.P. Slip No.

(10)           No. and date of Punjab Government Notification imposing restrictions:-

(a)   Under Section 10.

(b)   Under Section 11.

 

(11)           Date and original area of restriction.

(12)           Changes in area of restriction mentioned under No. 11 above, if any with authorities.

(13)           Has he been in the Reformatory Settlement or in any other Criminal Tribes Settlement established under Section 16 Previously and, if so, supply the following information:-

 

(a)   No. and date of restriction orders under Section 16 with name of Settlement to which restricted.

(b)   When was he released on form ‘L’ under rule 28-A?

(c)    No. and date of order under section 18 discharging him from Settlement.

(14)           Is there any objection to the Criminal Tribe member being allowed to remain in his area of restriction mentioned above? If so, furnish material on the following points:-

 

(a)   Has he any land at his village, and if not, has he any other means of livelihood?

(b)   Modus Operandi.

(c)    Details of recorded and unrecorded suspicious with dates.

(d)  Particulars of friends and relations of bad character and of other persons of bad repute with whom the Criminal Tribe member associates.

(e)   General reputation in the village together with the opinion of the village officials.

(f)     Copy of Register A.

(g)   Station House Officer’s report concerning eligibility of the Criminal Tribe member for admission to the Reformatory Settlement after his release from jail and any remarks.

(h)   Offence now  committed.

(i)     Brief history of the case.

 

Prosecuting Branch—

 

(15)           Result of the case and action taken under rule 28(3) of the Rules framed under Section 20 of the Criminal Tribes Act.

(16)           Grounds on which the Criminal Tribe member is eligible for admission to Reformatory Settlement after his release from jail.

 

P.Dy, Supdt, Police

P.I.

 

Note:- The above form together with enclosures (in duplicate should be forwarded  tot he Deputy Commissioner for Criminal Tribes’ Punjab, with his remarks.

 

 

FORM No.27-9(1)

 

   Police Department,                                                                                   __________District.

   POLICE BRIEF IN CASE UNDER SECTION________________FIRST INFORMA-

TION REPORT NO._______________, POLICE STATION______________________

(1)        Place of occurrence and its distance

from the Police Station.

(2)        Date and time of occurrence.

(3)        Date and time when F.I.R. was made

at the Police Station, and explanation.

(4)        Value of property stolen. Recovered.

(5)        Name of complainant, with explanation.

If not, the leading injured party.

(6)        Name and parentage of accused and date of arrest with explanation of any delay in effecting arrest; also note whether mentioned in F.I.R. and if not when and how first mentioned ________________________________

 

[ Fresh page ]

 

(7)        Concise statement of the case for the prosecution.

                        [ Fresh page ]

(8)        List of witnesses, giving name, parentage and address.

                        [ Fresh page ]

(9)        List of point to be proved by the prosecution to establish the offence with serial number or witness to prove each point.

 

 

 

1

 

2

 

3

 

4

 

5

  Points to be

Proved to es-

Tablish the

  Offence

 

Serial Number

   Of witness

Abstract of

Statement of

 each witness as

Given in the

Police file

Reference to

Case diaries re-

Lating to the

Witness’s state-

Ment

REMARKS

 

 

 

 

 

 

 

Note 1.—For column 1—See under “Practice-Evidence” in the appropriate section in “The Law of Crimes”.

 

Note 2.—In column 5 – Note anything which counsel should know, e.g. explanation for delay in witness coming forward, credibility of witness (e.g., friendship with complainant, accused, or other witnesses), possible discrepancies and explanation thereof.

 

[ Fresh page ]

 

(10)      List of exhibits together with the explanation of any delay in the recovery of any article.

[ Fresh page ]

(11)      Probable Line of defence with reasons of investigating officer for rejecting it and suggested Line or rebuttal. (Note here reasons for omission of any accused or witnesses mentioned in F.I.R)

[ Fresh page ]

(12)      Proceeding in Court.

 

 

Date of hearing

 

 

What is to be done

   At this hearing

 

What has been

   Done at this

 

REMARKS

 

 

 

 

 

 

 

 

 

PROCEEDINGS IN THE COURT OF                      MAGISTRATE,                   CLASS

Date of hearing

 

 

What is to be done on this

Hearing

What has been Done on

This hearing

 

 

 

 

 

 

 

FORM No. 27-15(VI)

 

NAME OF PROSECUTING OFFICER ______________ DAILY DIARY

 

OF THE COURT OF __________________ FOR ___________________

 

1

2

3

4

5

6

7

8

9

10

11

Daily Serial No.

 

Case fixed for this day (including fresh cases) with names of accused, offence FIR No. and name of Police Station

Date of fir hearing of case

Number of witnesses summoned

Number of witnesses attended

Were all  witnesses served? If not, give reasons for non-service of summons

Number of witnesses examined

Explanation of the case was not taken up or if all the witnesses  were not examined or if, in fresh cases, witnesses were not present with the chalan

What

Proceed-

Ings were

Taken on

This day?

Next date

Of hear-

ing of

Cases

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTE 1.---- Each case shall be dealt with separately, and when a fresh date for hearing is fixed, the Prosecuting Officer shall immediately enter up the case under the new date and give a reference to the place in the diary when the case last came up for hearing.

 

NOTE 2.—Entries in column 8 must be confined to facts, and care must be taken to avoid any criticism of a Magistrate.

FORM No. 27-16(1)

VERNACULAR REGISTER OF PROPERTY SENT IN CASES AND OF UNCLAIMED PROPERTY

 

1

2

3

4

5

6

7

8

9

10

11

12

Serial No.

Reference to First to formation Report or to case diary or report

Name of Police Station from where received

Name of complaint or supposed owner

Name of accused or suspected person

Offence

Date of receipt

Detail of property in cases

Detail of unclaimed property

How disposed of

Date of disposal

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 26-16(3)

JAILOR’S RECEIPT FOR ALL PRISONERS DELIVERED INTO JAIL

 

1

2

3

4

5

6

7

Serial No.

Name, parentage and residence of prisoner

Authority under which sent to Jail

Name and signature of seal of officer-in-charge

Property, etc., sent with prisoner

Signature of Jailor, with date

REMARKS

 

 

 

 

 

 

 

 

 

Note : This register should be prepared by hand in vernacular in foolscap size and the headings written and pasted on lengthwise.

 

 

FORM No. 27-15(VI) – Concluded

DETAILS OF CASES PENDING IN EACH COURT

 

 

1

2

3

4

5

6

 

Pending From Last Week

Received During Week

Received by Transfer from Courts

Convicted

Serial No.

Court

Cases

Persons

Cases

Persons

Cases

Persons

Cases

Persons

7

8

9

10

11

12

13

Cases Persons

Cases Persons

Cases Persons

Cases

Persons

Cases

Persons

Cases

Persons

 

REMARKS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 27-15 (VIII)

REGISTER OF JUDICIAL EXPENSES BILLS

 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

Serial No.

Date of receipt of bill

Name of Police Station sub-mitting bill and other particulars

Diet of witness

Fare of witness

Diet of accused

Fare of accused

Carriage expenses of property

Carriage dead body

Feeding charges of recovered cattle

Miscellaneous

Total

Authority sanctioning the bill

Date of handing over the bills of the Nazir for payment

Date of payment by the Nazir

Signature of the payee and date

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 27-16(3)(A)

POLICE DEPARTMENT                                                                                                                                                    DISTRICT

REGISTER OF INGRESS AND EGRESS OF UNDER-TRIAL IN THE JUDICIAL LOCK-UP

 

 

INGREES OF PRISONERS

 

Serial No.

Date

Name and parent age of the prisoner brought into the lock-up

Name of the officer bringing the prisoner

Place where from brought in

Initials of the officer Incharge of the lock-up receiving the prisoner

REMARKS

EGRESS OF PRISONERS

Serial No.

Date

Name and parent age of the prisoner taken out of the lock-out

Place where sent

Name of the officer in charge of the escorting party

Initials or thumb mark of the officer taking over charge of the prisoner

REMARKS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 27-16(4)

VERNACULAR REGISTER OF WARRANTS OF ARREST NAD SEARCH AND OF

SUMMONSES RECEIVED FOR EXECUTION AND SERVICE BY THE POLICE

 

 

1

 

2

3

4

5

6

7

8

9

10

11

12

 

 

STEPS TAKEN BY THE POLICE

TO CARRY OUT

 

No.

Name, caste, occupation and residence of person on whom the process is to be served

For what offence issued

Warrant or summons and for what purpose

By whom issued

Date of process

Date of hearing of case

Date of receipt of process by the Police Department

Date of endorsement and despatch and name of Police Officer to whom endorsed

Date of execution of process

Date of return to Court

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 27-16(5)

VERNACULAR REGISTER OF INTERMEDIATE ORDERS IN CASES

 

1

 

2

3

4

5

6

7

8

No.

Complainant

Accused

Criminal Court

Offence with No. and date or First Information Report and name of Police Station

Intermediate order

Final order

REMARKS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 27-16(6)

VERNACULAR REGISTER OF PERSONS ON SECURITY TO BE OF GOOD

BEHAVIOUR, THEN NAMES OF SURETIES, ETC.

 

1

2

3

4

5

6

7

Serial No.

Name, father’s name and caste of person required to find security

Residence

Amount of security and of personal recognizance

Names, father’s names and caste of sureties

Residence of sureties

Name of Court which passed the order to find security, name of presiding officer, powers of the court, district in which order was passed and date of order

8

9

10

11

IMPRISONMENT IN DEFAULT OF SECURITY

DATE OF EXPIRY OF PERIOD OF SECURITY

Date and month of

 

(a) Date of going to prison

(b) Date of release

19      .

19      .

19      .

19      .

 

Reference to First information Report or papers in any case in which a person on security was convicted and bond became liable to forfeiture

Reference to papers appertaining to proceedings taken to obtain forfeiture of security and result of such proceedings

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 27-24 (2)

 

ORDER

 

            Summons from the Court of the                                                                 for the production at                                                           of the office files relating to the                                                                                                                                                               

(a)        I direct                                                                         to appear with the files mentioned in the summons a brief description of which is given below and to claim privilege for them under Section 123 of the Evidence Act.

(b)       Having examined the documents mentioned in the summons, I withhold permission to give any evidence derived from the files for which privilege is claimed under this order.

 

            It should be represented to the Court that these files contain unpublished official records relating to affairs of State for the purpose of Section 123 and that, in view of the provisions of Section 162 of the Evidence Act, the filed are not open to the inspection of the Court :-

 

 

 

 

Dated                                                              , the                                                                                                    Inspector-General of Police

 

 

 

 

                                                                                                                                                                                                                       

            * Here insert a brief description of the nature of the documents summoned together with the reasons for claiming privilege for example, this document is a report of a C.I.D. Officer making a secret inquiry into a case of fraud and it is undesirable in the interest of the inquiry that its contents should be disclosed.

 

 

 

 

FORM No. 27-32(1)

RECEIPT AND DESPATCH REGISTER OF CAHRGE-SHEET SLIPS AND CONVICTIONS

SLIPS REFERRNG TO CASES INCLUDED UNDR RULE 27-29

 

1

2

3

4

5

6

 

Disposal of Charge-sheet Slips

 

Annual serial No. of charge-sheet slips or conviction slips received from other districts or from Magistrates

 

Date of receipt with name of the district

Name of police station, offence with section and No. of First Information Report

Date of despatch to police section sending up the accused for trial

Date of return from the police station sending up the accused for trial

Name, parentage and caste of the convict

7

8

9

10

11

12

13

14

Residence

Disposal of Conviction Slip

 

Village

Police Station

District

Date of despatch to the district or police station in which the convict resides

Date of return from the district or police station in which the convict resides

Number of entry in register No. IX of the police station in which the conviction in entered

Date of return of conviction slip to district from which received. (The column will only be filled in where conviction slips are received from other districts)

REMARKS

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 27-16(7)

VERNACULAR REGISTER OF EXCISE CASES OCCURRING DURING THE YEAR 19     IN WHICH

POLICE OFFICERS HAVE BEEN DIRECTLY CONCERNED

 

1

2

3

4

5

6

7

8

9

Serial No.

Name of police station

Date of report

Description of offence committed with section of Excise or Opium Act and No. and date of First information Report, if any

Nature of action taken by the police (e.g., accused arrested, illicit spirits detained, report made to Excise Officer or as the case may be)

Name and rank of officer by whom action referred to in column 5 was taken

Final result of the case

Amount of reward, in any sanctioned for the police in the case

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 27-18(1)

REGISTER OF ISSUE FROM AND RETURNED TO THE PROSECUTING INSPECTOR’S MALKHANA

OF CASE PROPERTY DAILY PRODUCED IN COURTS AND PENDING CASES. – VIDE POLICE RULE 27-18.

 

1

2

3

4

5

6

7

Serial No. and date of issue

Serial no. of property register (form No. 27-16(1) on which the property issued, is entered)

Signature of the Court orderly to whom property issued

Initials of the prosecuting officer in whose presence the property was issued

Signature of the head constable, incharge, Malkhana, who receives back the property, with date of receipt

Initials of the prosecuting officer in whose presence the property was returned to the Malkhana

REMARKS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No. 27-33(1)

 

POLICE DEPARTMENT                                                                            DISTRICT

 

 

CONVICTION SLIP OF A PERSON CONVICTED IN ABOVE

DISTRICT WHO IS SUPPOSED TO RESIDE IN THE POLICE

STATION OF                         DISTRICT                            

 

 

Serial No. of charge-sheet slip despatch register.

 

 

1.         F.I.R. Report No.                               of Police Station                             

2.         Name                                                 , son of                        alias                          

3.         Caste                                                                         

4.         Occupation                                                              

5.         Description                 Age                Height                         particulars

marks as shown in charge-sheet.

            6.         Resident of village                Police Station                        District                     

            7.         Brief account of offence with section and of law under which

conviction was obtained and place of offence.

 

            8.         Sentence --

 

                        (i)        Date of sentence

                        (ii)       Court of

(iii)            Name of presiding officer

(iv)            District in which trial was held

(v)               Was case tried summarily or otherwise ?

 

9.         District Serial No. of P.R. Slip with

descriptive roll as shown therein

            10.       Remarks

            You are requested to return this statement in the event of its being discovered that the convicted person does not commonly reside in your police station or district.

 

 

Dated                                                                        

The                                                     19                                Superintendent of Police

 

 

Date of entry in the conviction register of the police station, with the signature of Clerk, Head Constable and the Serial No. of the entry                                                       .

 

 

 

 

 

 

FORM No. 27-36

General Register No.1

 

POLICE DEPARTMENT                                                                            DISTRICT

 

 

 

COGNIZABLE CASES REPORTED AT A POLICE STATION FOR THE YEAR 19

 

 

1

2

3

4

5

6

Annual Serial No.of cases reported

Police Station No. and date of First Information Report

Date and case of occurrence

Section of India Penal Code or law offended against

Name and parentage

Residence

 

 

 

 

 

 

 

 

 

 

 

 

7

8

9

10

11

ACCUSED

Name

Parentage

Caste and occupation

Residence

Age

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FROM NO.27-36-Contd.

 

 

 

12

13

14

15

16

17

18

CASES

 

True Cases

In which investigation was refused

Number of cases proved as false by the Magistrate or declared false

Number of cases in which a mistake of law or fact occurred or declared non-cognizable by a Magistrate

Ending in conviction

Ending in discharge or acquittal

No detected or apprehended ( cases in column 12 will not be shown)

Total  of true cases ( columns 12+15+16+17)

19

20

21

22

23

24

25

PERSONS

Person in custody on bail under section 170, Criminal Procedure Code, at beginning of the year

Arrested by the police during the year

Persons released under section 169, Criminal Procedure Code

Presons sent for trial

Number convicted

Number acquitted or discharged

Persons who had not been arrested at end of year ( only persons for whom warrants have been issued during the year will be included

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FROM NO. 27.36-Contd.

 

 

26

27

28

29

30

31

32

33

PROPERTY

Amount of Property Stolen

Amount of Property recovered

 

Rupees

Annas

Pies

Rupees

Annas

Pies

Reference to the entries in Register of Cognizable Officers

REMARKS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER XXVIII-RAILWAY POLICE AND OTHER SPECIAL RULES

 

28.1.        Organisation—The General Railway Police district administered by the Inspector

General of Police, Punjab, Comprises the railway systems within the boundaries of the jurisdiction of the Punjab Government. It is under the direct supervision of the Assistant Inspector General, Government Railway Police, who is invested with the same departmental powers within his jurisdiction as a deputy Inspector-General of a Range.

 

            The Government Railway Police force is organized to meet the special requirements of crime and the maintenance of law and order on the railways systems. The Assistant Inspector-General exercises administrative control over the whole force troll of  the Assistant Inspector-General as Assistant Superintendent of Police is in executive charge of Interior economy, of the Reserve, and of the staff inspectors, sergeants and lower subordinates who are specially allocated to the protection of passengers and the maintenance of order at railway stations. For the prevention and detection of crime and general police duties the Government Railway police jurisdiction is divided in to such number of sub-divisions as may be from time to time, authorized in the executive charge of Deputy Superintendents of police. Sub-divisions are further divided in to railway police station areas for the purpose of the registration of crime, the upkeep of records and the distribution of the force. For the investigation of crime, however every sub-inspector of railway police has the power of an officer in charge of a police station( vide rule 1.12).

28.2.        Jurisdiction—The jurisdiction of the railway police is confined to “Railway Limits, i.e.

all ground and buildings within the railway boundary fencing or boundary marks:-

 

                        Provided that all offences committed in or in close proximity to dwelling houses or barracks of railway servants shall be taken cognizance of and investigated by the district police. This proviso, however, does not extend to stations situated in Indian States where the railway police take cognizance of such offences.

28.3.        Central Investigating Agency.—The duties of the Central Investigating Agency

are:-

 

(1)               to investigate serious or complicated cases or special out breaks of crime;

(2)               to maintain records for the classification and prevention of crime and for the control of fluctuations;

(3)               to provide plain clothes detective staff;

(4)               to provide armed train guards in special circumstances;

(5)               to furnish seal checking posts at provincial boundaries  and elsewhere as required for the purpose of localizing investigations.

 

28.4.        Recruitment and Training—The Government Railway Police force recruits and trains

its own men and shares with the district police the facilities afforded by the Provincial Training School.

            Railway police constables may be attached to districts police station s with the permission of the Superintendent of district, for the purpose of acquiring knowledge of local bad characters and suspects. The shall, while so attached, be under the orders and control of the officer in charge of the police station for purposes of discipline and instruction.

28.5.        Duties and powers.—Gazetted officers, inspectors and officers in charge of railway

police station sand their subordinates shall be governed and guided by the orders defining the duties, responsibilities and powers of such officers contained in these rules, the Code of Criminal Procedure, Railways Act and Police Act and other laws.

28.6.        Special rules regarding investigations of railways accidents—The following rules regarding the investigation of railway accidents have special reference to the railway police:-

(j)     The railway police may make an investigation in to the causes which led to any accident occurring in the course of working of a railway, and shall do so-

(a)               Whenever any such accident is attended with loss of human life or with grievous hurt as defined in the India Penal Code, or with serious injury to property, or has prima facie been due to any criminal act or omission;

(b)               Whenever the District Magistrate, or other Magistrate appointed in this behalf by the provincial Government, directs an investigation to be held;

Provided that no such investigation shall be made when a magisterial enquiry has been commenced or ordered.

(ii)              Whenever an investigation is made under clause (a) or (b) of sub-rule preceding, it shall be supervised by an officer not below the rank of an inspector. A police officer attending a joint officer’s enquiry must be gazetted officer. The rules regarding notices of accidents, and inquires by government inspectors in to railway accidents issued by Government of India by notification in the Department of Commerce and Industry No. 801, dated the 24th March 1905, and in pursuance of section 84, Indian railways Act, 1890 will be found in Appendix 28.6.

(iii)            Except, when there is reason to suspect that a railway accident has been caused by the commission of cognizable offence which the police officer in question has jurisdiction to investigate, a police officer investigating a railway accident has no power to compel the attendance of witnesses or to make arrests.

(iv)            Whenever an investigation in to a railway accident is started by the railway police, they shall give immediate information to, and if necessary enlist the co-operation of the local district police.

The railway police, and, in the absence of railway police, the district police,are required

to report immediately to the nearest station master, or responsible railway official, every accident which may come to their notice, occurring in the course of working a railway, in which serious injury to person or property has been caused or an offence appears to have been committed.

An English and vernacular copy of that part of the rules, dealing with the duties of the

police in connection with railway accidents, shall be hung up in every railway police station and post and the orders therein shall be complied with. 

            28.6-A.                Arrest of railway servants—When the arrest of a railway servant is to be effected, a request shall ordinarily be forwarded to the railway authorities concerned for the relief form duty of the person so arrested. If the immediate removal of the railway servant form duty would be likely to endanger the safety of the travelling public, or be a serious inconvenience to the railway, the arrest shall ordinarily be deferred until the relief is effected, but the railway servant may be arrested and allowed to continue his duty under guard if it is advisable to place him under immediate restraint.

28.7.        Special duty of the railway police—(1)The following particulars duties, among others, devolve upon the railway police:--

 

(a)               To protect travelers form injury to person or property.

(b)               To maintain law and order at railway stations and in trains.

(c)                To attend be arrival and departure of passengers trains at station s and to render all possible assistance to passengers and railway  officers.

(d)              To bring to the notice of the proper authorities all offences under the Railways Act. And breaches of bye-laws, and all cases of fraud, or oppression, on the part of railway subordinates.

(e)               To keep platforms clear of idlers and beggars and to keep a look-out for suspicious persons, smugglers and person travelling with arms without a licensee.

(f)                 To search all empty carriages for property left  behind by passengers.

(g)               To control the hackney carriages playing for hire at railway stations and to enforce the regulation of the railway authorities with regard to them.

(2)               It is not the business of the railway police to undertake the watch and ward of railway property or of property consigned to the railway for transportation. For these duties a special force of watchmen is employed and administered by the railway authorities. The railway police shall not be required to intervene in cases of shortage or of missing goods or to examine or check the seals of goods wagons, unless they have reason to suspect the commission of cognizable offences. The provision of guards on goods trains is not one of normal duties of the police and should only be undertaken if there is definite reason to anticipate the commission of offences.

(3)               When, however offences are specially prevalent in any particular locality, the railway police are authorized to take special measure, including the posting of police to goods yards, special seal-checking operation and the investigation of shortages, with the object of detecting such offences and apprehending the offenders. Such measures are aimed solely at the control of crime and in no way affect the duties and responsibilities of railways officials in respect of the protection of railway property and private property entrusted to the railway for transport.

28.8.        Relation with the railway authorities—In regard to important matters connected with the railway police administration, and with the protective duties of the police and the preservation of order, the views of the Agent or other superior railway officers concerned shall be ascertained and considered.

28.9.        Relation with the district police—The district and railways police are branches of the same force and are required to co-operate and assist each other upon every occasion and in every way possible. An opportunity of attending inter-district police Conferences shall invariably given to sub-divisional officers of railway police concerned, and the Assistant Inspector-General.Railway Police shall be similarly given the opportunity of attending Conferences regarding criminal administration handle by rang Deputy Inspectors-General.

28.10.    Co-operation between railway and district police—The rules which follow have been framed to assist co-operation between railway and district police in particulars matters:-

 

(i)                 The Assistant Inspector-General of Railway Police shall keep in close touch with the Superintendents of district police through whose jurisdiction railways run, and should meet them periodically in order to arrange for satisfactory co-operation and harmonious working between their respective subordinates. The Assistant Inspector-General of Railway Police should also keep in touch with District Magistrates and see that the railway police show proper deference to the district authorities.

 

(ii)              District Magistrates should, form time to time, examine the registers railway police station s within their districts and record remarks on such examinations in the Minute Book of the station. Officers in charge of police stations shall send copies of such remarks through their sub-divisional officers to the Assistant Inspector-General who will see that proper action taken.

(iii)            Superintendents of district police shall frequently visit railway police station situated in their districts and satisfy themselves that the orders in connection with the deputation of district policemen to railway stations and  co-operation between railway and district police are being properly carried out. They should enter in the Station Minute Book remarks and suggestions in connection with these matters.

(iv)            All serious crime, including offences of which special reports have, under the police rules to be submitted by district police station, shall be specially reported at once by the railway police to the Superintendents of district police concerned and to the District Magistrate. The use of telegraph or telephone for these reports is advisable in cases in which delay would otherwise ensue.

(v)               Case diaries of the railway police shall be submitted by the railway police  officer making the investigation to the sub-divisional officer or Assistant Inspector-General of Railway Police, for scrutiny and orders. A copy shall also be sent to the Superintendent of Police of the district within those boundaries the case is registered to enable him to prosecute when necessary; to be available should the Magistrate empowered to take cognizance of the offence call for it; and in order that railway cases may be properly placed before the criminal courts.

(vi)            There are many case which, although initially and correctly registered in railway police stations, could equally lawfull and more successfully be dealt with by the district police. Cases of murder reported to have occurred within railway jurisdiction fall into this category, if they arise out of district feuds and quarrels or have been committed outside  railway limits, the railway line being merely used by the murderers with a view to creating the impression that death has been accidental. Dacoities, robberies and train wrecking, and similar offences, can often be better dealt with by the district police. It is important therefore, that Superintendents of Police should scrutinize First Information Reports received from railway police stations, and transfer from the railway police jurisdiction, to the district police stations, cases in which such transfer is desirable.

(vii)          Superintendent of district police shall give the railway police all assistance which they may require in following cases beyond railway limits. The presentation in court and prosecution of railway police cases shall be undertaken by the prosecution staff of the district concerned with  the same degree of energy and supervision as is enjoined upon them in respect of cases registered by the district police. Whenever possible the railway police will provide a special prosecuting officer for important cases and cases which involve railway technicalities, but such action shall relieve the district police of responsibilities for taking all steps in their power to assist the prosecution.

(viii)       Any defects or irregularities notices in charge-sheets, and other papers received from the railway police, shall be pointed out by the Superintendent of the district police to the subordinate railway police direct, but no strictures on the railway police shall be passes on such papers. When, in the opinion of the Superintendent of district police, the conduct of the railway police merits reproof the shall address the Assistant Inspector-General of Railway Police on the subject.

(ix)             If cases which should be, or have been, registered by the railway police are traced by the district police acting independently, information shall immediately be given to the railway police station concerned.

(x)               When the Assistant, Inspector-General of Railway Police sends a case for orders through a Superintendent of the district police to a magistrate empowered to take cognizance of it, or to a District Magistrate, the Superintendent of Police shall transmit it; he may not return it to the railway police with his own order, unless and until he has obtained the orders of the Magistrate concerned.

(xi)             When cognizable offences are committed in the vicinity of the railway, but such offences are not required to be investigated by the railway police under these rules, they shall to the utmost of their ability and without neglecting their more immediate duties, use every endeavour to arrest the offender and to assist the district police.

(xii)          Whenever cognizable crime on the railway is specially prevalent in a particular locality, the Assistant Inspector-General of Railway police may call on the Superintendent of Police concerned to co-operate with him in checking it. In such circumstances the Superintendent of Police concerned shall make such dispositions as, after a study of the situation, may be agreed upon by himself and the Assistant Inspector-General Railway Police, to be most suitable. If the section of line affected extends beyond the limits of one district, concerted preventive measures shall be instituted after a conference of police  officers representing all the areas concerned.

(xiii)        One or more literate railway police officers of or above the rank of constable shall accompany each passenger train. These officers shall wear uniform throughout  their period of duty. They shall maintain a “Train Diary” in which will be recorded information connected with  cognizable offences movements of bad characters and suspects and such other matters as may be prescribed. District  police stations shall, as far as possible, depute one or more constables in plain clothes to railway stations within the area of their jurisdiction to watch for the arrival or departure by the railway of known criminals  or suspicious characters. Such constables shall exchange information with the railway police officers travelling in passenger trains. Information received by this means shall be communicated at the earliest opportunity by the constables concerned to their officers in charge of police stations. If the travelling railway police officer is unable to find the district plain clothes constable during the halt of his train, he shall either make over a written message tot he station master and request him to have it delivered or in cases of urgency, he may himself alight and take the message to the district police station.

(xiv)        Doubtful cases and disputes as to jurisdiction in the case of railway police stations are governed by rule 25.5. The police station receiving a report of a cognizable offence shall record it, according to those rules. Delay in registration and investigation  pending the settlement of jurisdiction is expressly forbidden.

 

28.11. Special training of Railway Police.—The railway police shall be trained in accordance with the principles and methods laid down in Chapter XIX. The application of these principles shall have special  reference to  the requirements of railway police work. Upper subordinates and educated lower subordinates shall be passed in rotation courses of instruction in the Central Investigating Agency.  In the Headquarters lines school special instruction shall be given in the elements of booking and checking goods and the principles of train working, and the methods of criminals who habitually operate on railways.

 

28.12. Special arrangement for heary passenger traffic.—On the occasion of fairs and other assemblies creating unusually heavy traffic on a railway, the railway police shall under the instructions and with the approval of the railway authorities, arrange to admit to the railway station for each train only so may passengers as can be accommodated.

 

TOWN AND CANTONMENT POLICE SPECIAL RULES

 

28.13. Fixing beats system.—(1) In each town and cantonment for which a watch and ward staff is sanctioned, detailed statements shall be prepared of all day and night beats, patrols and traffic points to be furnished by the strength as calculated according to sub-rule (2) below. To illustrate each statement, a map shall be prepared to a suitable scale showing the boundaries of each beat, patrol area, & C., and the principal roads, lanes and important buildings included therein. Beats etc., shall be grouped according to the police station or post furnishing them, and within each group each beat, etc., shall be given a serial number. The strength of each beat and patrol shall be fixed according to the conditions of the locality.

 

            (2) The length and size of each beat, etc., shall be regulated by the locality, the status and character of the residents, incidence of crime and other local conditions. In thickly populated areas of narrow lanes and intersecting roads, both beats and patrol areas shall be sufficiently small to permit of no part being left unobserved long enough for a burglar to effect an entry, collect his spoils and make good his escape. In residential and commercial areas, where buildings are comparatively widely separated and roads are long and broad the organization of police supervision should be such that, while all parts of a beat and patrol area cannot be under constant observation, the moment at which any particular spot within that area may be watched shall be uncertain. With this object in view both beat constables and supervising patrols in such areas shall be provided with bicycles, as far as funds permit. For such purposes their bicycles shall be used (a) to convey the beat staff rapidly and silently from one part o0f their area to another, being then deposited in some convenient place while the police patrol on foot in a particular neighborhood (b) for the pursuit of criminals or suspicious persons.

 

            (3) Patrols are of two kinds, (a) patrols under head constables or superior officers for the supervision of beats, (b) patrols outside the area of fixed beats for the protection of special buildings or areas or for the interception of criminals and suspicious persons coming to or from the town or cantonment.

 

28.14. Division of town police.—When necessary, the town or cantonment shall be divided into divisions distinguished by a letter of the alphabet each division being in charge of a divisional officer of, or above, the rank of head constable, whose responsibilities and duties shall be explicitly stated in the standing orders. Each divisional officer shall, if possible, visit every beat in his division at least once during the day and night.

 

 

28..15. Section of divisions.—The point and beat staff of a division shall be subdivided into sections when necessary, each section being in charge of a section officer of the rank of head constable whose duties and responsibilities shall likewise be explicitly stated.

 

28.16. Hours of duty of constables.—(1) The hours of night and day beat duty shall be exactly stated and adapted to the seasons of they year.

 

            (2) Day duties and beats shali be reduced, as far as possible, after provision has been made for general protection, the regulation of traffic and the prevention of nuisances.

 

            (3) Except in cases of emergency no policeman shall be employed continuously on point or beat duty for more than 5 hours or more than 8 on 24 hours, and shall be given at least one complete night off duty in each week.

           

 

28.17. The beat book.—A beat book shall be prepared for each town and cantonment in which shall be recorded the dimensions of each night and day beat with the names of the principles streets and lanes within its limits. Public buildings of importance series, lodging-houses of ill-fame, liquor and drug shops, and all places needing special attention situated within the beat, shall be shown in the beat book, and beat constables shall be specially instructed regarding their responsibility in connection with them.

 

(a)               Traffic beats.—These beats shall normally consist of two constables, working within sight and signaling distance of each other, but sufficiently far apart for one constable to move out into the center of the road and stop a vehicles, which the other constable has signaled to him to intercept.

(b)               Patrols.—Sergeants, head constables or constables, shall be employed to watch from the footpath or side of the road at particular points, or along particular stretches of road, with a view to checking contraventions of the rules framed by Government under the Motor Vehicles Act, and all other traffic rules, local or general. Police Officers so employed shall ordinarily content themselves in the case of motor vehicles, with nothing the number of an offending vehicle. They shall endeavour to stop and take particulars of offending vehicles other than motor vehicles and, if circumstances permit their stepping into the middle of the road sufficiently far ahead of a motor vehicle to give the driver thereof a clear signal to stop, they may do so, but, in no circumstances shall any attempt be made to direct traffic by means of signals given  from the side of the road. Notes taken by patrols working under this rule shall be reported on return to the police station concerned, and subsequent action for the issue of formal warnings or for prosecution  shall be taken under the orders of the Superintendent of Police. Traffic points, beats and patrols shall be closely supervised by head constables and, where available, sergeants mounted on cycles.

 

(2)        on occasions such as fairs, public ceremonies, race-meetings and the like, when traffic is heavily congested on particular roads for a limited period, special police arrangements shall be made in accordance with the circumstances of each case, lines of constables being posted if necessary to direct different classes of traffic into different streams or along particular routes. On such occasions full use shall be made of special direction posts; notices in the Press and other methods of informing the public of the regulations to be observed.

 

(3)        All police officers on beat or patrol duty shall act according to the principles prescribed for traffic patrols in sub-rule (1) above in connection with contraventions of traffic regulations occurring within their view.

 

(4)        Vehicles shall not be stopped for interrogation at cross roads or in a manner liable to interfere with the free flow of other traffic. When it is necessary to examine licences, and make enquiries the driver concerned shall be directed to move his vehicles,  to a position indicated by the police officer, where other traffic will not be impeded. Checking of permits and tokens, registration numbers correctness of lighting equipment, etc., can be done to a great extent when vehicles are standing in parks.

 

(5)        In exercise of the powers conferred on them by section 31 of the Police Act, police officers on traffic duty shall require pedestrians to keep to the footpaths, or, where such do not exist, to the side of the road and shall prevent them from causing obstruction and danger to other classes of traffic.

 

(6)        Police officers on traffic duty are required to have a thorough knowledge of the neithbourhood and to be able to direct enquirers by the appropriate route to any area in that neithbourhood, or to important points such as railway stations, post offices and other principal public buildings. Police Officers on such duty must on no account whatever allow themselves to be provoked into losing control of their tempers, or into the use of discourteous language. They must remain firm but police at all times, and , while answering reasonable enquiries clearly and concisely, shall abstain from argument of all sorts and shall be on their guard against being distracted from attention to their duty by becoming involved in conversation.

 

28.19. Parking of vehicles.—(1) The rules farmed under the Motor Vehicles Act and Section  31 of the Police Act, supplemented in many cases by local bye-laws provide power to prevent vehicles of all classes from loitering, standing, or being left unattended in any public place to the obstruction or inconvenience of the public. To ensure observance of these regulations, the Superintendent of Police is authorizes, with the approval of the District Magistrate , to require the active assistance of local authorities in providing stands at suitable places, at which hackney carriages and public motor vehicles may wait for hirers, and parking spaces for private vehicles in congested business areas and in the neighbourhood of places of public resort. The regulation of public motor vehicle and hackney carriage stands is provided for by rules framed under the Motor Vehicles and Hackney Carriage Acts.

 

            (2)        Arrangements for parking private motor vehicles must be accommodated to the circumstances of the place or occasion and the dimension of, and nature of approaches to, the available parking space. The following general rules shall, now-ever, be observed.--

 

(a)               Separate parks shall be arranged for motor and horse-drawn vehicles.

(b)               In parks for motor vehicles, unattended vehicles shall be parked separately from those with attendants, and special arrangements shall be made for the former to be watched to prevent pilferage or wanton damage.

(c)                Strict control shall be exercised over entry and departure of vehicles to and from parks, and sufficient police shall be provided to ensure this and to prevent blocks and disorder.

(d)              Whenever possible, separate arrival and departure routes shall be prescribed for motor and hors-drawn vehicles, respectively or they shall be kept in separate streams.

(e)               Whenever possible, the entrances and exists of a park shall be separate and, where congestion is liable to occur owing  to arrivals and departures taking place simultaneously, departing vehicles shall not be allowed to cross those arriving.

(f)                 For parking at night, at balls, cinema theatres etc,  it is advisable to enforce the duplicate ticket system described in sub-rule(4) below.

 

(3)        For state occasions and important public functions special additional arrangements are necessary in order to secure the rapid and orderly evacuation of parks. In addition to the sub-divisions of parks prescribed in sub-rule(2) above, space must be set aside(a) for the carriages or motor cars of Their Excellencies the Viceroy, the Commander-in-Chief and the Governor if attending the function, and such other vehicles as are required to arrive and depart with them, (b) for the vehicle of Indian Ruling Chiefs and such staff as is required to arrive and depart with them. This park must be arranged in the order of departure of the Chiefs, which is invariably the exact reverse of the order of arrival, (c) for a special park for the vehicles of those high officials to whom, under general or special orders, “special park” labels have been issued in advance, conferring the privilege of arriving after and leaving before the general public. No vehicle shall be allowed to leave the general parks, till all vehicles in categories (a), (b) and (c) above have been cleaned.

 

(4)        On all occasions of the nature referred to in sub-rule(3) above, parking arrangements shall be carefully worked out well in advance; on occasions of major importance the arrangement made shall be fully rehearsed. On such occasions it is essential to arrange adequate arrival and departure platforms where a number of vehicle can set down and take up passengers simultaneously. The practice, which is permissible on informal occasions, of allowing the public to find their own vehicles in the parks, should not be followed, but numbered tickets in duplicate should be issued on arrival to the owners and drivers of vehicles. The vehicles shall be parked according to these numbers, and called up by the police officers at the departure platforms as the duplicate number tickets are handed to them, owners of unattended vehicles being allowed to fetch their vehicles from the park allotted to them to the departure platform to pick up their passengers.

 

28.20. Supervision of guards, beats and patrols.—(1) Standing orders for beat, point and patrol duties, and for all guards, shall be framed for each city and cantonment and shall be approved and countersigned by the Deputy Inspector-General Such standing orders shall include directions for inter-communication between patrols beats, etc. and for checking the movement of men those on duties. Permanent changes in the system so approved shall not be made without the sanction of the Deputy Inspector-General, and minor changes made shall be submitted to that officer for approval at his inspections. English and vernacular copies  or abstracts of the standing orders shall be supplied to the police stations, guards and posts concerned, and shall be kept up to date.

 

(2)        Inspectors in charge of cities and cantonments shall go the rounds of guards, beats, points and patrols at least once by day and once by night in each week, they should vary the times and route of their rounds and should make their night rounds as often in the second as in the first half of the night. Assistant and Deputy Superintendents shall go the rounds on the same principle at such intervals as the Superintendent may direct, subject to the rule that the city and cantonment at the headquarters of the district shall each be patrolled by a gazetted officer not less than once by day and once by night in each month. Cities and cantonments away from the headquarters of the district shall be similarly visited by day and night by the gazetted officer or inspector in charge at such intervals as the Superintendent may direct. In districts where there are several Assistant or Deputy Superintendents posted at headquarters, all shall share the duties prescribed in this rule.

 

            Note:-- The rounds prescribed above shall in Lahore include the Government House Guard.

 

(3)        Superintendents shall satisfy themselves that the orders contained in the above rules are properly-complied with and Deputy Inspectors-General shall pay attention to the matter at their inspections.

 

 

28.21. Reports of sales of arms and ammunition.—(1) Licensed dealers in arms and ammunition are required to report sales to the Superintendent of Police. When sales to residents of other district are so reported, the information shall be communicated to the Superintendent of Police of the district concerned if that district is in the Punjab  or in any province other than those specified below.

 

(2)        Reports referred to in sub-rule(1) above shall be communicated, in the case of the towns of Madras, Bombay, Calcutta and Rangoon to the Commissioner of Police and in the case of districts in Bengal and Madras to the District Magistrates.

 

28.22. Duties of police in connection with outbreaks of fire.--- (1)  It is the duty of every police officer, on discovering or receiving information of an outbreak of fire on or near his  or patrol area, to give the alarm immediately (a) to the inmates of the premises on fire, (b) to the fire brigade, (c) to the nearest police station. Any police officer, even though not actullay on duty as above shall, on becoming aware of an outbreak of fire, take the same action, if no beat or patrol officer is present and able to do so.

 

(2)In addition to giving the alarm, it is the duty of the police to save people if danger at the scene of the fire; to protest the premises and adjoining premises from looting; to arrange for property removed from buildings in the neighbourhood of fire be places under protection in place where it will not impede the operations of the fire brigade, and to assist in the removal of such property when asked to do so by the owner; to prevent access to the burning building and neighbouring buildings by unauthorized persons and to keep way clear for the arrival of the fire brigade and space for its operations. The police are also required, in places where there is a piped water supply, to inform municipal or other official in charge of such supply of the locality of the fire, so that pressure may be arranged accordingly, and to keep clear of crowds the way from all neighbouring fire hydrants to the site of the fire. Where there is no piped water supply, the police shall, pending the arrival of the fire brigade, take such steps as are possible to arrange for a supply of water.

Note. – Municipal committees are required to furnish to Superintendent of Police of the position of water mains and fire hydrants and of places where the keys of mains are kept both day and night.

(3)Pending the arrival of the fire brigade, the police shall do what is possible to extinguish the fire and prevent it from spreading. In serious cases the senior police officer present shall communicate information to the City Magistrate or other Magistrate having jurisdiction and shall arrange, for the attendance of a doctor or ambulance.

(4)               On arrival of the fire brigade the police shall assist its operations by controlling crowds, preventing obstruction salvage property. After the departure of the fire brigade, police shall remain on the spot till all danger of recrudescence has passed, and untill all crowes have dispersed.

28.23. Fire Brigade. --  (1) The duties of fire brigade are laid down in Ministry of Education notification No 15291, published in the Punjab Government Gazzette of 26th June 1925. It is appoint a fire officer to exersice general control of the operations of the operations for extinguishing fires, and no other person is authorise to exercise such control when such officer id present. The fire officer will ordinarily be the Superintendent of Police or a senior Magistrate.

 

(2)Where a trained fire brigade exists, in independently of the police, the work of fire fighting and salvage shall be left entirely to such brigade once it has reached the scene of fire. In  such cases the police are not concerned with the handling or upkeep of fire appliances.

  (3)In places where a separate fire brigade does not exist, the care and manipulation of fire engines and appliances supplied by the municipal committee may be undertake by the police, with the prior sanction in each case of the Inspector General of Police, with will also decide in conformity with the instructions of the local Government, what additional police establishment, if any, shall be entertained at the cost of the committee. In such cases the Superintendent of Police shall be responsible for the training and discipline of the police officers employed on fire brigade duties, and rules for their duties and shall be framed, with the approval of the District Magistrate and the municipal committee concerned, and conforming, as far as possible, to the rules referred to in sub-rule (1) above.

28.24 . Fairs. – (1) Relevant extracts the list of fairs appended to Punjab Consolidated Circulars 41, duly corrected up to date, shall be hung up in the officers of Superintendent of Police and of the police stations concerned. To supplement the general orders contained in this rule a special file shall be maintained in each district regarding the police arrangements of each of fair of importance.

(2)The authority charge with the management of each fair is required to give timely notice to the Superintendent of Police of the nature and extent of the duties for which police will be required on receipt of this information the Superintendent of Police shall arrange to provide the number of police which he considers necessary. District Boards and other authorities managing fairs are required to pay, from the fees levied from people attending the fair, the extra cost entailed by concentrating police entertaining extra-chowkidars, and making suitable arrangements for the accommodation of the police both on and off duty at the fair, but should not be charged with actual pay and allowances of the police so employed.

(3)In addition to their normal duties of maintaining law and order, preventing and detecting  crime and controlling traffic, the police on duty at fairs are required to enforce the sanitary regulations prescribed and to assist and support the sanitary and medical staff. In making their arrangements Superintendent of Police should provide men for this duty. All deaths occurring in their outside the hospital (if any) shall be reported to the medical officer in charge at the Superintendent of Police.

(4)The officer in charge of the local police station or, if of or above the rank of sub-inspector, the officer in command of the police specially detailed for duty at the fair shall submit a daily report to the Superintendent, showing the approximate number of persons attending the fair, the crime reported, state of public at the fair and any other matters of interest.

28.25. Town watchman. - - In certain municipal towns the police establishment is wholly, or in part, a body of town watchmen, controlled by the Superintendent subject to the general supervision of the District Magistrate. The rules regarding their appointment, promotion, dismissal, powers and duties are given in Appendix 28.25. The directions in rule 28.20 shall, so far as possible, apply to town watchmen.

  


 

APPENDIX No. 28-6

RAILWAY DEPARTMENT

(RAILWAY BOARD)

NOTIFICATION

New Delhi, the 19th March, 1930.

 

 

            No. 1926-T. – In exercise of the powers conferred by the Notification of the Government of India in the Department of Commerce and Industry, No. 801, dated the 24th March, 1905, and in pursuance of Section 84 of the Indian Railways Act, 1890 (IX of 1890), the Railway Board are pleased, in supersession of the rules published with their notification No. 120-T. – 18, dated the 21st March, 1923 to make the following rules, namely :-

 

 

Notice

 

1.                  The notices mentioned in section 83 of the Indian Railways Act, 1890 (herein-after in these Rules refer-IX of 1890 read to as “the Act”) shall contain the following particulars namely :-

 

mileage, or station or both, at which the accident occurred;

time and date of the accident;

number and description of train or trains;

nature of the accident;

number of people killed or injured, as far as known;

cause of the accident, as far as known;

probable detention of traffic.

 

2.                  When any accident such as is described in section 83 of the Act occurs in the course of working a railway, the station – master, the nearest to the place at which the accident has occurred or, where there is no Station-master, the railway servant in charge of the section of the railway on which the accident has occurred, shall given notice of the accident by telegraph to the Government Inspector, the District Magistrate and the District Superintendent of Police of the district in which the accident has occurred or such other, Magistrate or Police Officer as may be appointed in this behalf by the Local Government, to the Superintendent of Railway Police and to the officer-in-charge of the police-station within the local limits of which it has occurred.

 

Explanation. – For the purposes of this rule accidents of a description usually attended with loss of human life are meant to include all accidents to passenger trains such, for example, as slight collisions derailments, train-wrecking or attempted train-wrecking, cases of running over obstructions placed on the line, of passengers failing out of trains or of fires in trains, in which no loss of life, or grievous hurt as defined in the Indian Penal Code, or serious injury to property has actually occurred, but which by the nature of the accident might reasonably have been expected to occur; also cases of landslides, or of breaches by rain or flood which causes the interruption of any important through line of communication for at 24 hours.

 

3.                  The notice of accidents required by section 83 of the Act to be sent without unnecessary delay by the Railway Administration to the Local Government shall be sent as follows:-

 

 

(a)               By telegram in the case of –

(i)        accidents deemed under the Explanation to Rule 6 to be serious by reason of loss of human life;

(ii)              accidents by reason of which the permanent way is likely to be blocked for more than 12 hours; and

(iii)            cases of supposed train-wrecking or attempted train wrecking; and

(b)       By letter in all other cases.

 

 

Duties of railway servants.

 

4.                  Every railway servant shall report , with as little delay as possible, every accident occurring in the course of working the railway on which he is employed which may come to his notice. Such report shall be made to the nearest Station-master, or, where there is no Station-master, to the railway servant in charge of the section of the railway on which the accident has occurred.

 

5.                  The Station-master, or the railway servant in charge of the section, shall report the accident in accordance with the detailed rules laid down by the railway concerned for the reporting of accidents.

 

Duties of District Traffic Officers.

 

6.                  Whenever a serious accident occurs, the District Traffic Superintendent concerned shall supply by telegraph to the press soon after the accident as possible brief particulars, as far as these are available as prescribed in rule 1 supplementary telegrams, if necessary, being despatched immediately further information is available. A copy shall be sent simultaneously be “Express” telegram to the Railway Board and the Government Inspector. In stating the cause of the accident the District Traffic Superintendent shall avoid making any statement the correctness of which may subsequently be questioned.

 

Explanation. – For the purposes of this rule every accident to a train (whether carrying passengers or not) which is attended with loss of human life or with grievous hurt as defined in the Indian Penal Code, or with serious injury to property, which is roughly estimated to cost, say, Rs. 10,000 or over, also every accident, such as a landslide, beach by rain or flood, derailment, etc., which causes the interruption of any important through line of communication for at least 24 hours shall be deemed to be a serious accident. For the purposes of this rule cases of tresspassers run over and injured or killed through their own carelessness or of passengers injured or killed through their own carelessness shall not be deemed to be serious accidents.

 

            Duties of the Government Inspector appointed under Section 4 sub-section (1) of the Indian Railways Act, 1890 (IX of 1890).

 

7.                  (1) Whenever the Government Inspector receives notice under section 83 of the Act of the occurrence of an accident which he considers of a sufficiently serious nature to justify such a course he shall, as soon as may be, notify the railway Board and the Agent or Manager of the railway concerned, of his intention to hold an enquiry and shall at the same time fix and communicate the date, time and place for the enquiry.

 

 

 

(2)        For the purpose of this rule every accident to a train carrying passengers which is attended with loss of human life or with serious injury to persons, or to property of the value of approximately Rs. 10,000 or upwards, and any other accidents which, in the opinion of the Government Inspector, requires the holding of an enquiry, shall be deemed to be an accident of a sufficiently serious nature to require the holding of an enquiry.

 

(3)        When an accident, requiring the holding of an enquiry occurs at a station where the charges of two or more Government Inspector meet, the duty of complying with this rule shall devolve on the Government Inspector within whose jurisdiction lies the railway working the station which is the scene of the accident.

 

 

            (4)        If, for any reason, the Government Inspector is unable to hold an enquiry, at an early date, after the occurrence of such an accident, the Agent or the Manager of the Railway concerned shall, on request by the Government Inspector, forward to him, with as little delay as possible, the proceedings of the joint enquiry which has been made under Rule 18. The Government Inspector shall advise the Railway Board of the reason why an enquiry has not been held by himself. If the Government Inspector, after examination of the joint enquiry proceedings, considers that an enquiry should be held by himself, be shall, as soon as possible, notify the Railway Board and the Agent or Manager of the Railway concerned, of his intention to hold an enquiry and shall at the same time fix and communicate the date, time and place for the enquiry.

 

8.                  Whenever the Government Inspector has made an enquiry under Rule 7, or when he disagrees with, or considers it necessary adversely to criticise the report of the joint or department enquiry or the working of the railway, he shall submit a report in writing to the Railway Board and, in the case of a railway under the control of a Local Government or Administration, to such Local Government or Administration also; and shall forward a copy of such report to the Agent or Manager of the railway concerned, and, if a magisterial enquiry is being made, to the Magistrate who is making such enquiry.

 

9.                  (1) In the case of all accidents of the nature described in sub-rule (2) of rule 7, preliminary brief narrative report shall be submitted by the Government Inspector to the Railway Board immediately after the completion of his enquiry. This report shall not contain any reference to persons implicated. The report, referred to in rule 8, shall be submitted in the form adopted by the Inspecting Officers of the Board of Trades and shall contain –

 

(a)               a brief description of the accident;

(b)               a description of the locality of the accisent;

(c)                a detailed statement of the evidence taken;

(d)              the conclusion arrived at;

(e)               an appendix stating the damage done,

(f)                 (when necessary) a sketch illustrative of the accident.

 

(2)        Reports, in connection with accidents which, although coming under section 83 of the Act, are not accidents of the nature described in sub-rule (2) of rule 7, will be submitted to Railway Board only if, in the opinion of the Government Inspector, they contain features of special importance or requiring special notice. When the Government Inspector recommends the publication of such a report, it shall be in the form adopted by the Inspecting Officers of the Board of Trade when not recommended for publication, it may be in the form of a letter explaining as briefly as possible, the special features which the Government Inspector desires to bring to notice.

 

10.              If the Agent or Manager makes any remarks on the Government Inspector’s report under 16 and 17 or expresses an intention to do so, the Government Inspector shall inform the Railway Board and the Local government or Administration controlling the Railway, of the steps which have been or are proposed to be taken by the Railway administration to prevent a recurrence of similar accident, and whether in his opinion, further action in the matter is desirable.

 

11.              The Government Inspector shall, as far as possible, assist any Magistrate making an enquiry under rule 22 or a judicial enquiry, whenever he may be called upon to so do.

 

12.              Nothing in these rules shall be deemed to limit or otherwise affect the exercise of any of the powers conferred on Government Inspectors by section 5 of the Act.

 

Duties of the Agent or Manager, and of the Head of the Department concerned.

 

13.               Whenever any accident has occurred in the course of working a Railway, the Agent or Manager shall give all reasonable aid to the District Magistrate or the Magistrate appointed or deputed under rule 22, and to the Government Inspector, Medical Officers, the police, and others concerned to enable them promptly to reach the scene of the accident, and shall assist those authorities in making enquiries and in obtaining evidence as to the cause of the accident.

 

14.              Whenever any accident occurring in the course of working a railway, has been attended with grievous hurt, as defined in the Indian Penal Code, it shall be the duty of the Agent or Manager to afford medical aid to the sufferers, and to see that they are properly and carefully attended to till removed to their home or handed over to the care of their relatives or friends. In any such case, or in any case in which any loss of human life or grievous hurt, as defined in the Indian Penal Code, has occurred, the nearest local medical officer should be communicated with, if he is nearer than any railway medical officer.

 

15.              When any enquiry, under rule 7 or rule 22, or any judicial enquiry is being made, the Agent or Manager shall arrange for the attendance, as long as may be necessary, at the office or place of enquiry, of all railway servants whose evidence is likely to be required. If the enquiry is to be held by the Government Inspector under rule 7, the Agent or Manager shall cause notice of the date, hour and place at which the enquiry will begin to be the officers mentioned in clauses (a) and (c) of rule 19. He shall also arrange for the attendance of the District Officers at the enquiry.

 

16.              Whenever the Agent or Manager receives a copy of the Government Inspector’s report under rule 8 he shall at once acknowledge its receipt. If he differs from the views expressed in the report, he shall at the same time submit his remarks thereon, or, if be is not immediately able to do so, he shall, in his acknowledgement of the report, inform the Government Inspector of his intention to submit his remarks later. If the Agent or Manager desires to prosecute any person or persons, he shall immediately forward a copy of the report together with a statement of the persons he wishes to prosecute, to the District Magistrate of the district in which the accident occurred, or to such other officer, as the Local Government may appoint in this behalf.

 

17.              Whenever the report of the Government Inspector point to the necessity for or suggests a change in any of the rules or in the system of working, the Agent or Manager shall, when acknowledging the report, intimate the action which has been taken, or which it is proposed to take, to prevent a recurrence of similar accidents, or shall inform the Government Inspector of his intention to report further on the Government Inspector’s proposals.

 

18.              (1) Whenever an accident, such as is described in section 83 of the Act, has occurred in the course of working a Railway, the Agent or Manager shall cause an enquiry to be promptly made by a committee of Railway Officers (to be called a “joint enquiry”) for the through investigation of the causes which led to the accident: -

 

Provided that such enquiry may be dispensed with –

(a)               if any enquiry is to be held by the Government Inspector under rule 7;

(b)               if the accident has not been attended with loss of human life, or with grievous hurt as defined in the Indian Penal Code, or with serious injury to property or;

(c)                if there is no reasonable doubt as to cause of the accident; or

(d)              if one department of the railway intimates that it accepts all responsibility in the matter.

 

(2) Where such enquiry is dispensed with, it shall be the duty of the head of the

department of the railway responsible for the accident to make such enquiry (to be called a “departmental enquiry”) as he may consider necessary, and if his staff or the system of working is at fault, to adopt or suggest such measures as he may consider expedient for preventing a recurrence of similar accidents.

 

            19.       (1) Whenever a joint enquiry is to be made, the Agent or Manager shall cause notice of the date and hour, at which the enquiry will commence, to be given to the following officers, namely :-

(a)               the District Magistrate of the district in which the accident occurred, or such other officers as  the Local Government may appoint in this behalf, the Superintendent of Railway Police and the District Superintendent of Police;

(b)               the Government Inspector for the section of he railway on which the accident occurred; and

(c)                the officer-in-chare of the Railway police, or if there are no Railway police, the officer-in-charge of the police-station in the jurisdiction of which the accident occurred.

 

(3)               The date and hour at which the enquiry will commence shall be fixed, so as to

give  the officers mentioned in sub-rule (1) sufficient time to reach the palace where the enquiry is to be held.

 

            20.       (1) AS soon as any joint or departmental enquiry has completed, the President of the Committee or the head of the department, as the case may be, shall send to the Agent or Manager a report which in the case of all accidents of the nature described in the explanation to rule 6 must be submitted in the form prescribed by sub-rule (1) of rule 90.

 

            (2) The Agent or Manager shall forward, with his remarks as to the action it is intended to take in regard to the staff responsible for the accident or for the revision of the rules of the system of working a copy of such report -

(a)               to the Government Inspector for the section of the railway on which the accident occurred;

(b)               if no enquiry or investigation has been made under rule 22 or if a joint or departmental enquiry has been held first, to the Magistrate or officer appointed under clause (a) of sub-rule (1) of rule 19; and

(c)                if any judicial enquiry is being made, to the Magistrate making such enquiry.

 

(4)               Such copy shall be accompanied in the case referred to in clause (b) of sub-rule

(2), by a statement of the persons, if any, whom the Agent or Manager desire to prosecute, and in the case referred to in clause (c) of the same sub-rule, by a copy of the evidence taken at the enquiry.

 

            21.       A copy of report of inquiries held on accidents not of the nature specified in section 83 of the Act, such as averted collisions, technical accidents, or breaches of block rules, shall be forwarded to the Government Inspector for the section of the Railway on which the accident occurred.

 

Duties of Magistrates.

            22.       Whenever an accident, such as is described in section 83 of the Act, has occurred in the course of working a Railway the District Magistrate, or any other Magistrate, who may be appointed in this behalf by the Local Government, may, either -

 

(a)               himself make an enquiry into the causes which led to the accident; or

(b)               depute a subordinate Magistrate, who, if possible, should be a Magistrate of the first class, to make such an enquiry; or

(c)                direct an investigation into the causes which le to the accident to be made by the police.

 

23.              Whenever it is decided to make an enquiry under clause (a) or clause (b) of rule

22, the District Magistrate or other Magistrate appointed as aforesaid or the Magistrate deputed under clause (b) of rule 22, as the case may be, shall proceed to the scene of the accident and conduct the enquiry there, and shall at once advise the Agent or Manager of the railway and the Government Inspector by telegraph of the date and hour at which the enquiry will commence, so as to enable the railway administration to summon the requisite expert evidence.

 

            24.       A Magistrate, making an enquiry under rule 22, may summon any railway servant, and any other person whose presence he may think necessary, and, after taking the evidence and completing the enquiry, shall if he considers there are sufficient ground for a judicial enquiry, take the requisite steps for bringing to trial any person whom he may consider to be criminally liable for the accident. Whenever technical points are involved, the Magistrate should call for the opinion of the Government Inspector or other professional persons.

25.       The result of every enquiry or investigation made under rule 22 shall be communicated by the Magistrate tot he Agent or Manager of the Railway and to the Government Inspector.

26.  If in the course of any judicial enquiry, into an accident occurring in the course of work a Railway, the Magistrate desires the Assistance of the Government Inspector or of the Agent Manager of the Railway, or the attendance of any officer of the railway, to explain any matter relating to railway supervision, management or working he issue a requisition to the Agent or Manager for the attendance at court of an officer competent to explain such matter, starting at the same time the nature of the assistance required. In summoning Railway servants, the Mgistrate will take care not to summon so large a number of the employees, especially of one calss or the same day, as  to cause inconvenience to the working of the Railway. In the case of very serious accidents it will generally be advisable for the Magistrate to obtain a report, form both the Government Inspector and the Agent or Manager of the Railway, in regard to the accident, before finally concluding the judicial inquiry.

27.  On the conclusion of any such judicial enquiry the Magistrate shall send a copy of his decision to the Agent or Manager of the Railway, and to the Government Inspector, and shall, unless in any case he thinks it unnecessary to dos so, report the result of the enquiry to the Local Government.

28.  (1)        The Railway police may make an investigation in to the causes which lead to any accident occurring in the course of working a Railway and shall do so –

(a)               whenever any such accident is attended with loss of human life, or with grievous hurt as defined in the Indian Penal Code, or with serious injury to property or has prima facie been due to any criminal act or omission; or

(b)               whenever the District Magistrate or the Magistrate appointed under rule 22 has given a direction under clause (c) of that rule.

Providing that no such investigation shall be made when an enquiry has been commenced or ordered under clause (a) or clause (b) of rule 22.

(3)               The Railway police shall report, with little delay as possible, to the nearest

station-master or , where there is no Station-Master, to the Railway servant in charge of the section of the Railway on which the accident has occurred, every accident which the Section of the Railway on which the accident has occurred, every accident which may come to their notice occurring in the course of working a Railway attended with loss of human life, or with grievous hurt as defined in the Indian Penal Code, or with serious

injury to property , or which has prima facie been due to any criminal act or omission.

29. (1)  Whenever an investigation is to be made by the Railway police—

(a)               in a case in which an accident is attended with loss of human life or with grievous hurt as defined in the Indian Penal Code, or with serious injury to property; or

(b)               in pursuance of direction given under clause (c) of rule 22, the investigation shall be conducted by the officer-in-charge of the Railway police or, if that officer should be unable to conduct the investigation himself, then by an officer to be deputed by him.

(2)The officer deputed under sub-rule (1) shall ordinarily be the senior officer available, and shall whenever possible be a gazetted officer, and shall in no case be of rank lower than that of Inspector:

Provided that the investigation may be carried out by an officer-in-charge of a police station---

(i).       In such a case as is referred to in clause(a) of sub-rule (1) unless loss of life or grievous hurt has been caused to more persons than one or injury to property has been caused  to a value exceeding Rs. 10, 000, or there is a reason to suspect that any servant of the Railway has been guilty of neglect of rules, or.

(ii)              in the case referred to clause (b) of sub-rule(1) if the District Magistrate so directs.

30.       The officer who is to conduct an investigation in pursuance of rule 29 shall proceed without delay to the scene of the accident and conduct the investigation there and shall at once advise the Agent or Manager of the Railway and the Traffic Officer of the district by telegraph of the date and hour at which the investigation will commence so that, if possible, the presence of a Railway official may be arranged for to watch the proceedings and to aid the officer making the investigation. The absence of a Railway official must no, however, be allowed to delay the investigation, which should be made as soon as possible after the accident has taken place.

            31.       (1).       In every case to which rule 29 applies, immediate information shall be given by the Railway police to the district police, who, if so required shall afford all necessary assistance and shall if occasion arises, carry the investigation beyond the limits of the Railway premises. But the Railway police are primarily entrusted with the duty of carrying on the investigation within such limits.

(3)               Subject to any provisions elsewhere contained in these rules, the further prosecution of the case on the conclusion of the police investigation shall rest with the Railway police.

32.              The result of every police investigation shall be reported at once to the District Magistrate or other officer appointed in this behalf by the Local Government or the Agent or Manager of the Railway or other office appointed by him, and to the Government Inspector.

33.              Where there are no Railway police, the duties imposed by rules 28, 29 and 30, sub-rule (2) of rule31, and rule 32 on the Railway police, or on the officer-in-charge of the Railway police, shall be discharge d by the District police or by the District Superintendent of Police, as the case may be.

 

 

J.F.BLACK WOOD

Secretary, Railway Board

 

APPENDIX NO. 28.25.

 

Notification No. 96, dated 27th July, 1888

Now Act III of 1911.+ ( Not Printed)—Upper the provisions of section 154 (o) of the Punjab Municipal Act 1884, the Hon’able the Lieutenant-Governor is pleased to make the following rules for the appointment, promotion and dismissal of town watchman in the municipalities specified in the schedule here to annexed.

 

            The following directions regarding the duties of such town watchmen have also been framed by the Lieutenant-Governor under the Provisions of section 76 (1) (c) of the same enactment.

            The rules and directions will have effect form the date of the publication of this notification in the Gazette—

            The rules regarding the appointment , promotion and dismissal of town watchmen.

+Now Act III of 1911—When the police establishment maintained under Chapter V, Act XIII of 1884 is wholly or in part a body of watchmen, such watchmen shall be under the orders of the Superintendent of Police, subject to the general control of the District Magistrate.

2.      (a) The appointment and promotion of town watchmen shall rest with the Superintendent of Police and the rule sanctioned by Government for appointment and promotion of enrolled policemen, as given in the Police Rules, shall be applied so far as the Magistrate of the district shall deem necessary for the efficiency of the said watchmen.

(c)                The Superintendent of Police may at any time dismiss, suspend, or reduce any

town watchman whom he may the Municipal Committee by resolution may approve of and nominate, and appointments shall be made form such candidates if fit for the duty, if not fit, the Superintend of police may, after recording his reasons for rejecting such nominees, appoint men selected by himself.

3. (a).   The Superintendent of Police may at any time dismiss, suspend or reduce any town watchman whom he may  think remiss or negligent in the discharge of his duty or unfit for the same, or fine any town watchman to any amount not exceeding one month’s pay 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.

(b).      The municipal committee or the President of Municipal  Committee may  be resolution bring to the notice of the Superintendent of Police through the District Magistrate any town watchmen who in there opinion has been negligent in his duty or report for the approval of the District Magistrate and for the information of the committee the result of his enquiry.

4.   No town watchman or daffadar shall withdraw from the duties of his office unless—

(1).       He has received permission to resign form the Superintendent of Police, or from, some other person authorized by the Superintend of Police to accept his resignation ; is

(2). two months have elapsed since he gave notice of his intention to resign to the Superintendent of Police.

Direction regarding the duties to be performed by town watchmen.

5.         .(a).      It is the duty of every town watchmen to keep watch and ward in the town.

             (b).     A watchman shall be bound to render all assistance in his power in case of conflagration within  the limits of the municipality.

(d)              A watchman shall take charge of any property found unclaimed within the limits of the municipality, and hand it over to the officer-in-charge of the police station.

6.   Every town watchman is bound for with to communicate to the officer-in-charge of the police station within the limits of which his beat is situated any information he may obtain respecting many person found lurking in such beat who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself; or respecting the residence in or resort to, any place within the limits of such beat of any person who is a reputed house-breaker or thief or who is of notoriously bad livelihood.

7.   Every town watchman shall observe and form time to time report to the officer mentioned in rule 5, the movements of all bad character s in his beat, and shall report the arrival of suspicious characters in the neighborhood.

8.   Every town watchman shall give timely intimation to the officer mentioned in rule 6 in the event of notorious bad character residing in his beat being absent at night without having given notice of his departure, or associating with individuals of night  bad reputed, or ceasing to labour or to obtain a livelihood by hones  means.

9.   Every town watchman shall keep  the officer mentioned in rule 6 informed of all disputed which are likely to lead to any riot or serious affray, and of all intelligence the receives affecting the public peace within or near his beat.

10.              It shall be the duty of the town watchman to report to the officer-in-charge of the police station within the limits of which his beat is situated all deaths which occur in such beat and to furnish such other information in connection with vital statistics as may be required of him by the Deputy Commissioner form time to time.

11.              Every town watchmen shall in like manner report the appearance of any epidemic in his beat, and shall supply , to the best of his ability, any local information which the Deputy Commissioner may require.

12.              Every town watchman shall prevent, and may interpose for the purpose of preventing the commission of any cognizable offence as defined in the Code of Criminal  procedure.

13.              Every town watchmen receiving information of the commission of or of a design the officer-in-charge of the police station within the limits of  which his best is situated.

14.              Every town watchman knowing of a design to commit any cognizable offence may arrest, without orders form a Magistrate and without  warrant, the person so designing, if the commission of the offence cannot be otherwise prevented.

15.              Every town watchman may of his own authority interpose for the prevention of any injury attempted to be committed in his view to any Government, Municipal, or Railway property, moveable or in moveable, or to prevent the removal or injury of any public land mark.

16.              Every town watchman may, without orders form a Magistrate and without a warrant, arrest—

Firstly, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists, of his having been so concerned;

 

Secondly any person having in his possession, without lawful excuse the burden of proving which excuse shall lie on such person, any implement of house-breaking;

 

Thirdly, any person who has been proclaimed as an offender either under the Code of Criminal Procedure or by order of the Local  Government;

 

Fourthly, any person in whose possession anything is found which may reasonably be suspected to be stolen property, and who may reasonable be suspected of having committed an offence with reference to such thing;

 

Sixthly, any person who in his sight commits any offence under section 34 of Act V of 1816 within the limits of the town, providing such section has been specially extend there to by the Local Government.

17.              If a person forcibly resists an endeavour to arrest him every town watchman may use all means necessary to effect the arrest.

18.              No person arrested by a town watchman shall be subjected to more restraint than is necessary to prevent his escape.

19.              The town watchman shall take charge of all person arrested under these rules or by any

private person under any law for the time being in force, and shall forthwith take or send any person  or person, so taken charge of by him or any person or per sons he himself my arrest, before the officer-in-charge of the police station within the limits of which his beat is situated; provided that during the hours of darkness the person or persons arrested may be detained in custody, but must be taken as early as possible on the following morning to the police station.

 

20. It shall be the duty of every town watchman 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 defect and bring offenders of justice; and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists, and it shall be lawful for every town watchman, for any of the purposes mentioned in this section without a warrant, to enter and the inspect, and drinking  shop gaming house, or other place of resort of loose and disorderly characters.

 

21.  It shall be the duty of the town watchman 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 obstruction on the occasion of assemblies and procession on the public roads and  in the public street, or in the neighbourhood or places of worship during the time of public worship and in any case when any road, street, thoroughfare, gate, or landing-place may be thronged or may not liable to be obstructed.

 

Now Act III of 1911—Note—Under the provisions of section 76 (1) (d) of Act XIII 1884, all town watchmen appointed under these rules possess the same powers, are entitled to the same assistance, enjoy the same protection re subject to the same responsibilities and are able to the same penalties as if they were police officers enrolled under Act V of 1861.

CHAPTER XVIII –Guards and Escort.

 

18-1.    Standing guards – All treasury, tahsil, magazine, magisterial lock-up and other sanctioned standing guards shall be furnished form the police lines and shall be relieved at periods fixed by the Superintendent.

 

Policemen shall not ordinarily by kept continuously on standing guard duty for a period exceeding three months without being relived. The sanctioned strength of each standing guard shall be shown in the distribution statement, Form 2-1.

 

18-2.    Supervision of standing guards – Standing guards at district headquarters shall be under the immediate supervision of the Lines officer and reserve inspector. Other standing guards shall be under the supervision of the officer in charge of the police station within whose jurisdiction they are located.

 

 

18-1.    Guard orders – Standing orders shall be framed by the Superintendent for each standing guard and a copy of these orders shall be hung up in the guard room.

 

18-4.    Inspector – (1) All police guards at district headquarters shall be visited in every week, once by day and once by night, between the hours of 10 p.m. and 4 a.m. by a gazetted officer unless special circumstances make this impracticable, and twice by day and once by night by the officer in charge of the Lines. Standing orders to this end shall be framed in each district and approved by the Deputy Inspector General.

 

(2) Officers in charge of police stations shall, from time to time, inspect the police guards in their jurisdiction.

 

18-5.    Routine of standing guard – (1) The entire guard shall fall in under arms at sunrise in uniform and be thoroughly inspected by the officer in command. When the latter has found all present, and arms, ammunition and accoutrements complete, the guard shall be dismissed to clean arms and accoutrements and to dress themselves smartly. Three-quarters of an hours later the guard shall be fallen in again, thoroughly inspected, orders read out, duties told off and the guard exercised in arms drill. The whole of the latter procedure shall last a quarter of an hour. After this and up to 6 p.m. in summer and 5p.m. in winter permission to leave the immediate neighbourhood of the guard for a maximum period of two hours maybe given by the officer in charge to not more than one-fourth of the guard at a time. At other hours the entire guard shall be present.

 

Arms shall be issued at “Retreat”, and from that hour till the hour of the morning inspection of the guard they shall remain with the men of the guard, men of duty sleeping with their arms beside them.

 

(2) Sentries and the next relief for duty shall be in uniform and accoutred day and night. During the day the next relief for duty shall sit outside the guard-room near the sentry.

 

(3) The officer in command of the guard shall remain in uniform for two hours before dark every day and shall during this time post and relieve at sentries himself. At other hours the sentries shall be relieved by the police officers next for relief without the intervention of the officer in command who shall, however, visit his sentries at least four times during the hours between reveille and retreat and once between each relief during the night. When visiting sentries the officer command shall be in uniform and accoutred.

 

(4) When the officer in command is assisted by another officer of or above the rank of head constable each shall be on duty in uniform during half the day and half the night and all sentries shall be posted by one or the other. In addition sentries shall be visited as described in sub-rule(3) above.

 

(5) When guards are not relived daily, four constables shall be allowed for each sentry supplied by the guards. Every sentry shall be relieved after three hours on duty and shall do two turns of duty in the twenty-four hours. In places where it is found possible so relieve guards daily, three constable shall be allowed for each sentry and sentries shall be relieved after two hours on duty. But in such cases no constables may be posted to standing guard duty on two consecutive days.

 

Personal guards (rule 18-20(1)) shall ordinarily be relieved daily, and in this case sentries shall be relieved after two hours on duty. In cases where personal guards cannot be relieved daily, sentries shall be relieved after three hours on duty the whole guard being on duty for 9 hours only during the night.

 

(6) When the guard turns out at night for rounds only, head constables on duty (if any) and the next relief for duty shall turn out accoutred and in uniform; the rest of the guard shall turn out in undress and with their arms. The inspecting officer shall satisfy himself that the proper number is present and that the police officers are fit for duty.

 

(7) A duty roster shall be maintained for each standing guard in which shall be recorded the rotation of duties and the particular hours of duty of each man of the guard. An entry once made in this duty roster will stand so long as the time and rotation of duties remain the same. Any alteration in the time or rotation of duties will necessitate a fresh entry in the duty roster.

 

(8) An Urdu copy of these routine orders shall be posted on the order board of every guard governed by them.

 

18-6.    Treasury guards – (1) The ordinary strength of a police guard over a district treasury shall be two head constables and twelve constables, and it shall furnish three sentries. The usual police guard over a tahsil treasury shall be one head constable and four constables, and it shall furnish one sentry.

In districts where the work of treasuries has been taken over by the Imperial Bank of India, the duties of the bank guard are normally to provide a night sentry or sentries but not a day sentry. The guard shall be available, however, to turn out by day on an emergency. See also rule 2-10.

 

(2) The Superintendent shall record an order prescribing the position of the sentries, and may also require any additional precautions to be taken such as strengthening of fastening, burning of lights, etc.

 

(3) The responsibility for the security of the building and its fixtures at a Government treasury rests with the Executive Engineer, and for the security of chests and other treasury furniture, not being part of the building or fixtures, with the officer in charge of the treasury.

 

(4) A copy of the Executive Engineer’s certificate and of the Superintendent’s order shall be suspended in a conspicuous place within the strong room.

 

18-7.    Responsibilities of the guard – The police guard shall be responsible that no box containing cash, notes or stamps, is left at night outside the treasury strong-room, and, when the treasury strong-room is secured by grated windows and doors and there are no solid shutters ad doors fastened over them, that bags of coins are firmly secured in the treasure vault or in boxes before the treasury closes for the day. I any such box is left outside the strong-room, or if, in cases where the strong-room is secured by grated windows and doors only, any bags of coin are left out of the vault otherwise than secured in boxes when the treasury closes for the day, the officer commanding the guard shall at once report the fact to the Superintendent, who shall obtain the order of the District Magistrate thereon without delay. In the case of tahsil treasuries this report shall be made to the tahsildar and to the senior district police officer present in the station.

 

18-8.    Admission after business hours – No one except the officer in charges of the treasury shall be admitted into the treasury after the work of the district or tahsil office has been closed for the day, without a written order from such officer. The police guard is responsible for seeing that this rule is carried out. Whenever any person enters a treasury after tit has been closed for the day the fact shall be specially reported to the Superintendent and an entry shall e made in the police station diary.

 

18-9.    Opening of double locks to be prevented ­– The police guard shall at all times prevent the opening of the double locks at tahsil treasuries except in the presence and under the authority of the tahsildar or naib-tahsildar, or any officer to whom they are subordinate.

 

18-10.  Orders to be posted – An Urdu copy of rules 18-6 to 18-9 shall be posted on a board, with other standing orders, and suspended in a conspicuous place within view of the guard. Orders embodying the same principles, but modified to suit the circumstances of each case, shall be framed for the guidance of imperial Bank guards.

 

10-11.  Travelling treasure guards – (1) With respect to the duties of police guards supplied to canal, railway, and other officers or persons for the protection of treasure, the following regulations shall have effect:-

 

(a)        So much of the rules for treasury guards as are applicable shall be followed.

 

(b)        The guard shall not be available for any other duty except that of escorting treasure.

 

(c)        When treasure is to be escorted, not less than two police officers shall be sent as such escort

 

(d)        When the sum to be escorted exceeds Rs.200, a head constable shall be sent with as many constables as may be necessary.

 

(e)        The police shall decline to receive charge of money or notes unless enclosed in a locked box, sealed bag or sealed envelope.

 

(f)         If money or notes are sent in a locked box and no responsible person is sent in charge of the key, the police may receive the key only if it is enclosed in a sealed envelope.

 

(g)        It is the duty of the police to guard and not to carry such sums of money.

 

(2) A copy of this rule and of rules 18-6 to 18-10 shall be supplied to the commander of such guard and shall be shown by him, where necessary, to servants of the department or corporation to which the guard has been supplied.

 

18-12.  Feeding of persons confined in magisterial lock-ups – Except when by order of Government a special exception has been made and the police have charge of a magisterial lock-up, the responsibility of the police guard on such lock-up is limited to the safe custody of persons therein confined and the police shall not have charge of the key, and no police officer may be concerned with the feeding of persons confined in a magisterial lock-up.

 

18-13.  Search and confinement of persons in magisterial lock-ups – the rules regarding search and confinement of persons in police station lock-ups – (vide rules 26-3 and 26-4) – apply equally to these lock-ups, except that the District Magistrate’s permission shall be obtained to hand cuff persons in a magisterial lock-up when it is in an insecure state.

 

18-14.  Count of prisoners – A count is taken every morning and evening by the official holding the keys, of the prisoners in every magisterial lock-up no located within or attached to a jail. At the evening count the number of prisoner in each ward of the lock-up is entered in a lock-up register; this entry shall be initialled, if correct, bythe officer commanding the police guard.

 

18-15.  Guards over prisoners in camp – when, on account of a serious epidemic, overcrowding or otherwise, it becomes necessary to move prisoners into camp, the Superintendent of the Jail is authorized to call on the police to provide a guard on the circumference of the camp. All internal watch and ward over the prisoners shall be performed by the jail staff. The Superintendent of Police shall confer with the Superintendent of the Jail as to the position, layout and fencing of the camp and shall be entitled to refuse to supply a guard until he is satisfied that in these respects the camp if one for the security of which he can accept responsibility. The Superintendent of Police is also authorized to demand such responsible notice as is necessary to enable him to provide the guard required by the circumstances of each case. No fixed scale of guard is laid down; this must be decided by the Superintendent of Police according to the nature of the, camp the class of the prisoners in it and other factors. When camps of more than 500 prisoners are to be guarded, the approval of the Deputy Inspector-General to the police arrangements shall be obtained.

 

18-16.  Temporary insecurity of jails – If from any cause a jail becomes temporarily insecure, it is the duty of the Superintendent of the Jail to call on the Superintendent of Police for the supply of such guard as the latter may consider necessary to provide for the safe custody of the prisoners, until the jail is made secure. In such a case the Superintendent shall personally, or by deputy, estimate and supply the guard considered necessary, reporting the matter as soon as possible to the Deputy Inspector-General.

 

18-17.  Escorts and guards for tours of the Viceroy and the governor of the Punjab – (1) Rules for police arrangements in connection with tours of His Excellency the Viceroy are contained in confidential pamphlet of instructions issued under the authority of the Central Government, copies of which are in the possession of all Superintendents and other police officers concerned. Confidential instructions of similar scope in regard to the tours of His Excellency the Governor of the Punjab have been issued by the Inspector-General with the approval of the Provincial Government to all police officers concerned.

 

(2) In the case of tours by His Excellency the Viceroy the Deputy Inspector-General of the range shall personally control the police arrangements. He shall remain attached to the tour, s long as it is within his range, except during journeys by railway, when the Assistant Inspector-General, Government Railway Police, is responsible. The Deputy Inspector-General is not required to be in personal attendance during the tours of His Excellency the Governor of the Punjab unless his presence is specially ordered, or unless he considers it necessary for particular reasons to take charge of the police arrangements. He shall, however, exercise the supervisory control prescribed in the confidential instructions referred to in sub-rule(1) above, over the arrangements made for such tours by Superintendents.

 

(3) Superintendents of districts through which His Excellency the Viceroy tours shall remain in personal attendance throughout such tours. The shall be in direct command of the police arrangements within their jurisdiction, and shall perform such duties as are required of them by the standing confidential instructions and by such orders as may be issued for particular occasions. The same procedure shall be followed in the case of tours of His Excellency the Governor of the Punjab, provided that personal attendance is not necessary in the case of semi-private tours for which no programme is issued, or when His Excellency merely passes without halting through part of a district in the course of a formal tour. If urgent duty requires the presence of the Superintendent of Police elsewhere, he shall arrange, in consolation with the Deputy Inspector General and the Military Secretary to His Excellency, to place another gazetted office in charge of the tour arrangements.

 

(4) When a tour programme necessitates police assistance from outside, the Superintendent of Police of the district immediately concerned, shall submit promptly a statement of the number of extra police required, with an explanation of their necessity to the Deputy Inspector General of the range.

 

(5) Except as provided in Party III 1 (c) of the confidential instructions regarding police arrangements for the tours and journeys of His Excellency the Governor of the Punjab, the police shall not furnish guards of honour.

 

  

18-18.    Viceroy’s guard at Simla and Governor’s guard at Lahore and Simla – (1) His excellency the Viceroy’s guard at Simla shall consist of I sub-inspector, 6 head constables and 37 constables, or such greater strength as may from time to time be authorized, furnished from the Simla district. It shall be commanded during the summer months by an European inspector, who in specially sanctioned for the post. The men of the guard shall be of good character and shall ordinarily have not lest than five years’ service and shall measure not less than 5 feet 7 inches in height and 33 inches round the chest.

 

(2) The guard for Government House, Lahore and Barnes Court, Simla shall consist of 1 sub-inspector, 3 head constables and 26 constables furnished form the Lahore district. During the summer months this strength shall be divided so as to provide the requisite duties at Barnes Court and also a reduced guard at Lahore.

 

(3) Standing orders for the above guards, prescribing their duties and providing for their inspection, discipline, training, leave, etc., shall be draw up by the Superintendents concerned.

 

18-19.  Police and private arrivals and departures of His Excellency the governor  – On all occasions of the public arrival or departure of His Excellency Central Range, Assistant Inspector General, Government Railway Police and arrivals at Lahore junction station shall be attended by the Deputy Inspector General, Central Range, and Assistant Inspector General, Government Railway Police, If present in Lahore and by the Senior Superintendent of Police, Lahore, or, in his absence, the senior gazetted police officer available, unless they or any of them are informed by the Private Secretary that their presence is unnecessary Private departures form Lahore junction stations hall be attended by the Senior Superintendent of Police, Lahore, or in his absence the senior gazetted police officer available, unless he receives directions to the contrary from the Private Secretary.

 

The above orders shall, in so far as they may be applicable, govern procedure on similar occasion elsewhere than at Lahore.

 

18-20.  Personal guards – (1) Personal guards doing duty by night only shall ordinarily consist of one head constable and three constables. Personal guards at Headquarters may ordinarily be provided only for the Inspector General of Police and Deputy commissioners of districts.

 

(2) When Judge of the High Court, the Inspector General of Police, a financial or Divisional Commissioner, a Deputy Inspector General of Police, or a District and Sessions Judge is on tour or on circuit at any place away from the headquarters of a district, a guard of one head constable and three constables shall be provided by the Superintendent of Police of the district, subject to the receipt of a week’s notice in writing stating the period for which the guard will be required. The provision of a guard shall, however, be dispensed with if any of the said officers expresses such a desire, provided the withdrawal of the guard is consistent with his safety.

 

(3) (i) The Superintendent of Police shall provide a personal guard of 1 Head Constable and 4 Foot Constables for Hon’ble Members of the Governor General’s Executive Council and hon’ble Ministers of the Punjab throughout the period of their stay in the district, and shall also make such other arrangements as may be necessary in the light of local conditions at the time to ensure their convenience and protection both on the occasion of their arrival in, and departure form, the district, whether by rail, road or air, and throughout their stay.

 

(ii)        If Han’ble Members of the Governor General’s Executive Council or Hon’ble Minister of the Punjab reside in special carriages during their halts in the district, the personal guard required to be provided under sub-paragraph (1) above shall be place over the special carriage.

 

(iii)       The provision of a personal guard shall be dispensed with if any Hon’bel Member or Hon’bel Minister so desires, provided the withdrawal of the guard is consistent with his safety.

 

(4) When an officer, who is entitled to a personal guard, is on duty in the hills, or on leave of any kind including vacation, for more than ten days at a time, his guard shall be withdrawn. Personal guards are not intended for the protection of houses or property. For such purposes chaukidars should be entertained.    

 

(5) A Deputy Commissioner may, if he so desires, take his personal guard with in camp, but extra men in addition to this guard shall not be provided.

 

(6) If a Deputy Commissioner considers that an officer who is not ordinarily entitled to a police guard requires one temporarily either at headquarters or in camp for the protection of his person or of Government money or property in his immediate charge, he may make temporary arrangements for such a guard in consolation with the Superintendent of Police, who should immediately inform the Inspector General of police, through the Deputy Inspector General of Police, of the action taken.

 

(7) When an officer is entitled to a police guard, quarters for the guard should be provided at Government expense.

 

NOTE

 

A District and Sessions Judge on tour or circuit at the headquarters of a district which is included in his charge but is not his personal headquarters shall be entitled to guard, subject to the receipt of due notice by the Superintendent of Police.

 

18-21.        Command certificate – All police sent on duty to other districts shall have a command certificate in Form 18-21 and shall be instructed to report them selves at the police lines, if no place is specially mentioned or their attendance.

 

As far as may be possible, without unreasonable detention, the services of returning escorts of their districts shall be utilized for escort duty on the return journey.

 

18-22.        Requisition for the supply of escorts – Requisition for supply of police escorts shall give one day’s clear notice (excluding Sundays and holidays) if required for duty within the district. And four day’s clear notice if require to proceed beyond the district. This is to enable the Superintendent to make arrangements for supplying the guard and to warns Superintendent of the relieving districts to arrange for relief.

 

18-23.        Arrangements for conveyance, etc. – (1) All arrangements regarding conveyance, light, collies, etc., for conveying prisoners and their baggage, or treasure, shall be made by the department which demands the escort and the police shall not assume the duty of escort unless and until such arrangement have been satisfactory made. In so circumstances shall police escorts carry jail or prisoner’s baggage.

 

Explanation. – The expression “prisoner” or “prisoners” as used in this rules and hereinafter in this chapter, means any person or persons under police escort in custody.

 

(2) coolly and transport charges for the baggage of police escorts and other detachments travelling in uniform shall be paid for by the Superintendents of Police, and commanders of such parties shall be responsible for engaging such transport, as is necessary, and that men under their command are not allowed encumber themselves with articles other than their arms and equipment require to be carried on the person.

 

18-24.        Escorts over treasure by rail – The following rules framed by the Government of India govern the escort of treasure by rail:-

 

(i)   The police officer taking charge of a treasure guard travelling by rail will not see the treasure packed at the treasury, but he shall see the boxes weighed, and satisfy himself that each box is properly secured before it is transferred to the van, and that it is properly placed therein.

 

(ii)  The police guard shall be accommodated in brake-van attached to the treasure-van or in the end compartment of the carriage next adjoining the treasure-van, and the doors of the compartment in which the police guard is accommodated shall never be locked.

 

(iii) An officer relieving such a guard shall see that the numbers of the wagons agree with those given in the blank receipt tendered for his signature; that the locks are secure; and that the locked doors of the van cannot be opened.

 

(iv) The officer in charge of such a guard shall be provided with a lantern which will burn all night, and shall cause a constable of the guard to alight at every alternate stopping place, and ascertain that the locks have not been tampered with. During any long stoppage, a sentry must remain on duty by the door of the treasure wagon; if there be several such wagons, it will suffice to tell off two men, who may stand one at each end of the line of wagons.

 

(v)  In case of a breakdown separating a convoy, the officer in charge should separate his party, attaching himself to the disabled portion.

 

(vi) On delivering the boxes at the treasury to which they are addressed, he will obtain a receipt for __________________ bags said to contain coin to the value of Rs. __________or for __________________ boxes, with marks and weights detailed in the invoice, said to contain coin to the value of Rs. ____________. If any box be short weight, or show signs of having been tampered with, it should be opened in the presence of the escort officer; otherwise he should be allowed to return at once.

 

The form of receipt to be used by relieving guard should run thus:-

 

“Received charge from ____________ Police officer of ___________ district, of railway wagon No._______________ said to contain ___________ boxes aggregating Rs. ________________ (Wagon No. _________________ said to contain ______________ boxes, aggregating Rs._____________ and so on). The wagons were duly locked, and one key for each made over _______________________ receipts to be given by other relieving guards are all acknowledged.”

 

The number and contents of each wagon shall be detailed in case of a breakdown. The receipts should be in English if the police officer is acquainted with that language; otherwise in the officer’s vernacular.

 

(vii)            Unless the Superintendent has already done so, the officer commanding the escort shall telegraph to the receiving officer the number of the train, passenger or goods, conveying the remittance and its hour of departure, and shall also telegraph again en route if any change in the train has been made or anything occur to delay its arrival.

 

(viii)           Whenever, any breach of these rules occurs, the officer in charge of the guard must insist on the treasure-van being detached from the train, and shall immediately telegraph the facts to the remitting officer, to is own departmental superior, and to the Chief Commercial Manager of the railway.

 

NOTE (i) – A printed copy of these instructions, together with a sufficient number of black receipts, shall be given by the treasury officer to the officer in charge of the escort.

 

NOTE (ii) – Padlocks for securing treasure vans are supplied by the treasury officer despatching the treasure.

 

NOTE (iii) – Loading and unloading the treasure and providing coolies and carts, etc., is not the duty of the police at any period of the journey.

 

18-25.        Strength at escort over treasure by railway – The following shall be the minimum strength of police escorts over treasure by railway:-

 

(a)        For each railway van – two constables and one head constable. When more than one van is used, a sub-inspector or assistant sub-inspector shall be sent in command of the escort.

 

(b)        No police escort is necessary in the case of remittances consisting exclusively of copper, bronze and nickel coin when sent by railway from one treasury to another. Remittances partly of silver and partly of copper, bronze or nickel coin will be sent under an escort.

 

(c)        Two police officers, one of whom shall be a head constable, shall be sent as an escort over a consignment of currency notes sent by rail or carriage dak, and if the value exceeds Rs.50,000 one officer shall be a sub-inspector

 

18-26.        Position of the escort – (1) Parcels containing notes shall be carefully packed in sealed parcels or boxes.

 

(2) Escorts over notes shall occupy one of the end compartments of a third class carriage, and sit on the end seat. If the notes are packed in a box, such box shall be placed under the seat against the enter planking of the carriage, and the escort shall sit over it. If the box is too large to go under the seat it shall be placed between the members of the escort, and the Superintendent shall pay the usual charge for the space occupied.

 

18-27.        Purchase of Tickets – (1) Government treasure, which term includes species (i.e., gold, silver, copper, bronze and nickel coins), precious articles, bullion, currency notes, current  and un-current, signed or unsigned, defaced currency notes and Government stamps will be carried by rail as under, subject to the following exception:-

 

(i)

Consignments weighing 54 mounds or less on broad-gauge and those weighing 40 mounds or less on metre or narrow gauge.

 

In brake vans

 

 

 

 

(ii)

Consignments weighing over 54 mounds on broad-gauge and those weighing over 40 mounds on metre or narrow gauge

 

In separate vehicle or in a reserved compartment or carriage.

 

Remittances of silver coins and currency notes, and precious articles should always be sent under Police escort. Such remittances weighing between 54 and 81 mounds should be carried in reserved compartments while those weighing over 81 mounds in separate vehicles.

 

(2) Free conveyance of escorts in 3rd class compartments on the following scale on both outward and return journey will be allowed only when treasure is carried in separate vehicles (other than in reserved passenger compartments or carriages) irrespective of whether the escort returns with or without treasure:-

 

(a)        One man when the consignment of treasure is over 54 and under 135 mounds.

 

(b)        Two men when the consignment is from 135 to under 270 mounds.

 

(c)        Four men when the consignment is 270 mounds or over.

 

Free tickets in such cases will be issued by the booking clerk immediately after the treasure has been weighed. Such tickets will be stamped. “FREE” by the railway authorities when issuing them.

 

If the escort is larger then that for which free conveyance has been provided, tickets for each extra man will be taken to the destination of the treasure by the officer in charge of the escort.

 

(3) When treasure is carried in a reserved compartment or carriage the usual number of fares required for reservation shall be paid for by the officers in charge of the escort as no free tickets are admissible such circumstances. When the actual number of the escort exceeds the number of fares paid for the reserved accommodation, additional fares shall be paid for each man in excess. Tickets for the escorts in all cases shall be taken to the destination of the treasure.

 

(4) Tickets issued for the outward journey, weather paid for or free, shall be handed on to each relieving escort.

 

(5) Members of the escort provided with free tickets for the outward journey are entitled to free tickets for the return journey and shall apply for these free return tickets to the Station Master of the Station where the guard is relieved. For other members of the escort the Lines Officers shall make provision for the return journey before the escort sets out by issuing to the officer in charge of the escort either a railway warrant or the necessary expenses for the journey form the prescribed relieving station. If the escort is not relieved at this station, it will continue with the treasure until relieved, and in that case the expenses for the return journey from the station where the escort is actually relieved to the prescribed relieving station shall be paid by the Superintendent of Police within whose district the escort is actually relieved.

 

18-28.        Escort over treasure by road -  (1) Except within the limits of the Lahore Municipality the following shall be the minimum scale of police escorts ever specie in transit otherwise than by rail: -

 

Description of treasure

Amount of treasure in rupees

Strength of guard

Number of sentries

Sub-Inspectors

Head-Constables

Constables

 

Rs.

 

 

 

 

Remittance by usual conveyance upto

5,000

…

1

4

1

Ditto

10,000

…

1

8

2

Ditto

20,000

…

1

10

2

Ditto

50,000

…

2

12

3

Ditto

1,00,000

…

3

16

4

Ditto

4,00,000

1

3

24

6

 

(2) The minimum scale of police escorts over specie in Lahore between the Railway Station, Currency Office and the Imperial Bank of India shall be two foot constables per car load of treasure, provided that: -

 

(a)        the total escort shall never be less than one head constable and four constables;

 

(b)        there shall be one head constable for every 4 carts or less;

 

(c)        there shall be one-sub-inspector for every 10 carts.

 

(3) The foregoing scale of escorts over treasure shall be the minimum escorts sent in charge of the amount specified, but Superintendent shall use their discretion in increasing the protection afforded whenever necessary.

 

(4) If currency notes are sent by road a sufficient escort shall be sent.

 

(5) Treasure shall not be carried under escort by motorbus unless the hiring of a whole bus is justified by the number and weight of boxes and the size of the escort.

 

The minimum escort per bus shall be one head constable and six foot constables. Superintendents of Police shall increase this strength when the value of the treasure to be escorted, local conditions or the nature of the journey are such as to increase the risk of attack.

 

In the case of the escort for specie, which is bulky and weighs heavy, the use of motor transport will seldom be convenient or economical; for the escort of treasure in the form of currency notes, however, motor transport will often be suitable.

 

NOTE

 

One lakh of full weight rupees weights 311/2 mounds net, and when packed for remittance possibly a little more than 35 mounds.

 

18-29.        Receipt and guarding of treasure – (a) Treasure to be escorted will be packed by the treasury authorities in bags holding Rs.2,000 each, and, after being sealed, these bags will be placed in pad-locked iron remittance boxes. Each box shall be weighed in the presence of the officer commanding the escort and the number, weight and contents of each box shall be entered in the invoice.

 

The officer commanding the escort shall see that the boxes or tumbrels are strongly made and securely fastened, and shall sign the receipt at the foot of each copy of invoice as responsible for _______________ boxes of marks and weights details above, said to contain _____________________________ coin to the value of Rs.___________. If he is ignorant of English he shall fill up the blanks and sign such receipt in the vernacular and copy of the invoice shall be made over to him.

 

(b)  A sentry shall march alongside each cart and shall keep the carts together.

 

(c)  The remainder of the escort shall march half in front of the leading cart and half in rear of the rear cart.

 

(d)  If buoys are attached to treasure chests, the officer commanding the escort shall examine them and point out if the ropes appear likely to sink the buoys; before crossing a ferry by boat he shall see that the ropes are not detaches, knotted or entangled while the boxes are on board the boat and that they work freely.

 

(f)   If the treasure is secured by double locks, the officer commanding the escort shall keep the keys of the second lock and the potdar of the first; if there are single locks only ht potdar shall keep the keys.

 

(g)  The officer commanding the escort shall be responsible that no box or tumbrel is opened on the journey except in case of damage or accident.

 

(h)  The office commanding the escort shall march with his escort, shall see the carts parked and the first sentries posted, and shall visit his sentries once day and once by night in every twenty four hours.

 

(i)   If the remittance arrives at night, it shall remain in the custody of the police guard until next morning.

 

18-30         Use of handcuffs – The rules relating to use of handcuffs are given in Chapter XXVI. In addition, the following orders shall have effect in regard to escorts over prisoners:-

 

(a)                The police officer of highest rank present shall be responsible that the handcuffs fit properly.

 

(b)                If the prisoner is violent and is strong and able to offer considerable resistance, the handcuffs may be coupled behind his back instead of in front of his body.

 

(c)                The police officer in command of an escort over unconvinced prisoners, whether in police or judicial custody, shall beheld strictly responsible that such prisoners are not allowed to have their hair, beards or moustaches cropped or in any other way to alter their appearance, so as to make identification difficult, and that they are allowed no communication with any  member of the public, while under the custody of the escort except on the written authority of a superior police officer or f a magistrate.

 

(d)               If it becomes necessary to release one of the prisoner’s hands, the handcuff on the other wrist shall not be open, and adequate precautions shall be taken to prevent escape. The release of one of the prisoner’s hands, for any purpose whatever, will be on the responsibility of the officer in charge of the prisoner, and any escape from custom as a result of, or facilitated by, such release of one hand will, except under the circumstances provided for in rule 18-32(2), be regarded as negligence falling within rule 16-37.

 

(e)                In the case of prisoners despatched by the Jail Department, handcuffs shall be supplied by the police, but leg-irons shall be supplied by Jail Department    

 

(f)                 The handle of the chain of the handcuffs shall be passed through the belt of the constable in immediate charge of the prisoner for the time being, and shall remain so as long as the prisoner is under escort. When such constable has to be relieved for any purpose, the prisoner shall be secured in the same manner to the relieving constable. The practice of fattening the chain to a bed while the escort rests or feeds and all other methods of attachment are absolutely forbidden.

 

18-31.        Admission of prisoners to jails – Under the rules of the Jail Department prisoners transferred form one jail to another must be received into jail at any hour.

 

18-32.        Escorts over European prisoners – (1) On occasions on which an European solider may have to be conveyed in custody, before or after conviction by the civil power, an application shall invariably be made to the nearest military authorities for a military escort, unless there are sufficient European police available for the duty. (Government of India letter No. 8-405, dated 17th February 1881).

 

(2)  On occasions when Europeans (other than soldiers) have to be conveyed in custody, European police shall ordinarily be utilized, and when necessary may be requisitioned form other districts, or the railway for the purpose.

 

18-33.        Railway accommodation for prisoners – When despatch of prisoners is to be made under the orders of the Jail Department by rail form a headquarter station of a district, it is the duty of the reserve inspector or lines officer to ascertained two hours before the departure of the train, that the proper description of carriage has been supplied and that all grantings, door locks, etc., are in order. Padlocks, when considered necessary shall be provided by the police.

 

18-34.        Transfer of prisoners between jails – The prisoners shall be made over to the police guard after they have been carefully and thoroughly searched nominal roll in the usual form shall be made over with the prisoners. The police guard shall be entirely responsible for the safe custody of the prisoners until they reach their distinction and are formally made over to the jail officers and a receipt obtained for them. The officer commanding the escort shall satisfy himself that the handcuffs and fetters are in good order, and that they fit properly before he takes them over. If the prisoners are desperate or dangerous, the officer commanding the escort shall be supplied with a chain with two rings and padlock and shall connect all the handcuffs or leg-irons with it.

 

18-35.        Fetters to be dispensed with in certain cases – (1) Under jail regulations every male prisoner under sentence for an offence is required to be handcuffed before being removed form a jail for any purpose, and, when on transfer, is required to be fettering may be relaxed in the case of prisoners classed as “A”  or “B” by the convicting court, if the Superintendent of Police is satisfied, after ascertaining the convict’s history, that there is no reasonable apprehension of an attempt at escape or rescue. Juvenile offenders are not required to be fettered, but only to be handcuffed when in transit form a jail to the Reformatory Scholl at Delhi.

 (2) One handcuff may also be removed form prisoners travelling by rail while eating, drinking or going to the latrine, provided that the number enjoying the concession at any one time shall not exceed half the number of constables on the escort.

 

18-36         Transfer of prisoner by rail – (1) So far as may be practicable, the railway persons in custody by rail.

 

(2)  A responsible police officer shall be used for the transfer of persons escorted in police custody.

 

(3)  Prisoners sentenced to transportation, and other dangerous and notable prisoners, should not be sent by mail trains unless there by exceptional and special reasons for doing so, which should be fully stated in writing.

 

18-37.        Regulations for transport of prisoners by rail – Will respect to the kind of railway carriage to be used and the strength of escort to be employed in the transit of prisoners in police custody, the following regulations shall have effect:-

 

(a)                When the prisoners escorted are A and B class convicts and better class under trial, prisoners normally third class accommodation should be provided, but where suitable third class carriages with proper sanitary arrangements are not available, inter class accommodation shall be allowed. Any A and B class prisoner or better class under trial prisoner who desires to travel by a higher class may be allowed to do so on paying the extra fares of himself and escort.

 

A and B class convicts and better class under trail prisoners shall when on transfer be taken to and from the station by motor lorry or such other conveyance as may be available. Instructions regarding the use of handcuffs for such convicts and under trial prisoners are contained in Police Rule 26-22(1) and (2). The ordinary strength of escorts in such cases shall be equal in number to the prisoners or even less according to circumstances. The escort shall sit on each side o the prisoners and guard the doors.

 

 

(b)                When the prisoners escorted are aged, feeble, sick, crippled, women, children, of are accused of minor offences and are not desperate characters, or are harmless lunatics or where the number of persons, including the escort, does not exceed five, they must be conveyed in ordinary third class carriages. The ordinary strength of escorts shall be the same as in (a) above.

 

(c)                Transportation convicts proceeding out of the province and prisoners of exceptionally dangerous character, who require extra vigilance for their safe custody, shall be conveyed in custody by rail in prison vans only. The ordinary strength of escort in such cases shall be one head constable and six constables for each carriage or van, and if more than a single carriage or van is sent a sub-inspector shall be sent in command.

 

(d)               All other prisoners shall be conveyed in third class carriages provided with iron gratings for the widows and iron bars or railings between the compartments. The ordinary strength of escorts shall be the same as in (b) above.

 

(e)                In the case of prisoners on transfer to the jails of districts in which their homes are situated with a view to their release, the police escort need not exceed the following strength:-

 

For 1 prisoner                                     …        1 Constable

For 2 to 4 prisoner                  …        2 Constable

For 5 to 9 prisoner                  …        1 head Constable and 3 constables

For 10 to 12 prisoner              …        1 head Constable and 4 constables

 

(f)                 The escort accompanying prisoners by rail shall occupy the position from which the best possible control over the prisoners can be secured, but shall not take up such share of accommodation as will result in overcrowding among the prisoners.

 

 

18-38.        Precautions for safe custody – (1) If it is necessary to allow any of the prisoners or nay of the escort to leave the carriage for purposes of nature, permission shall be given to do so only at stations where the train stops at least ten minutes, and subject to proper arrangements for the safe custody of the prisoners. Whenever it is necessary to remover the prisoners at a station where a change of trains is to be made, or between stations in case of trains shipment or accident, a portion of the escort shall alight first, and the prisoners, as they alight, shall be marshalled in file. Prisoners shall, as far as possible, be kept apart from other passengers, and no access to or intercourse with them by any person, other than a magistrate or police officer superior in rank to the officer commanding the escort shall be allowed. When waiting for a train the escort shall form a cordon round the prisoners, if the latter number more than four, and members of the escort shall be allowed to leave their posts only in such numbers as will not reduce the guard over the prisoners to such an extent as to facilitate escape.

 

(2)  Except as provided in sub-rule (1) and  in case of serious illness, no member of the escort shall leave the carriage except in the performance of his duty.

 

(3)  When a change of trains necessitates a delay of over an hour at any junctions, all prisoners shall be taken by their escorts to the Railway Police or local District Station and kept there in the lock-up during the period of waiting. The Assistant Inspector General, Government Railway Police, and all Superintendents of Police will issue orders to their station house officers to received such prisoners and to giver all necessary help to the escorts. The officer detailed under sub-rule (6) below to explain rules to escorts shall inform escorts where to take prisoners during halts at the various junctions on the journey.       

 

(4)                                       Escorts are strictly prohibited from accepting gifts of any kind including food from any class of prisoner or a prisoner’s friend, relative or sympathisers.

 

(5)                                       Section 441 of the “ Manual for the Superintendence and Management of Jail” say that no prisoner shall, except on transfer from another jail, be admitted into any jail after the hour of lock-up for the night or before sunrise on any day. This implies that prisoners on transfer may be admitted at any time of the day and night and escorts over prisoners on transfer from one jail to another will proceed immediately on arrival at their destination station to the jail and have the prisoners admitted. Escorts over prisoners other than those transferred from one jail to another will on arrival at the station of destination during the night, when prisoners cannot be produced before the officer before whom they are to be produced, confine them in the railway police or local district police station lock-up, until they can be produced before the officer concerned.

 

(6)                                       Police rules laying down the duties of escorts will be carefully explained to all escorts before they proceed on duty and gazetted officers will select all escorts over special classes of prisoners themselves from among men on whom they can rely to observe orders strictly. Officers in charge of escorts will be particularly instructed not to allow any contact between prisoners and outsiders in any circumstances.

 

NOTE

 

 

      Although this rule deals specifically with the escort of prisoners by all, it applies mutatis mutandis to escorts by all other means of transport.

 

18-39. Security and health of prisoners. – (I) When a police escort travels in a prison van or in a separate compartment to that occupied by the prisoners, two constables shall be placed on sentry duty over the prisoners, being relieved every two hours.

 

(2)                                       At every station where the train stops fifteen or more minutes, the officer commanding the escort shall personally test the window fastenings, see that the prisoners are not suffering in health, and arrange for an necessary cleaning of the carriage and they refilling of water tanks and supply of drinking water to the prisoners.

 

18-40. Searching prisoner and handing over charge. – (I) At each relieving station all the prisoners shall be searched in the presence of the senior officer of both the relieving and relieved police escorts and the officers of the Jail Department.

 

(2)  In the case of transfer of prisoners within the province, police officers commanding escorts shall be held responsible that they hand over the iron frames, locks and keys of window gratings to the station master at destination, and that they take receipt; but in the case of transfers beyond the province, such responsibility shall rest with the jail warder accompanying the prisoners. If a frame, lock or key is received in an injured state or is injured by the prisoners on the way, the officer commanding the escort or jail warder, as the case may be, shall report the matter at the end of the journey to the nearest Superintendent of Police who shall explain it to the Chief Commercial Manager. When padlocks, supplied by the police under rule 18.33, have been used, the officer commanding the escort shall hand over the locks in the police lines of destination to be returned to the district of despatch. If the van or carriage goes outside the province, the locks shall be removed and returned in the same way to the district of despatch.

 

 

18-41. Reservation of rail accommadation – (1) If insane persons are sent by railway in police custody, and whenever a party of prisoners and its escort so sent exceeds in number three persons, one or more compartments shall be reserved for such party. –(Government of India letter No. 1424-31-R., dated 8th April, 1879).

 

(2)  If the prisoners are accused persons being sent by the police for trail, arrangements shall, if possible, be made either to send them so that compartments need not be reserved, or to occupy fully the compartments reserved.

 

(3)  If the escort travels in the same compartment as the prisoners, and the compartment is reserves, the number of persons seated therein shall in no case be in excess of its capactiy.

 

(4)  Tickets shall be taken by the original district of despatch for the forward journey of the escort to the railway station of destination of prisoners, irrespective of provincial limits. On occasions, however, when prisoners are despatched under on escort to various destinations and this escort has to be relieved enroute, tickets shall be taken only as far as the relieving station.

 

(5)  In the case of a Punjab Police escort proceeding out of the Punjab of an escort from some province entering the Punjab which has not been relieving at the relieving stations laid down in Appendix 18-49(4), the Superintendent of Police of the district in which the escort is eventually relieved shall advance railway fares to take it back to the recognised relieving station and debit the amount to his Contingent Grant. This expenditure shall not be recovered from the province providing the escort.

 

18-42. Escorts by road – responsibility of despatching officer. – (I) The police officer who despatches and escort over prisoners by road shall be held responsible that a proper and sufficient escort is sent; that, where the escort consists of one or two constables, only, they possess equal or greater physical power to, or than that possessed by, the prisoners in their custody, and that proper discretion is used in regard to increasing the escort under special circumstances when the country is disturbed or popular feeling is excited in favour of , or against, the prisoners, or in regard to the offence committed. Prisoners shall not be marched by road in the hot weather between the hours of 10 a.m. and 4 p.m. or in any season when it is raining, or likely to rain, heavily. A and B class convicts and better class under trial prisoners shall when travelling by road, be taken by motor lorry or other suitable conveyance.

 

(2)  Police escorts shall on no account be required to carry any property belonging to prisoners. The officer commanding the escort shall take over from the jail or other despatching authority any official documents relating to the transfer, petty cash, whether belonging to prisoners or advanced for the expenses of the journey, keys of fetters, etc., but any property belonging to or necessarily sent with the prisoners shall be transported under arrangements to be made by the despatching authority. The cost of transporting, whether by coolie or otherwise, any such property and the bedding of prisoners shall be recovered from the Jail Department. (See also rule 18-23).

 

18-43. Feeding of prisoners. – (I) Rules for the feeding of persons under police arrest or remanded in police custody are contained in Chapter XXVI. For prisoners under escort between jails and courts the Jial Manual (paragraph 758) prisoners that, when the court to which prisoners are to be escorted is situated at the same station as the jail, the officer in charge of the jail shall be responsible for the supply of the prisoner’s food ready cooked. When such court is situated at a distance, the money necessary to purchase food at the scale prescribed by the Jail Department, shall be made over to the police officer commanding the escort by the officer in charge of the jail.

 

(2)  Prisoners on transfer are required to the given a cooked meal before starting, and, for a journey exceeding twelve hours, but not exceeding eighteen hours in duration, each prisoner shall receive, before being handed over to the police escort, parched gram and gur, or such other ration as jail regulations may prescribe, to eat on the journey. Police officers commanding escorts shall satisfy themselves that this regulation (paragraph 939, Jail Manual) has been complied with, when taking over prisoners. When the journey on transfer is likely to exceed eighteen hours in duration, money shall be made over to the warder accompanying the prisoners or the officer commanding the escort, as the case may be, the officer in charge of the jail to enable him to purchase food at the prescribed scale. See also rule 26-27(1).

 

(3)  The police office to whom money is made over under sub-rules (1) and (2) above shall acknowledge its receipt and, on conclusion of the escort duty shall submit, together with his duty report, an account of his expenditure, supported by detailed receipts or satisfactory explanation of failure to obtain such receipts.      

 

(4)  A jail official shall accompany prisoners on transfer when their number exceeds ten. In this case he shall be responsible for all arrangements for food and water. When the prisoners are less than ten, a jail official should see tham off at the railway station and will be responsible for seeing that they start with-

 

(a)                one zinc pail full of water, if the van does not possess a permanent drinking water tank;

 

(b)                on lota full of water for each prisoner;

(c)                one zinc pail full of water at the latrine for cleaning purposes.

 

 

In the case where no jail official accompanies prisoners the police officer in charge of th escort shall inform station masters of important stations in advance on the route of any requirements in the way of water, food, etc., that may be needed on the journey.

 

(5)  It is the duty of the police officer in charge of the escort to see that prisoners who have not been in jail previously have their food before they are taken to the jail if they are likely to arrive there too late for a meal.

 

18-44. Strength of escorts by road. – The minimum police escort that may be sent in charge of prisoners by road is shown in the sub-joined table. In hilly districts the scale prescribed as a minimum for roads on which the police stations are more than 15 miles apart shall be the minimum adopted:-

 

1

2

Number of prisoners.

Strength of Guards

Sub-Inspector.

Head Constable.

Foot Constables.

Road on which the police stations are not more than 15 miles apart.

 

1

…

…

…

…

1

2 to 4

…

…

…

…

2

5 to 9

…

…

…

1

3

10 to 12

…

…

…

1

5

13 to 15

…

…

…

1

6

16 to 20

…

…

…

1

9

21 to 25

…

…

…

2

10

26 to 30

…

…

…

2

12

30 to 50

…

…

1

2

16

 

 

 

 

 

 

Road on which the police stations are not more than 15 miles apart.

 

1

…

…

…

…

1

2 to 3

…

…

…

…

2

4 to 6

…

…

…

1

3

7 to 8

…

…

…

1

4

9 to 12

…

…

…

1

7

13 to 15

…

…

…

1

8

16 to 20

…

…

…

2

10

21 to 25

…

…

…

2

12

26 to 30

…

…

…

2

16

31 to 50

…

…

1

2

20

 

Prisoners shall always sleep under shelter, which shall be provided, where necessary, by the Jail Department before the prisoners are taken over.

 

 

18-45. Escort over prisoners by motor bus or passenger lorry. – The strength of escorts over prisoners transported by motor bus or other vehicle not specially constructed as a prison van shall be not less than that prescribed in rule (18-37) for escorts over prisoners by rail; provided that, if the circumstances of the journey to be performed are such as to entail danger of rescure or to necessitate special precautions, the strength of the escort shall be increased at the discretion of the Superintendent of Polcie. In cases where it is necessary to march the prisoners by road between the place of departure or destination and the terminus of the journey by motor vehicle, the arrangements prescribed in rule (18-48) for reinforcement shall be followed.

 

18-46. Escort for prison vans. – The strength of escorts over prisoners transported in specially constructed motor prison vans shall be one head constable and three foot constables for each such van.

 

18-47. Intimation for the relief of escorts. – (1) Every Superintendent who furnishes an escort shall send intimation as soon as possible to the Superintendent whose duty it will be to relieve such escort, of –

 

(a)               the strength of such escort;

(b)               the nature of the duty, that is, the number of the prisoners being escorted or the amount and nature of treasure, etc.

(c)                the mode of transit, the destination;

(d)               the probable date and hour of arrival; and

(e)                the number of handcuffs reaquired

(f)                 whether prisoners are dangerous.

 

If a letter by post would not give three clear days’ notice, such intimation shall be telegraphed, but the strength of the escort need not be telegraphed unless it is abnormal. Intimation shall be in Form 18-47.

 

(2)  In the case of district in the United Provinces, the intimation, both postal and telegraphic, should be addressed not to the Superintendent of Police but to the Reserve inspector. Telegrams for him should be addressed “Police Lines.”

 

(3)  Reliefs for inter-provincial escorts must always be provided and not refused or withheld on the ground that the men cannot be spared., compliance with requisitions must be strictly exacted.

 

18-48. Reinforcement of escorts. – As escorts travelling by rail are of reduced strength, an escort of ordinary strength shall escort the persons or property in charge to the railway train, and again from the railway train, and again from the reailway train at the termination of the railway journey. When an escort leaves by train, a telegram shall be despatched by the officer in command of the escort to the Superintendent whose duty it is to provide an escort to guard the persons or property from the railway station where the railway journey terminates, in all cases in which proper arrangements have not been completed before the despatch of such escort.

(2)  When an escort has to be relieved under the above rule, the transfer shall ordinarily be made at a station which is the headquarters of a district, and if possible at a station where a change of railway or train is effected.

 

(3)  The relief guard shall assist the relieved guard to watch the prisoners or treasure during the transfer.

 

(4)  Escorts over prisoners or treasure sent b railway proceeding out of, or coming into, the Punjab shall be relieved at the places shown in Appendix 18-49(4).

 

 

18-50. Authorities for provisions of guards. – Police shall not be provided as guards, escorts or for any other duty except as authorized in this chapter or elsewhere in the Police Rules.

 

 

 

 

 

 

 



    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GUARDS AND ESCORTS

APPENDIX No. 18-49(4).

 

 

Escorts over prisoners or treasure sent by railway out of, or into the Punjab, shall be relieved at the following stations:-

 

 

(a)                Escorts proceeding out of the Punjab.

Through Ambala

Shall be relieved at Saharanpur, unless the escort in proceeding through or to Delhi, in which case it shall be relieved at that station.

“

Delhi by E. I. Railway.

Shall be relieved at Aligarh.

“

Delhi by Great Indian Peninsula Railway.

Shall be relieved at Agra. All escorts proceeding to Bombay shall ordinarily travel by the Great Indian Peninsula Railway.

“

Delhi by Rajputana-Malwa Railway.

Shall be relieved at Ajmere (letter No. 1498, dated 10th December 1887, from the Superintendent of police, Ajmere) by guards of the Marwara Battalion, the Magistrate of the district being communicated with when reliefs are required. In the case of European prisoners or women, escorts are supplied by the police and the Superintendent should be communicated with when such reliefs are required. 

“

Multan towards Karachi.

Shall be relieved at Sukkur.

For Peshawar by North-Western Railway.

Shall relieved at Peshawar Cantonment.

From the Punjab via Khundian and Rawalpindi to Kohat.

Shall be relieved at Kohat.

From or through delhi to karachi

Shall be relieved at Ferozepore.

(b)        Escorts proceeding out of the Punjab.

Through Delhi

…

Shall be relieved at Delhi.

“

Ambala Cantonment.

Shall be relieved at Ambala Cantonment.

“

Multan

…

…

Shall be relieved at Multan.

From Abbottabad by North-Western Railway.

Shall be relieved at Rawalpindi.

“

Peshawar by North-Western Railway.

Shall be relieved at Rawalpindi.

“

Kohat by North-Western Railway.

Shall be relieved at Rawalpindi.

“

Dera. Ismial Khan by North-Western Railway.

Shall be relieved at Multan.

“

Dear Ismial Khan by Mari-Attock line.

Shall be relived at Mianwali, the escort being again relieved at Rawalpindi.

“

Dera Ismail Khan by the Sindh-Sagar Line for Shapur, Jhelum, Gujrat and Gujranwala.

Shall be relieved at Kundian.

“

Dera Ismail Khan to Dera Ghazi Khan.

Shall be relieved at Ghazi Ghat

“

Dera Ismial Khan to Multan or Montgomery.

Shall be relieved at Multan.

Via Muzaffargarh by the Sindh-Sagar Branch of the North-Western Railway.

Shall be relieved at Multan.

From ajmere and Ahmadabad to Lahore.

Shall be relieved at Hissar.

From Karachi to Delhi

…

Shall be relieved at Bhatinda.

From Bombay to Peshawar via Godhra-Rutlam Nagada.

Shall be relieved at Delhi, Ferozepore and Rawalpindi.

From Bombay to Peshawar via Ahmadabad and Marwar.

From Bombay to Peshawar via Bhushal (G. I. P. Railway).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GUARDS AND ESCORTS

FORM No. 18-20.

 

Police Department.                                                                                  __________ District.

COMMAND CERTIFICATE OF AN ESCORT PROCEDDING IN CHARGE

OF ……………. TO …………….

 

1

2

3

4

5

Strength of Escort

 

Name of  officer in command

Nature of duty

Mode of transit and where to be relieved

Note of special orders.

Nos.

Gazetted Officers

…

 

 

 

 

 

Inspectors

…

…

Sergeants

…

…

Sub-Inspectors

…

…

Assistant Sib-Inspectors

…

Head Const-ables.

Mounted

…

Foot

…

Const-             ables

Mounted

…

Foot

…

 

…

 

 

 

 

 

(Standard Form).

Report of arrival and of relief to be noted on reverse.

 

 


DISTRICT POLICE OFFICER:

Superintendent of Police.

The …………………19    .

GUARDS AND ESCORTS

FORM No. 18-47.

 

POLICE                           19      .                                                                         DEPT.

FROM

Superintendent of Police,

To

Superintendent of Police,

Dated----------------------------

No.

Received -----------------------

 

Informs him that an escort of the following strength-

 

Number

Inspectors

 

Sergeants

 

Sub-Inspectors

 

Assistant Sub- Inspectors

Mounted

Head Constables

Foot Mounted

Constabels

Foot

 

 

Total

 

Will have this district in charge of ---------------------------------------------------------------------------------------------------------- to proceed to ----------------------------------and travel by ----------------------------------------------------.

      Requests that a relief of equal strength may be held in readiness to relieve the police of this district on the --------------------------.

Superintendent of Police

(Standard Form)

CHAPTER XIX-Training and Examination.

 

19-1.    Importance of training – Successful police work depends very largely on each individual officer acting correctly on his own initiative. The police force of a district or province can be compared to an intricate machine the inefficiency of one cog of which may mean in some important instance the inefficiency of the whole. If follows, therefore, that the training of each individual officer to do the work allotted to him is of the highest importance.

 

Superintendent of Police shall give their attention to the training of all officers and men serving under them. The object of such training shall be to inculcate in police officers habits of physical health, activity, discipline, self-reliance, observation, punctuality, sobriety, courtesy and straight-forwardness of details of the work required of them. Training shall be a continuous process are responsible that junior offices serving under them are given instruction and opportunities of acquiring experience of as many branches of police work as possible. Offices are required to communicate instruction received at the Police Training School and elsewhere to other offices serving under them.

 

19-2.    Training of recruits – (1) Except in exceptional circumstances, which shall be reported to the Deputy Inspector-General of the range, recruits shall not be passed into the ranks until they have undergone six months training and instruction.

 

(2) The following training and instruction shall be given to recruits:-

 

(a)        A course of drill and instruction on the lines laid down in Chapter 1 of the Police Drill Manual, Punjab, 1929. A separate programme and time table shall be made out for each squad of recruits and shall be kept to throughout the course.

 

(b)        A course of instruction in the headquarters lines school as laid down in rule 19-10.

 

19-3.    Examination of recruits – (1) At the completion of the training laid down, recruits shall be examined on parade by a gazetted officer or reserve inspector in each of the subjects taught in the course mentioned in rule 19-2(2)(a) and marks awarded.

 

(2) An officer shall be appointed by the Superintendent of Police to examine recruits in each subject taught in the headquarters lines school.

 

The list of recruits examined according to this rule together with the marks awarded, shall be forwarded to the Superintendent of Police who shall decided in the case of the first examination whether the men shall be passed, discharged under the rule 12-21 or given further training. As regard the seconds examination he shall ordinarily discharge a recruit under rule 12-21, grant him a certificate of education of the 1st and 2nd class to be inserted in his character roll or remand him for a further period of instruction.

 

A certificate of education of the 1st class shall mean that the recruit is sufficiently educated to enable him to learn the duties of an assistant clerk of a police station. A certificate of education of the 2nd class shall meant that the recruit is able (1) to read and write simple Urdu sentences; (2) to tell the time on a clock; (3) to read Roman figures and numerals and to do very simple sums of addition, subtraction and division. In cases in which recruits are illiterate or nearly so Superintendents of Police may pass them into the ranks without a certificate of education when they are above the average standard in other respects.

 

19-4.    Training while in reserve – On his passing into the ranks under rule 19-3 a recruit shall ordinarily be included in the first armed reserve in accordance with rule 17-9(2). During the further six months he remains in the reserve the recruit will be required to continue his education in the headquarters lines school.

 

19-5.    Further training of constables – (1) The fact that a recruit has been passed into the ranks under rule 19-3 shall not be taken to mean that he is a fully trained constable. A constable under three year’s service is at any time liable to discharge under rule 12-21. During the whole of this period he shall be kept under close supervision and reported on at intervals of six months in Form 19-5(1) by the sub-inspector or inspector under whom he is working through his gazetted officer to the Superintendent of Police.

 

The orderly head-constable shall maintain a list of constables under three year’s service. He shall submit the name of each man and month before he is due for confirmation to the Superintendent together with his personal file, which shall contain the form 19-5(1) referred to in this rule.

 

Gazetted officer are expected to make themselves acquainted, as far as possible, with the characters and careers of all constables under three years service and shall be responsible that the names of men unlikely to make efficient police officers are brought to the notice of the Superintendent.

 

(2) On being transferred from the lines after completion of his training in the first reserve, a constable under three year’s service shall be instructed in the practical duties of a constable y the inspector or sub-inspector under whom he is serving. He shall be sent out on beat, patrol, traffic and other duties with a selected senior constable who shall be made to feel his responsibility for the instruction of the younger man.

 

19-6.    Annual training of constable – (1) Every constable posted at a police station, or out-post, shall be called into lines annually for one month’s training in drill and instruction in the headquarters school. He shall be examined by a gazetted officer or reserve inspector before returning to his police station. Any constable failing to satisfy the officer holding this examination shall be retained in lines for a further period. A one-month, his police station sending no constable in is place.

 

(2) Constables transferred to lines for training under this rule shall not be employed on other duties except in emergencies.

 

(3) During this course particular attention shall be paid to the following matters:-

 

(a)        The general smartening up of each constable by attention given to the manner he wears his uniform and a short course of physical training if he is not over 35 years of age.

 

(b)        A short course of squad drill and musketry instruction.

 

(c)        The constable shall be put through the annual musketry course with the .410 musket laid down in the Police Training School Manual.

 

(d)        A refresher course of elementary law and procedure at the lines school.

 

19-7.    Fatigues by recruits – (1) Recruits shall not be employed on fatigue duties in the lines, except general fatigues on which all men off duty are employed, or in emergencies, when no other men are available. In this and other respects the greatest importance shall be attached to the recruit’s training not being interfered with and to his getting reasonable hours for rest and recreation. But such fatigues shall in no case be permitted to interfere with the attendance of any recruit at the headquarters lines school or his appearance on parade.

 

(2) When necessary, recruits may be posted in turn as unarmed sentries on their barrack rooms.

 

(3) The employment of recruits for fatigue purposes at officer’s bungalows or quarters, or as orderlies to officers, is strictly prohibited, and Deputy Inspector-General at their inspections shall insist on the strict observance of this rule.

 

19-8.    The headquarters lines school – In every district a headquarters school shall be established in the lines under the charge of a suitable assistant sub-inspector. This assistant sub-inspector shall be designated head instructor and shall ordinarily be posted to this duty for not less than one year. He shall be responsible under the general supervision of the Lines officer or reserve inspector that the school functions regularly according to the programmes and time-tables made out by the gazetted officer in charge of the lines or the reserve inspector.

 

19-9.    Lines school classes – The school shall be divided into two main portions for literate and illiterate constables. If there is a large number of men under instruction these may be further sub-divided into classes according to the educational standards of the men. The highest class of all shall consist of recruits who have studied up to the Entrance Examination of the Punjab University or any higher examination. These recruits shall be employed as assistant instructors and put in charge of classes of illiterate or semi-illiterate constables for the teaching of reading, writing and arithmetic. The time-tables shall be so arranged that these recruits acting as assistant instructors may receive instructions in professional subjects and general intelligence training. Good work done in the school by recruit assistant instructors may be rewarded according to the discretion of the Superintendent of Police.

 

19-10.  Lines school syllabus – The following subject shall be taught in this headquarters school:-

 

1.      Illiterate constables and recruits –

(a)                Elementary reading, writing and arithmetic in Urdu.

(b)                Roman letters and numerals;

(c)                Elementary law and procedure as it affects the constable ;

(d)               General duties of the constable, especially as regards his specific duties on beat, patrol and traffic duty ; his relations with the public ; the serving of processes ; the carrying out of searches ; the proper method of describing a person ; the various numbers and marks on motor and other vehicles and how to read the clock and distinguish colours.

(e)                Matters of departmental discipline ;

(f)                 Lessons in “observation” by means of practice in tracking and by methods employed by the Pelman Institute and the Boy Scout Association.

 

2. Literate constables and recruits –

(a)                Elementary law and procedure ;

(b)                General duties of the constable especially as regards his specific duties on bear, patrol and traffic duty, his relations with the public ; the serving of processes, the carrying out of searches ; the proper method of describing a person the various numbers and marks on motor and other vehicle and how to read the clock and distinguish colours ;

(c)                Police Rules ;

(d)               Practical police work on the lines of lectures to the Lower School of the Police Training School but of a more elementary nature ;

(e)                Lesson in “Observation” by means of practice in tracking and by methods employed by the Pelman Institute and the Boy Scout Association.

 

19-11.  Participation of officers in instruction – (1) As far as possible gazetted and non-gazetted officers at headquarters shall be employed to lecture and teach in the headquarters school. A programme shall be drawn up by the Superintendent of Police specifying the officers who shall lecture and the days and subjects allotted to them. With the help of this programme the gazetted officer in charge of the lines shall make out programmes and time-tables for the various classes detailed in rule 19-10.

 

(2)        In instructing at the headquarters schools officers shall bear the following principles in mind:-

(a)                All matters taught should be in strict relation to duties which have to be carried out by constables and head constables.

(b)                Recruits will learn most easily by practical illustration and demonstration.

(c)                Untill the most elementary matters are mastered it is useless going onto more advanced subjects.

 

19-12.  Employment of teachers of the education department – When circumstance permit teachers at primary schools may be employed in their spare time to teach illiterate constables and recruits in the headquarters school. These teachers may be suitably remunerated form the grants of Superintendents for “Rewards to private persons.”

 

19-13.  Training of selected constable – (1) With the object of selecting suitable constables for admission to list A (rule 13-6) constables with 1st class certificates of education shall be given further training as follows, as soon as possible after passing their recruits course:-

 

(a)                They shall be posted to clerical duty at headquarters under responsible supervision, i.e., they should be posted to either supernumerary or minor posts in the Urdu office, or to work  under the orderly head constable or the reader, or the office of a headquarter police station or clerical duty in the lines. The object of this posting is to test the constable’s industry and intelligence and his capacity for the work of an office.

(b)                While posted as above, they shall attend the headquarters school for two hours daily, at time to be fixed to as not to interfere with the official office hours. At the school they shall be taught the rudiments of law and police rules and shall receive lectures from selected officers on varied subjects connected with the duties of a police constable.

 

2.         The period of training prescribed above shall last from two to three months. At the end of that period the persecuting inspector, or other officer under whose supervision an educated constable has been posted for part (a) above shall report in form 19-5(1) as to his progress, and the estimate which has been formed of this industry, intelligence and character. An examination shall be held by a gazetted officer or, if one is not available, an inspector, to test the results of the course prescribed under (b) above. This examination shall be partly written and partly oral and shall be aimed at testing the intelligence of the examinees in applying what they have been taught to practical conditions. The office conducting the examination shall add to the report, submitted on each constable in respect part (a), his own estimate of the man’s ability. These reports and the results of the examination shall then be submitted to the Superintendent for orders. In making his decision the Superintendent shall be guided by the consideration that the training which will automatically follow from the admission of a constable to list A has as its object the productions of a man fitted for the rank of head constable. NO man should be held to have passed the tests prescribed in this rule unless, in addition to having given proof of education sufficient to enable him to take the lower school course at the Training School, he has performed the ordinary duties of a constable at a police station for at least six months, and is judged likely on general grounds to be fitted, after further training, to command, instruct and exercise responsibility as a head constable.   

  

19-14.  Preliminary training of candidates for the lower school at Phillaur – The selection of constables made under rule 13-7 shall be made at least three months before the men are due at the Police Training School. It shall be made after the men competing have been called into lines and put through a short “refresher” course of drill and instruction in the headquarters school, at the end of which they shall examined in competition. After regard has been had to those candidates nearing the age limit, selection shall be made as far as expedient, according to the result of this competition. The men selected shall be posted to police stations as assistants to station clerks or on similar duty until they are due to be sent to the Police Training School.

 

19-15.

                                    Cancelled.

19-16.

 

            19-17.  Training of trackers – In order to maintain an adequate supply of skilled tracers in the force, should be made to select police constables with an aptitude for the work and attach them to a police officer, who is a professional tracker, for practical instruction. Such of the elements of tracking as can be learnt from text-books-such as those used by the Boy Scout Association –should be taught in headquarters school; arrangements should be made for practical instruction and tests under the guidance of a professional tracker or of an instructor who has qualified by the methods of the Boy Scout Association or other similar organization.

 

19-18.  Instruction of recruits on first joining – The chief drill instructor and Lines school-master shall be responsible for instructing all recruits within the first month of their service in the purport of section 7 of the Police Act, under which they are appointed, the general and special obligations of their service and the penalties to which they are amenable under the Police Act and Police Rules. Especially in the case of uneducated recruits this instruction shall be given in general terms and in simplest language, but it is essential that all newly appointed police officers should have received, prior to the preparation of their character rolls under rule 12-29, sufficient instruction to enable them to appreciate the purport of the agreement which they are then called upon to sign.

 

19-19.  Staff of drill instructors – In each district a competent staff of drill instructors shall be maintained. No constable or head constable shall be employed as a drill instructor for a longer period than two years at a time with an interval of at least one year between. In districts where two drill instructors are sanctioned for lines there shall be at least four trained instructors in the district and in other districts this proportion shall be maintained.

 

19-20.  Training of drill instructors – (1) There shall two courses ehac year for drill instructors at the Police Training School :-

 

(1)               From 1st April to 15th August.

(2)               From 1st October to 15th March

 

Superintendents shall personally select smart literate head constables and constables of good moral character and physique, who possess an aptitude for drill, to attend this course. Constables selected shall be such as are considered by the Superintendents likely to become efficient head constables for general course they shall be tested and certified have reached the following minimum standards of athletics:-

 

(a)        100 yards in 132/5 seconds

(b)        High Jump 4 feet

(c)        Long Jump 15 feet

 

Should no men of the above standard be available in any district the Superintendent shall apply to the Deputy Inspector-General for a man to be transferred from another district either before or after training.

 

(2) A refresher course for trained drill instructors is held at the Police Training School from January 3rd to February 16th and from May 1st to June 15th each year.

 

19-21.  Physical training instructors – The Principal of the Police Training School, in returning men of the drill instructors class to their districts, shall indicate in his report men whom he considers likely to make good physical training instructors. Such men may be returned to the Police Training School for the physical training course, which shall be held from November to 23rd December each year.

 

Should any district have no suitable candidates for this course the Superintendent shall apply to the Deputy Inspector-General for a man to be transferred from another district either before or after training.

 

19-22.  Drill and physical training at the Police Training School – (1) The Principal, Police Training School, may retain for service at the school any head constable or constable deputed form districts for training under rules 19-20 and 19-21. Without the approval of the Inspector-General no drill or physical training instructor may be retained for service at the school for more than three years at a time there being an interval of at least one year before he is again so employed. The Principal, Police Training School, Phillaur, is empowered to enter Police Training School, Drill Inspectors directly into the lower school course after their three year’s period of deputation, provided that they are sufficiently educated and their service at the Police Training School has been satisfactory.

 

(2) All promotions of drill an physical training instructors made at the school shall be temporary and all such men shall revert to their substantive ranks on return their districts. Drill Instructors returned form the Phillaur Drill Staff should not be employed, even temporarily, as Drill Inspectors in districts without the sanction of Range Deputy Inspector-General of Police.

 

(3) All lower subordinates employed as drill and physical training instructors at the Police Training School shall be shown on the promotion lists A, B or C of their districts as “Seconded to the Police Training School”. They shall be considered equally with other men of their districts promotion. For this purpose the Principal, Police Training School, will furnish an annual report in form 19-22(3) on all drill and physical training instructors to the Superintendents of the districts concerned. In the case of upper subordinates confirmed as such, these reports shall be submitted to the Deputy Inspector-General of the range from which the men were deputed to the Police Training School for inclusion in their personal files.

 

19-23.  Selection of drill and physical training instructors for Police Training School – Drill and physical training School will, on passing their courses, be included in a list to be maintained by the Principal, Police Training School. This list will show their qualification, and remarks as to whether they are considered fit for employment as instructors at the school shall be added by the Principal.

On vacancies occurring on the staff in consequence of rule 19-22 above, these shall be filled by selection from successful students of the drill instructors class or from the list maintained under this rule.

 

19-24.  Training of buglers – In districts where local arrangements with regiments cannot be made, Superintendents of Police may depute suitable recruits under the age of 19 to the Police Training School for training as buglers. Before sending such recruits for training, however, efforts shall be made to ascertain that they have the makings of a bugler.

 

19-25.  Training of upper subordinates – (1) Inspector, sub-inspectors and assistant sub-inspectors, who are directly appointed, shall be deputed to the Police Training School to undergo the course of training laid down for such officers in the Police Training School Manual and are liable to discharge in they fail to pass the prescribed examinations or are badly reported on.

 

(2) On successfully completing the course at the school, upper subordinates will be posted to districts for practical training. The following programme of instruction shall be followed.

 

Course A – Prosecuting Inspector’s work –

 

(a)        Maintaining registers.

(b)        Checking challans.

(c)        Making a police brief.

(d)        Working as assistant prosecuting inspector.

(e)        Working as assistant prosecuting inspector in the Sessions Court.

(f)         Personally prosecuting cases.

 

Course B – Police Lines –

 

(a)        Working as orderly head constable, keeping up files and registers and doing the actual work of the orderly head constable.

(b)        Reserve inspector’s and Lines officer’s duties, doing the actual word.

 

Course C – Office of Superintendent –

 

(a)        Working as assistant clerk in English office.

(b)        Working as record-keeper.

(c)        Working as return-writer.

(d)        Working as assistant reader to Superintendent.

(e)        Working as assistant accountant.

 

Course D – Training at a Police Station –

 

(a)        Working as station clerk for two months.

(b)        Assisting in the investigation of cases and learning the duties of officer in charge of a police station under the immediate supervision of the officer in charge of such a station for a period of six months.

(c)        Working as additional investigating officer in a police station for one year, or, in the case of an inspector, as additional district city or reserve inspector.

 

(3) Ordinarily course A shall last for 3 months, courses B or C for 6 weeks each and course D for the remaining probationary period. Directly appointed upper subordinates will thus be under training for 3 years before they are confirmed.

 

(4) On the completion of each course the probationer shall be examined by the Superintendent, who shall satisfy himself that the officer has obtained efficiency before allowing him to commence another course, and concise report regarding the progress made shall be submitted to the Deputy Inspector-General in Part IV of form 19-25(5).

 

(5) On the termination of the prescribed period of probation the Superintendent shall submit, to the Deputy Inspector-General for final orders the full report required by Form 19-25(5) on the probationer’s working and general conduct, with a recommendation as to whether he should or should not be confirmed in his appointment. In the cae of inspectors such reports shall be forwarded to the Inspector-General.

 

The progress and final reports shall be filed with the character rolls of the officers concerned.

 

19-26.  Training of Prosecuting Sub-Inspectors – (1) (i) Directly appointed Prosecuting Sub-Inspectors shall be on probation for a period of three years. They shall normally be appointed in the end of February or the beginning of March and shall be deputed to attend the 12 months Prosecuting Sub-Inspectors course at the Training School commencing from the 15th March each year.

 

(ii)        Officiating Prosecuting Sub-Inspector directly appointed against temporary or deputation vacancies will also be deputed to attend this Prosecuting Sub-Inspectors course at the Training School as soon as possible after appointment.

 

(iii)       With the sanction of the Deputy Inspector General of Police or Assistant Inspector General, Government Railway Police, Assistant Sub-Inspectors and Sub-Inspectors with not more than six years’ service in that rank and with a thoroughly good knowledge of English, which must be spoken and written fluently, may be permitted to attend the Prosecution Sub-Inspectors’ Course at the Training School along with the directly appointed Prosecuting Sub-Inspectors with a view to qualifying for employment as Prosecuting Sub-Inspectors.

 

No police officer shall be deputed to the Training School for undergoing the Prosecuting Sub-Inspector’s Course who, apart from possessing the necessary educational qualification, does not possess a thoroughly good reputation for honestly and general character, and who has not shwon himself to be capable investigating officer.

 

(2)        Training at the School shall be given in:-

 

(a)    Drill (all subjects except Musketry).

(b)    Equitation.

(c)    Revolver firing.

(d)   Delivery of an opening address.

(e)    Local and Special Laws.

(f)     Medical Jurisprudence.

(g)   The Finger Print System.

(h)   Police Rules.

(i)     Scientific Aids to Investigation.

(j)     Plan Drawing.

(k)    Preparation of Memoranda, drafting of appeals and revisions, etc.

(l)     Evidence Act.

(m) Indian Penal Code and Criminal Procedure Code.

(n)   High Court Rules and Orders, Volume III.

 

Practical training of directly appointed Prosecuting Sub-Inspectors – (3) On successfully completing the course at the School, directly appointed Prosecuting Sub-Inspectors will be posted to rural police stations for six months’ practical training under experienced selected Sub-Inspectors, after which they will work for 1- ½ years as Prosecuting Sub-Inspectors. On the conclusion of this period, provided they have given satisfaction, they shall be confirmed in their appointments. Their confirmation shall, however, depend on the reports received from the Principal, Police Training School, and from the Superintendent of Police of the district to which they are posted. The Principal shall make a report on the capacity and character of each officer as evidenced by his conduct while under training at the School, and the Superintendent of Police shall submit half-yearly reports showing his progress in practical work.

 

(4)        In the case of officers who are appointed officiating Prosecuting Sub-Inspectors against temporary or deputation vacancies and are subsequently absorbed in substantive vacancies the Inspector General of Police may, be special order in each case, permit period of officiating service as Prosecuting Sub-Inspector to count towards the period of probation provided the courses of training and the examinations prescribed in rule 19-28 have been undergone and passed.

 

19-27.  Training of European Inspectors and sergeants – (1) European and Anglo-Indian sergeants and inspectors appointed under rule 12-4 shall be on probation for three years. As soon as possible after appointment they shall be deputed for training in the upper school at the Police Training School Training and shall go through the six months’ course prescribed in the Police Training School Manual. Any probationary sergeant or inspector failing to pass his examination, or who may be adversely reported on by the Principal, shall ordinarily be discharged. Reports shall be submitted half-yearly in form 19-25(5) by Superintendent of Police or the Assistant Inspector General, Government Railway Police, on all such probationers serving under them, to the Inspector General who will discharge any officer who proves to be unsatisfactory.

 

(2)        There shall be a refresher course for three months from the 1st October at the Police Training School for senior sergeants seeking to qualify for the rank of inspector. The course shall be a practical and specialist one and on the lines of the gazetted officers’ course, the intention being to turn out good investigation and controlling officers and shall include a sound grounding in the accounts chapter of the Police Rules.

 

Ordinarily all sergeants shall pass this course before admission to list F (rule 13-15).

 

Selections for the this course will be made by the Inspector General of Police about three months before the course in due to begin, the enable selected officers to read their law and rules before proceeding to Phillaur.

   

19-28.  Prosecuting Sub-Inspectors’ Examination – (1) The Prosecuting Sub-Inspector’s examination will be held annually at the Police Training School at the end of the normal school year, i.e., in February or March. Officers must satisfy the Principal that they have attained a sufficiently high standard in Drill, Equitation and Revolver Firing in addition to obtaining the requisite percentage in the tests detailed in paragraph (3) below.

 

(2)        The examination will be conducted by the Board assembled for the examination of the Upper School.

 

(3)        The tests prescribed, for Prosecuting Sub-Inspectors are given in the following table, which also shows the time allowed and the marks obtainable:-

 

Serial No.

Subject

Time allowed

Marks obtainable

(1)

(a)Reading a Police file and challan of a case and preparing notes for an “opening speech” followed by.

 

(b)An opening speech in English of not less than 10 minutes or more than ¼ hour’s duration before the Examination Board.

 

5 hours.

 

10 – 15 

minutes.

100

(2)

General Paper No. 1 consisting of ten questions involving a detailed working knowledge of all Acts and Rules normally used in Police work. (No books allowed).

3 hours

200

(3)

General Paper No. 2 similar or General Paper No. 1 but including more intricate questions. (Books including, commentaries allowed).

3 hours

200

(4)

Medical Jurisprudence (8 questions.)

2- ½ hours

150

(5)

Finger Print Bureau Manual, Parts I and II (including comparison of finger prints) 10 questions).

3 hours.

200

(6)

Police Rules, Volumes 1 and 11 (10 questions).

3 hours.

200

(7)

Police Rules, Volumes III (10 questions.)

3 hours.

200

(8)

Scientific Aids to Investigation (5 questions and Practical test).

3 hours.

160

(9)

Plan Drawing.

3 hours.

100

(10)

Preparation of Memoranda, Drafting of appeals and revision, etc.

Tests during training.

200

 

Test 1,2,3,6 and 7 will be held by the Board of Examiners. The remaining tests will be held by the Principal.

 

(4)        Candidates who obtain 50 per cent. marks in each subject and 60 per cent. in the total aggregate shall be held to be qualified for employment as Prosecuting Sub-Inspectors. Those who obtain 60 per cent in each subject and 70 per cent in the total aggregate shall be considered to have passed with credit. A Prosecuting Sub-Inspector may not be promoted to the rank of Prosecuting Inspector unless and until he is certified to have passed the Prosecuting Sub-Inspectors’ Examination with credit. If he fails to achieve this standard in the first instance, he may thereafter be given two further opportunities of doing so.

 

(5)        The examination papers will be set by selected officers of the department to be nominated by the Inspector – General of Police. These officers will forward their papers in sealed covers to the Principal of the Police Training School at least a fortnight before the date fixed for the examination. The Board shall hear and award marks for the opening speech; the answers of the candidates in other subjects shall be marked under the supervision of the Board of Examiners. The result of the examination shall be forwarded to the Inspector – General of Police, who will himself decide whether candidates shall be passed or rejected.

 

19-29.    Deleted.

 

19-30.    Musketry – Method of Instruction. – The method of instruction in musketry shall be as laid down in the Police Drill Manual. Apparatus required such as tripods, aim correctors, black-boards, etc., shall be indented for from arsenals on the scale laid down in Equipment Tables for Police and Jails.

 

19-31.    Musketry ranges. – In each district there shall be a musketry range for the 410 musket, constructed according to the instructions contained in the Police Training School Manual.

 

19-32.    Targets. – The targets used in the musketry courses prescribed in rule 19-33 are described in detail in the Police Training School Manual.

 

19-33.    Musketry courses. – There shall be two musketry courses fired yearly in districts as follow:-

 

 

(a)               A course with the .303 H.V.Rifle (rule 19-37).

(b)               Trained policeman’s course with musket (rule 19-34).

 

Course (A) shall be fired by all recruits during their training and annually by the Mounted Police and the two-armed reserves formed in accordance with Rule 17-9 and double the strength of the Government Railway Police emergency reserve. No men will be required to fire the course if they have already fired it within the past 12 months as recruits.

 

Course (B) shall be fired annually by not less than 75 per cent of lower subordinates in each district excluding the Mounted Police and the two-armed reserves, and in the Railway Police double the strength of the emergency reserve. Recruits shall only pass the elementary parts of this course as laid down in the Revised Rules regarding Musketry and Revolver practice of the Police Training School Manual.

 

19-34.  Annual course with the .410 musket. – (I) The annual course (B) shall be conducted throughout the year, so that it may be completed by the end of December. It shall be conducted at the headquarters of districts and of the Government Railway Police and shall be superintendent by a gazetted officer whenever possible, otherwise by the reserve inspector or other competent uppur subordinate selected by the Superintendent of Police or, in the case of Railway Police, by the Assistant Inspector – General, Government Railway Police.

 

(2)        The Details of this course, the method of scoring, precautions to be taken against accidents, the duties of supervising officers and the registers of range practices are all contained in the Police Training School Manual. All instructions contained therein shall be carefully noted and complied with. Gazetted offices, reserve inspectors and Lines officers shall make themselves thoroughly acquainted with these instructions.

 

19-35. Musketry Returns. – (I) Each Superintendent shall submit an annual target practice return on the 15th January, in form 19-35 (I), to the Deputy Inspector – General, Government Railway Police shall prepare a similar return. The target practice of trained police officers and recuits shall be exhibited separately on such returns. In column 5 of the return shall be entered the “Figure of Merit” of trained men and recruits, separately. The figure of merit shall be calculated according to the following formula:-

 

Number of points obtained X 100

 

Figure of merit --------------------------------------------------------------------------------------------

Highest possible score per man + number of men firing

            Example. –    Number of points obtained                        …        3,150

                                    Highest possible score per man    …             36

                                    Number of men firing         …        …           150

 

3,150x100

Figure of merit ------------------------------- = 58.33

  36x150

 

 

NOTE

 

In determining the district figure of merit in the case of police officers firing the course more than once their first scores only shall count.

 

(2)        Deputy inspectors – General, after communicating to Superintendents such instructions in regard to these returns as may seem to them to be necessary shall record them in their own offices.

 

(3)        On receipt of all such returns for the range, the Deputy Inspector – General shall forward an abstract, showing the figure of merit for each district in the range, to the Inspector – General for information and for publication in the Police Gazette. The Assistant Inspector – General, Government Railway Police, shall submit a similar abstract to the Inspector – General. No district, in which the number of men exercised during the year is less than 75 per cent of the sanctioned strength, shall be entitled to show a figure of merit.

 

19-36.    Cancelled.

19-37.    Annual course with .303 Rifle. – The detail of the annual musketry course (A) and the method of scoring are given in the Police Training School Manual.

 

A course for recruits with the 22 miniature rifle with instruction as to the miniature range and targets is prescribed in the Police Training School Manual. Whenever possible recruits should be put through the miniature course before being taken on the long range.

 

19-38. Rewards for shooting. – In districts and the Government Railway Police rewards to the aggregate value of Rs.25 may be given to the three best shots in the district. Such prizes shall be of the following values and may be charged in the General Contingent Bill under “Rewards”:-

 

                                                                        Rs.

            1st prize          …        …        …        12

            2nd prize         …        …        …          8

            3rd prize         …        …        …          5

 

19-39.  Marksmen’s badges. – All police officers qualifying as marksmen shall be awarded a marksman’s badge. For the course with the smooth-bore musket the badge shall be a badge of crossed rifles; for the course with the H.V.Rifle the badges shall be a badge of crossed rifles and star. The senior badge alone shall be worn by any police officer who may have earned both. All musketry badges will be worn on the left arm.

 

The award of such badges shall be entered in character rolls, the year of award being shown.

 

Any officer in possession of a badge who fails at the next annual course to maintain his standard of shooting shall forfeit his badge.

 

19-41.  Training in firing on mobs. – (I) At the conclusion of the annual musketry course (B) each lower subordinate shall be put through the drill prescribed in Chapter VIII of the Drill Manual. All upper subordinates and officers present at headquarters shall be given practice in using the words of command prescribed for this drill.

 

19-42.  Revolver practice. – (I) All gazetted officers and upper subordinates shall be taught to become efficient in the use of their revolvers. Instruction shall be in accordance with the orders contained in Chapter VI, Police Drill Manual, 1929.

 

(2)        The annual target practice, which shall be under the personal supervision of a gazetted officer, shall take place at the same time as the meetings of non-gazetted offices prescribed in rule 20-19.

 

(3)        The course to be fired and the method of scoring are contained in the Police Training School Manual.

 

19-43.  Training of Probationary Assistant Superintendents of Police. – The training of probationary Assistant Superintendents of Police shall extend over two years, divided into the following four periods:-

First period (1st November to 31st May).

           

This period of seven moths will be spent at the Police Training School Phillaur, where probationary-gazetted officers will be trained in accordance with the instructions contained in the Police Training School Manual.

 

Probationary-gazetted officers recruited in England will join the School for this course as soon as they arrive in the Punjab from England. Probationary-gazetted officers recruited in India will ordinarily be posted to the School immediately on their appointment to the service.

 

NOTE

 

            Between the date of their appointment and the commencement of this School Course, probationary gazetted officers recruited in India will be posted to selected district for practical training on the lines laid down below for the fourth period.

 

Second period (1st June to 30th September)

 

For this period of four months probationary-gazetted officers will be posted to selected district where they will continue systematically their study of Urdu, Criminal Law, Department Rules, Police Accounts and Medical jurisprudence, under the supervision of the Superintendent of the district and the Deputy Inspector – General of the range. During this period, the Superintendent of Police will also arrange for these officers to study closely the whole working of a police station, two police stations at least being thoroughly inspected under his guidance with detailed reference to Chapters XIX to XXVIII inclusive of the Police Rule. Facilities will also be arranged during these months for a practical study of the rules and regulations relating to district police accounts.

 

Third period (1st October to about the middle of December)

 

This period will be spent at the Police Training School, Phillaur, where they will go through the courses laid down in the police Training School Manual.

 

Fourth period (December to the 1st November of the following year).

 

For this period, officers will be posted to selected districts for practical instruction. In addition to the practical study of all branches of the working of the district police, probationary-gazetted officers shall devote at-least two house daily to the study of Punjabi (or Pushtu, if posted to the North-West Fronier Province) under the guidance of a competent instructor, until they have qualified in this language.

 

For the guidance of Superintendents to whom the training of probationary gazetted officers has been entrusted, the following specimen courses of training are given. It is not intended that these courses shall be strictly adhered to but that Superintendents make out similar courses suited to the individual officers concerned, the circumstances of the district and the stage of training already reached by the probationers.

 

For the first 4 months of his training.

 

A.        (1)        He should attend morning parade at least 3 times a week and recruits parades at any time during the day at least twice during each week.

 

(4)        He should personally distribute the pay of the headquarters at least once.

 

(5)               Once personally check all arms, ammunition and stores with the registers concerned under the direction of the Superintendent of Police.

 

(6)               Attend throughout at the hearing of at least two Sessions cases of importance and submit a daily report to the Superintendent of Police of the proceedings of the court.

 

(7)               Check the cash book referring to Chapter X of these rules.

 

For the second 4 months of his training

 

B.         (1)        Attend for one week while the Superintendent is dealing with his morning post, nothing the action taken on each letter and referring to Police Rules where necessary.

 

            (2)        He will once inspect, under the supervision of the Superintendent of Police, and referring to police rules, the English and Urdu offices and will submit a report.

 

            (3)        He will check, under the supervision of the head of the prosecuting agency, four challans in important cases and take them to the Superintendent of Police for criticism.

 

            (4) He will accompany a selected inspector or sub-inspector during the investigation of at least three cognizable cases, and should prepare, in English, diaries and forms in the cases, not for use in the cases, but to be submitted to the Superintendent of Police and to be commended on by him.

 

For the third 4 months of his training

 

            He should be put in charge of four contiguous police stations of the district. At his first inspection of each of these police stations the Superintendent of Police shall be present and shall tour with him, visiting villages and instructing him in the duties of a gazetted officer on tour, as detailed in rule 20.7.

 

            During this period, when at headquarters, he will interest himself in the work of the Central Intelligence Agency.

 

            Superintendents of Police to whom the training of probationary gazetted officers is contrasted will be held personally responsible for so controlling and directing their training that the text-book and theoretical training received as the Training School shall be adjusted and applied to the practical work of a gazetted officer.

 

            It is further the personal duty of the Superintendent to give to probationers serving under him that help and guidance in matters of personal conduct, judgment and tact, without which few young officers can fully develop their powers to the best advantage of the service.

 

            19-44.  Course of training and examination for Deputy Superintendent – Probationary Deputy Superintendent of Police who have received direct appointments will undergo the same course of training and be required to pass the same examinations as probationary Assistant Superintendents.

 

            19-45.  Language examinations for Probationary Assistant Superintendent of Police – (I) Each probationary Assistant Superintendent of Police is required to pass, within two years of his appointment the same examination in Urdu and within 3 years of his appointment, the same examination in Punjabi (including the written test) as that prescribed for Assistant Commissioners. The dates and times of these examinations, which are held twise annually annually in Lahore, will be notified in advance in the Punjab Gazetted.

 

            The Inspector-General of Police may, however, exempt from passing the departmental examination in Urdu, such Probationary Assistant Superintendent of Police who have, before joining service, duly qualified in Urdu or Persian at a recognized University.

 

            Assistants posted to the North-West Frontier Province shall pass in Pashtu (by the Higher Standard) within:-

 

(a)        three years of their appointment, if posted to the North-West  Frontier Province, during the first 2 years of their service.

 

(b)        One year of their being posted to the North-West Frontier Province, should such posting take place, when they have completed more than 2 years service.

 

It shall not be compulsory for any Assistant Superintendent of Police while posted to the North-West Frontier Province to qualify in Punjabi.

 

(2) No Assistant Superintendent of Police will be allowed to draw his second increment of pay until he has passed his departmental examinations in Law, Police Rules, the Finger Print system, drill, musketry, revolver practice, equitation and First Aid to the injured, and the prescribed examination in Urdu. No Assistant Superintendent of Police will be allowed to draw his third increment of pay until he has passed these examinations and, in addition, the prescribed examination in Punjabi, cr, should he have been posted to the North-West Frontier Province within two years of his first appointment, the prescribed examination in Pushtu. But this rule may be suspended by the Provincial Government in any special circumstances. Increments of pay in the above mentioned cases shall be granted with effect from the date following that on which the examination ends.

 

(3) An Assistant Superintendent of Police posted to the North-West Frontier Province when he has more than 2 years service will be entitled to draw his next increment of day, provided that he is not under stoppage under sub-rule (2) above, when if becomes due to him. The drawal of further increments will thereafter be dependent on his having qualified in Pashtu. An Assistant Superintendent of Police who has not qualified in Punjabi, reverting for any reason to the Punjab, will be required to qualify in that language.

 

19-46.  Other examinations in oriental languages. – (1) He shall take the second examination in Punjabi held after his return. Should he fail to qualify he shall be allowed two further chances, but on failing in the fourth examination after his reversion he will case to draw further increments of pay until he qualifies.

 

(2) With the special permission of the Punjab Government, a limited number of officers of the Punjab Police who are other quartered in the Dera Ghazi Khan, Mianwali and Attock districts or likely to be so quartered, may appear at the examinations by the higher standard in Pashtu. Such officers will, on passing the examination, be entitled to reward of Rs.500. The examinations are held at Peshawar, Dera Ismail Khan and Lahore in the first Monday in April and the last Monday in October and following days. Applications to appear shall be forwarded to the Inspector – General not later than the 1st March and 1st October.

 

October officer, including European and Anglo-Indian Deputy Superintendent of Police, may appear for the examination with the sanction of the inspector – General, but will not draw any reward on passing. Any officer who has province, be entitled to draw language pay at the rate of Rs.100 per mensem, expect when serving in the Hazara district; provided that an officer who has already received a cash reward for passing the examination will not be allowed to draw language pay until he has refunded the whole amount of such reward.

 

Note – Detailed instructions regarding examination in Pashtu are contained in Government of India, Foreign and Political Department, notification No. 2321-Rst.-B o f23rd October 1918.

 

(3) Officers of the Imperial branch of the Indian Police are eligible to appear at and receive the honoraria authorised for passing any oif the following examinations in Oriental Languages:-

 

1

2

3

Standard

Language

Donations

 

 

 

Rs.

1.      

Preliminary   …        …

Persian and Arabic  …        …

300

2.      

Higher Standard       …

Sanskrit          …        …        …

500

3.      

Interpretership         …            …

    2nd Class

Punjabi          …        …        …

Urdu   …        …        …        …

Persian and Arabic  …        …

750

750

900

4.      

Interpretership         …            …

    1st Class

Punjabi          …        …        …

Urdu   …        …        …        …

Persian and Arabic  …        …

1,500

1,500

1,800

5.      

Degree of Honours  …

Urdu   …        …        …        …

Sanskrit          …        …        …

Persian and Arabic  …        …

3,000

5,000

5,000

 

Officers who are natives of India are not eligible for rewards for passing in the vernacular of the district in which they were born or educated. The Provincial Government shall determine in each case what language come within this definition. No officer will be permitted to same reward for passing an examination by the higher standard or the proficiency standard after the completion of fifteen year’s service. In the case of an examination for the degree of honour standard, there shall be no limit of time, and an officer will be permitted to earn a reward by passing this examination at any time within the period of his service.

 

Examinations are held in Lahore, Lucknow and Calcutta twice annually in March and September or October, except in the case of the proficiency standard in Punjabi, for which the examination is arranged by the Director of Public Instruction, Punjab, in Lahore only twice yearly in the last week of April and first week of November. Dates and particulars can be ascertained on application to the Secretary to the Board of Examiners, Calcutta. The full regulations governing these examinations are contained in notification No. 36440 of 19th December 1934 published in the Punjab Gazette of 21st December 1934.

 

19-47.  Oriental language test for European and Anglo-Indian subordinates – European and Anglo-Indian subordinates are required to pass, as part of their final examination at the Training School, and examination in Urdu of standard, which will ensure that they can converse with reasonable fluency and grammatical correctness, and can understand reports read to them in Urdu. Such officers will receive instruction in Urdu from members of the school staff, under the directions of the principal.

 

Form no. 19-5(1)

 

six-monthly report on the training of constables

                                   

Constable No.

 

Name

 

1.       

On what duties employed during the period under report            …        …            …        …

 

2.       

Has he acquired a working knowledge of those portions of the law and Police Rules required of Constables?       …            …

 

3.       

Is he always alert on duty? (Has he shown any special interest)            …            …        …

 

4.       

Mention any occasion on which he has had to be admonished by officers under whom he has been working           …            …        …

 

5.       

Is he of good moral character?       …

 

6.       

Give remarks regarding –

(a) His initiative;

(b) Attentiveness to duty;

(c) Intelligence;

(d) Behaviour with public;

(e) Special aptitude;

(f) Drive in carrying out the orders of his officers       …        …        …        …

 

7.       

Has he made serious efforts to assimilate instructions given to him?            …        …

 

8.       

Is he keen and smart in appearance?            …

 

9.       

Has he obtained any C.C or cash reward?

 

10.   

Is he considered fir for promotion or any special course?         …        …        …

 

 

Dated               19   .                                                                                        Signature and rank

 

Form no. 19-22

 

Annual report on drill and physical training instructors

 

Annual Report on *________________________________ No. _______________________ (name) ________________________________________ of the _______________________district forwarded under police rule 19-22(3) for information.

 

The above * _______________________________________ has been seconded for service as a drill / physical training insructor in the Police Training School since _____________________.

 

He is fit / not fit for promotion for the reasons given below.

 

                                                                        *(Rank).

                                                                        Principal, Police Training School, Phillaur

 

 

Form no. 19-25(5)

 

progress report of a probationary assistant sub-inspector, sub-inspector or inspector of police

 

Part – I

 

1.                  Name and Principal / Range No. __________________________________________

2.                  Father’s Name and profession ____________________________________________

3.                  Religion and caste _____________________________________________________

Village_____________________________________________

4.                  Residence      …        Police Station _______________________________________

District ____________________________________________

5.                  Date of birth __________________________________________________________

6.                  Height and chest measurement ___________________________________________

7.                  Where educated, with name of school or schools, statement of educational qualifications and examinations passed _________________________________________________

_________________________________________________________________________________

 ________________________________________________________________________________

8.                  Other qualification (Mention Territorial Force or Boy Scout qualifications, athletic distinctions, ability to ride and any other special attainments ________________________________

_________________________________________________________________________________

9.                  Name and degree of relationship of, and appointments held by, relatives in Government for other employ ________________________________________________________

10.              Home of family _______________________________________________________

11.              Full particulars of family, including a brief statement of claims, if any, ___________

________________________________________________________________________________

Deputy Inspector-General of Police

Dated ______________19    .                                                                                    __________Range

 

FORWARDED to the Principal of the Police Training School, Phillaur, together with the Character Roll, Service Book and Certificate of Appointment of the Probationer.

It is requested that the Principal will complete the Character Roll and Service Book by entering a personal description of the Probationer, his next-of-kin, etc., and by obtaining his finger impressions wherever required.

A Health Certificate will be produced by the Probationer on his joining at Phillaur. An attested copy of this certificate should be attached to the Character Roll.

 

Deputy Inspector-General of Police

Dated ______________19    .                                                                                    __________Range

 

Part – I

 

1.                  Appointed as Inspector / Sub-Inspector / Assistant Sub Inspector of Police with effect from ______________________________________ vide Order Book No. ____________________ dated ____________________.

2.                  Half-yearly progress report by the Principal of the School:-

_________________________________________________________________________________

(a)        First half-year :-

Dated ______________19    .                                                                                                 Principal

_________________________________________________________________________________

(c)                Second half-year :-

Final Report :-

            Result of training ________________________________________________

            Order of passing ________________________________________________

            General remarks as to character, qualifications, etc. :-

Dated ______________19    .                                                                                                 Principal

_________________________________________________________________________________

            FORWARDED to the Deputy Inspector-General of Police, ___________________________ Range, together with the Character Roll and Service Book.

Dated ______________19    .                                                                                                 Principal

Part – III

 

1.                  ____________________ is transferred for further training to the _________________ district with effect from ____________________________________________________________.

2.                  _____________________ is dischargedfrom the Police force with the effect from ________________________________________ on the ground of __________________________.

note

Whichever of the above entries is inapplicable should be reused.

3.                  Special instructions, if any __________________________.

Deputy Inspector-General of Police

Dated ______________19    .                                                                                    __________Range

_________________________________________________________________________________

            FORWARDED to the Superintendent of Police, _____________ District, together with the Character Roll and Service Book of the Probationer.

Deputy Inspector-General of Police

Dated ______________19    .                                                                                    __________Range

 

 

Part – IV

 

            FORWARDED together with the Character Roll and the Service Book, to the Deputy Inspector-General of Police, ___________ Range (vide Police Rule 19-25(5))

 

 

Course “A”

Report by the Superintendent of Police.

Orders by the Deputy Inspector-General,

____________Range

Superintendent of Police,                                                               Deputy Inspector-General of Police,

__________Range                                                                                                     __________Range

 

Course “B”

Report by the Superintendent of Police.

Orders by the Deputy Inspector-General,

____________Range

Superintendent of Police,                                                               Deputy Inspector-General of Police,

__________Range                                                                                                     __________Range

 

Course “C”

Report by the Superintendent of Police.

Orders by the Deputy Inspector-General,

____________Range

Superintendent of Police,                                                               Deputy Inspector-General of Police,

__________Range                                                                                                     __________Range

 

Course “D”

Report by the Superintendent of Police.

Orders by the Deputy Inspector-General,

____________Range

Superintendent of Police,                                                               Deputy Inspector-General of Police,

__________Range                                                                                                     __________Range

 

Full report by the Superintendent of Police __________________ District on termination of the prescribed period of probation (vide Police Rule 19-25(4)).

Superintendent of Police,

Dated ______________19    .                                                                                    __________Range

 

Final orders of the Inspector-General of Police in the case of Inspectors, and of the Deputy Inspector-General of Police. In the case of  Sub-Inspectors and Assistant Sub-Inspectors as to confirmation in his appointment or otherwise, of the Probationer vide Police Rule 19-25(5).

Deputy Inspector-General of Police,

Dated ______________19    .                                                                                    __________Range

Dated ______________19    .                                                       Inspector-General of Police, Punjab.

________________________________________________________________________________

Returned, together with the Character Roll and Service Book to the Superintendent of Police, ______________ District (through the Deputy Inspector-General of Police, in case of Inspectors).

Dated ______________19    .                                                       Inspector-General of Police, Punjab.

________________________________________________________________________________

NOTES

1. The Character Roll and Service Book and the Certificate of Appointment under the Police Act will be prepared in the office of the Deputy Inspector-General by whom all entries in Part I of this form will be made. (The form of application and other original papers regarding the probationer’s appointment will remain in the Deputy Inspector-Genera’s Office).

 

2. The entries in Part II will be made by the Principal of the School (The date of the probationer’s appointment will be the date on which he reports his arrival at the School, after the commencement of the term; and this date will be entered in the Certificate of Appointment before delivery to the probationer).

3. The entries in No.2(a) of Part II will consist of brief remarks concerning the probationer’s progress generally, and will be made at the end of the first half-year, (b) will be filled up after the final examination.

4. Part III will be filed yp in the office of the Deputy Inspector-General.

5. In Part IV, the Superintendent of Police, when recording his remarks about the probationer, should gave references to any reports or correspondence concerning him which may have taken place during the period of training.

6. This form will remain permanently attached to the Character Roll of the officer concerned. In the case of men rejected all papers will be returned to the Deputy Inspector-General for record in his office.

CHAPTER XVII – HEADQUARTERS ESTABLISHMENT AND RESERVES.

 

            17.1 Lines establishment – (1) The Lines establishment shall include the following :-

 

Reserve Inspector                                                                - - Inspector

Lines Officer                                                                         - - Sub-Inspector

School master                                                                                   - - Assistant Sub-Inspector

Lines Clerk                                                                            - - Head Constable

Kot Head Constable                                                                        - - Ditto

Clothing and equipment clerk                                           - - Ditto

Drill and gymnastic instructor                                           - - Ditto

Assistant kot Head Constable                                            - - Ditto

Assistant drill instructor                                                     - - Ditto

Armourer                                                                              - - Ditto

Bugler                                                                                                - - Ditto

 

            Barbers and washerman shall be given a monopoly of work in police lines on contract on proper agreements in which it shall be laid down both the obligations by which they are bound and the fees that they  might charge. In each police line a properly fitted barber’s shop shall be provided and a suitable Dhobi Ghat.

 

            Strength of the lines establishment – (2) The strength of the lines establishment shall be fixed by the Inspector  - General of each district, according to its special circumstances and requirements, and shall be shown in the distribution statement, Form 2.1.

 

            (3) Such number of menial servants shall be maintained in each district as may, from time to time, be sanctioned by the Inspector – General.

 

            17.2. Duties of reserve Inspector -  In districts where a reserve Inspector is sanctioned the following shall be his duties :-

 

            (i) The reserve Inspector under the control of the gazetted officer in charge of the lines to the Superintendent for the discipline, good conduct and training of the men stationed in the lines and at all standing and other guards at headquarters.

 

            He shall supervise and  control the work of the Lines establishment and be responsible for the correctness of the accounts. He shall also be in charge of all the clothing, equipment, arms, ammunition, tents, stores, horses and other animals in the custody of the police at headquarters, shall satisfy himself that the registers maintained therefore are correct, and shall superintendent all additions to and issues from the stock of Government property. As storekeeper the reserve Inspector is required every half year to take stock of all Government property in possession of the police throughout the district and to report deficiencies of the Superintendent.

 

            He is responsible that the authorized number of copies of Police Rules, and other official manuals, is kept in proper order and up-to-date; that all standing orders issued by competent authority for the regulation of headquarters’ duties are properly recorded, and that his subordinates are thoroughly acquainted with such portion of such rules, manuals and orders as relates to their respective duties. He is, further, responsible for reporting to the Superintendent of Police any deficiency or need or revision in respect of local standing orders.

 

            He shall also be in charge of the buildings and lands in the occupation of the police at headquarters and be responsible for their good order and general condition. He shall frequently visit the police or other hospital and ensure that all patients of the police department are receiving proper attention.

 

            He shall exercise a general supervision over the working of constabulary messes.

 

(ii) He shall be responsible for the training of recruits, for the instruction and exercise of whole force in drill, shall supervise musketry instruction and range practices prescribed in Chapter XIX unless relieved by a superior officer, and shall take care that the generals duties of the reserve, the furnishing of guards, escorts, patrols, etc., are efficiently performed, and that the registers and reports maintained therefore are correct, He shall at intervals to be prescribed by the Superintendent of Police visit by day  and night all guards at headquarters checking the patrolling duties of the officer incharge of the lines.

 

            He is responsible for keeping the Superintendent and gazetted officer in charge of the Lines fully and correctly informed of all matters connected with the headquarters force, its discipline, duties and equipment.

 

He may be employed in command of escorts and guards when his presence is desirable on account of danger of a disturbance, or the importance of the duty, or, where necessary, for ceremonial purposes, and he should be employed, if a European, where action  has to be taken against Europeans.

 

He shall submit a weekly not in Form 17.2(2) which shall be attached to the Superintendent’s weekly diary.

 

            17.3     Duties of Lines officer – (1) In districts for which a reserve Inspector is sanctioned the Lines Officer is the subordinate and assistant of the reserve Inspector. He is required to be fully acquainted with all the details connected with the internal economy, discipline and training of the force and management of the lines and shall constantly inspect barracks, guard rooms, the hospital, stables and other buildings at headquarters, and be responsible that they are clean, tidy and properly kept; that no police officer sleeps out of lines without proper sanction; that unauthorised strangers are removed from police limits; that punishments ordered are fully carried out; that all Government stores are correct and safely kept in proper order and that the headquarter lines school functions regularly according to orders.

            (2) He shall attend all formal parades in lines and be responsible that all roll-calls are properly held. He shall presonally inspect as many escorts and parties going on off duty as possible and, if unable to inspect any party, shall so arrange that it should not fail to be inspected by a responsible officer. Entries of such inspections with the name of the inspecting officer shall be made invariably in the daily diary. He shall visit all guards at headquarters at intervals to be prescribed by the Superintendent of Police – (See also rule 18.4).

 

            The keys of the armoury and the Lines each chest shall always be in the personal custody of the Lines officer.

 

            (3) In districts for which no reserve Inspector is sanctioned the Lines officer shall have, in addition to those detailed in this rule, all the responsibilities and duties of a reserve Inspector.

 

            17.4.    Duties of Kot head constables – Subject to the orders and responsibility of the Lines officer, the kot head constable shall be in  charge of all Government properly, and armoury, tents and other store rooms and the registers connected therwith, except as provided in  rule 17.6.

 

            17.5.    Duties of the clothing and equipment clerk - Subject to the orders and responsibility of the Lines officer, the Clerk Head Constables sanctioned for duties in Lines, connected with clothing and equipment, shall maintain all registers connected with clothing and equipment and shall be responsible for the order and good management of the clothing and equipment store rooms.

 

            17.6.    Duties of Lines Clerk – Under the orders and responsibility of the Lines officer, the Lines Clerk deals with ordinary correspondence and is required to maintain all the Lines registers except those dealing with property which are in the charge of the kot Head Constable and the clothing and equipment clerk. In these duties he will be assisted by such other clerks as are sanctioned by competent authority from time to time.

 

            17.7.    Lines registers – (1) The following registers shall be maintained in   Lines :-

 

(1)               List of officers attached to headquarters in Form 17.7(1) for all enrolled officers attached to headquarters.

 

The register will be divided into the following parts, separate pages, being

assigned each rank: -

 

            Part I – To include all officers attached to the office of the Superintendent and on

court duties and those attached to the headquarters of the district other than those included under Parts II to V. A note regarding officers proceeding on leave shall be made in the column of remarks and their names shall not be struck out.

 

            Part II – Officers under training from police stations.

            Part III – Officers temporarily withdrawn from rural duties on  occasions such as the mobilization of the 2nd or 3rd Reserve (rules 17.10, 17.11, etc.).

            Part IV – Menial servants attached to headquarters.

            Part V – Officers posted to the 1st Armed Reserve.

 

            Vernacular acquittance rolls ordered in rule 10.90 shall be prepared from this register.

 

            (2) Duty register in Form 17.7(2) for all duties performed by enrolled officers attached to headquarters.

 

            The register shall be kept in the following parts and sub-parts: -

                        Part I – Fixed duties – (a) Police office, including Court duties (description of the duty on which employed shall be given in the column of remarks).

 

            (b)       Treasury Guard.

            (c)        Magazine Guard.

            (d)       Personal Guards (separate pages shall be assigned for each).

(e)        Lines establishment (rule 17.1) (description of the duty on which

employed shall be given in column of remarks).

(f)        Orderlies at headquarters (designation of each officer with whom serving shall be quoted in column of remarks).

(g)       judicial Lock-up (if any) at headquarters.

(h)       Other fixed duties (separate pages being assigned for each class).

 

N.B. –   Police    officers    employed     on     duties     not    sanctioned    by    the

Inspector- General (i.e., in the printed Provincial Distribution Statement) ‘shall not be shown in this part, but they shall come under sub-part ‘(m) of Part II – Miscellaneous fluctuating duties”

 

            Part II – Fluctuating duties – (i) Training School in the Lines (i.e., men actually undergoing instruction).

            (j)         Recruits (description shall be given in column of remarks).

            (k)       Escorts of all descriptions (description shall be given in column of

remarks).

            (l)        Special duty (description shall be given in column of remarks).

            (m)      Other fluctuating miscellaneous duties, including men at Phillaur

(description shall be given in column in remarks).

 

            Part III – Absentee – (n) Sick in hospital.

(o)               (a) under suspension or in Quarter Guard.

(b) In transit to police stations, etc.

(p)              Casual leave (amount to be given in column of remarks).

(q)               Absent without leave.

(r)                Absent on privilege from headquarters or absent on long leave. If necessary, each part may be bound in a separate volume. Duties of a few hours’ duration (such as sentries over barracks and escorting prisoners to and from courts) need to be entered in this register, but only in the Lines diary register No. 18.

(3) Duty roster to be maintained in Form 17.7(3) of all enrolled officers off duty

in the Lines.

 

            The register shall be divided into two parts, separate pages being assigned when necessary for (a) Mounted men, (b) Head Constables, and (c) Constables: -

 

Part I – All lower subordinates included in Register I, but not included in Register II, I.e., off duty.

Part II – Arrivals from out-station or district (staying over the night).

            Columns 5 and 6 will be filled in whenever a man leaves headquarters, his transfer being recorded in  appropriate part of Register 14.16(1) and references given in columns 7 and 8, or is transferred to one of the duties included in Register II, reference again being given in columns 7 and 8 to the new entries to this register, but shall not be filled in when a man is merely detailed on some temporary duty involving an absence from the Lines of less than 12 hours (such as escorting under-trial prisoners to and from jail, etc.) or on some Lines duty of a few hours’ duration. In such cases an entry need only be made in the Lines Diary.

 

            For the purposes of Roll-Call provided by Rule 17.8 a list shall be made out as often as may be necessary on a blank sheet of paper of all lower subordinates included in Registers II and III who have not been specially excused from attending Roll-Calls. Names and numbers need only be entered and separate columns may be allowed for head constables, sowars, office staff, recruits, men under training from outstations, etc.

 

            Officers shall, as far possible, be detailed for duty in the order in which their names stand on this register, due regard being paid to the nature of the duty. On the return of an officer from duty his name shall be entered at the bottom.

 

            (4) Vernacular Stock Account of clothing and equipment in Form 4.35.

            (5) Equipment Stock Register in Form 5.12.(1).

            (6) Arms Distribution Register in Form 6.8.

            (7) Register of rifles issued in Form 6.9(1).

            (8) Magazine Register in Form 6.16(4).

            (9) Stock Book of component parts in Form 6.20(2).

            (10) District Register of miscellaneous stores in Form 5.16(1).

(11)  Distribution Register of miscellaneous stores in Form 5.17.

(12) Lines Miscellaneous Stores Register in Form 5.16(1).

 

This register should show all miscellaneous Government property, including

livestock, for which no special register has been prescribed.

            (13) Range Practices Registers to be maintained in the form and parts prescribed in Chapter XIX.

            (14) Temporary Issue and Receipt Register in Form 5.19 showing miscellaneous property issued or received temporarily.

            (15) Cash Book in Forms 10.52 (a) and (b) in  accordance with rules 10.52 and 10.108.

            It shall be kept separately in two parts as follows: -

(a)               Other monies such as undisbursed pay travelling allowance, etc.

(b)               Permanent advance.

 

The   Lines   clerk   shall  personally   maintain  the  cash-book, and his duties and

responsibilities in this connection, and as accountant, shall not be delegated to any other officers.

 

            The Lines officer is responsible for the correct maintenance of the Lines Cash Book, and shall cause to be entered therein particulars of all sums recovered in connection with equipment, clothing, ordnance stores, etc., before they are remitted to the accounts officer. The latter shall on receipt of such monies issue a receipt in Form 10.14(1).

 

            (16) Road Certificate Register in Form 10.17.

            (17) Receipt Book Register in Form 10.14(1).

            (18) Lines  Diary, in duplicate, in Form 22.48(1).

 

            It shall contain a brief record of duties performed by officers present in the Lines, receipt and despatch of property or cash, such particualrs ordered in rules 22.48 and 22.49 as are applicable to the Lines and such other matters specially ordered by the Superintendent.

           

            (19) Files of Standing orders.

 

            To be revised by Superintendent yearly.

 

            (20) Minute Book for gazetted officers.

 

            All matters regarding stores,  registers, buildings, training, etc., requiring the attention of the reserve inspector or Lines officer, and the result of any inspections or checking done by gazetted officers, shall be entered herein. This register shall be a permanent record and shall not be removed from Lines.

 

            (21) Correspondence Register in Form 22.55.

(2) The Lines Register shall be destroyed after the periods noted against each: -

                                                                        Years

(1) Rules 17.7(3) and (18)                 ..             2      

(2) Rules 17.7(2), (13)  and (16)       ..             3      

(3) Rules 17.7(4) to (9)                      ..             5

(4) Rules 17.7(5) and (17)                 ..          6        

(5) Rules 17.7(1), (11), (12) and (14)            ..          7

 

17.8.    Night roll-calls – Roll-call shall be held every night at the time fixed by the Superintendent. Roll-calls shall be attended by all officers quartered in the Lines and such other officers as the Superintendent may by special order direct. After roll-call, orders for the next day, and any new orders of a general nature issued by the Superintendent of Police, shall be read out.

 

17.9.    First armed reserve – (1) The first armed reserve for each district shall always be maintained at full strength. The armed service is shown separately in the distribution statement form 2.1, and shall remain permanently mobilized at headquarters, ready to proceed immediately anywhere within or outside the district. This reserve is the provincial police reserve which is distributed to districts in normal times, but it is absolutely at the disposal of the range Deputy Inspector-General and the Inspector-General as described in sub-rule (5) below.

 

            (2) The first armed reserve shall be selected by the Superintendent of Police personally. Not less than  a third of the men of reserve shall be experienced Constables of at least five years’ experience; the remainder shall ordinarily by men who have just passed their recruits’ course. Men shall remain posted to the reserve for six months, shall not be employed on ordinary duties and shall continue their education in the headquarters Lines School. Suitable smart Head Constables shall be posted to the reserve for six months and a suitable Sub-Inspector shall be posted in charge for at least one year. Under the supervision of the Lines officer the reserve Sub-Inspector shall be responsible for the training and discipline.

 

            (3) On the completion of six months in the reserve, Constables shall be transferred to other duties. Men who have recently passed through the first reserve should, however, ordinarily be conllected to form the second reserve when orders for its mobilization are received, or when the first reserve leaves the district. Such men can readily be traced by reference to Lines Register No.1, but for facility of reference in emergencies a separate list showing their whereabouts may be kept in the Lines of fice.

           

            (4)  All officers and men of the first armed reserve shall be trained in the use of H.V. rifles and shall undergo musketry training and range parctice with these weapons as laid down in the Police Drill Manual and the Police Training School Manual. They shall be maintained in a high state of efficiency and physical fitness, and shall be trained in bayonet and lathi fighting and in riot tactics and tactical schemes of a simple nature, and shall frequently be exercised in marching and turning out quikly on alarm.

 

            (5)  The Deputy Inspector General is empowered, for good and sufficient reasons, to dispatch, for temporary purposes, the whole or any part of the armed reserve of a district to another district or place within his range and in so doing shall report the circumstances to the Inspector General. In an emergency when it is not possible to communicate immediately with the Deputy Inspector General, a Superintendent of Police may apply for assistance direct to the Superintendent of Police of a neighboring district. The Superintendent of Police so addressed or, in his absence, the Senior reserve in anticipation of the orders of the Deputy Inspector General, informing the Deputy Inspector General, however, immediately of his action.

            The Inspector General may despatch the whole or any part of the armed reserve of a district to any other district or place in the province.

 

            17.10.  Mobilization of the second reserve.—The second reserve shall be mobilized only under the orders of the Inspector General. When mobilized its strength shall be the same as that of the armed reserve. The              same as that of the armed reserve. The men shall be mobilized by drafts from cities, cantonments, and personal guards, by calling men from leave, calling in orderlies and substituting recruits for men on standing guard duties. (See also rule 17.9(3)).

 

            17.11.  Mobilization of third reserve. – The third reserve shall be mobilized only under the orders of the Local Government.

            It shall be mobilized by the withdrawal of one third of the sanctioned strength of lower subordinates from police stations or in such manner as the Inspector General may otherwise direct.

            (2)  When considered necessary, and this procedure is sanctioned by Government, chaukidars shall be appointed as special constables to fill the place of the regular police thus transferred from police stains. Chaukidars so employed at police stations may be granted the extra remuneration (if any) specially sanctioned by Government.

 

            17.12.  Equipment on mobilization.—The In all orders for mobilization, detailed instructions shall be issued as to the number of tents required, the description of arms and ammunition to be carried, whether horses are to be taken, and all other necessary details regarding equipment and clothing.

 

            17.13.  Practice parades.—For purposes of training, Superintendents shall hold, not less than once in three months, practice parades on alarms for fire, outbreaks in jails, etc., and shall take such steps as circumstances may require to render such parades instructive to the police.

 

            17.14.  Outbreaks in jails. – Detailed orders regarding the actin to be taken on the occasion of an outbreak in the jail have been prepared and are required to be maintained and periodically revised in all districts, and Superintendents will be held responsible that these orders are known to the officers chiefly concerned. These orders after being approved and countersigned by the District Magistrate and the Deputy inspector General shall be printed.

 

            17.15.  Plans for police dispositions.—Superintendents of Police are required to maintain among their confidential records copies of approved plans for police dispositions in the in the event of various kinds of serious disorder, general or local. It is essential that these plans should be kept thoroughly up-to-date and that all gazetted officers and Inspectors at headquarters should be fully conversant with them. In addition, all other officers at headquarters must be fully instructed in the action to be taken by them immediately on the occurrence of an emergency in anticipation of orders form a gazetted officer or Inspector. Deputy Inspectors-General are required to satisfy themselves at their inspections, both formal and casual, that this rule is strictly observed.

 

            17.16.  The ordinary reserve.—For each district a reserve, known as the ordinary reserve, equal to 16.5 per cent of the total number of constables sanctioned for fixed duties, is provided under the orders of Government to replace casualties, i.e. men on leave other than casual leave, sick, under training as recruits and vacancies. This reserve shall be utilized to its fullest extent.

            IIIustration.—If the number of constables sanctioned for fixed duties is 500, the reserve will be 83 men. If there are 10 vacancies, 15 recruits and 5 sick in hospital, the number of men available for leave is 53. The fewer vacancies, recruits and sick, the larger the number of men available for leave.

            The ordinary reserve shall be shown separately in the distribution statement From 2.1.

            All available men of this reserve shall be located in lines.

 

(For Haryana)

  

            17.17.  Constabulary messes.—(1) The Superintendent of Police or the Commandant HAP Battalian shall make every effort to establish and maintain messes in Lines and in large police stations. These shall be on a co-operative basis but the expenses on account of water, electricity used for lighting and fans, refrigerators, etc., and not for cooking purposes and the salaries of the cooks and any other establishment kept to maintain the messes shall be paid by Government out of the State finds. The number of cooks and other establishment shall be determined with the approval of Government keeping in view the number of Police Establishment for whom the messes shall be established.

            (2)  As far as possible such messes shall be manged by the policemen themselves Detailed rules. Schedules of meals and price lists shall be prepared and hung up in all  messes. These rules shall provide for the appointment of managing staff from among the members. Gazetted Officers shall take a close personal interest in messes both of encourage their development, to prevent irregularities and keep down prices and shall insist on the maintenance of the highest standard of cleanliness in mess building and utensils.

            (3)  The building premises to ran the messes and cooking utensils shall also be provided by Government but the replacement of the utensils shall be made at the expenses of the beneficiaries.”

(4) The following accounts forms shall be maintained in Lines messes:-

(a)   Order book in foil and counterfoil, in Form 17.17 (3) A. by the Manager who shall order and issue all stores.

(b)   Daily attendance register of Police Mess at                      Orderlies.

(c)    Cash Book of Mess Accounts in Form 17.17.(3) C. by the Accountant.

(d)  Stock account of articles purchased for Messes in Form 17.17. (3) D. by the Accountant.

(e)   Monthly balance sheet showing cost per meal in Form 17.17. (3) E. by the Accountant.

         The departmental receipt and voucher form shall be used in connection with these accounts.

 

(For Punjab)

 

17.17.       Constabulary messes. (1) Superintendents of Police shall make every effort to

establish and maintain messes in Lines and in large police station, particularly in cities and cantonments.  These shall be  on a co-operative basis. The object of such messes shall be the provision of meals for lower subordinates at a rate cheaper than that obtaining outsides the Lines, etc.

(2)   As far as possible such messes shall be managed by the men themselves.

Detailed rules, schedules of meals and prices lists shall be prepared and hung up in all messes. The ruels shall provide for the appointment of managing staff take a close personal interest in messes both to encourage their development, to prevent irregualaities and keep down prices and shall insist on the maintenance of the highest standard of cleanliness in mess buildings and utensils.

(3)   The  following accounts forms shall be maintained in Lines messes:-

(a)   Order book in foil and counterfoil, in Form 17.17 (3) A. by the Manager who shall order and issue all stores.

(b)   Daily attendance register of Police Mess at _______in Form 17.17 (3) B. by the Mess Orderlies.

(c)    Cash Book of Mess Accounts in Form 17.17 (3) C. by the Accountant.

(d)  Stock account of articles purchased for Messes in Form 17.17. (3) D. by the Accountant.

(e)   Monthly balance sheet showing cost per meal in Form 17.17. (3) E. by the Accountant.

The departmental receipt and voucher form shall be used in connection with these accounts.

 

17.18.       Vegetable gardens.—Vacant lands attached in Lines may be utilized for the growing of vegetables for constabulary messes. T he vebgetables shall be sold to messes at a reasonable rate and the proceeds credited to the Lands Fund.

17.19.       Bed-head tickets—(1) the Superintendent shall supply for the use of the medical officer in charge of police hospital bed-head tickets in Form 17.19 (1).

(2)Every police officer discharge from hospital shall report himself for duty and make over his bed head-ticket to the Lines officer or, in the case of a police officer treated at a hospital, other than the police hospital, to the officer in charge of the police station concerned. Such officer shall send it to the office of the Superintendent for entry in the hospital sheet.

The bed-head ticket will then be filed in the hospital.

17.20.       Cases of infectious and contagious diseases.—Cases of infectious and contagious diseases will not be accommodate in Government tents, but in serviceable grass or reed huts erected at a distance form other buildings.

17.21.       Supply of bedding.—Bedding, hospital clothing, mosquito nets, utensils and comforts required for use in police hospitals are supplied by the medical department. If it shall appear to the Superintendent that the supply of such articles in insufficient or unserviceable he shall note the fact in the hospital minute book and bring it to the notice of the Civil Surgeon.

17.22.       Payment for special diet.—When a Head Constable, or Constable in the interests of his health, is ordered special diet by the Civil Surgeon or other medical officer in charge of the hospital, in Form 17.22, which he cannot reasonably be expected to provide at his own expense, the Line officer shall supply the necessary diet and pay for it out of his permanent advance, keeping a daily account of the expenditure incurred.

               The Lines officer shall submit the account, together with all receipts, through the reserve inspector in districts where such an officer is appointed, to the Superintendent periodically,

 

               Superintendent are authorized to pay such account form the contingent grand under sub-head “Miscellaneous” ( Punjab Government letter No. 46 (Home), dated 1st February, 1915).

 

                  An English and vernacular copy of this order shall be hung up in every police hospital.

 

FORM NO. 17.2 (2)

 

RESERVE INSPECTOR’S NOTE FOR WEEK ENDING _____19  ____DISTRICT

 

1

2

3

4

5

6

7

8

9

Serial No

Details

Inspector

Sergeants

Sub-Inspectors

Assistant Sub-Inspectors

Head Constables Mtd. And Ft.

Constables, Mounted and Foot

REMARKS

1

2

3

4

5

Vacancies ..

Recruits..

On long leave..

On Privilage leave ..

Sick in hospital ..

Total(Serial)Nos.1to 5)

 

 

 

 

 

 

 

6

 

 

 

 

7

8

 

 

9

10

11

On duty in o there districts (give details in column 9 or on reverse)

Under training at P T School.

Other non-effective*

(Give details in column 8 or on reverse)

 Total non-effective..

Resignations pending

Sanctioned strength..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To include absent without leave, on casual leave, under suspensions, in quarter guard, etc.

Dated the ______                                          S.P.’s initials.                         Reserve Inspector.

                                                                         (Reverse)

 

WEEKLY MUSKETRY RETURN

 

 

 

410

MUSKET

.22

RIFLE

303

 RIFLE

REV0LVER

Head Constables

Constables

Head Constables

Constables

Head Constables

Constables

Gazetted

Officers

Upper

subordinates

Practiced during the week under repot..

 

 

 

 

 

 

 

 

Practiced during the year up  to beginning of week under repot..

 

 

 

 

 

 

 

 

 

Total..

 

 

 

 

 

 

 

 

 

 

 

FORM NO. 17.7 (1)

LINES REGISTER No. 1

LIST OF POLICE OFFICERS ATTACHED TO THE HEADQUARTERS OF THE _______________ DISTRICT

Serial #.

Badge #

Name

Grade

Date of enlistment

Date of posting of head quarters

Education

From where transferred

Date of  transferred from Head quarters

To where transferred

Reasons of transfer

Remarks

1

2

3

4

5

6

7

8

9

10

11

12

 

 

 

 

 

 

 

 

 

 

 

 

(Bilingual)

FORM No. 17.7(2)

LINES REGISTER No. II.

DUTY REGISTER.

DUTIES PERFORMED BY OFFICERS ATTACHED TO THE HEAD QUARERS OF THE ________ DISTRICT

 

 

 

 

 

DATE OF

 

Serial No.

Constabulary No.

Name

Rank

Posting

Return to Lines (Register No. III)

REMARKS

1

2

3

4

5

6

7

 

 

 

 

 

 

 

(Billingual).

FORM No. 17.7(3)

REGISTER No. III

DUTY ROSTER OF LOWER SUBORDINATES “OFF DUTY” AND ROLL CALL REGISTER

1

2

3

4

5

6

7

8

9

Constabulary No.

Name

Date of arrival

From what duty

Date of departure

To what duty

Register No.

Entry serial No.

REMARKS

 

 

 

 

 

 

 

 

 

 

FORM No. 17.17

Police Lines Mess Order Book No. 1.

Date ______________________

Name of Shopkeeper ________________________

Please supply the following articles:-

Name of article.  Weight or quantity.

 

Signature of Manager,

Attestation by Duty Officer.

Police Lines Mess Order Book No. 1.

Date ______________________

Name of Shopkeeper ________________________

Please supply the following articles:-

Name of article.  Weight or quantity.

 

Signature of Manager,

Attestation by Duty Officer.

Police Lines Mess Order Book No.1.

Date ________________________

 

FROM No. 17.17(3) – C                

                                                                                                            District ____________

FORM No. 17.17(3)-B

 

POLICE                                                                                 DEPARTMENT ____________________

         DAILY ATTENDANCE REGISTERS OF POLICE MESS AT ___________________________

                                                                                    DISTRICT ______________________

 

1

2

3

Serial No.

Constabulary No.

Name of member

 

4

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

DAILY ATTENDANCE FOR MONTH OF

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

16/17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

M/E

  M = Morning                                                                                                          E = Evening

 

5

6

7

8

9

10

AMOUNT RECOVERED

11

12

Total number of meals

Cost per meal

Total cost chargeable

Balance due for last month (column No. 11 of last month)

Total

Receipt No.

Amount No.

Balance Due

Remarks

 

CASH BOOK OF MESS ACCOUNT

                                                                                                            Month ___________

1

2

3

4

5

6

7

8

9

10

Serial No.

Date

Name of receipt and expenditure

Receipt

Expenditure

Balance

Number of receipts issued

Reference to item No. in the stock register

Reference to item No. in the Daily Attendance Register

REMARKS

 

 

 

Rs. A.P.

Rs. A.P.

Rs. A.P.

 

 

 

 

 

FORM No. 17.17(3) –D

                                                                                                            District _______________

 

Stock Account of Articles Purshased for Messes ________________________

_________________________of ______________for the month of _________

 

1

2

3

4

5

6

7

8

 

 

 

QUANTITY RECEIVED

 

 

 

 

Serial No.

Date

Order Book

Maundage

Rate

Cost price

Total quantity in stock (column (7+4)

Quantity issued

Balance

REMARKS

 

 

 

 

 

 

Mds. Srs. Chs.

Mds. Srs. Chs.

Mds. Srs. Chs.

 

 

FORM No. 17.17(3)—E

                                                                                                                                    District                                           

                                                                                                                                    Month                                            

MONTHLY BALANCE SHEET SHOWING COST PER MEAL

                                                                                                                                                                                                     

                                                                                                                                    Rs.   As.  Ps.

1.   Total expenditure during the month

         (Column Nos. 5 of Cash Book).

2.   Add value of the balance of store on the first day of this month.

3.   Total.

4.   Deduct—Cost of the balance of stores on the last day of this month.

5.   Balance.

6.   Deduct—Cash recovered during the month from—

(1)   Members, and

(2)   Private sales, if any

7.   Net expenditure during the month.

8.   Number of meals.

9.   Cost per meal.

 

                                                                                                                                                                                                 

 

FOOT-NOTE No.1.–The value against item No.2 above should be arrived at the rates at which the stores were purchased last and of which the balance of stores in hand make a part.

 

FOOT-NOTE No.2.—The value against item No.4 above should be arrived at the rates which the stores were last purchased during the month, and of which the stores in hand make a part.

 

FORM No.17.19(1)

 

POLICE DEPARTMENT                                                                                                                                                   DISTRICT        Police Hospital Bed-Head Ticket.

           Department No.                                                                                                                     Disease                                 

           Rank                                                                                                                            Date of admission              

           Name                                                                                                                           Date of discharge               

           Age                              Years                                                                                      Result                                      

          

Date

Daily particulars

Treatment

Diet

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of observation.

Days of Disease

Time

Temperature

Cent.

43

 

42

 

41

 

40

 

39

 

38

 

37

 

36

35

Fahr.

108

107

106

105

104

103

102

101

100

 

99

 

98

97

96

95

A.M.

P.M.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A.M.

P.M.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A.M.

P.M.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A.M.

P.M.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A.M.

P.M.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pulse

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Respi

Rations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM No.17.22

To                                                                                REQUISITION FOR SPECIAL DIET.

 

 

           THE LINES OFFICER,

                                        

          

      Please supply the following special diet for                          days or until further notice, for the undermentioned Police Officer

who is sick:-

 

      Name                                                                  

      Rank                          No.                                               

      of                                                                            District.

 

      Dated                                                                                                                                                             Signature of Civil Surgeon

      The                                   19                                                                                                                                                or

                                                                                                                                                                        Senior Medical Officer in charge.

                                                                                                                                                                                                 

      NOTE.—Special diet means diet especially prescribed by the medical officer in the interests of a patient’s health which a Head Constable or Constable cannot be reasonably expected to provide at his own expense.

GUARDS AND ESCORTS

APPENDIX No. 18-49(4).

Escorts over prisoners or treasure sent by railway out of, or into the Punjab, shall be relieved at the following stations:-

(b)                Escorts proceeding out of the Punjab.

Through Ambala

Shall be relieved at Saharanpur, unless the escort in proceeding through or to Delhi, in which case it shall be relieved at that station.

“

Delhi by E. I. Railway.

Shall be relieved at Aligarh.

“

Delhi by Great Indian Peninsula Railway.

Shall be relieved at Agra. All escorts proceeding to Bombay shall ordinarily travel by the Great Indian Peninsula Railway.

“

Delhi by Rajputana-Malwa Railway.

Shall be relieved at Ajmere (letter No. 1498, dated 10th December 1887, from the Superintendent of police, Ajmere) by guards of the Marwara Battalion, the Magistrate of the district being communicated with when reliefs are required. In the case of European prisoners or women, escorts are supplied by the police and the Superintendent should be communicated with when such reliefs are required. 

“

Multan towards Karachi.

Shall be relieved at Sukkur.

For Peshawar by North-Western Railway.

Shall relieved at Peshawar Cantonment.

From the Punjab via Khundian and Rawalpindi to Kohat.

Shall be relieved at Kohat.

From or through delhi to karachi

Shall be relieved at Ferozepore.

(b)        Escorts proceeding out of the Punjab.

Through Delhi

…

Shall be relieved at Delhi.

“

Ambala Cantonment.

Shall be relieved at Ambala Cantonment.

“

Multan

…

…

Shall be relieved at Multan.

From Abbottabad by North-Western Railway.

Shall be relieved at Rawalpindi.

“

Peshawar by North-Western Railway.

Shall be relieved at Rawalpindi.

“

Kohat by North-Western Railway.

Shall be relieved at Rawalpindi.

“

Dera. Ismial Khan by North-Western Railway.

Shall be relieved at Multan.

“

Dear Ismial Khan by Mari-Attock line.

Shall be relived at Mianwali, the escort being again relieved at Rawalpindi.

“

Dera Ismail Khan by the Sindh-Sagar Line for Shapur, Jhelum, Gujrat and Gujranwala.

Shall be relieved at Kundian.

“

Dera Ismail Khan to Dera Ghazi Khan.

Shall be relieved at Ghazi Ghat

“

Dera Ismial Khan to Multan or Montgomery.

Shall be relieved at Multan.

Via Muzaffargarh by the Sindh-Sagar Branch of the North-Western Railway.

Shall be relieved at Multan.

From ajmere and Ahmadabad to Lahore.

Shall be relieved at Hissar.

From Karachi to Delhi

…

Shall be relieved at Bhatinda.

From Bombay to Peshawar via Godhra-Rutlam Nagada.

Shall be relieved at Delhi, Ferozepore and Rawalpindi.

From Bombay to Peshawar via Ahmadabad and Marwar.

From Bombay to Peshawar via Bhushal (G. I. P. Railway).

GUARDS AND ESCORTS

FORM No. 18-20.

Police Department.                                                                                __________ District.

COMMAND CERTIFICATE OF AN ESCORT PROCEDDING IN CHARGE

OF ……………. TO …………….

 

1

2

3

4

5

Strength of Escort

 

Name of  officer in command

Nature of duty

Mode of transit and where to be relieved

Note of special orders.

Nos.

Gazetted Officers

…

 

 

 

 

 

Inspectors

…

…

Sergeants

…

…

Sub-Inspectors

…

…

Assistant Sib-Inspectors

…

Head Const-ables.

Mounted

…

Foot

…

Const-             ables

Mounted

…

Foot

…

 

…

 

 

 

 

 

(Standard Form).

Report of arrival and of relief to be noted on reverse.

DISTRICT POLICE OFFICER:

Superintendent of Police.

The …………………19    .

GUARDS AND ESCORTS

FORM No. 18-47.

POLICE                          19      .                                                                         DEPT.

FROM

Superintendent of Police,

To

Superintendent of Police,

Dated----------------------------

No.

Received -----------------------

 

Informs him that an escort of the following strength-

 

 

Number

Inspectors

 

Sergeants

 

Sub-Inspectors

 

Assistant Sub- Inspectors

Mounted

Head Constables

Foot Mounted

Constabels

Foot

 

 

Total

 

Will have this district in charge of ---------------------------------------------------------------------------------------------------------- to proceed to ----------------------------------and travel by ----------------------------------------------------.

      Requests that a relief of equal strength may be held in readiness to relieve the police of this district on the --------------------------.

 

Superintendent of Police

(Standard Form)

 

CHAPTER XX – Inspection and Supervision.

 

20-1.    Cold weather inspection by Deputy Inspectors-General – Deputy Inspectors-General shall annually furnish one complete inspection report, taking Form 20-1 as their guide, for each district in their jurisdiction during the period 15th October to e15th April..

 

20-2.    Hot weather inspection by Deputy Inspectors-General – Deputy Inspectors-General are also required to make an informal inspection of each district in their jurisdiction between dates 15th April and 15th October.

 

20-3.    Stay of Deputy Inspectors-General at hill stations – (1) In the hot weather, i.e., the period between the 15th April and the 15th October, Deputy Inspectors-General are permitted to spend 31/2 months at a hill station within their ranges, on the understanding that the remaining 21/2 months must be spent at their headquarters or on tour in the plains. The period prescribed should not be extended on any account, and if between the 15th April and the 15th October officers are in the hill away from their headquarters in broken periods, such absences (being other than absences on leave duly sanctioned by Government under the Fundamental Rules) should be added together in computing the whole period during which a stay in the hills is permissible.

 

(2) A Deputy Inspector-General may choose his own date of arrival at, and departure from, the hill station; but if he leaves for the hills earlier than the 15th May, or stays in the hills later than the 15th October, he should report the reasons for this arrangement to the Inspector-General for the information of Government. He should keep the Inspector-General and the Commissioner informed of his movements.

 

20-4.    Routine at headquarters – (1) In districts where a gazetted officer is posted incharge of Lines he shall ordinarily attend all morning parades and shall visit the parade ground frequently at hours when recruits parades should take place according to programme. In districts where there are only two gazetted officers the one at headquarters shall ordinarily attend morning parade in Lines at least twice every week.

 

(2) Kit inspections by a gazetted officer shall be held once a month in Lines and at all police stations, standing guards, and posts at headquarters.

 

On these occasions a careful inspection shall be made of all arms in the possession of the police.

 

(3) Officers are expected to pay frequent visits to the police lines with a view to supervision (a) the work going on in the headquarters lines school, (b) the training of recruits, (c) the welfare of sick men in hospital, (d) the training of the 1st Reserve and other men in musketry, etc., (e) the organization of games and sports, and (f) also for holding orderly room and checking work of the lines staff and Government stores. They are also responsible that the lines present a generally smart and well-ordered appearance.

 

(4) In the districts of Lahore, Amritsar, Rawalpindi, Mulatan andAmbala a Lines Daily Report Register shall be maintained by the reserve inspector in Form 20-4(4). This register will be submitted to the Superintendent of Police or gazetted officer incharge of lines for his perusal, signature and any orders he may wish to pass regarding the routine or discipline of the lines.

 

The report will show, as far as possible, the duties performed by officers and men in police lines the day before and the number of officers and men present in lines. It should act as a check on the wastage of man-power.

 

20-5.    Inspection of police stations. – (1) Every police station and post in a district shall be thoroughly inspected by a gazetted officer twice in each year. At least one such inspection shall be carried out by the Superintendent.

 

At such inspections of police stations a return for each quarter’s working since the last inspection shall be made out and submitted with an inspection report in Form 20-5 (1) to the Deputy Inspector – General, attached to the weekly diary of the Superintendent.

 

In discussing crime, offences against the person and against property shall be commented on separately, and theft of, and illicit traffic in, cattle and other animals, shall be dealt with separately from offences against other classes of property. Attention shall be paid to the technical efficiency of the investigating staff and co-operation with neighbouring police stations and the district central investigating agency. In commenting on the working of police officers in such inspection reports care shall be exercised to avoid basing an opinion merely upon statistical results, percentages of convictions and similar data which are apt to be misleading.

 

Reports of inspecting officers should be written with a view to conveying instruction and guidance for the future to the officer, whose work has been inspected. Such reports should invariably be shown to the officers inspected, either at once or on their return from higher authority, and should be translated into the vernacular if the officers inspected is unable to understand English. It is especially important that inspection reports on police stations and notes in the gazetted officers Minute Book should be helpful and constructive and that these reports and notes should be carefully studied and acted upon by the officer in charge of the police station.

 

Two results of an inspection should be: - (1) that the inspecting officer should have come to a definite conclusion as to the state of crime (satisfactory or unsatisfactory) and the chief causes of such crime; (2) that the officer in charge of the police station should have received active assistance, facilities and suggestions from the inspecting officer towards the improvement of the state of crime.

 

(2) Informal inspections of police stations and posts shall be made as frequently as the Superintendent may consider necessary and desirable, having regard to the circumstances of each particular police station and post. At such inspections, officers shall not spend more time than is necessary in examining registers, but shall try to make themselves acquainted with the personnel of the police station or post as the case may be and shall enquire into and discuss matters concerning current crime, cases and procedure with the officer in charge.

 

They shall assist such officer which advice, direction, encouragement or warning as may be required, and shall listen to and deal with any requests he or his subordinates may have to make.

 

(3) Except for purposes of investigation, or other special reason, a police station or post shall not ordinarily be visited by a gazetted officer more than once in the same month.

 

(4) At the end of every quarter each Superintendent shall submit, through the District Magistrate, to the Deputy Inspector – General, an inspection return in Form 20-5 (4) showing the inspection duty performed during the quarter by the gazetted officers in the district.

 

20-6.    Check list of inspections – A check list of inspections in Form 20-6 shall be compiled and maintained in the office of the Deputy Inspector – General from such quarterly returns.

 

20-7.    Cold weather touring – (1) In a district where there are two or more gazetted officers one such officer shall ordinarily be away from headquarters on tour between 15th October and 15th April. In a district where there is only one gazetted officer he shall ordinarily spend 100 days on tour between these dates.

 

Great value is attached by Government to the touring of gazetted officers and, in districts where conditions allow, Superintendents of Police shall make out tour programmes for themselves and their gazetted officers. These programmes shall cater for tours of about six seeks duration and shall provide for halts of two or three days at places not necessarily the headquarters of police stations. They shall be so arranged that as many villages as possible in the district will be visited by a gazetted officer during the course of the year. Should it be necessary for a gazetted officer on tour to return to head quarters for any reason, this must be regarded as only a temporary break in the tour and the programme shall be resumed as soon as possible.

 

(2) The work of a gazetted police officer on tour in addition to the inspection of police stations shall include-

 

(a)        The acquiring of a knowledge of the people, their factions, criminals, villages and geography so as to be able to check the work of subordinates.

(b)        The encouragement of the local people to take advantage of his accessibility and give him information.

(c)        The enquiring in the presence of headmen into the character of persons under surveillance and of persons whose history sheets are maintained by the police.

(d)        The checking of investigations made by the police by occasionally visiting the scenes of old cases, interviewing complainants and witnesses and referring to case diaries.

(e)        The enquiring into rumours or complaints of police malpractices or corruption.

(f)         The bringing up to date of confidential note books.

(g)        The checking of the Criminal Tribes Registers and the interviewing of members of criminal tribes.

(h)        The inspection of additional police posts and the checking of patrolling done from them. Also enquiring into the desirability of the establishment of such posts in disturbed and abnormally criminal areas.

(i)         The checking of “tikri pahra” where this is in force and its institution where desirable.

(j)         The inspection of premises licensed under the Arms Act.

20-8.    City and Cantonments Inspectors – duties of – (1) City and cantonment inspectors are not only supervising and inspecting officers, but have the same responsibilities as officers in charge of police stations and are bound by the orders laid down in rule 22-1.

            (2) In addition to the duties, etc., defined in the rule quoted, they shall inspect once in every quarter, or as frequently as prescribed by law or special order of the Superintendent, the shops, premises and stocks of all license-holders carrying on business within their jurisdictions under the Arms, Explosives, Petroleum and Poisons Acts and shall report such inspections to the Superintendent.

 

            20-9. City and Cantonment Inspections – Records to be maintained by – The shall maintain and keep in their personal custody the following books in English:-

 

(a)        Daily Diary, in which shall be entered their movements and proceedings. The entries of each day shall bear a serial number.

 

(b)        Permanent Note Book in which shall be entered matters which are of use to themselves or their successors, particulars regarding noted bad characters, any special class of crime prevalent, special preventive measures adopted and political and seditious movements. A separate page or pages shall be given to each subject, and an index to the contents shall be given on the first page.

The permanent note book shall contain matters of more than passing interest and form a more or less permanent record of informationas well as a history of local conditions.

 

20-10.  District Inspectors – (1) District inspectors are allotted to district in order, firstly, to assist the Superintendent in the control of preventive and detective operations, secondly to learn, and be tested in the duties and responsibilities of supervising officer, in view of the fact that the rank of inspector forms the chief field of recruitment to the gazetted ranks.

 

(2) District inspectors shall be employed to supervise, under the direct control of the Superintendent, the work of the police in particular areas or, if local conditions at any time make it desirable, in connection with specially prevalent classes of crime. Normally a district inspector should be placed in charge of a selected group of police stations, and his responsibility for exercising control in this area should be the same as that of a Deputy Superintendents attached to a district.

 

(3) While the control of crime is the first duty of a district inspector, it is essential that his professional efficiency should be general and should approach the standards required of a gazetted officer. He must, therefore, attend parades whenever possible and render himself efficient in drill and musketry, and in imparting instruction on those subjects to his subordinates. He is also required to familiarise himself with the work of the different branches of the office of the Superintendent and to assist, when at headquarters, in supervising the work of the accountant and orderly head constable.

 

20-11.  Special duties of District Inspectors – (1) A district inspector will read and pass orders on all first information and final reports, case diaries, daily diaries and other papers connected with the control of the crime in the police stations in his charge. He shall forward to the Superintendent such of these papers as that officer may be general of special order require, and shall keep a running note book of offences as prescribed for gazetted officers in rule 21-8.

 

(2) The following matters shall receive the inspector’s special attention:-

 

(a)        The collection of material for proceedings against bad characters, and the preparation and check of history sheets.

 

(b)        The comprehensive survey and classification of crime throughout the area in his charge, and the comparison of such crime with crime in adjacent areas including the jurisdiction of the railway police, with a view to bringing to light the operations of gangs and mobile criminals.

 

(c)        The supervision of important investigations and were necessary, the taking over from the local sub-inspector of the investigation of special cases.

 

(d)        The direction of energetic action against absconders and proclaimed offenders.

 

(e)        The detailed scrutiny of all challans, including those in cases of preventive security, from the area in his charge, and close co-operation with the prosecuting branch to ensure the best possible presentation of police cases.

 

(f)         The collection of material for applications for the location of additional police posts, and the organization and control of all such posts located in the area in his charge.

 

(g)        Reporting and enquiring into complaints of corruption, high-handedness and other malpractices by police officers subordinate to him, and conducting, according to the prescribed procedure, such departmental enquiries as may be entrusted to him by the Superintendent.

 

(h)        Inspection of licenses of licensee’s premises as required by law and as ordered by the Superintendent. Premises licensed under the Excise, Opium and Dangerous Drugs Acts should not be inspected by police officers, the Excise Staff being responsible for such inspections.

 

(i)         Reporting on the state of public feeling and on political and confidential matters.

 

(3) District inspectors shall frequently visit the police stations in their charge and tour in the jurisdictions of those police stations. They shall submit reports, as a result of these tours, on the generl condition of crime in the police stations, but shall not prepare statistical returns or formal inspection reports. Formal inspections of such police stations shall be made by the Superintendent, who may use the inspector to assist him by making a detailed check of the less important registers. It shall be the duty of inspectors to ensure that all orders given by the Superintendent in the course of his inspections are understood and promptly carried out.

 

20-12.  District Inspectors limitation of powers of – (1) The Superintendents of Polce shall not delegate as much power to a district inspector as to a gazetted officer but on the other hand shall exercise a much closer supervision over police stations in charge of an office of this rank, who shall ordinarily work directly under the Superintendent rather than under a junior gazetted officer.

 

(2) Correspondence concerning the internal administration of the police force and petitions on personal matters will not ordinarily pass through the district inspector, but the Superintendent may require that office to enquire and report on any such matters. As a general principle it should be understood that correspondence on the subjects dealt with in Volumes I and II of these rules will not be sent to the inspector either by the Superintendent or by sub-inspectors unless his comments on a specific reference are specially required. He will ordinarily deal direct with correspondence on subjects included in Volume III, forwarded to the Superintendent all cases which it is beyond his power to decide.

 

(3) The orders in the above sub-rule do not relieve the inspector of responsibility for insisting on the efficiency, discipline and smartness of the police subordinate to him in all branches of their work. While it is not desirable to detract in any way from the direct control of the Superintendent in matters of administration and discipline, full support must be given to the inspector in maintaining his authority with his subordinates.

 

20-13.  Records to be kept by District Inspectors – The district inspector shall submit a weekly disary to the Superintendent on plain paper of foolscap size; in it the inspector’s daily movements and activities, with brief reference to important work done in respect of the control of crime, together with notes on matters of a political of confidential nature other than those relating to crime, shall be entered. The diary shall be duplicated with carbon paper, the duplicate copy being retained by the inspector in an annual fule, to be destroyed one year after the last entry. Each district inspector shall also make entries, as circumstances may require, in the confidential note-books which shall be maintained at the headquarters of each district or sub-division separately for each police station. Such note books shall be permanent records, kept by the gazetted officer or inspector in supervisory chare of the police station concerned fo the time being, and containing matter of the kind which is required by Rule 21-8 to find a place in the confidential note-book maintained bythe Superintendent for the district as a whole.

 

20-14.  Inspection of licensed premises under the Arms Act – (1) Under Rule V of Rules made by the local Government under the Indian Arms Act, 1878, to shops, premises and stocks of all licensed manufacturers and dealers shall be inspected once in every quarter bya police officer not below the rank of Deputy Superintendent. At least one inspection in each year shall be performed by the Superintendent of Police.

 

In a district in which there is no Assistant or Deputy Superintendent of Police quartersly inspections may be carried out by an inspector.

 

The full rules under the Arms Act are printed as Appendix 20-14 of this chapter.

 

(2) Under these rules registers in Forms E, F, G, H and I are required to be kept up in the office of Superintendents of Police and information from these registers supplied to police stations for inclusion in register No.17 (rule 22-68).

 

20-15.  Proposals for the improvement of police organization – It is the duty Deputy Inspector-General to initiate proposals for the improvement of the police organization in their ranges and to co-ordinate such proposals so that, as funds become available, they may be distributed to the best advantage and in accordance with the relative urgency of requirements. Deputy Inspector-General should furnish the Inspector-General, in advance of the season for the preparation of budgets and supplementary demands, with proposals affecting establishments; buildings and land, clothing and equipment or the provision of technical aids to the police, and funds for rewards and similar expenditure in combating crime. The Inspector-General will decide whether to accept and recommend such proposals, but it is for Deputy Inspectors-General to put them forward. Each separate proposal should be submitted to the Inspector-General in a self-contained form, after all necessary details have been worked out and the opinions of those concerned obtained. To save unnecessary labour on cases which have little chance of obtaining early sanction, it is usually desirable that an outline of proposals, which are important but not of extreme urgency, should be put before the Inspector-General unofficially in the first instance. The Inspector-General can then, if he approves of the proposal on its merits, indicate whether, in view of the requirements of the province as a whole and of the financial position, it should be put forward officially or held in abeyance.

 

20-16.  Provincial Police Conference – Ordinarily a provincial conference of police officers will be held in alternate years during the cold weather. The Inspector-General will preside at such conference and such subjects will be discussed as he may decide.

 

Gazetted officers who may be particularly interested in particular subjects or branches of police work may volunteer or be invited to prepare papers which will form the bases of discussions at the conference. Such papers and the result of discussions will be published in the  Punjab Criminal Intelligence Gazette for the information of all police officers.

 

20-17.  Range Conference – Deputy Inspectors-General may arrange from time to time to hold conferences of gazetted officers within their ranges and may also arrange with other Deputy Inspectors-General for inter-range conferences. Such conferences, however, shall be held only in order to discuss definite matters of common concern, where a definite improvement in co-operation or methods of prevention and detection of crime can be anticipated as an outcome.

20-18.  Meeting of gazetted officers – Superintendents of adjoining districts shall meet to discuss measures of co-operation as often as may be necessary in the interest of efficient working.

 

The proceedings of such meetings shall be briefly recorded in a minute book to be maintained for the purpose in each district, and a copy shall be attached to the weekly diary of the Superintendents concerned. At the reverse end of the minute book a record of meetings between inspectors and officers in charge of police stations shall be maintained in Form 20-18.

 

20-19.  Meetings of non-gazetted officers – Superintendents shall also arrange for half-yearly meetings at headquarters of all officers in charge of police stations. At these meetings officers will be examined in riding and revolver shooting and all new rules and orders will be discussed and explained to them.

 

appendix no. 20-14

 

Notification No. 8408 Home / General dated the 5th March 1929 – The following revised rues which has been made by the Governor in Council under the Indian Arms Act, 1878 (Act XI of 1878) are hereby published for general information, in suppression of the rules published with Punjab Government notification No. 943, dated the 10th July 1907, No. 15486, dated 10th May 1922 and No. 28576, dated the 9th October 1923:-

 

Rules

Powers

I.          The Governor in Council is pleased to empower all Magistrates and all police officers not below the rank of officer in charge of a station to detain arms, ammunition or military stores under section 6.

 

II.         The Governor in Council is pleased to empower all police officer not below the rank of officer in charge of a station to conduct searches under section 25.

 

III.       All police officers of rank not below that of officer in charge of a station are appointed, in virtue of their office, to conduct searches under section 30.

 

Stock and account books to be kept by licensed manufacturers and dealers

 

IV.       All persons holding licenses to manufacture, convert, sell of keep for sale arms, ammunition or military stores shall maintain stock books and accounts of receipts and issues in Forms A and B of the Appendix to these rules and all persons holding licenses to sell or keep for sale arms, ammunition or military stores shall maintain stock and account books in Forms C and D.

 

The pages of these books shall be numbered and before any entries are made the books shall be exhibited, together with the manufacturer’s or dealer’s license, to the District Magistrate or to a subordinate Magistrate.

 

Such Magistrate will sign the first and last pages of each book and seal them with his official seal.

 

V.        The shops, premises and stocks of all licensed manufacturers and dealers shall be inspected once in every quarter by a Police officer not below the rank of Deputy Superintendent. In a district in which there is no Assistant or Deputy Superintendent of police quarterly inspections may be carried out by an Inspector. At least one inspection in each year shall be performed by the Superintendent of Police.

 

At the time of inspection the books shall be initialled by the inspecting officer.

 

Any irregularity or breach of the rules which may be noticed shall be at once reported to the District Magistrate.

 

VI. (1) Whenever a licensee makes a sale of arms, ammunition or military stores he shall within 48 hours make a report thereof to the Superintendent of Police of the district in which the licensee has his place of business, factory or shop and shall in such report state.-

 

(a)               the name, description and residence of the person who takes delivery of the article sold;

(b)               the nature and quantity of the articles sold;

(c)                the date of sale;

 

and such report shall be signed by the licensee.

 

            (2)        Similar details of purchases of arms made by Indian Chiefs and Notables of Indian States shall be communicated by the Arms Dealer immediately after the transaction direct to the political officer in charge of the State to which the purchaser belongs. Copies of the list of Independent and Native States showing the designation and address of the political officers in charge of them are supplied to the District Magistrates and each vendor of arms should be provided with a copy.

 

            VII.      Under proviso (a) to sub-rule (3) of rule 42 of the Indian Arms Rules, 1924, the Governor in Council is pleased to direct that licenses in Form XI and Form XII of schedule VII of the said rules, may be renewed by the Commissioner of the division in which the licensee resides or carries on business.

 

            VIII.    On receiving notice of sale under clause 2, section 5, by a person lawfully pssessing arms to any person not prohibited from possessing the same, the Magistrate or police officer may make inquiries as to the correctness of the purchaser’s name and address, and if necessary obtain a report from the Superintendent of Police of the district in which the purchaser lives.

 

Deposit of Arms

 

            IX.       When any arms, ammunition or military stores have been deposited at a police station under section 16 of the Act, the officer in charge of the station shall affix to each weapon or article a ticket showing the name of depositor and the date fo deposit, and shall give the depositor a duplicates or copy of the same.

 

            After seven days if the owner has not obtained a license authorizing him to possess them, the arms, ammunition or military stores shall be forwarded to the headquarters of the district and kept in the malkhana of the District Magistrate or in the Police Magazine.

 

            The sheriff or other ministerial officer to whom they are entrusted shall keep a register in which the articles so deposited shall be described and entered under serial numbers, and fresh tickets shall be affixed showing the owner’s name and the corresponding number of the register.

 

            X. (i)    Arms and ammunition, the possession of which has become unlawful, may be deposited with such licensed dealers only as possess a supplementary license from the local Government in Form M attached to these rule.

 

            (ii)       Such licenses may be granted by the District Magistrate of the district in which the applicant resides to the holder of a license in Form IX, X, XI or XII in schedule VII attached to the Indian Arms Rules, 1924.

 

 

            XI.       The depositor shall, within a week of deposit, deliver to the District Magistrate of the district in which he resides a receipt obtained from the licensed dealer for the articles deposited.

 

            XII.      (1)        Arms, ammunition or military stores deposited under section 16 (1) of the Indian Arms Act, 1878, with an officer in charge of a Police Station shall be forfeited to His Majesty on the termination of one year from the date of deposit.

 

            (2)        Arms, ammunition or military stores deposited under section 16(1) of the Indian Arms Act, 1878, with a licensed dealer shall be forfeited to His Majesty on the termination of tree years from the date of deposit:

 

            Provided that the District Magistrate of the district in which articles are deposited may for special reasons extend the periods mentioned in sub-rule (1) or sub-rule (2) by not more than six months, or, where the articles are deposited in consequence of the decease of the owner and the articles are inherited by a minor, until the termination of the latter’s minority.

 

Arms and Military Stores seized.

 

XIII.         Arms, ammunition or military stores seized under sections 11, 25 or 26 shall be dealt with according to the procedure laid down in rule IX.

 

Disposal of Confiscated Arms.

            XIV.    Arms, ammunition or military stores that have become forfeited to His Majesty under rule XII or that have been confiscated under section 24, shall be disposed of as follows:-

 

(1)         Arms, ammunition and stores which can be utilized by the police or by any department under Government may be retained and brought into use with the sanction of the local Government. Arms, ammunition and stores not so retained may be sold to licensed dealers or other persons entitled to possess them.

(2)         Any rifled firearms or rifle barrels not so disposed of shall be sent to the nearest ordnance office rto be broken up-other arms shall be broken up locally and the materials sold.

(3)         Any ammunition or stores not disposed of under the provisions of sub-rule (1) shall be destroyed.

 

REWARDS TO INFORMERS

 

            XV.     When any arms or other articles are confiscated under section 24, the convicting Magistrate shall, immediately upon conviction, pay an reward of not less than half the value of the confiscated viction, pay a reward of not less than half the value of the confiscated articles to the person or persons who may have given information which led to the detection of the offence, or who may have given information which led to the detection of the offence, or who may have assisted in the arrest of the offenders and seizure of the arms or other articles.

 

            Magistrates should arrange for such payments by recommendation to the Police Department, at whose disposal there is a provision for such rewards under head 26-B – Police.

 

            XVI.    Any Magistrate convicting an offender of any offence under the Act may at his discretion, grant a reward not exceeding the amount of fine imposed, in such proportions as be may think fit, to any person or persons who have contributed to the arrest of the offenders or the seizure of the arms or other articles. Arrangements for payment should be made as in rule XV.

 

REGISERS OR LICENSES

 

XVII.   Every District Magistrate shall keep up in Form E of the Appendix to these rules a register of all licenses to manufacture, convert sell or keep for sale any arms, ammunition or military stores granted by him or by the local Government under rule 28  of the Indian Arms Rules, 1924, and shall keep up in Form F a register of all licenses to sell or keep for sale granted by him or by the local Government under the same rule.

 

All Superintendent of Police shall keep up similar registers in English. Magistrates of districts will supply to their Superintendents of Police copies of all such licenses issued by them or by the Local Government.

 

XVIII.  All inspections of the shops, premises and stocks of licensed manufacturers and vendors by Inspectors of Police or superior officers shall be reported to the District Magistrate, and shall be entered in the registers.

 

XIX.    Registers of licenses granted by the District magistrate or by any Sub-Divisional Magistrate specially empowered by the local Government in that behalf, under rules 81, 88 and 85 and 86 of the Indian Arms Rules, 1942, shall be kept up by him in Form G, H and I, respectively.

 

Similar registers will be kept up in English, by the Superintendent of Police, to whom the District Magistrate or the sub-Divisional Magistrate specially empowered by local Government will furnish copies of all such licenses granted by him.

 

The Superintendent of Police will supply each officer in charge of a station with an extract giving the parts of each register which concern his jurisdiction.

 

XX.      Licensing authorities who receive reports of permanent changes in the address of license-holders, under condition 11 of the conditions attaching to a license in Form XVI of schedule VII of the Indian Arms Rules, 1924, shall cancel the relevant entry in the registers prescribed by rule XIX above, and inform the licensing authority of the district to which the license-holder changes his residence accordingly. The latter shall register the license in the manner shown below :-

 

“ Transferred from the                              district”

 

If subsequent changes of permanent address are intimated to the issuing authority, he shall transmit the report to the authority with whom he arranged the transfer of the license.

XXI.    All persons enjoying exemption under schedule 1 of the Indian Arms Rules, 1924, shall furnish to the District Magistrate of the district in which they reside, within three months from the date of order of exemption, a list showing the number and description of arms in their possession, and shall thereafter inform the District Magistrate in writhing of any increase or decrease in such number within one month from the date on which such increase or decrease takes place. Failure on the to the part of an exemptee to comply with this rule will render him liable of any communication made by an exemptee in accordance with the provisions of this rule.

Every District Magistrate shall maintain a register of such arms in the possession of exemptees.

XXII.   With reference to sub-rule (3) of rule 33 of the Indian Arms Rules, 1924, the Governor in Council is pleased to direct that holders of licenses in Form XVI, granted in other provinces, and having effect in the Punjab, shall, upon entering any district in the Punjab, send their licenses to be endorsed by the District Magistrate, and shall inform him of the probable period of their stay in his district; provided that when the period spent in any district does not exceed fourteen days, no endorsement shall be necessary. No fee shall be paid in respect of any endorsement made in accordance with this order.

XXIII.  Returns in Forms K and L shall be prepared for each calendar year and submitted by District Magistrate through Commissioners to the Inspector – General of Police.

HOME DEPARTMENT

FORM A-1.

 

STOCK BOOK FOR AMMUNITION AND MILITARY STORES ONLY OF _______________ SON OF _______________ CASTE ___________ RESIDENT OF _____________ LICENCED TO MANUFACTURE, CANVERT, SELL, OR KEEP FOR SALE, ARMS AMMUNITION AND MILITARY STORES

 

Date

Name and designation of purchaser

FIRE ARMS

AIR WEAPONS

OTHER WEAPONS

Prohibited bore weapons

Other Branch Loading weapons

Muzzle-Loading weapons

Revolvers

Pistols

Rifles

S. B. Guns

D. B. Guns

S. B. Rifles

D.B. Rifles

Revolvers

Pistols

S. B. Guns

D. B. Guns

S. B. Rifles

D. B. Rifles

Revolvers

Pistols

Any other type of fire arm

Air Guns

Air Rifles

Air Pistols

Swords

Sword stick

Bayonets

Daggers

Kukris

Hunting Knives

Any other weapons other arms

Initials of the licence holder or of his agent or Manager

Remarks

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

1-1-1932

 

 

 

 

 

 

 

2-1-1932

 

 

In stock

 

Received

 

Manufactured

 

Disposed of

 

In stock

 

Received

 

Manufactured

 

Disposed of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM A-2

STOCK BOOK FOR AMMUNITION AND MILITARY STORES ONLY OF _______________ SON OF _______________ CASTE ___________ RESIDENT OF _____________ LICENCED TO MANUFACTURE, CANVERT, SELL, OR KEEP FOR SALE, ARMS AMMUNITION AND MILITARY STORES

 

Date

______

Prohibited bore cartridges for

Shot gun cartridges of larger than No. 1 pellet

Loaded Cartridges for

Empty case for

Gun powder (R. s)

Shot (R. s)

Percussion caps

Bullets

Wade

Fuses

Slugs

Sulphur

Lead

Other types of ammunition or military stores.

Initials of the licence holder or of his Agent or Manager

Revolvers and pistols

Rifles

Shot Gun

Rifles

Revolvers and pistols

Shot Gun

Rifles

Revolvers and pistols

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

 

1-1-1932

 

 

 

 

 

 

 

2-1-1932

In stock

 

Received

 

Manufactured

 

Disposed of

 

In stock

 

Received

 

Manufactured

 

Disposed of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM B

STOCK BOOK FOR AMMUNITION AND MILITARY STORES ONLY OF _______________ SON OF _______________ CASTE ___________ RESIDENT OF _____________ LICENCED TO MANUFACTURE, CANVERT, SELL, OR KEEP FOR SALE, ARMS AMMUNITION AND MILITARY STORES

 

Date

____

Gun Powder

Gun caps

Revolver and Pistol Cartridges

Shot Gun Cartridges

Rifle Cartridges

Rifle and Lethal bullets

Lead Shot and Bullets

B.L. Guns

M. L. Guns

Revolvers

Pistols

Rifles

Air Rifles

Swords

 Bayonets

Spears

Daggers and other weapons

Remarks

Nitro.

Black

˙410 to .455 bore

Others

Loaded

Empty

˙303˙

M.H.

Others ˙450

Loaded

Empty

Bags of 28 lbs

Lbs

Oz

Lbs.

Ozs

Lbs.

Ozs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM C

Is the same as Form A, except that in heading for the words “licensed to manufacture”, etc., read “ licensed to sell, or keep for sale”, etc., and in column a omit the word ‘manufacture”.

------

FORM D

 

Is the same as Form B, except that in heading for the words “licensed to manufacture”, etc., read “ licensed to sell of keep for sale”, etc.

------

FORM E

register of licenses to manufacture, convert, sell or keep for sale arms, ammunition or military stores in district __________________

 

1

2

3

4

5

6

7

8

9

Tahsil

No.

Name of licensee.

Father’s name and caste and residence

Place of business

Date

Inspections by

By Magistrate of district or Superintendent of Police

Remarks

Assistant of Deputy Superintendent or Inspector of Police

1st

2nd

3rd

4th

 

 

 

 

 

 

 

 

 

 

 

 

------

FORM F

 

Is the same as Form E, except that in heading for “licenses to manufacture”, etc., read “ licenses to sell or keep for sale”, etc.

------

FORM G

 

REGISTER OF LICENSES TO POSSESS ARMS, AMMUNITION OR MILITARY STORES GRANTED UNDER RULE 31

District __________

 

8

9

10

The first seven columns as in Form H

Place where arms are to be kept

Term for which license is valid

Remarks

FORM H

 

register of licenses granted under rule 33 to possess arms of ammunition, and to go armed for the purposes of sport, protection or display in ________________ district

1

2

3

4

5

6

7

8

Tahsil

No.

Date

Name of license holder

Father’s Name, caste, etc.,

Residence

Number and description of weapons

Remarks

 

 

 

 

 

 

 

 

------

FORM I

 

register of licenses granted under rules 35 and 36 to possess arms and ammunition and to go armed fro the purpose of destroying wild animals which do injury to human beings, cattle or crops in ___________ district

1

2

3

4

5

6

7

8

9

10

11

Tahsil

Form and No.

Date

Name of license holder

Father’s name and caste

Residence

Place for which license is valid

Weapon

Date of expiry of license

Inspection by Magistrate of weapon and license

Remarks

1st year

2nd year

3rd year

4th year

5th year

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM K

 

return of licenses granted under act xi of 1878 in the district of _______ for the year __________

 

1

2

3

4

5

6

7

8

 

Detail of Licenses

Number of licenses in force last year

OPERATIONS OF THE YEAR

Number in force at end of present year

Remarks by Deputy Commissioner

Remarks by Commissioner

New licenses

Renwed licenses

Revoked or suspended

1.       

In form VII to transport arms, ammuniction or military stores

 

 

 

 

 

 

 

2.       

In form IX to manufacture, convert, sell or keep

 

 

 

 

 

 

 

3.       

In form X to keep and sell

 

 

 

 

 

 

 

4.       

In form XIV for the possession of arms

 

 

 

 

 

 

 

5.       

In form XV for the possession and use for target practice

 

 

 

 

 

 

 

6.       

In form XVI to possess arms or ammunition and to go armed for purposes of sport, protection of display

 

 

 

 

 

 

 

7.       

In form XVIII for the destruction of wild animals which do injury to human beings and cattle

 

 

 

 

 

 

 

8.       

In form XIX for the destruction of wild animals doing injury to crops and cattle

 

 

 

 

 

 

 

9.       

In form XX for going armed on a journey in or through any Province

 

 

 

 

 

 

 

 

 

FORM L

 

annual statement of the operation of the arms act, xi of 1878, in the district of _________ for the year __________

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Number of persons punished under

Number and description of Weapons confiscated

Value of fines imposed and realized

Amount paid as rewards to iformers, etc.

Remarks

Section 19, for offence under

Section 20 for secret breaches

Section 21 for breach of license

Section 22 for knowingly purchasing from an unlicensed person or delivering to person not authorised to possess

Section 28 for failure to give information as required in Section 28

Total punished (columns 1 to 13)

Rigles

Smooth bore guns

Pistols

Swords

Bayonets

Daggers or knives

Spears

Others

Clause a

Clause b

Clause c

Clause d

Clause e

Clause f

Clause g

Clause h

Clause i

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This return will be submitted yearly through Commissioners to the Inspector-General of police.

 

 

Deputy Commissioner

FORM M

 

[ See rule (X) ]

FREE OF ALL FEE

LICENSE FOR THE POSSESSION BY LICENSED DEALERS OF ARMS OR AMMUNITION DEPOSITED BY THEIR OWNERS UNDER SECTION 16 OF THE INDIAN ARMS ACT, 1878, AS AMMENDED BY ACT XX OF 1919.

 

Name, description and residence of licensee

Description of arms of ammunition

Place (with description), where articles are to be kept

Period for which the license is valid

1

2

3

4

 

 

 

 

( Singnature )

The _________________________of ______________19    .

District Magistrate of the District

 

conditions

1.                  This license is granted to all the provision of the Indian Arms Act, 1878, and of the Indian Arms Rules, 1924.

2.                  It covers arms of the description given in column 2 only so long as they are kept, in the place described in column e, but does not authorise the licensee –

(i)                 to go armed.

(ii)              To keep arms or ammunition which are the property of Government.

3.                  The licensee shall maintain a register of all arms or ammunition in his possession under this license showing the name, description and residence of the licensee, the description of the arms or ammunition, and the date of deposit.

4.                  To every depositor the licensee shall give a receipt in duplicate containing the particulars mentioned in condition 3, and shall himself send a copy of the entry in his register to the officer in charge of the nearest police station.

5.                  He shall exhibit such arms and his register on the demand of any magistrate or any police officer of a rank not below that of Inspector.

6.                  The licensee shall forthwith give information at the nearest police station of the loss or theft or any arms covered by the license.

7.                  On the termination of one year from the date of deposit, if the arms or ammunition have neither been returned nro disposed of under section 16(a) of the Indian Arms Act, 1878, the licensee shall inform the District Magistrate of that fact, and shall deal with the arms or ammunition according to his order.

form no. 20-1

 

Opening sheet for Deputy Inspector-General’s Inspection Report

 

Inspection report by __________________________________________________________ _________________________________________________________________________________ District _____________________ Date of inspection ________________________ 19     .

No. of Police Station______________________________

Sanctioned strength:-

Inspectors________________________                                          Mounted _____________

                                                Head Constables      …        …

Sergeants ________________________                                          Foot ________________

Sub-Inspectors ____________________                                         Mounted _____________

                                                            Constables     …        …

Assistant Sub-Inspectors ____________                                        Foot ________________

 

           

I.          Notes should follow, on half margin foolscap, on the following matters:-

                        (1) Accounts. (2) Condition and upkeep of clothing and equipment funds. (3) Chanda fund. (4) English office and registers. (5) Character rolls; standard and classes of recruits. (6) Departmental punishments; postings, transfers and leave.       (7) Seniority and promotion lists. (8) Training of probationary officers.        (9) Crime and police working, with a statement showing fluctuations in the total and main classes of crime in the past ten years. (10) Proclaimed offenders and absconders. (11) Surveillance and preventive measures.         (12) Additional police and their management. (13) Prosecuting Inspector’s Office and Inspectors; control exercised by and touring done by those officers. (15) Opinion of the District Magistrate on the working of the police.           (16) Confidential office of the Superintendent – (a) condition of records,      (b) possession of cipher code and observation or rules, (c) whether riot, alarm and internal security schemes are correct and up to date. (17) Miscellaneous remarks.

            II.         Separate reports on (a) Headquarter Lines, including school and headquarter guards, (b) Police Hospital, (c) each Police Station inspected by the Deputy Inspector General, should be attached to the main report.

 

form no. 4(4)

Lines daily report register

 

Number present in lines

Number of parades

 

 

Sick and on leave

1st

2nd

3rd

4th

I – Recruits    …        …

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Number on escort duty

Number on special duty with nature of duties

 

II – Constables on general duty    …        …

 

 

 

 

 

 

 

 

III – Head Constables on general duty …

 

 

 

 

 

 

 

 

IV – Upper subordinates on general duty …

Name of officer

Nature of duties on which employed

 

 

 

 

 

 

 

 

 

 

 

 

 

V – Patrolling performed with time and guards visited

Reserve Inspector

Lines officer

Other officers

VI – Headquarters Lines School

Number of recruits present

Number of men from thanas present

Number of men on general duty

Names of officer who lectured

 

 

 

 

 

VII. Escorts arriving from other districts

 

 

 

 

VIII – Names of officers and men under suspension

 

 

 

 

IX – Duties performed by mounted police

 

 

 

 

X – Any special matter such as shortage of men, transfers ordered but not carried

 

 

 

 

Reserve Officer

Signature of  --------------------

Lines Officer

 

FORM No. 20-5(1)

 

POLICE DEPARTMENT.                                       ______________ DISTRICT

 

INSPECTION REPORT

 

Inspection report on the ---------------------- Police Station.

Statement of Crime for quarter ending -----------------------------

 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

Section of Code

Offence

CASES

PERSONS

PROPERTY

REMARKS

Reported

Admitted

Not investigated

Sent for trial

Convicted

Pending in court

Arrested

Convleted

Discharged

Pending

Value

Stolen

Recovered

 

Total of corresponding quarter of previous year

 

 

 

 

 

 

 

 

 

 

 

 

 

 

---------------------------------------------------

When and by whom last inspected                      

--------------------------------------------------

 

dated of present inspection and name of Inspecting Officer --------------------------------------------------------------------------

            Remark below on the following matters quoting the corresponding serial No. :-

 

(I)                 State of crime generally and working of Police. (2) Preventive measures under security sections and Habitual Offenders Act. (3) General Heading :- Known or suspected criminals. Sub-Headings:- (a) Surveillance of Bad Characters and bad Character Rolls. (b) History Sheets. (c) Information Sheets. (d) Proclaimed offenders and absconders. (e) Registered Criminal Tribes. (4) Village Crime Register. (5) Office books. (6) Condition of buildings. (7) Arms and Ammunition. (8) Clothing. (9) Equipment. (10) Horses and bicycles. (11) Other Government Property. (12) Drill and Discipline. (13) Name of officer in charge, with date of assuming charge. (14) Persons in receipt of aid from Police Charities. (15) General Remarks.

 

 

Serial No.

Subject

Remarks

 

 

 

 

FORM No. 20-5(4)

POLICE DEPARTMENT.                                       ______________ DISTRICT

Inspection duty performed during the --------------------------- quarter of 19

 

1

2

3

4

5

6

7

8

9

10

11

Police Stations in the district

 

Outposts

 

Posts

NUMBER

Stations

Outposts

Road and other posts

Villages

Number of days spent in the interior

Number of cases personally investigated by officers in column 1. See note at foot of page

Explanation of Superintendent of any insufficient inspection, with names of any Police Station not inspected with in past 6 months

Remarks by Deputy Commission

Remarks by Deputy Inspector – General

 

Rank of officer

Name

Date of joining district

 

 

 

 

 

 

 

 

 

S. Police

A.S.Police

A.S.Police

Dy. Supdt. of Police

 

 

 

 

 

 

 

 

 

 

 

Total     …

 

 

 

 

 

 

 

 

 

 

 

 

            NOTE. – In columns 2 to 8 oppo-ite name of each officer and total just above the figures relating to the quarter, the totals from 1st January in each year shall be entered in red Ink.

 

            NOTE. – Only those cases will be entered in column 8 in which the officer referred to in column 1 bas visited the locality repurted the enquiries made by him in his weekly Diary No. 1 and given orders for the guidance of the officer in direct charge of the investigation.

-----------------------

Names of places inspected and visited by Police Officers during the quarter as shown in columns 2 to 4 of obverse.

 

1

2

3

4

5

6

7

8

9

10

11

12

By Superintendent

By Assistant Superintendent

By Assistant Superintendent

By Deputy Superintendent

Stations

Outposts

Road and other posts

Stations

Outposts

Road and other posts

Stations

Outposts

Road and other posts

Stations

Outposts

Road and other posts

 

 

 

 

 

 

 

 

 

 

 

 

Date ______________________

Superintendent of Police

The ______________________ 19

FORM No. 20-6.

DISTRICT                                                                                                                              RANGE

CHECK LIST OF INSPECTION DUTY FOR THE YEAR 195

(To Be Prepared By Hand)

 

1

2

3

4

5

6

7

8

Classifications

Serial No.

Name of stations, outposts and posts

Quarter ending 31st March

Quarter ending 30th June

Quarter ending 30th September

Quarter ending 31st December

Remarks

*

Name of Inspecting Officer

*

Name of Inspecting Officer

*

Name of Inspecting Officer

*

Name of Inspecting Officer

Police Station

 

 

 

 

 

 

 

 

 

 

 

Outposts

 

 

 

 

 

 

 

 

 

 

 

Posts

 

 

 

 

 

 

 

 

 

 

 

 

·        To be filled in from quarterly inspection returns, Form No. 20-5 (4).

Note. – Places not inspected should be marked off with a dash (-).

-------------------------------

 

FORM No. 20-18.

RECORD OF MEETINGS BETWEEN NON-GAZETTED OFFICERS.

 

1

2

3

4

Date

Place of meeting

Officers present at the meeting

Report received

 

 

 

 

 

 

****

The Police Rules, 1934

The Police Rules, 1934 (1)

The Police Order, 2002

The Punjab Police (E & D) Rules, 1975

North-West Frontier Province Police Rules, 1975

Police Disciplinary Rules, 1975

Go to Index | LL. B. – I | LL. B. – II | LL. B. – III | LL. B. Directory | Home