UP Police Regulations

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UTTAR PRADESH POLICE REGULATIONS

Prashant Kanha, Advocate: 9910757999


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CONTENTS

PART I
POWERS AND DUTIES OF OFFICERS

Para Page No.

CHAPTER I
SUPERIOR OFFICERS
DIRECTOR GENERAL OF POLICE

1. Powers and status of Inspector General-cum-Director


General of Police 34

ADDITIONAL INSPECTOR-GENERAL/ZONAL INSPECTOR


GENERAL

1-A. Powers and responsibilities of Additional Inspector General of


Police………………………………………………………….. 36

DEPUTY INSPECTOR-GENERAL

2. Powers and responsibilities of Deputy Inspectors-General as


the incharge of ranges 36

3. Duties of Deputy Inspector General of Police in his range 37

DEPUTY INSPECTOR-GENERAL, GOVERNMENT


RAILWAY POLICE

4. Powers of Assistant to the Inspector-General, Government Railway


Police………………………………………………………….. 38

COMMISSIONER

5. Powers of Commissioner 38

DISTRICT MAGISTRATE

6. Powers of District Magistrate of the district………………. 39

7. Information to District Magistrate of all serious crimes


And of any sudden increase in volume of crime 39

7-A. Powers of D.M. to ask the S.P. to institute an enquiry


in case of any instance of inaction, corruption,
harassment, abuse of authority and wrongful
detention of police…………………………………………. 40

Prashant Kanha, Advocate: 9910757999


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7-B. ……………………………………………………………….. 40

8. Instructions to DM in the exercise of his power of


control………………………………………………… 40

9. Inspection of Police Stations by D.M…………………. 40

10. To obtain sanction of the DM to the expunction of a


Crime from the crime register 41

10-A. ………………………………………………………………. 41

11. The powers of a Superintendent in licensing and


Regulating prosecutions…………………………………….. 41

SUPERINTENDENTS OF POLICE

12. Status of Superintendent of Police 42

13. Responsibilities of Superintendent of Police 43

14. To follow the directions contained in M.G.O’s, when a


district officer giving over a charge of a district 44

15. Entries in English Order Book (presently known as


Hindi Order Book)……………………………………….. 44

16. Entries of all cognizable crimes reported at police


Stations in Crime Register……………………………….. 44

ASSISTANT AND DEPUTY SUPERINTENDENTS OF POLICE

17. Powers and duties of Assistant and Deputy


Superintendents of Police………………………………….. 45

17-A. [Omitted]…………………………………………………… 46

CHAPTER II
RESERVE INSPECTORS AND RESERVE SUB-INSPECTORS

18. Responsibilities of Reserve Inspector (R.I.)………………... 46

19. Responsibilities of Reserve Inspector regarding safe


custody of arms, ammunition and stores…………………… 47

20. Responsibilities of Reserve Inspector for the training


of recruits…………………………………………………… 47

21. Duties of R.I. for weekly kit inspection and annual

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firing…………………………………………………………. 47

22. Inspection of all guards and sentries by R.I. at


headquarters deputed from reserve lines……………………. 47

23. Employment of R.I. to command escorts and guards


on special occasions…………………………………………. 48

24. Duties of Reserve Sub-Inspector (R.S.I.)…………………… 48

CHAPTER III
PUBLIC PROSECUTORS AND THEIR SUBORDINATES

25-39.[Omitted]……………………………………………………… 49

CHAPTER IV
CIRCLE INSPECTORS

40. Principal duties of Circle Inspectors……………………………. 49

41. Other duties of Circle Inspector………………………………… 50

42. Responsibilities given to Circle Inspector by the


Inspector General ………………………………………………. 51

CHAPTER V
SUB-INSPECTORS AND UNDER OFFICERS OF THE CIVIL POLICE

Officer-in-charge of a Station

43. Officer-in-charge of a police station……………………………… 52

44. Abilities of Officer-in-charge of a police station ………………… 52

45. Confidential Note Book of Officer-in-charge……………………. 53

46. Duties of Officer-in-charge of a police station 53

47. Powers of S.O. to allow his subordinates to go off


duty……………………………………………………………….. 53

48. Miscellaneous Important duties of a Station-officer-in-


Charge ……………………………………………………………. 53

49. Definition of Officer-in-charge…………………………………… 54

50. Charge Certificate of Station Officer 54

Subordinate Sub-Inspectors

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51. Duties of the Second Officer…………………………………… 55

52. If no Second Officer is in police station, junior to the


Second Officer to perform duties of Second Officer…………… 55

53. [Omitted]………………………………………………………... 55

54. [Omitted]……………………………………………………….. 55

Head Constable Station writer

55. Duties of Head Constable-Station writer………………………… 55

56. Literate police officer will give assistance to head


Constable-station writer…………………………………………. 56

57. Head constable as in-charge of the station……………………… 56

Head Constable in-charge of Outpost

58. Responsibility of Head Constable as-in-charge of


Outpost………………………………………………………….. 57

59. Duties of Outposts………………………………………………. 57

60. [Omitted]……………………………………………………….. 57

Constables

61. Constables of civil police………………………………………. 57

62. Duties of Sentry……………………………………………….. 58

63. Division of Police station circle into beat and duties of


beats constables………………………………………………. 58

64. District Police entitled to appear and to remain on


Railway platforms…………………………………………….. 59

CHAPTER VI
ARMED POLICE

65. Works of Armed Police…………………………………………. 59

66. Sub Inspectors of Armed police : works and duties…………… 59

67. Head Constables of Armed Police : works and duties 60

Prashant Kanha, Advocate: 9910757999


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68. Orders of Magistrate in a Riot or affray……………………… 60

69. Deputation of Armed forces on various duties………………. 60

70. Use of force by the police against the crowd………………… 61

71. Requisition of Armed police 65

72. Constables of Armed police as bicycle orderlies to the


Governor………………………………………………………. 65

73. Reserve of armed police ……………………………………… 66

74. Time limit for the service in armed reserve…………………… 26

75. Limits of leave of the men in armed reserve………………….. 66

76. Deputation of armed police for special duty………………….. 67

77. Restriction of duties for the member of reserve………………. 67

78. Maintenance of armed training reserve……………………….. 67

CHAPTER VII
MOUNTED POLICE

79. Duties of mounted police……………………………………… 68

80. Formation of mounted police…………………………………. 68

81. Duties of Sub-Inspectors and Head Constables in


mounted police……………………………………………….. 68

82. Roaster of duty at troop headquarters………………………… 69

83. Inspection before forces deputed to other districts…………… 69

Training of Mounted Police

84. Training of mounted police…………………………………… 69

85. Other trainings of members of mounted police………………. 70

86. Three months’ advance course of selected constables………. 70

87. Training of troop horses……………………………………… 71

88. Training for treatment of horses ……………………………… 71

Prashant Kanha, Advocate: 9910757999


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CHAPTER IX
VILLAGE POLICE

89. Chief duty of village chowkidar…………………………………. 71

90. Freeships of Chaukidar…………………………………………. 71

91. Attendance of village Chaukidars………………………………. 71

92. Crime record book of village chaukidars………………………. 72

93. Assistance for escort duty by village police…………………… 73

94. Rules for the watch and ward of camps of officers on


Tour……………………………………………………………… 73

95. Supply of printed forms for written reports of


cognizable offences to village Chaukidars……………………. 74

96. Appointment of village Chowkidars…………………………… 74

96-A. Provisions of Para 50 are applicable to village Chaukidars……. 74

PART II
PARTICULAR DUTIES
CHAPTER X
REPORTS MADE AT POLICE STATIONS

97. Process for information relating to the commission of


a cognizable offence…………………………………………… 75

98. Entries of crimes in registers and diaries should be


clear ……………………………………………………………. 75

99. Substance of F.I.R. in G.D……………………………………. 76

100. Process for Oral Information of Cognizable offence to


Station officer………………………………………………….. 76

101. Special Report cases…………………………………………… 76

101A Copy of Special Reports to DM and SP ……………………… 77

102. Process for report of a non-cognizable offence……………….. 77

103. Responsibility of S.O. for the correct recording of all


Reports of crime……………………………………………….. 77

CHAPTER XI

Prashant Kanha, Advocate: 9910757999


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INVESTIGATIONS

104. Decision for Investigation of a report of cognizable


Offence…………………………………………………………. 77

105. Process, when a cognizable case will not be


Investigated……………………………………………………. 79

106. Completion of an Investigation……………………………….. 79

107. Duties of an Investigating Officer……………………………. 79

108. Steps for Investigating Officer to investigate the case………... 80

109. Entries of the case diaries……………………………………. 80

110. Proceedings after arrests of a suspected person…………….. 81

111. Search conducted by a police officer………………………… 81

112. Inquiries from a person………………………………………. 82

113. Inquiries from public or railway servants……………………. 82

114. Plan of the scene of occurrence should be made by


I.O……………………………………………………………… 83

115. Dying declaration of seriously injured person to be


recorded immediately………………………………………….. 83

116. Identification parade of suspects……………………………….. 83

117. Identification of articles of property recovered from


suspects ………………………………………………………… 84

118. Cognizable offence done by a person in a second state


of mind get no relaxation by the police…………………………. 84

119. Process for confession recorded by the Magistrate…………….. 84

120. Who can record the confession………………………………….. 84

121. Remand for police custody……………………………………… 85

122. Completion of Investigation and submission of final


report or charge sheet should be as soon as possible……………. 85

123. Previous convictions should be recorded in charge


Sheet…………………………………………………………….. 86

Prashant Kanha, Advocate: 9910757999


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124. Complaint of cognizable or non-cognizable offence


before the Magistrate …………………………………………… 86

125. Process of Investigation when an Indian is killed by


British soldiers…………………………………………………….. 87

126. No analysis of the work of Investigating Officers……………….. 87

127. Production of records of post office before the police……………. 87

128. Process when there is an outbreak of thefts from


goods trains……………………………………………………….. 88

CHAPTER XII
REQUESTS, POST-MORTEM EXAMINATION AND TREATMENT
OF WOUNDED PERSON

129. Any sudden or unnatural death to be reported by


village Chaukidar to the police station……………………………. 88

130. [Omitted]…………………………………………………………... 89

131. All sub-Inspectors and head constables empowered to


make inquiries u/s 174 Cr. P.C………………………………….. 89

132. Inquest report by police………………………………………….. 89

133. [Omitted]………………………………………………………… 89

134. Known or suspected dead bodies related to cognizable


offence to be sent for post-mortem examination……………….. 89

135. Recording of finger prints of unidentified corpses ……………. 89

135A. Process when an unclaimed or unidentified body is


recovered by police……………………………………………… 90

136. Steps taken by I.O., when medical officer making


examination of dead bodies……………………………………. 91

137. Dead Bodies for examination should be sent to district


Headquarters…………………………………………………… 94

138. Process, when dead body sent for examination by


G.R.P………………………………………………………….. 94

139. Procedure, when a body is sent for post-mortem


Examination…………………………………………………….. 94

Prashant Kanha, Advocate: 9910757999


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140. Objects of examination should be clearly explained in


Inquest report…………………………………………………… 96

141. Public Prosecutor to directly correspond with Civil


Surgeon when sending any article for examination……………… 96

142. Exhibits connected with the commission of an offence


should be sent to Public Prosecutor or to Magistrate
for required testing in Forensic laboratory………………………. 96

143. In case of dangerous injuries wounded persons to be


Conveyed to headquarters ……………………………………….. 97

143A. First-aid given by the Medical Officer in Medico-legal


Case……………………………………………………………….. 98

144. Injury or post-mortem report made by the medical


officer ……………………………………………………………… 98

145. A shell for conveyance of corpses provided to police


Stations…………………………………………………………….. 98

146. No person may be sent for medical examination


against this will…………………………………………………….. 99

CHAPTER XIII
ARREST, BAIL AND CUSTODY

147. Powers of arrest of a police officer………………………………… 99

147A. ……………………………………………………………………… 99

148. Powers of Police Officer to arrest any offender in


whole of India……………………………………………………… 103

149. Process for arresting a Railway personnel……………………….103

150. Powers of arrest should not be exercised in case of a


Known person…………………………………………………103

151. Process when an accused is arrested by a private


person ……………………………………………………………103

152. Restrictions imposed on police for arrest of a person…………….103

153. Process when any person is arrested in the course of an 103

Prashant Kanha, Advocate: 9910757999


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154. The search of an arrested person……………………………….. 104

155. Arrested person should not be subjected to any


unnecessary hardship……………………………………………. 105

156. Conditions for granting bail to accused person by the


station officer-in-charge………………………………………… 105

157. Proper care of undertrial prisoners confined in police


lock-ups……………………………………………………….. 106

158. Maximum number of persons accommodated in lock-


up …………………………………………………………….. 106

159. Instructions regarding scale of daily diet for healthy


Prisoners……………………………………………………… 107

160. Under trial prisoners should not be kept at Courts so


late……………………………………………………………. 107

161. Lunatics never to be confined in cells with other


persons ……………………………………………………….. 107

162. Minor girls should not be kept in the custody of


police …………………………………………………………. 107

163. Seriously sick person to be kept in custody, where he


is ………………………………………………………………. 108

164. Rules for guidance of the police in dealing with


Juvenile Offenders…………………………………………….. 108

CHAPTER XIV
CUSTODY AND DISPOSAL OF PROPERTY

165. Rules for disposal of movable property……………………….. 108

166. Property worth more than Rs.100 should be kept in


The custody of Malkhana Moharrir …………………………. 112

167. Duty of Malkhana Moharrir attached to Courts…………….. 112


168. Responsibility of Public Prosecutor to give certificate
regarding the disposal of property carried out……………… 112

168A. Rules to destroy illicit firearms and weapons after the


decision of the court…………………………………………… 112

Prashant Kanha, Advocate: 9910757999


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169. Duty of Public Prosecutor to inform the Court about


Unclaimed property lying in Malkhana for more than 6
Months…………………………………………………………. 113

170. Monthly inspection of Malkhana by Public Prosecutor……….. 113

171. Police Officer attached to the Court of a Magistrate


will observe the rules laid down for the guidance of
the Public Prosecutor…………………………………………… 113

172. Personally property of persons dying interstate must not


be treated as unclaimed property in the Province of
Agra……………………………………………………………… 113

173. Process after deposition of any arms, ammunition in


Police Station…………………………………………………….. 114

CHAPTER XV
SPECIAL CRIMES

174. The information of Robbery or Dacoity be sent to


other neighboring police stations immediately……………………. 114

175. Guidelines in a case of professional poisoning…………………… 115

176. Duties of S.O. after a report of disappearance of any


boy under 14 years of age or girl under 16 years of
age …………………………………………………………………. 116

177. Duties in case of direct cattle positioning………………………….. 116

178. The poison used to destroy cattle be sent for chemical


examination to the F.S.L…………………………………………… 117

Thefts of Bovine Cattle

179. Reported strays of cattle shall be at once recorded as


Thefts and investigated……………………………………………… 118

180. Investigations shall be made in every case of cattle


theft …………………………………………………………………. 118

181. Directions to S.O.’s for thefts of cattle……………………………… 118

182. Cooperation between police stations for the


suppression of cattle theft…………………………………………… 120
183. Rules for the voluntary registration of sales of cattle…………….. 121

184. One literate police constable should be sent to attend

Prashant Kanha, Advocate: 9910757999


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Important cattle fairs……………………………………………… 121

185. Duty of S.O. to check the registers of owners of


private cattle markets……………………………………………… 121

CHAPTER XVI
CRIMINAL TRIBES, FOREIGNORS AND VAGRANTS

186. Rules regarding the registration and surveillance of


resident and wandering criminal tribes……………………………. 122
187. Instructions for dealing with suspicious foreigners ………………. 122

188. Orders relating to European vagrants …………………………… 122

189. Deputation of a police officer for a foreigner who gets


order of removal from India …………………………………….. 122

CHAPTER XVII
PATROLS AND PICKETS

190. Rules for the patrolling of roads…………………………………. 122

191. Duties of Patrols………………………………………………….. 123

192. Information of thefts of copper telegraph wire…………………… 123

193. Cooperation of district and railway police for


suppression and detection of thefts of copper
telegraph wire……………………………………………………… 124

194. Six-beat system of Patrolling in towns ……………………………. 124

195. Pickets in town and rural areas …………………………………….. 125

CHAPTER XVIII
SPECIAL GUARDS AND ADDITIONAL POLICE

196. General instructions concerning guards and escorts ………………… 126

197. Patrolling party from reserve lines ………………………………….. 126

198. Requests for supply of guards from other


Departments ………………………………………………………… 126

199. Supply of police for private entertainments ………………………… 127


200. Rule for charges for special police protections in fairs
or melas ……………………………………………………………. 127

201. Charge taken for police for private mela’s or fairs 127

Prashant Kanha, Advocate: 9910757999


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202. Rules regarding the supply of police protection to


railways …………………………………………………………….. 128

203. No orderly may be employed without the special


sanction of the D.I.G. ………………………………………………. 128
204. Guard provided for the Commissioner of a division………………. 128

205. Armed police guard for Magistrates ……………………………… 128

206. For additional police, S.P. should consult the D.M. …………….. 129

207. Proposal for additional police force by the D.M. ………………. 129

208. Command certificates given to the forces sent on duty


to other districts …………………………………………………... 131

209. Charges for under trial prisoners sent to other districts


under police escorts ………………………………………………. 131

210. Rules regarding the cost and charges of escort over


convicted persons ………………………………………………… 131

211. Assistance by local and railway police, to police


guards escorting prisoners under deportation from
Indian States ……………………………………………………….. 132

212. Conditions to travel in a goods train or travel in the


break-van ………………………………………………………….. 132

213. Concessions obtainable when escorting treasure by


rail …………………………………………………………………... 132

214. Responsibilities of Jail authorities for guarding


prisoners ……………………………………………………………..132

CHAPTER XIX
ABSCONDED OFFENDERS

215. Action against proclaimed offender ……………………………….. 133

216. Absconded offender ………………………………………………... 133

217. Types of absconded offenders ……………………………………… 133


218. Register at every police station for absconded
offenders …………………………………………………………….. 133

219. Public Prosecutor shall maintain a register of whole


district for absconded offenders …………………………………….. 134

Prashant Kanha, Advocate: 9910757999


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220. Power of Superintendent to expunge the names of


absconded offenders ……………………………………………….. 134

221. Power of DM to expunge the names of absconded


offenders ……………………………………………………………. 135

222. Recording of evidence by the Court against the


accused person who has absconded ………………………………… 135

CHAPTER XX
REGISTRATION AND SURVEILLANCE OF BAD CHARACTERS

223. The village Crime Note Book ……………………………………… 136

224. Entries in Part-I of the village Crime Note Book ………………….. 136

225. Entries in Part-II of the village Crime Note Book ………………….. 136

226. Entries in Part-III of the village Crime Note Book ………………….. 137

227. Entries in Part-IV of the village Crime Note Book ………………….. 140

HISTORY SHEETS & SURVEILLANCE

228. History sheets, Part V of the village Crime Note Book ……………. 140

229. Classification of history-sheets …………………………………….. 141

230. History sheets of A-Class ………………………………………….. 141

231. Subjects of history sheets of A-Class ……………………………… 142

232. Continuity of B-Class history sheets ……………………………… 142

233. Discontinuance of surveillance …………………………………… 142

234. Discontinuation of History sheet of Class-A ……………………… 143

235. Knowledge of History sheeters to local police …………………… 143

236. Methods of surveillance of history sheeters ………………………. 144

237. Starred and unstarred history sheeters …………………………….. 144

238. Surveillance of B-class history sheeters …………………………… 145

239. Maintenance of history sheet of both classes and


desired entries in the history sheet ………………………………. 145

Prashant Kanha, Advocate: 9910757999


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240. History sheets of both classes when to be opened ? ……………… 147

241. Importance of P.R. slips …………………………………………… 149

242. Principles which could guide S.P. in deciding whether


a history sheet should be opened and in what
category should be placed ………………………………………… 150

243. Preparation of history sheet in case of juveniles …………………... 151

244. Procedure of action under section 110 Cr. P.C. ……………………. 152

245. Names of history sheeter will be entered in beat book


of constables and crime record book of village
chaukidars ……………………………………………………… 152

246. Entry of an accomplice belonging to another police


Station shall inform the police of that police station ………… 153

247. When the history sheeter changes his address, the


history sheet should or should not be sent to the
police station to which he has gone ………………………………… 153

248. The district police will keep up history-sheets of


persons addicted to crime on railways ………………………… 153

249. Class A and Class B list will be maintained separately


in each and every police station ………………………………… 154

250. Lists of bad characters and history sheeters are


confidential ……………………………………………………… 154

251. Responsibility of Circle Inspectors in the matter of


surveillance …………………………………………………… 155

252. Surveillance of persons whose criminal personal files


are maintained by C.I.D. ……………………………………… 155

Gang Register

253. Entries in the gang register ………………………………………. 155

254. Examination of headquarters gang register by Public


Prosecutor on the conclusion of every dacoity case ……………. 156

255. Maintenance of the headquarters gang register …………………… 157

256. Procedure for the registration of gang under the

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Criminal Tribes Act Manual ………………………………………. 157

Rules for reporting and verifying the movements of bad characters

257. Movement of history sheeter should be informed by


beat constable or village chaukidar to S.O. ………………………. 157

258. Inquiry Slip-A for verification ……………………………………. 157

259. If destination of history sheeter is not clear, Inquiry


slip-A is sent to all police stations of possible
destinations …………………………………………………………. 158

260. Visit of history sheeter within circle, be verified by


Inquiry through beat constable ……………………………………. 158

261. Reports made by chaukidars of departure of bad


characters …………………………………………………………. 158

262. Procedure after receiving an inquiry slip-A ………………………. 158

263. Difference of date or time in inquiry slip-A to be


informed to the officer, who sent it ……………………………… 159

264. Procedure if the bad character does not arrive within a


reasonable time …………………………………………………… 159

265. When bad character person returns to any destination


other than his home, the S.O. of the police station will
issue an inquiry slip-A ………………………………………… 159

266. If H.S. absence is found to be suspicious, a brief note


should be entered in history sheet …………………………… 159

267. Duty of village chaukidar when he hears of the arrival


of a suspicious stranger in his village ………………………… 160

268. Issuing of inquiry slip-B ………………………………………. 160

269. Procedure of receiving an inquiry slip-B ………………… 160

270. Arresting of a suspicious stranger ………………………… 160

271. Returning of inquiry slip-B ………………………………. 160

272. Issuing of inquiry slip-A for that suspect whose


inquiry slip-B is issued ……………………………………… 161

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273. Where a telephone is available inquiry slips will not


ordinarily be despatched ………………………………… 161

274. Responsibility of S.O. for correct and regular use of


Inquiry slips …………………………………………… 161

275. Rules for convicts against whom an order is passed


under 356 Cr. P.C. ……………………………………… 162

276. Conditions under which convicts may be released


before the expiry of their sentence ……………………… 163

CHAPTER XXI
EXECUTION OF PROCESSES

277. Recovery of fine ……………………………………… 165

278. Execution of warrants of recovery …………………………. 166

279. Process after payment of money into a treasury …………… 166

280. Service of summons outside the local limits of the


jurisdiction of the issuing court …………………………….. 167

281. Time for keeping warrant of arrest in a non-


cognizable case …………………………………………….. 167

282. Police will refuse to accept irregular process ……………… 167

CHAPTER XXII
RECORDS AND CONFIDENTIAL DOCUMENTS

283. List of registers to be kept in police stations ……………….. 168

284. The Police Gazette and the Criminal Intelligence


Gazette …………………………………………………….. 168

285. Annual preparation of certain lists ………………………… 168

286. Lists of documents to be kept on file in every police


station ………………………………………………………. 168

287. Set up of Notice Board at every police station ……………… 169

288. Map of police station ………………………………………… 170


289. A list of forms should be kept at police stations ………………. 170

290. Preparation of Inspection book at every police station ……….. 170

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291. Maintenance of G.D. and C.D. ………………………………. 170

292. Numbering on G.D. and C.D. and a note on last page


showing the number of pages …………………………………. 172

293. Index of a case diary …………………………………………… 172

294. Method for writing General Diary ………………………………. 172

295. Recording of matters in General Diary ………………………….. 173

296. Entries in General Diary ……………………………………….. 174

297. Closing of General Diary ……………………………………….. 174

298. Any entry in the G.D. coming to the notice of D.M.,


S.P. may send the diary in original to D.M. ……………………. 174

299. Procedure for production of G.D. before Court ……………….. 174

300. Identity of sources and agents will be confidential …………… 176

CHAPTER XXIII
ACCOUNTS KEPT AT POLICE STATION

301. Entry of received and disbursed amount in cash book


in police station …………………………………………………. 177

302. The Description of cash received in police station


should be entered in G.D. by head constable station
writer …………………………………………………………….. 177

303. Keeping of undisbursed balance ………………………………… 178

304. The receipt and expenditure of postage service should


be shown in the cash book ………………………………………. 178

305. Permanent advance for various works …………………………. 178

306. The book of cheques 180

307. Submission of cheques issued by S.O. ………………………….. 182

308. Maintenance of accounts in Reserve lines 182

CHAPTER XXIV
INDIAN STATES

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309-321 [Omitted]

CHAPTER XXI
REPORTING AND REGISTRATION OF BIRTHS AND DEATHS

322. Registration of births and deaths 183

323. [Omitted]

324. [Omitted]

325. Reports of death or disappearance of a pensioner 183

should be entered in the general diary

326. On receiving information regarding the death of any


Indian non-commissioned officer, S.O. shall immediatly
report to S.P.
183

327. On receiving information regarding the death of a


foreigner, the S.O. shall immediately report to S.P. 183

CHAPTER XXVI
DIRECTION FOR THE GUIDANCE OF POLICE OFFICERS IN
TIME OF FAMINE

328. Direction for guidance of police office in the time of


famine 184

329. Duty of police officer when a wanderer in distress 184


Comes or is brought to a police station

330. Every S.O. of a police station should send weekly


Report to S.P. in form E-VI 185

331. Police may be employed in guarding treasure chest on


Relief 185

332. Money received from collector should be disbursed


promptly 186

333. Unclaimed bodies should be burnt or buried by the


police according to the religion of the deceased 186

334. If famine relief seriously increases the duties of the

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Police S.O. may apply to S.P. for extra force 186

335. Balance money of relief operations should be


deposited in treasury 186

336. Periodical reports should be submitted from police


station to S.P. 186

337. S.O. should assist the officer-in-charge of famine


relief 187

CHAPTER XXVII

338. A list of Acts or portion of Acts should be kept in


police office and S.P. office 187

339. If European deserter is arrested, he must be taken


before a Justice for peace 187

340. When a person subject to military law deserts the


officer commanding will immediately inform local
and railway police 188

341. Reward for appreciation of deserter 188

342. Procedure, when a deserter is apprehended by the police 188

343. When deserter is made over to military authorities by


police a form of certificate u/s 91-A is sent to the
police for completion 189

344. Deserters from the forces should not be surrendered


to the Durbar 189

345. Rules regarding emigration 190

346. Under Indian Factories Act, notice of an accident


resulting in death must be sent by the factory
authorities to S.O. 190

347. Commissioner of the division empowered to make


rules under the Ferries Act 190

348. Rules made under the Fisheries Act 190

349. S.P. should bring to the notice of S.O. about local


forest rules 190

350. Execution of warrants u/s of the Public Gambling Act 191

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351. Permission to play games in public 191

352. Application of Glanders and Farcy Act 191

353. Police are required to give information to Municipal


boards of offence against the Act 191

354. The register of persons resorting to a sarai 192

355. Rules regarding stage carriages 192

356. Rules regarding treasure trove 192

357. S.P. required to give immediate information to D.M.


of any case of a serious nature in which soldiers are
believed to have been concerned 192

358. Rules prescribing the duties of police at fairs 192

359. Police have no authority to make formal inspections of


cattle pounds 192

360. Record of all the great trigonometrical survey stations


in districts shall be kept in the office of S.P. 193

361. Duty of village police to protect ancient structures and


preventing unauthorized excavations 193

362. Rules regarding the escape of prisoners from district


or central Jails 193

363. The duties of police in respect of excise offences 194

364. The powers and duties of police regarding opium and


morphia offences 194

365. Excise Inspector and Police Officers both responsible


for excise offences 194

366. The offence of illicit distillation of spirit cannot be


Carried on for any length of time 195

367. The Village headman should promptly report to D.M.


about the illicit manufacture of any excisable article 195

368. Appointment of special police officers 195

369. Appointment of traffic police 196

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CHAPTER XXVIII
MISCELLANEOUS

370. No private sweepers may be employed by the police


Department for police lines 197

371. Restriction imposed on government servants in their


private affairs 197

372. Police officers may have no private money


Transactions with police accountants 197

373. Police officers are strictly prohibited from aiding in


the supply of labour 198

373A. Members of the police force are strictly forbidden to


Consume intoxicants during the course of their duty 198

374. Procedure followed to the defalcation or loss of public


money 198

375. When police officers are going outside the district as


detectives, S.P. shall provide them with written
credentials 198

376. Powers of police to make inquiries regarding the


character verification 199

377. Chests of post office may be fixed at police stations 199

378. Maintenance of motor lorries and light vans at district


police headquarters 199

379. At least one horse should be provided to all gazetted


Officers 200

380. The hospital establishment is under control of the


medical department 200

381. In writing intention is incumbent on all applicants for


medical leave 201

382. Under officers and constables who fall ill when on


duty, must apply admission to the district police
hospital 201
383. Any under officer or constable, who on discharge
from a police hospital other than that of his district of
posting is recommended leave by the civil surgeon 202

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384. Every officer-in-charge of a police station is responsible


for reporting cases of sickness among men 202
under his command

385. Every head constable or constable suffering from


venereal disease must report the fact to his immediate
superior 202

386. A medical history-sheet will be maintained in


duplicate for every officer 203

387. All police officers of and below the rank of Head


Constable are liable to compulsory medical
Inspection 203

388. Police officer and men of other provinces who need


hospital treatment may be treated at police hospital of
these provinces 204

389. The S.P. may re-allocate the non-gazetted provincial


Police force of the district temporarily to meet sudden
emergencies 205

390. Re-allocation of rural police 205

391. Power of DIG (range) to increase police force of one of


his district temporarily 205

392. The number and scale of sanctioned fixed guards are


shown in the police allocation 205

393. Reader of the S.P. 206

394. Police Training School, Sitapur set for training of


under-officers 206

395. The information of a body of military police has been


Sanctioned by the provincial Government 206

PART III
INTERNAL ADMINISTRATION
CHAPTER XXIX
APPOINTMENT

396. Bodies of the police force 206

397. The Gazetted officers of the police force 207

398. The non-gazetted officers of the police force 207

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399. Appointment of S.P. and officers of higher rank 207

400. Appointment for probation of Assistant Superintendent 207

401. Appointment of Deputy Superintendents 207

402. Rules for salary of directly recruited Deputy


Superintendents 207

403. Appointment to the rank of Reserve Inspector 208

404. Rules regarding British army reservists 208

405. [Omitted]

406. Civil, armed and mounted police 208

407. Appointment of head constables in civil and armed


police 209

408. Appointment of mounted police constables 209

409. Enlistments of constables for the Armed and Civil


police 209

410. Rules for ex-soldiers, who are enlisted as constable in


U.P. Police 210

411. Physical requirement for a recruit 211

412. Medical examination of a recruit 212

413. Register of candidates for recruitment 212

414. All enrolled candidates furnish a certificate of having


been successfully vaccinated 212

415. All recruits must possess the minimum physical


Qualifications 213

416. S.P. is authorized to re-enlist men 214

417. Man dismissed for misconducts from any department


may not be enlisted in police 214

418. As Man’s name is entered in the register of candidates,


his character, antecedents and age must be verified 214

419. Process, when a candidate is passed by the civil surgeon 215

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420. Procedure for verification of military service personnel 215

421. Instructions regarding uniform 215

421A. ……………….. 215

422. S.P. must not appoint to any post under his control
any person already in Government service 217

423. Certificate of appointment 217

424. Rules on the declaration of ownership and acquisition


of landed property 217

425. Rules for the appointment of clerical staff 217

426. Rules on cases in which officiating appointments may


be made in temporary vacancies 217

427. No man may be appointed to act temporarily as a constable 217

CHAPTER XXX
PROMOTIONS

428. Promotion on Gozetted ranks of the force 218

429. Determination of seniority for officers of the Indian police 218

430. The seniority of Dy. S.Ps will be according to the date


of appointment 219

431. Consideration of seniority 220

432. The calculation of the pay the officers of the provincial police 220

433. Maintenance of the confidential personal files of


gazette officers 223

434. The advancement of Inspectors 223

435. Procedure for promotion to the rank of reserve Inspector 224

436. Procedure for promotion to the rank of police


prosecutor and circle inspector 225

437. Filling up of temporary vacancies in the rank of inspector 226

438. Annual addition of number of names for permanent


promotion to the rank of public prosecutor 226

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439. In annual tour inspection, D.I.G. (Range) will require


to inquire about all sub-Inspectors 226

440. [Omitted] 227

441. Regulation of advancement of sub-inspectors 227

442. DIG must give a note for reasons for supersession 228

443. [Omitted] 228

444. List of all Sub-inspectors shall be submitted to D.I.G. 228

445. Criteria for constable and head constable to be


promoted as Sub-Inspector 228

446. [Omitted] 231

447. Procedure for recruitment to the rank of Sub-Inspector


(Armed police/ Platoon commander) 231

448. Training schedule for candidate selected under para 447 232

448A. Consideration of seniority of the Sub-Inspectors


(Armed Police) 232

449. Promotion of head constable mounted police done by DIG 232

450. Permanent promotion to the rank of head constable in


the civil and Armed Police 233

451. [Omitted]

452. [Omitted]

453. [Omitted]

454. Eligibility criteria for constables to be promoted as


head constables 233

455. Promotion of constable as head constable by the


approval of DIG (Range) 234

456. Promotion of constables to the rank of head constables


will be made by seniority 235

457. Selection of ‘Y’ student in training 235

458. List of mounted police constables maintained by P.H.Q. 235

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459. List of mounted police head constables approved for


the promotion of the Sub-Inspector will be maintained
by PHQ 236

459A. Probation of head constables and sub-Inspectors of


mounted police 236

460. Conditions for the advancement of constables in all


branches 237

461. Promotion of Nominal Rolls 238

462. Promotion and reversion rolls 238

463. Orders relating to increments of pay of Sub-


Inspectors 238

463A. Conditions of service of subordinate ranks of the


police force enrolled under police Act will be decided
by Governor 239

CHAPTER XXXI
REWARDS

464. Kinds of Rewards 239

465. Rewards of Class (a) 240

466. Rewards of Class (b) 241

467. Rewards of Class (c) 242

468. Payment of Rewards 243

469. Procedure for those rewards, on whom the sanction of


DIG or other higher authority is required 243

470. Rewards of Class (d) 244

471. Procedure for receiving rewards from private persons


or companies 245

472. Halting allowance to police on duty at a fair 246

473. Procedure if reward of Class (a) is offered in any case


of more than local importance 246

474. Eligibility of rewards for members of clerical staff 246

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475. Good conduct stripe 246

476. Rules for granting good conduct stripes to village


chowkidars 246

CHAPTER XXXII
DEPARTMENT PUNISHMENT AND CRIMINAL
PROSECUTION OF POLICE OFFICERS

477. Punishment Rules 247

Punishments

478. Departmental punishment for all police officers


Appointed under Section-2 of the Police Act 248

478A. Punishment may be awarded after departmental


Proceedings 248

Powers of Officers

479. Powers of officers for punishment 249

Reprimand

480. Reprimand 250

Dismissal and removal

481. Dismissal and removal of an officer 250

482. Rules that govern reduction 250

482A. Order of upholding increment as a punishment 252

Procedure

483. Proceeding against police officer 253

A – Inquiry

484. Nature of inquiry 253

485. Procedure, when a magisterial inquiry is ordered 254

486. Inquiry, when the offence alleged against a police


officer amounts to an offence only u/s 7 of the Police Act 254

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487. Proceeding, when a police officer negligently or


willfully lets a prisoner escape 257

B – Judicial Trial

488. Judicial trial of a criminal charge against a Police Officer 258

C – Departmental Trial

489. Departmental trial of police officer u/s 7 of Police Act 258

489A. Proceeding under Section of 7 Police Act done by a


Gazetted officer 258

490. Special provisions relating to cases in which police


officers are dealt with departmentally as the result of
judicial trials or magisterial enquiries 258

491. Procedure followed by officer, when conducting


departmental trials 262

492. The result of judicial trial of a police officer should be


Awaited 263

493. When a police officer tried judicially, the S.P. has no


Power to re-examine 263

494. Procedure, when an inquiry of the conduct of a police


officer held by a D.M. or S.D.M. 264

Orderly Room

495. Orderly room for constables and head constables 264

Suspension

496. Suspension of police officers 265

497. Head constables and constables under suspension


may be required to live in lines 266

498. Payment after reinstatement of a police officer 266

499. No conveyance allowance may be paid for the period


of suspension 267

500. Censuring the conduct of a police officer 267

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501. Defence of the Act of police officer done in his official


capacity, will be defended at the expense of the State 268

502. Procedure, when a medal winner police officer is


Convicted 273

503. Procedure, when a police officer is arrested on a


criminal charge 274

504. Certificate of discharge to every officer leaving the


Force 274

505. Resignation of a police officer 274

506. The police officer, whose conduct is under inquiry,


may not be granted leave 274

507. Conditional resignations should be ordinarily not be 275


accepted

Construction of reference

507A. Construction of reference 275

CHAPTER XXXIII
APPEALS, REVISIONS, PETITIONS AND COPIES
OF OFFICIAL DOCUMENTS

Appeals

508. Rules, regulating appeals by gazette officers 275

509. Procedure, when the appeal admitted 278

510. Declaration of appellate authority in cases of


successful appeal 278

Revision

511. Procedures of Revision 279

512. Procedure, when appeal is rejected 279

513. Enhancement of punishment 279

514. Rules for presenting a petition 280


515. Police officers of all ranks are forbidden to approach 281
officials of other departments

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516. Police officers of all ranks are forbidden to petition for


promotion 282
Copies of official documents

517. Issuing free of charge copies of official documents to


an officer against which an application for revision or
petition lies under the rules 282

518. An officer is entitled on payment of the rates given to


copies of all papers material to an appeal 283

519. Rule for payment of copies to private individuals 283

519A. Construction of reference 284

CHAPTER XXXIV
TRANSFERS

520. Transfer of gazette officers 285

521. Transfer by D.G. (P) 285

522. Mutual exchange of constables and head constables 286

523. Rules of joining time after transfer 286

524. Transfer by S.P. within district 286

525. Transfer of constables in Armed and Civil police 287

526. Transfer of village chowkidars 287

PART IV
TRAINING
CHAPTER XXXV
TRAINING OF GAZETTED OFFICERS, INSPECTORS AND
RESERVE SUB-INSPECTORS

527. Knowledge of drill to police officers 288

528. Course of instruction for probationary Asstt.


Superintendents of Police 288

529. Probation of Dy. S.P.’s 291

530. R.I. must have knowledge of drill 291

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531. [Omitted]

532. Qualification for the public prosecutor 292

533. Training of Circle Inspectors 292

CHAPTER XXXVI
TRAINING OF SUB-INSPECTORS

534. Training of Sub-Inspectors 293

535. Probation of Sub-Inspectors 293

536. Programme for probationer Sub-Inspector 294

537. Extension of period of probation 295

538. Selection of ‘Z’ cadets 295

CHAPTER XXXVII
TRAINING OF HEAD CONSTABLES AND CONSTABLES

539. Training of recruits 296

540. Selection of X recruits from constables 296

541. Probation period of recruits 296

542. Instruction in law and regulation to recruits 297

543. Classes of constables 297

544. Training of drill will be taught in reserve lines 298

545. Training of drill of mounted police 298

546. Training of platoon drill 298

547. S.P. shall command a general parade of the force once

a week in reserve lines 298

548. Practice of musketry and revolver 299

549. Inspection of kits, arms and clothing etc. in police lines 299

550. Instruction in “First aid to the injured” to probationary

Police officers and recruits 299

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551. Selection of Burglers from recruits 300

552. Daily class of Drill instructors 300

553. Employment of trained S.I. teachers 300

554. Posting of trained teachers to give primary teaching to

The children of police officers 300

APPENDIX 1-5

THE POLICE ACT, 1861

THE POLICE ACT, 1888

THE POLICE ACT, 1849

U.P. A.P.O. (PREL.) EXAMINATION

POLICE (U.P. AMENDMENT) ACT, 2001 (33 OF 2001)

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THE
UTTAR PRADESH POLICE REGULATIONS

PART I
POWERS AND DUTIES OF OFFICERS

CHAPTER I
SUPERIOR OFFICERS

DIRECTOR GENERAL OF POLICE

1. Powers and status of Inspector General-cum-Director General of


Police.-
The Director-General is the head of the Police Department and the adviser of the
Governor in Council on all questions of police administration. All orders from
the Governor in Council to a member of the police force are issued through him,
except in cases of urgency when copies of any orders issued direct to subordinate
officers are sent to him. No police officer may correspond with the Governor in
Council except through him, unless specially authorized by rule. As a matter of
administrative routine he is concerned only with gazette officers, the general
allocation of staff and the general distribution of funds, complete responsibility
in regard to the non-gazetted staff being delegated to Deputy Inspector-General,
except in regard to the posting, transfer and grant of leave to inspectors in certain
cities and stations and to the posting, transfer and promotion of the clerical staff,
which can most conveniently be regulated by him.

Director General

Post H. Qr./Place
1. D.G. (P) Lucknow
2. D.G. (Homeguard) Lucknow
3. Chairman-cum-Director Police Awas Nigam Lucknow
4. D.G. Fire Service Lucknow
5. D.G. Training Lucknow
6. D.G. Prosecution Lucknow
7. D.G. C.I.D. Lucknow
8. D.G. U.P. Police Academy Moradabad

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Additional Director General


1. A.D.G., P.H.P. Allahabad
2. A.D.G., Vigilance Lucknow
3. A.D.G., / Principal / P.T.C. – II Moradabad
4. A.D.G., Training Lucknow
5. A.D.G., Intelligence and Security Lucknow
6. A.D.G., Anti-corruption Lucknow
7. A.D.G., Law and Order Lucknow
8. A.D.G., P.A.C. Lucknow
9. A.D.G., C.B.C.I.D. Lucknow
10. Housing and Welfare, P.H.Q. Allahabad
11. A.D.G., Co-operative Cell Lucknow
12. A.D.G., Economic Offences Wing Lucknow
13. A.D.G., Technical Services Lucknow
14. A.D.G., Personnel Lucknow
15. A.D.G., Human Rights Lucknow
16. A.D.G., Railways Lucknow
17. A.D.G., Special Intelligence Lucknow
18. A.D.G., Security Lucknow
19. A.D.G., Modernisation Lucknow
20. A.D.G., / Principal P.T.C. III Sitapur
21. A.D.G., U.P. – India – Nepal Border Police Lucknow
Inspector General (Zones)
1. I.G. (Zone) Lucknow
2. I.G. (Zone) Varanasi
3. I.G. (Zone) Kanpur Nagar
4. I.G. (Zone) Meerut
5. I.G. (Zone) Gorakhpur
6. I.G. (Zone) Bareilly
7. I.G. (Zone) Allahabad
Inspector General (Sector) P.A.C.
1. I.G. Eastern Zone P.A.C. Lucknow
2. I.G. Western Zone P.A.C. Moradabad

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3. I.G. Central Zone P.A.C. Lucknow


Inspector General (Railways)
1. I.G., Lucknow Zone Lucknow
2. I.G., Allahabad Zone Allahabad

ADDITIONAL INSPECTOR-CENTRAL/ZONAL INSPECTOR GENERAL

1-A. Powers and responsibilities of Additional Inspector General of


Police.- The Additional Inspectors-General of Police will be the incharge
and supervising officer of the region under them and will give appropriate
guidance to the Deputy Inspectors-General of their region. Their duty / powers
in relation to the employees / officers of their region will be as under:
(1) To transfer non-gazetted officers of the region under them. The
inter-region transfer will be done at the Police Head Quarter’s level,
as done earlier, but the procedure in respect to them will be that these
orders will now be passed in accordance with the recommendation
of the concerned Additional Inspector-General of Police;
(2) To dispose of the representations, appeals, revisions and petitions of
employees posted in the region under them;
(3) To grant casual leave to the gazetted officer of the region under
them, which was granted by the Inspector-General of Police till
now;
(4) To make available their opinion, concerning the work of the gazette
officer of their region, to the Inspector-General of Police for annual
entries. The Deputy Inspector-General will also be in these offices;
(5) Such other work / acts / functions that may be entrusted to them from
time to time, by the Administration or the Inspector-General of
Police.

DEPUTY INSPECTOR-GENERAL
2. Powers and responsibilities of Deputy Inspectors-General as the
incharge of ranges.- Certain Deputy Inspectors-General are incharge of
ranges of districts. Each of them is responsible for the efficiency of the police in

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his range, and must see that a proper level of district administration is maintained.
He must always be in close touch with his Superintendents and be ready to aid,
advise or control them. He must inspect the work of the Superintendent of each
district at lease once a year, and prepare an inspection report in the form
prescribed. He need not, however, record observations under any of the printed
headings of the form except VIII “Crime Working” and IX “General” if
everything is in order and no action is required, and should mention in his report
only matters which can most suitably be entered there for the guidance of the
district staff or the information of his successor. On completing his inspection,
he will at once take all such action as his powers permit to remedy defects, and
will refer to the Inspector-General grave defects or questions of principle with
which he himself has not the power to deal.

3. Duties of Deputy Inspector General of Police in his range.- The


Deputy Inspector-General is responsible for the general supervision of crime in
his range; he must seen that proper measures are taken to deal with serious
outbreaks, and must effect co-operation between districts. For this purpose he
must keep up registers of (1) dacoity, (2) murder, (3) robbery, (4) poisoning and
(5) miscellaneous cases in Inspector-General’s form No. 138. He will submit to
the Inspector-General a fortnightly report of crime which will include any matters
relating to his range of which he considers that the Inspector-General should be
informed. To this will be attached a statement of dacoities giving very brief
particulars of each case. He will forward to the Inspector General special reports
of crime in exceptional case. Superintendents must report direct to the Inspector-
General as well as to the Deputy Inspector-General matters of specially important
character regarding which Government may require immediate information e.g.,
serious breach of the peace, collisions between Europeans and Indians and
important matters of a political nature; but so far as possible, the Deputy
Inspector-General will be the channel through which the Inspector-General will
receive information. On receipt of district annual administration reports, the
Deputy Inspector-General will be the channel through which the Inspector-
General will receive information. On receipt of district annual administration
reports, the Deputy Inspector-General must prepare and submit to the Inspector-

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General a review for the whole of his range with a note on cases which deserve
special mention in the provincial report.

The Deputy Inspector-General of Police, Education and Training will be


responsible for supervision and co-operation of work in the Range Training
Centres which he will inspect from time to time. Apart from this, he will keep in
touch with the latest methods of training introduced elsewhere and adopt them
for use in the Police Training Institutions.

He will also supervise training at the Police Training College, Moradabad


the Armed Police Training Centre as well as the Police Motor Transport
Workshop at Sitapur and the Wireless Station at Lucknow, all of which excepting
the Police Motor Transport Workshop at Sitapur will remain under his
administrative control. He will undertake the revisions of the various Police
Training Manuals and draft manuals when necessary.

DEPUTY INSPECTOR-GENERAL, GOVERNMENT RAILWAY POLICE

4. Powers of Assistant to the Inspector-General, Government


Railway Police.- The Assistant to the Inspector-General in-charge of the
Government Railway Police has the powers, duties and responsibilities of a
Range Deputy Inspector-General in regard to the railway police sections in his
charge, except the power of dismissal of an Inspector or Sub-Inspector which
vests in the Deputy Inspector-General of Police Headquarters and Railway.

COMMISSIONER
5. Powers of Commissioner.- The term “Commissioner” wherever it
occurs in Police Regulations include a Collector, or Deputy Commissioner
incharge of a division.

The Commissioners of divisions exercise general power of supervision


over the District Magistrates of their respective division in matters relating to the
Police as in other branches of the administration. For their duties regarding the
Annual Administration Report (see paragraph 62 of the Office Manual).

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DISTRICT MAGISTRATE
6. Powers of District Magistrate of the district.- The District
Magistrate is the head of the criminal administration of the district, and in the
capacity controls and directs the action of the police. He has special powers with
reference to the allocation of village chaukidars in his district. He has
departmental powers in connection with the punishment of village chaukidars;
his approval is necessary to the transfer of inspectors and officers incharge of
police stations (paragraph 524) and he may recommend rewards and entries in
service and character rolls (paragraph 296 of the Office Manual). Such part of
the Superintendents’ correspondence with the Inspector-General as relates to
buildings, and as concerns or affects the general administration of the district by
the District Magistrate as Chief Executive Officer, must pass through the office
of the District Magistrate.

Provided that in the districts where the Collector/Deputy Commissioner is


Collector / Deputy Commissioner incharge of the division, his functions in regard
to the transfer of inspectors and Officers-in-charge of police stations will be
exercised by Additional District Magistrate (Executive).

7. Information to District Magistrate of all serious crimes and of


any sudden increase in volume of crime.- The District Magistrate should be
promptly informed by the Superintendent of the occurrence of all serious crimes
and of any sudden increase in the volume of crime generally and should receive
a fortnightly review of the crime in the district, its localization and causes.
Similar review of crime generally either fortnightly or monthly will be sent to the
Deputy Inspector-General in accordance with range orders. The Superintendent
should also keep the Magistrate informed of all events that are of importance
from a police point of view, and should frequently seek an opportunity of
discussing matters with him personally. When both officers are not at
headquarters or on tour together frequent demi-official correspondence should
take the place of oral discussion. If the Superintendent is on tour and the District
Magistrate is at headquarters, the police officer-in-charge at headquarters should

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give the District Magistrate all important information which might otherwise not
reach the Magistrate quickly enough through the Superintendent.

7-A. Powers of D.M. to ask the S.P. to institute an enquiry in case of


any instance of inaction, corruption, harassment, abuse of authority or
wrongful detention by police.- Whenever any instance of inaction, corruption,
harassment, abuse of authority and wrongful detention by the police comes to the
notice of the District Magistrate, he shall have the authority to ask the
Superintendent of Police to institute an enquiry promptly and report the result to
him along with all relevant records and papers. If any member of the police force
is found at fault as a result of the inquiry, the District Magistrate shall have the
power to ask the Superintendent of Police to take disciplinary action against him.
He will also advise the Superintendent of Police about the adequacy or otherwise
of the punishment awarded as a result of the disciplinary proceedings. The
District Magistrate and the Superintendent of Police shall jointly review every
month all such complaints and the action taken thereon.

7-B. Whenever a situation likely to have a bearing on the general law and
order situation arises in the district the superintendent of Police will immediately
inform the District Magistrate by the quickest means available and seek his
instructions in regard to the steps to be taken to meet the situation, unless
circumstances make it impracticable to do so. Further action to meet the situation
will be taken according to the instructions of and in close and continuous
consultation with the guidance from the District Magistrate.)

8. Instructions to DM in the exercise of his power of control.- The


District Magistrate in the exercise of his power of control should avoid doing
anything to weaken the Superintendent’s authority. Differences of opinion
should be adjusted privately and no friction between the two officers should be
apparent.

9. Inspection of Police Stations by D.M.- The District Magistrate


should normally inspect each Police Station once during a financial year.
However, in those districts in which an Additional District Magistrate

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(Executive) is posted the District Magistrate may entrust the inspections of less
important police stations to him. The District Magistrate should also see that the
Sub-Divisional Magistrates make at least one detailed inspection and one surprise
inspection of each police station in their Sub-divisions, during a financial year.
He must also impress on them that their duty is two-fold to support the police in
enforcing law and order, and to prevent injustice. He may direct any of his
subordinate Magistrates to inspect police stations, but third class Magistrates
should not ordinarily be directed to inspect them unless it is necessary as part of
their training. An inspection book with blank pages will be kept at every police
station to be used by Magistrates. A summary of crime in Form No. 390 should
be pasted on the inside of the cover of every such inspection book. This book
must be sent to the Superintendent of Police whenever an inspection note is made
in it and will be forwarded by him to the District Magistrate for information.

10. To obtain sanction of the DM to the expunction of a crime from


the crime register.- The sanction of the District Magistrate is necessary to the
expunction of a crime from the crime register, except railway police cases, for
the expunction of which the sanction of the Deputy Inspector- General of Police
incharge of the railway police must be obtained.

10-A. In the district in which the Collector / Deputy Commissioner is


Collector-in-charge or Deputy Commissioner-in-charge of the division, his
functions under this paragraph will be exercised by the Additional District
Magistrate (Executive).

11. The powers of a Superintendent in licensing and regulating


prosecutions.- The powers of a Superintendent or Assistant Superintendent
under Section 30 of Act V of 1861, in licensing and regulating prosecutions, must
be exercised subject to the control of the District Magistrate.

In most places where religious processions and public ceremonies such as


the Moharram are permitted, the route and the procedure to be followed are fixed
by custom of long standing or have been prescribed by competent authority. In
such cases it is the duty of the police to see that order is kept, and that no

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deviations are made from the route and procedure hitherto followed or prescribed.
If any section or individual member of the community decline to carry out their
processions or ceremonies at the time and in the manner prescribed, they should
be informed that they will not be allowed to carry them out after the prescribed
time, by any other route, or in any other manner.

In special cases not provided for by established custom or existing orders,


the police should apply for and follow the instructions of the District Magistrate
or in his absence, of the Sub-divisional or other Magistrate empowered to pass
an order under Section 144 of the Code of Criminal Procedure. Where owning
to the absence of a Magistrate, this is impossible, the officer-in-charge must use
his own discretion, basing his action on previous practice so far as this can be
ascertained.

SUPERINTENDENT OF POLICE

12. Status of Superintendent of Police.- The Superintendent is the


head of the police force in the district; he is responsible for its efficiency and
discipline and for the proper performance of its duties. He must see that the
orders of Courts and other competent authorities are promptly carried out.

All communications between magistrates and the police force must be


conveyed through him; all orders and instructions issued to the police must come
from him.

All magisterial Courts which are not situated at district headquarters may,
when issuing summonses, warrants or other processes under Chapter VI, VII and
X and Section 421 of the Code of Criminal Procedure, 1973 (2 of 1974), for
service within the sub-division in which the Court is situated, send them direct to
the police station concerned and not through the office of the Superintendent of
Police. Such processes will, after service, be returned direct to the Court
concerned and will not be sent through the office of the Superintendent of Police.

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13. Responsibilities of Superintendent of Police.-The Superintendent


when at headquarters should attend his office on all working days. He should
ordinarily transact in his office all official businesses, except such confidential
matters as he thinks it proper to dispose of at his residence.

At his residence he should be readily accessible to members of the public


who wish to visit him. He should encourage them to call on him and to
communicate their ideas freely. The more sources of information that he has
outside the force, the more efficient will he be as a police officer.

He should keep in touch with police pensioners residing in the district.

The Superintendent of Police must see that each police station in his
district is fully inspected by a gazette officer annually, in the manner laid down
in the memorandum on the inspection of police stations by gazette officers, and
he must himself visit every police station at least once a year.

Touring need not be confined to the cold weather, and, where inspection
houses are available, outlying police stations should be visited during the hot
weather and rains.

The Superintendent of Police should himself make a full inspection of each


police station at district headquarters in accordance with the memorandum, if
possible, once a year, but in any case at lease once in every three years.

The Superintendent must make an annual inspection of his reserve lines


between July 1 and the cold weather inspection of his district by the Deputy
Inspector-General. In making this inspection he should be guided by the
headings given under Head V of the form of district inspection report by Deputy
Inspector-General (Police Form No. 327). Lines inspection reports should be
entered in the English office inspection book.

The personal attendance of the Superintendent of Police at the yearly


conference on excise matters is essential.

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Superintendent of districts bordering on other provinces of Indian States should


arrange to meet the officials of neighbouring districts at lease once a year, and, if
possible, more frequently. A record of these meetings should be prepared by the
Superintendents and forwarded to the Range Deputy Inspector-General for
information.

14. To follow the directions contained in M.G.O.s, when a district


officer giving over a charge of a district.- The directions contained in the
Manual of Government Orders, regarding the preparation of a confidential
memorandum by a district officer giving over a charge of a district, should be
followed by Superintendent of Police. The subjects prescribed for the
memorandum should be changed to meet police requirements.

15. Entries in English Order Book (presently known as Hindi Order


Book).- The English order book will be written up daily by an officer not
below the rank of Inspector, and signed daily by the Superintendent, or, in his
absence, by the officer in-charge at headquarters. The Superintendent will on
return to headquarters, examine the entries and certify that he has checked them
for the period of his absence. The book will be retained for forty-five years after
its completion., in it will be entered every executive order concerning the internal
economy of the constabulary, e.g., orders regarding appointment, punishment,
transfer, leave, posting, and the supply and relief of guards and escorts.

In orders concerning escorts, the number of prisoners or amount of treasure


to be escorted should invariably be stated.

16. Entries of all cognizable crimes reported at police stations in


Crime Register.- All cognizable crimes reported at police stations must find
entry in the English crime register. A separate portion of this register shall be
assigned to each police station, and, within that portion, to each of the six classes
of crime specified in Statement ‘A’ attached to the Annual Administration
Report. If any particular crime, e.g., cattle theft is rife the Superintendent may
assign separate papers within the class to which it belongs.

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The Superintendent may direct his reader to fill up the first eight columns
of the register, the column of remarks he must fill up with his own hand; provided
that he may direct an Assistant or Deputy Superintendent incharge of a sub-
division to keep up the portion of the register relating to that sub-division, in
which case such officer must fill up all columns with his own hand. Entries in
all columns must be made punctually as case diaries and other material papers
become available. When the trial, or, if there is no trial, the investigation in any
case of importance, has come to an end the Superintendent must decide, on a
complete review of the facts, what, if any, notice favourable or otherwise, the
conduct of the police deserves, and must make a suitable final entry in the column
of remarks. He must also note in red ink in this column the names of all persons
suspected in case when in his opinion regarding suspicion is reasonable.

ASSISTANT AND DEPUTY SUPERINTENDENT OF POLICE

17. Powers and Duties of Assistant and Deputy Superintendent of


Police.- Assistant and Deputy Superintendents may perform any of the
Superintendent’s work which he is not obliged by law or rule to do personally.
They may make inquiries and recommendations even when they are not
empowered to pass final orders. They should go on tour and make inspections.
Their services should be used freely in the supervision and direction of important
investigations. An officer who has obtained the certificate required by paragraph
528 must be placed in charge of part of the district under the Superintendent’s
control.

An Assistant Superintendent who has qualified for the charge of a district


will hold charge of headquarters during the absence of the Superintendent. When
no such officer is available, the senior gazette officer-in length of service in the
gazette ranks will normally hold charge. If the Superintendent proposes a
departure from the normal, a reference must be made to the Range Deputy
Inspector-General.

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46

When no gazette officer is present at headquarters, the Superintendent


should place incharge of his office one of the English-knowing Inspectors at
headquarters.

Certain Assistant Superintendents and Deputy Superintendents of Police


enumerated in paragraph 479 (f) are empowered, subject to certain restrictions
(see paragraph 491), to perform the duties of a Superintendent of Police under
Section 7 of the Police Act in so far as they relate to officers below the rank of
Inspector.

Other Assistant Superintendents and Deputy Superintendents who have


been confirmed in their appointments are empowered under certain restrictions
to perform the duties of Superintendent of Police under Section 7 of the Police
Act in so far as they relate to the suspension of police officers and to the award
to police officers of the punishments specified in Section 7 (b) of the Act [see
paragraph 479 (g)].

All Deputy Superintendents of Police are empowered to perform the duties


of a Superintendent of Police under Sections 30 and 30-A of the Police Act.

All Assistant and Deputy Superintendents of Police officiating incharge of


district shall, until exempted by the Deputy Inspector-General of their range,
submit to the latter for approval copies of all standing circular orders that they
may propose to issue, together with explanations, where necessary of the reason
for these orders.

17-A. Senior Public Prosecutor.- [Omitted]

CHAPTER II
RESERVE INSPECTORS AND RESERVE SUB-INSPECTORS

18. Responsibilities of Reserve Inspector (R.L.).- The Reserve


Inspector is the officer-in-charge of the reserve lines. He must tell off and inspect

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all guards and escorts required from the reserve lines and see that the officers in
command are thoroughly acquainted with their duties. He shall parade any party
of police about to be sent out of the district kit with them. He shall see that the
daily roll-call is held. He must see that the roster of duties (Form No. 97) is
correctly maintained by company commanders for all officers and men of the
armed police, and for such of the civil police as are posted in the reserve lines,
and he is personally responsible that the duties of all men in the reserve are
correctly and fairly distributed. He must write the first two columns of the roster
in English or have them written by a Reserve Sub-Inspector, and he must initial
and date the roster daily. He must daily submit to the Superintendent a morning
report in Form No. 30. He is entitled to an orderly peon, but not to a police
orderly or a guard on his house at night.

19. Responsibilities of Reserve Inspector regarding safe custody of


arms, ammunition and stores.- He is responsible for the safe custody of the
clothing, accoutrements, arms, ammunition, tents and stores in the reserve, and
for the correctness of the registers maintained for them.

20. Responsibilities of Reserve Inspector for the training of


recruits.- He is responsible for the training of recruits (see Chapter XXXVII) and
for the instruction and exercise of the whole force in drill.

21. Duties of R.I. for weekly kit inspection and annual firing.- He
shall hold the weekly kit inspection, and be present at the firing of the annual
musketry and revolver course on occasion when he is not relieved of these duties
by the Superintendent, Assistant or Deputy Superintendent.

22. Inspection of all guards and sentries by R.I. at headquarters


deputed from reserve lines.- He shall occasionally visit by day and night all
guards and sentries at headquarters deputed from the reserve lines, reporting such
visits to the Superintendent on the same or the next day; he must daily visit the
treasury magazine and lock-up guards, and enter a note of each such visit in the
book provided for the purpose.

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48

He shall command guards attending executions of capital sentences and


should accompany European troops on the march when he can be spared. For his
duties in these respects (see Rules for Guards and Escorts).

23. Employment of R.I. to command escorts and guards on special


occasions.- He may be employed to command escorts and guards on special
occasions, when his presence is considered necessary on account of the danger
of a disturbance or the importance of the charge, or for ceremonial purposes. He
may be entrusted for the maintenance of law and order or for administrative
purposes, with any executive duties which the Superintendent thinks fit to assign
to him. A European Inspector should be employed, if possible when action has
to be taken against Europeans, and if, the circumstances of the case require his
agency, when process have to be served on them, or communications made to
them. European Inspectors may be directed to investigate cases in which
Europeans are concerned, but should not be employed in other investigations
except in every special circumstances.

24. Duties of Reserve Sub-Inspector (R.S.I.).- The Reserve Sub-


Inspector must give to the Reserve Inspector any assistance which the latter
requires in the management of the reserve and may be told off by the
Superintendent to command escorts and guards, to regular traffic, to maintain
order at places of resort to patrol roads, to visit guards and sentries and to perform
any of the duties mentioned in this chapter. The Superintendent may allow the
Reserve Inspector to tell off the Reserve Sub-Inspector for duties.

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CHAPTER III
PUBLIC PROSECUTORS AND THEIR SUBORDINATES

25-39. [Omitted Vide by Government Order No. 2302/VIII-2-10 (10)-74


dated27-3-74 from Police Regulation]

(Para 17-A and Chapter III (Paras 25 to 39) pertaining to the Senior Public
Prosecutor, Public Prosecutor and their subordinate. The Government Order No.
2302/VIII-2-10 (10)-74, dated 27-3-74 from Home (Police) furnished the
appointments of these officers under the Police Act No. V of 1861 and deleted
the provision of their being police officers under the Police Regulations.

The provisions of Police Regulation relating to P.P. and their subordinates


remained no more applicable. Thus the para 17-A and Chapter III (para 25 to
para 38) is deleted from the immediate effect and its of no use.

Presently Prosecution Officers are governed by U.P. Assistant Public


Prosecutors Appointment Rules, 1974 which were applicable by the G.O. No.
2303/VIII-2-10 dtd. 22-3-74 by Home (Police) Anubhag-2. Prosecution Officers
are presently governed by aforesaid rules as amended from time to time and the
directions issued by the Government or the Director of Prosecution. The
immediate disciplinary control over the A.P.P. shall be exercised by the D.M.

CHAPTER IV
CIRCLE INSPECTORS

40. Principal dut51ies of Circle Inspectors.- The principal duty of the


Circle Inspector is to supervise the investigation and prevention of crime, to co-
ordinate preventive and detective work in police circles, co-operating with other
circle inspectors for this purpose and to see that the police, and more particularly
the station officers subordinate to him, perform their duties honestly and
efficiently. His energies must not be dissipated in unnecessary clerical work in
connection with his office or with the inspection of police stations.

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He will maintain a crime register for his circle and will receive copies of
all first information reports of cognizable crime direct from police stations, but
his notes in the register should be an index of action taken for the detection and
prevention of organized and serious crime, and the register should not be
swamped with details regarding petty offences. He will inspect each police
station in his circle once a year, following the instructions given in the
memorandum on the inspection of police stations by Circle Inspectors, paying
attention chiefly to matters connected with the prevention and detection of crime.
He should visit the scene of occurrence and guide investigation in all important
cases, and may be deputed by the Superintendent to conduct investigations
himself. Whenever he attends an investigation he will not only sign the case
diary for the time of its attendance, but must also record therein in detail all
instructions which he may find it necessary to give to the investigating officer
regarding the future conduct of the case.

The Circle Inspector will also draw up monthly survey of crime in his
circle in which he will show what measures he has initiated during the month for
the prevention and detection of crime and any further action still required. This
survey should be police station-wise and should go through the circle officer to
the Superintendent of Police.

Details of his duties in regard to surveillance, to which he should devote


particular attention, are given in paragraph 251. He must make himself
acquainted with the people and acquire local knowledge of every part of his
circle.

41. Other duties of Circle Inspector.- It will also be the duty of the
Circle Inspector:
I. To keep the Superintendent informed of every occurrence in
the circle which the Superintendent or the District Magistrate
ought to know of, in the interest of the administration. It is
especially his duty to report any feeling of disaffection
towards the measures of Government, and the spreading of

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any movement, scare or rumour which may cause trouble, if


not checked.
II. To take command of a police force employed in suppressing
a riot or otherwise actively maintaining order, when he is the
senior police officer present.
III. To keep a diary in Form No. 3, recording his movements, also
a confidential note-book recording notes on all matters which
he has to bring to the notice of the Superintendent, but cannot
suitably mention in his inspection reports.
[IV. To inspect shops licensed under the Arms and Explosives Act
(see pages 61-62 of the Explosive Manual (1908) and
paragraph 28 (4), Indian Arms Rules, (1924)].
V. To keep the Superintendent informed of the conduct of the
subordinate police of his circle and of the manner in which
they perform their duties and to make such preliminary
inquiries in departmental cases as the Superintendent may
direct.

42. Responsibilities given to Circle Inspector by the Inspector


General.- In districts where the number of police stations is in the opinion of the
Inspector-General too great in proportion to the number of Circle Inspectors for
the latter to exercise the full control required by paragraphs 40 and 41, the Circle
Inspector will be relieved of certain responsibilities, as follows:

(1) He will receive first information reports of offences only of the


classes enumerated in paragraph 101 and of such others as the Superintendent of
Police maya direct and his crime register will be maintained for offences of these
classes only;
(2) The orders requiring every Circle Inspector to make a complete
inspection of each police station in his circle annually will not apply to him;
(3) His responsibility for surveillance for preventive action for keeping
his superior officers informed of important occurrences and movements
[paragraph 41(1)] and for the co-ordination of measures for the suppression of

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crime of the classes for which he has been made responsible under clause (1)
above, will be maintained. For these purposes he will tour and visit villages and
police stations. He will also continue to be bound by para (II, III and IV).
Otherwise his principal duties will be to make or supervise such investigation and
enquiries in criminal and departmental cases and to inspect such police stations
as his Superintendent of Police may from time to time direct.

CHAPTER V
SUB-INSPECTORS AND UNDER OFFICERS OF THE CIVIL POLICE

Officer-in-charge of a Station

43. Officer-in-charge of a police station.- The officer in-charge of a


police station is a Sub-Inspector. Within the limits of his charge he conducts the
police administration and has authority over all branches of the force. He is
responsible for the efficiency of his subordinates, for the proper performance of
their duties and for the correctness of all registers, records, returns and reports
prepared by them. He is responsible for the safe custody of all Government
moneys and valuable property at the police station and for the correct
maintenance of his account books. He must instruct them in their work, keep
them under control and maintain discipline.

44. Abilities of Officer-in-charge of a police station.- He must acquire


a thorough local knowledge of his charge and become acquainted with all the
principle people in it. He should treat village headman with courtesy, and try to
secure their cordial assistance. He must be considerate to village chaukidars and
encourage them to give him information. He must keep a strict watch on bad
characters to prevent them from committing offences either within or without the
limits of the station. He will communicate intelligence promptly to his superiors
and to officer-in-charge of other police stations, using the telephone or telegraph,
if available, and the U.P. Police Telegraphic Code, for the prompt dissemination
of important information.

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45. Confidential Note Book of Officer-in-charge.- He must keep a


confidential note-book in the prescribed form and record therein useful
information which will not find a place in any official register, e.g., the names of
persons who will give secret intelligence, confidential remarks about
subordinates and others. He shall make this note-book over to his successor.

46. Duties of Officer-in-charge of a police station.- He shall drill his


subordinates to the extent prescribed by Paragraph 546.

He shall examine his constables periodically in their knowledge of their


beats and duties as laid down in the “Guide for Training of Constables.”

Once a week he shall make a thorough inspection of the kit of the police
stationed at or near his headquarters including the tahsil guard, if any, and report
any deficiencies. He shall periodically satisfy himself that all his subordinates,
of every branch of the force, who cannot attend the weekly kit inspections, have
all their proper uniform and equipment.

The fire-arms with their bayonets, pouches and stores and all other
weapons at the police station, shall be in his personal charge. They shall be given
out of store for specific duty only, and be returned to store when no longer
required for immediate use.

He shall keep all his subordinates, including the rural police, acquainted
with as much of the Police Gazette, Criminal Intelligence Gazette, and other
information received at the station as concern them.

47. Power of S.O. to allow his subordinates to go off duty.- He may


allow his subordinates to go off duty and leave the station house, when they can
be spared, but if he allows any officer to be absent for the night he must record
the reason in the general diary.

48. Miscellaneous Important duties of a Station-Officer-in-charge.-


During his presence at the station house he shall personally open the post and

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receive all orders, communications and reports sent or made there, he shall sign
the general diary, arrange for the duties of the day, and give any directions that
may be required; he shall inspect the Malkhana daily. He shall check the account
books, compared them with relevant entries in the general diary and verify the
cash balance, daily. Money transactions and entries made in his absence must be
checked by him on his return and the result of the check must be noted in the
cash-book. When he deputes a subordinate officer to make an investigation under
Section 157 of the Code of Criminal Procedure, 1973 (2 of 1974) he must see,
before forwarding the report required by Section 173, that the investigation has
been properly made.

49. Definition of Officer-in-charge.- For the definition of the term


“officer-in-charge of a police-station” – See Section 2 (o) of the Code of Criminal
Procedure, 1973 (2 of 1974). The local Government have empowered the senior
literate constable present to hold charge of the station within the meaning of that
section, when no officer above the rank of constable is present at the station
house, but he may not make investigations.

The making and taking over charge of the station officer’s duties shall be
recorded in the general diary; the entry shall signed by both officers.

When the officer temporarily incharge of a station is a head constable, he


should not exercise the powers of an officer-in-charge of a station under Section
157 of the Code of Criminal Procedure except in a case of extreme urgency.

50. Change Certificate of Station Officer.- Whenever permanent


charge of station officer takes place, a formal charge certificate shall be submitted
by the relieving officer to the Superintendent in Form No. 299.

A copy of the list of all Government property including arms and


ammunition at the police station shall be attached to the certificate and the relieve
officer must explain any deficiencies or damage that may have occurred during
his tenure of office.

Subordinate Sub-Inspectors

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51. Duties of the Second Officer.- The Second Officer at a police


station is a Sub-Inspector. His duties are-
(1) to assemble the morning parade;
(2) to tell off subordinates for duty according to the directions of the
officer-in-charge, to give them instructions, and to see that their
duties are properly performed;
(3) to report to the officer-in-charge, all defects or omission in the
performance of duties by subordinates;
(4) to investigation cases made over to him by the officer-in-charge, and
to report to him the result of his investigations;
(5) to drill the police attached to the station;
(6) to obey the orders of the officer-in-charge, and to see that these
orders are obeyed by the subordinate police.

52. If no Second Officer is in police station, junior to the Second


Officer to perform duties of Second Officer.- There can be no Second Officer
at a station where the officer-in-charge is the only Sub-Inspector. Where there
are more than two Sub-Inspectors those junior to the Second Officer will perform
such duties, as are made over to them by the officer-in-charge.
53. [Omitted]
54. [Omitted]

Head Constable Station-writer


55. Duties of Head Constable-Station writer.- The head constable
station-writer is the office clerk, record-keeper and accountant of the police
station. His duties are-

(1) to write up general diary and the first information reports of


crime (see paragraphs 294 to 296 and 98, 99 and 102);
(2) to maintain the vernacular cash-book (Police Form No. 224)
and other account books and to be responsible along with
officer-in-charge of the police station, for the safe custody of

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all Government moneys and valuable property at the police


station;
(3) to bring every morning to the notice of the officer-in-charge
all orders pending execution;
(4) to record on their boards the attendance of village chaukidars
when they make their periodical visits to the station and to
make entries in their books when entries are required;
(5) to read aloud to constables notification in the Police Gazette
and Criminal Intelligence Gazette and such other papers as
the officer-in-charge may select;
(6) to complete returns, acquaintance rolls, and pay abstracts;
prepare registers and do any other clerical work which may
be assigned to him by the officer-in-charge;
(7) to keep all books and records;
(8) where there is no Second Officer, to perform the duties
mentioned in paragraph 51, except (4);
(9) to hold inquests under Section 174 of the Code of Criminal
Procedure if specifically empowered by the Superintendent of
Police to do so.

56. Literate police officer will give assistance to head constable-


station writer.- Other literate police officer attached to the station will give the
station writer such assistance in the discharge of his duties as the officer-in-
charge may direct.

57. Head constable as in-charge of the station.- When the head


constable is in-charge of the station (see paragraph 49) and has to make
investigation under Section 157 of the Code of Criminal Procedure, 1973 (2 of
1974), he shall make over his clerical duties, and if he leaves the station, station-
in-charge, to the next senior literate head constable or constable and carry on the
investigation until he is relieved by a Sub-Inspector or the work is finished. On
no other occasions may a constable (other than an investigation head constable)
make an investigation.

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The making over and taking over charge of the station-writer’s duties shall
be recorded in the general diary and the entry shall be signed by the relieved and
reliving officers.

Head Constable in-charge of Outpost


58. Responsibility of Head Constable as-in-charge of Outpost.- The
head constable of an outpost is responsible for the orderly conduct and discipline
of the constables under his charge. He shall inspect them at daybreak and at sunset
every day; he shall tell them off for duty and see that they do their work properly.
He shall be in constant communication with the officer-in-charge of the station,
shall immediately report to him cognizable crimes and important occurrences,
and shall make at intervals fixed by the Superintendent, periodical reports on the
discipline of his subordinates and the performance of their duties. He may not
make investigations but may hold inquests when specifically empowered by the
Superintendent of Police to do so.

59. Duties on Outposts.- The sphere of action and the special duties
of the police of each outpost will be determined by the officer-in-charge of the
station under the orders of superior authorities. The system of patrolling will be
prescribed.

60. [Omitted]

Constables

61. Constables of civil police.- Constables of the civil Police will


not be armed except on special occasions. Their principle duty is the prevention
of crime.
They must be courteous and considerate to the public whose servants they
are.
Every constable on duty, except when deputed on special detective work
requiring disguise, shall wear the prescribed uniform.

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62. Duties of Sentry.- There shall be a sentry for night and day at each
police station, it shall be his duty to guard the prisoners in the lock-up, the treasure
chest, and malkhana and all property in the station.
The Officer-in-charge will allot the sentry duty, distributing brass tokens,
numbered consecutively, among the men told off. Sentry duty will be distributed
twice a day in the morning and evening. The term of sentry duty will be three
hours. Sentries must be posted and relieved by a sub-inspector or head-constable
during the day time and also at night unless there are no prisoners in the lock-up
and no important case property and less than Rs..500 in the malkhana. Whether
sentries are posted and relieved by a superior officer or not, each sentry, on being
relieved, will exchange token with the relieving sentry. Under this system the
sentry on duty will always hold token No. 1, as this token will be given to the
first sentry and passed on from sentry to sentry, on relief. The relieving sentry
shall invariably examine the lock of the treasure chest and count the prisoners in
the lock-up in the presence of the relieved sentry. The keys of the treasure chest
and the lock-up shall be kept by the senior officer present in the station.

When it is necessary for an officer to post and relieve sentries at night, the
evening report of distribution of duties must show which officer will do so.

When prisoners are to be admitted or removed from the lock-up the senior
officer present will open it himself or have it opened in his presence.
The duties of each station should be allotted fairly every day, so that each
man may have in turn his portion of night and day duty, and of hard and easy
work.

63. Division of Police station circle into beats and duties of beat
constables.- Police station circles shall be divided into beats and one more
constable appointed to each beat. A constable shall not be sent out unless
charged with some specified duty, but when sent he should be instructed to make
inquiries on his way about persons under surveillance, absconded offenders,

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wandering tribes and passing events, on return to the station house he should
make a report to the officer-in-charge.

Ordinarily a constable should not be away from his station house or outpost
for more than three days and two nights consecutively, the officer who sends him
out should fix the time of his absence subject to any extension required by
unforeseen events.

64. District Police entitled to appear and to remain on Railway


platforms.- District police are entitled when on duty to appear and to remain on
the platforms of railway stations. A station master has no power to order the
removal of district police constable who may be on duty at his railway station.
Even plain clothed constable of the district police sent on duty to railway station
shall carry a written general order from the sub-inspector deputing him, and must
produce it before the station master if required.

CHAPTER VI
ARMED POLICE

65. Works of Armed Police.- The armed Police are intended for
the protection of treasuries, tahsils and lock-ups, for the escort of treasure,
prisoners and Government property, for service of magazine and quarter guards,
for the suppression and prevention of disorder and crimes of violence, and for the
pursuit and apprehension of dangerous criminals.

This Branch of the force is under the special charge of Deputy Inspectors
General who are responsible that Superintendents maintain discipline and
efficiency.

66. Sub Inspectors of Armed police : works and duties.- Sub-


Inspectors of the armed police command, important guards and escorts, maintain
discipline and order in the police lines, give instructions in drill, musketry and

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guard duties, visit guards and sentries by day and night, take the roll-call of men
in the lines, and act generally under the orders of the reserve inspector.

67. Head Constables of Armed Police: works and duties.- Head


constables of the armed police are employed to command guards and escorts, to
give instructions in drill, and generally to perform the duties which could devolve
on non-commissioned officers in the army. When incharge of outposts they will
follow the instructions given in paragraph 58.

68. Orders of Magistrate in a Riot or affray.- Magistrates who have


occasion to give discretions, in a riot or affray, to police, should communicate
their orders to the police through the police officer in command.

69. Deputation of Armed forces on various occasions.- (1) On


occasions of important processions or religious ceremonies when armed police
are deputed at headquarters, unless there are good reasons to the contrary the
Superintendent of Police will be responsible for the police arrangements and a
gazette officer, or an inspector should, when possible, be placed in command of
the armed police employed. In the rural area also a gazette officer or inspector
should be placed incharge when there is reason to apprehend serious trouble.

It is invariably the duty of the Superintendent to satisfy himself that the


officers who will have control over or who will command the armed police are
sufficiently responsible and competent.

(2) Police armed with firearms should ordinarily not be used on


occasions of processions or other ceremonies, except as a reserve force to deal
with a possible disturbance. The position such a reserve force should take will
be governed by special circumstances and instructions below:

(3) Bodies of Armed Police should never escort processions. They


should be at point where there is danger of disturbance or should be held in
reserve as a moving picket either in front or in real of the procession where they
are in least danger of being thrown into confusion by the mob, and can be kept

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under the control of the officer-in-command and of their under-officers. As far


as possible, the armed detachments should consist of both Hindus and
Mohammedans in normal proportion and the proportion should be served out for
use on such occasions.

(4) It is the duty of the Superintendent of Police on the occasion of all


such deputations of both armed and civil police, to assign the duties which
officers and men have to perform. Clear, general and special orders should be
drawn up and communicated, showing definitely the positions of each body of
police and the duties they have to perform. Such orders should be made out for
all such occasions when police are employed, and should remain on record for
future guidance. When for any reason, it is found necessary to depute police for
the first time, or to augment the strength usually employed, it is imperative that
special orders on such lines should be prepared and issued.

70. Use of force by the police against the crowd.- Instructions


regarding the use of force by the police against the crowd are as follows :
Section A – Legal Authority
The legal provisions regulating the use of force by the police are contained
in Chapter V (especially Section 6 and 49) and Chapter X and Section 129 (1)
and (2) of the Criminal Procedure Code, 1973 (2 of 1974). These legal provisions
apply to the use of force in the dispersal of an unlawful assembly and also of an
assembly of five or more persons which, though not an unlawful assembly within
the meaning of Section 141, Indian Penal Code is such as is likely to cause a
disturbance of the public place.

Any officer-in-charge of a police station or police officer of higher rank


has power, independently of the authority of a Magistrate, to call upon an
assembly as specified above to disperse, and to use force to disperse it (See
Section 129(1), Criminal Procedure Code, 1973 (2 of 1974).

Note.- In Section B, C and D of this paragraph “Magistrate” means –


(a) If a gazetted police officer is present “any first class Magistrate.”

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(b) If no gazette police officer is present “any Magistrate other than


an honorary or special Magistrate.”

Section B – Action when Attendance of Magistrate can/cannot be secured


When a Magistrate is present or can be communicated with, without such
delay as would prejudice the situation, assembly shall not be called upon to
disperse nor shall force be used to disperse it without the orders of such
Magistrate. If the presence of a Magistrate cannot be secured without such delay
as would prejudice the situation, the senior police officer present, having the
powers of an officer-in-charge of a police station or higher powers, shall act on
his own responsibility, but shall, as soon as possible, communicate with and
report his action to the nearest Magistrate and to the Superintendent of Police.

Section C – Main principles governing the use of Force


The main principles governing the use of any kind are-
(1) the Magistrate, if present, and the senior police officer should act
throughout in co-operation,
(2) all attempts to disperse a crowd by warnings and exhortation
shall be made before it is ordered to disperse,
(3) once the order to disperse has been defied or when, after the order
has been given the attitude of the crowd remains defiant, force
shall be used,
(4) if a Magistrate is present, the responsibility for using force shall
rest with him and it is form him to direct the senior police officer
to use force. If no Magistrate is present the responsibility rest
with the senior police officer.
(5) the Magistrate if present, or if no Magistrate is present, the senior
police officer is responsible for seeing that the minimum force
necessary for the effective dispersal of the crowd and the making
of necessary arrest is used.
(6) the kind and duration of the force used shall, subject to the
reservation in Clause 7, be decided by the senior police officer
and the least deadly weapon, of which the circumstances permit,

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shall be used. No ulterior object, such as punitive or repressive


effect, shall be taken into consideration.
(7) the use of force must cease immediately the object has been
attained. The Magistrate, if present, has power to decide when
sufficient force has been applied. He should make this decision
after consultation with the senior police officer.

Section D – Rules governing the use of Firearms


(1) Fire shall be opened only if the Magistrate, or if no Magistrate is
present, the police officer-in-charge deems it absolutely necessary to open fire
for the protection of life or property.
(2) If a Magistrate is present, the responsibility for ordering the use of
firearms will rest with him and he will direct the senior police officer present to
open fire.
(3) When the Magistrate has ordered the senior police officer to open
fire, he shall not fetter the discretion of that officer by prescribing the number of
rounds to be fired. The senior police officer will invariably give the order to fire
and be responsible for controlling such fire.
(4) The order to stop firing shall be given by the senior police officer as
soon as the crowd shows a disposition or retire to disperse.
The Magistrate , if present, has power to order the senior police officer to
stop firing. Such order should be given after consultation with the senior police
officer.
(5) Whenever firing has taken place, the senior police officer present shall
unless the duty is taken over by a Magistrate, record detailed information of the
events leading to the firing, the reasons why firing was considered necessary the
consequences of the firing with particulars of the dead and injured persons and
all other relevant details.

Section E – Form detailed instructions for the guidance of Police Officers


When the use of Firearms is necessary
In order that the decision to open fire may be promptly acted upon without
loss of control or confusion, the senior police officer shall, as soon as it appears

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like that the use of firearms will be necessary, tell off a detachment of armed
police to be held in readiness. When fire is opened , the senior police officer shall
decide the minimum volume necessary to be effective in the circumstances and
shall accordingly give precise orders as to the particular men or files who are to
fire and whether volleys or independent aimed shots are to be fired, and shall
ensure that his orders are not exceeded and that no firing contrary to or without
orders takes place, unless under-officers and men find themselves obliged to fire
in the exercise of their right of private defence. Only one volley should be
ordered at a time, except in cases of extreme urgency, and firing shall cease the
instant it is no longer necessary. The objective should be clearly indicated and
whatever volume of fire is ordered, it shall be applied with the maximum of
effect. The aim must be kept low and directed against the most threatening parts
of the crowd. Firing must never be in the air or over the heads of or at the fringes
of the crowed, as thereby the crowd will merely be encouraged to further
violence. For the same reason blank cartridges must never be served out to police
employed or likely to be employed against a crowd. After the command “Stop
firing, unload” a careful check should be made of fired and missing cartridges
and the number of rounds fired and the result must be noted. This should be done
by each under-officer for his section at once and he should ascertain further that
all men are present directly firing ceases. The senior officer present should
satisfy himself personally that this has been done. Each under-officer should be
made responsible for his men, and indiscriminate firing or independent action,
should in ordinary circumstances, be severely dealt with.

To ensure proper control of these lines, constant practice is required in the


Police Lines and the matter will receive attention from Deputy Inspector General
at their inspections.

After any disturbance necessitating firing by the police, as soon as order


has been restored, action will immediately be taken (a) to secure the maintenance
of order by the posting of pickets or the organization of patrols, and (b) to remove
the dead for post-mortem examination and to secure medical and other attention
for the wounded and injured. If the senior police officer present is not the

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Superintendent of Police, he will immediately send a report of the occurrence to


the Superintendent of Police and District Magistrate.

71. Requisition of Armed police.- A requisition for armed police in


excess of the district allocation should, if possible, be made to the Deputy
Inspector-General at least six weeks before the date on which the additional force
is required, and will be sent through the District Magistrate and the
Commissioner provided that in case where this will cause delays application
maya be made semi-officially after consultation with the District Magistrate.
Armed police should not be paraded as a demonstration on very slight occasion,
but used only when, the civil police are obviously unable to cope with a situation.
Armed police must be restricted to their proper duties, and not dispersed in small
outposts where they are of little use.

72. Constables of Armed police as bicycle orderlies to the Governor.-


Six constables of armed police are supplied by the Superintendent of Police,
Lucknow, as bicycle orderlies to the Governor. When the Governor is on tour
away from Lucknow, urgent application for short leave from these orderlies will
be dealt with by the Military Secretary. If he sanctions leave and requires a relief
he will apply to the local Superintendent of Police. Similarly, if a bicycle orderly
falls sick when on tour, he will be sent to the police hospital of the district where
he is at the time, and the Superintendent of Police will be informed and if a relief
is required, will be asked to obtain one. In either case the local Superintendent
of Police should request the Superintendent of Police, Lucknow, to send a relief
immediately. Relief will accompany the Governor’s camp until returned by the
Military Secretary. On the conclusion of a tour which ends in the Governor’s
departure to Naini Tal, the Military Secretary will send the bicycle orderlies to
the reserve lines at the headquarters of the district in which the tour ends, and will
request the Superintendent of Police concerned to return them to Lucknow. The
Superintendent of Police of any district visited by the Governor will, at the
request of the Military Secretary, have tents for the bicycle orderlies pitched in
the Governor’s camp.

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In certain districts and the Police Training College the sanctioned


allocation provides for the appointment of armed police constables as bicycle
orderlies at the rate of 2 constables to each machine; and where two machines
have been allotted 5 constables, including one for the contingent reserve, have
been provided.

CHAPTER VII
ARMED TRAINING RESERVE

73. Reserve of armed police.- A reserve of armed police is maintained


in every district. Its strength is fixed for each district.

74. Time limit for the service is armed reserve.- Service in the armed
reserve must be assigned by roster so as to pass every member of the armed police
through the reserve in turn. The period of service should not exceed two months.
The reserved should be relieved en bloc, but for special reasons the
Superintendent may order a man to serve in the reserve for a second consecutive
period.

75. Limits of leave of the men in armed reserve.- The Superintendent


may assign men on leave to the reserve, but the proportion of such men must not
exceed 11/8th of the reserves. Leave may be granted to a member of the reserve
only when it is very urgently needed on account of illness or specifically urgent
private affairs.

Recruits with not less than a year’s service may be assigned to the reserve
but the proportion of recruits must not exceed the actual proportion of recruits
with not less than a year’s service to the total sanctioned strength of the armed
police.

When the total number of vacancies in the armed police exceeds 20 per
cent of sanctioned strength and the number of recruits with less than one year’s
service exceeds the number of recruits with more than one year’s service, recruits
with more than one year’s service may be regarded as efficient constables for the

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purpose of assignment to the reserve. Recruits with more than six month’s
service may then be posted to the reserve in the proportion specified in the first
clause of this paragraph. Exceptional arrangements under this clause require the
previous approval of the Deputy Inspector General of the range.

76. Deputation of armed police for special duty.- When armed police
are deputed for special duty in another district, they should be supplied from this
reserve unless the officer who orders the deputation directs otherwise.

The reserve may be employed within the district on special dacoity duty,
to keep order at fairs and other large gatherings, or to assist in preventing a serious
breach of the peace. Detailed information of the employment of the reserve on
such duty must be sent to the Deputy Inspector-General without delay.
Permission to employ the reserve is restricted to special occasions, but there is
no objection to the employment of portion of the reserve on night patrol duty
headquarters; this may be regarded as part of the ordinary training of the reserve
and need not be reported to the Deputy Inspector-General.

77. Restriction of duties for the member of reserve.- Member of the


reserve may not be employed on routine duty, such as guard or-escort duty, unless
the occasion is urgent and the requisite police cannot otherwise be provided. A
call on the reserve should be avoided whenever civil police are available and can
safely be employed, to supplement the armed police. Whenever any member of
the reserve is employed on routine duty, the Superintendent must immediately
send a detailed report to the Inspector-General explaining the reasons. If the
Superintendent is not at headquarters, and if orders cannot be obtained from him
before members of the reserve are detailed for routine duty, this report should be
prepared and despatched by the senior officer at headquarters, who must submit
a copy to the Superintendent.

78. Maintenance of armed training reserve.- The armed training reserve


must, in each period of training be put through a complete course in drill,
musketry, observation, the general duties of armed police, elementary law and

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such other portions of the lines school curriculum as the Superintendent considers
suitable.

CHAPTER VIII
MOUNTED POLICE
79. Duties of mounted police.- The following are the duties prescribed
for the mounted police :

(1) Patrolling roads,


(2) Escorting prisoners and treasure
(3) Conveying communications of special urgency
(4) Following up criminals
(5) Suppressing organized dacoity or other disturbances
(6) Ceremonial escorts
(7) Traffic control duty.

Two mounted orderlies are allowed to each of the members of the Board
of Revenue while on tour in the plains, and to Commissioners while on tour in
their divisions.

Mounted orderlies will be given at all times on the requisition of


Commissioners and District Magistrates to carry communications of special
urgency.

80. Formation of mounted police.- Mounted police are formed into


troops at certain headquarters. They are required to keep up a thorough
knowledge of the duties enumerated in paragraph 84 and 85 and to keep their
horses in good condition and their uniforms, arms and accoutrements clean, smart
and serviceable. A trumpeter shall be attached to each troop.

81. Duties of Sub-Inspectors and Head Constable’s in mounted


police.- The duties of sub-inspectors and head constables of the mounted
police are similar to those of Indian officers and non-commissioned officers in

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the Army, they must be competent cavalry drill instructors, and are responsible
for the efficiency of the men and horses in their troops.
A mounted head constable must be told off at headquarters as day officer-
in-charge of horses. Sub-Inspectors of the mounted police will take their turn
with sub-inspectors of the armed police as day officers for the whole reserve.
The mounted police will supply a quarter guard under a head constable over their
lines.

82. Roaster of duty at troop headquarters.- At troop headquarters


the reserve inspector shall keep up a roster of duty (Form No. 95) for all men
proceeding on outstation duty. All should be treated fairly in this respect. The
troop-sub-inspector shall keep up a daily roster for all men told off for duty at
headquarters.

83. Inspection before forces deputed to other districts.- The


Superintendent at troop headquarters will have all forces deputed to other districts
carefully inspected before they leave. Superintendents and reserve inspectors of
districts to which mounted police are deputed from the headquarters of troops are
responsible that horses, accoutrements, horse-furniture and stable gear are kept
in good condition. A parade should be held as soon as a force arrives, and
deficiencies should be reported to the Superintendent of Police at troop
headquarters. The Superintendent of Police at troop headquarters should hold a
parade on the return of the force. A command certificate must be given to every
force proceeding to or returning from an outstation.

Training of Mounted Police


84. Training of mounted police.- All mounted police recruits,
including men transferred from the foot police, will be trained in accordance with
orders contained in paragraph (45) and will be on probation for two years.
Constables transferred from the foot police to the mounted branch may count
towards this probationary period any period of service they may have already had
in the foot police up to a maximum of 16 months, but no constable transferred
from the foot police to the mounted police will be on probation for less than 8

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months in the mounted police, whatever his length of service. At the end of the
probationary period, mounted constables will be confirmed if they have
succeeded in qualifying at the recruits course of instruction and provided that
their conduct has been good.

They must be so trained-

(1) that they can ride well and habdle a horse in a troop on parade
efficiently;
(2) that they can saddle and unsaddle horse properly, that they
can take the whole of their horse’s equipment to pieces and
put it together again, and that they can groom their mounts;
(3) that they are proficient both mounted and on foot, in the sword
and lance exercise and in troop drill.

85. Other trainings of members of mounted police.- Members of the


mounted police must also be trained in scouting and must be taught to carry out
their duties singly and in sections. Horse must be taught to stand fire.

86. Three months’ advance course of selected constables.-


Under the orders of Range Deputy Inspector-General of Police, selected
constables of the Mounted Police will be sent for a three month’s advance course
of training prescribed by the Inspector-General of Police in the subjects and
duties of Mounted Police at the Police Training College, Moradabad. The
Inspector General of Police will, from time to time, decide the number of
constables to be sent for this training by each Troop Headquarters. Only those
constables, who qualify at this Advance Course of Training will be eligible for
promotion to the posts of head constable in the Mounted Police subject to the
provisions of paragraph 45, Police Regulations.

Candidates for this Advance Course of Training will be selected by Range


Deputy Inspector General of Police on the basis of Central test. Only those who

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have completed five year’s service in the Mounted Police and have been
nominated by the Superintendent of Police may compete at this test.

A constable of the mounted police who qualifies at a course of instruction


in Remount Training but who has not already obtained his cavalry drill
certificate, will be sent on the next course for which he can be made available,
after he obtains his Remount Training Certificate.

87. Training of troop horses.- Troop horses should be trained to


enter truck and horse-boxes.

88. Training for treatment of horses.- With the sanction of the


Inspector-General previously obtained, members of the force may occasionally
be sent to the Veterinary School at Lucknow for instructions in the treatment of
horses.

CHAPTER IX
VILLAGE POLICE

89. Chief duty of village chaukidar.- The village chaukidar is a village


servant, whose chief duty is the watch and ward of the villages in his charge. He
is required to carry reports for the village headman to assist him in tracing
offenders, and to make arrests as authorized by law. He is responsible to the
District Magistrate for the due performance of his duties. The rules relating to
village headman are in the Manual of Government Orders.

90. Freeships to Chaukidar.- Village Chaukidars are not


prohibited from cultivating land; they must reside in one of the villages for which
they are responsible. They must be employed on menial duties by members of
the constabulary force.

91. Attendance of village Chaukidars.- Village chaukidars must


attend at their police station on fixed dates twice a month (see Chapter XXV) for

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the purpose of reporting births, and deaths; on one of these dates they must be
given their pay.

92. Crime record book of village chaukidars.- Each village


policeman shall be provided with a crime record book, an attendance board (made
of wood), and a printed register of births and deaths; he shall keep all these three
in the leather wallet supplied to him which he must carry it whenever he goes to
the station.

The record book is for the entry by the station writer of occurrences of
crime, or of reports that the chaukidar may have to make at the station, and of his
rewards, punishment and good services; all entries regarding rewards,
punishments and good or bad services must be signed by the officer-in-charge of
the station. A list of all persons in chaukidar’s beat who are on history sheets
will be entered in this record book and all reports made by the chaukidar of their
absence from home will be noted therein.

Note.- Only crime of a kind requiring entry in the village crime note-book
should be shown in the record book.

The attendance board is for the record of attendance at the station, and shall
be written up at the time attendance by the station writer. The board must show
every attendance since the last annual inspection of the station by a gazette police
officer. For this purpose each side of the board will be ruled into six columns,
one for each month. The rules for the reporting of births, deaths and epidemics
by village chaukidars will be found in Chapter XXV.

For the duties of village chaukidars in the matter of inquests held by village
panchayats (see Chapter XII). For their duties in regard to surveillance (see
Chapter XX).

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93. Assistance for escort duty by village police.- Village police must
assist in police escort duty, when required to do so by a member of the
constabulary force.

94. Rules for the watch and ward of camps of officers on tour.- The
following rules limit the supply of village policemen for the watch and ward of
camps of officers on tour:
I.- The number of chaukidars allowed shall not be less than two; for
large camps the number may be increased, but shall not exceed six.
II.- No chaukidar shall serve more than two days in any week, or for
more than one night at a time, on this duty.
III.- Chaukidars should be selected from the neighbourhood of the camp
in such a way as to leave as few villages as possible without chaukidars.
IV.- The special allowance due to chaukidars who leave their beats to
guard escort camps of touring officers must be promptly paid by the touring
officers concerned. Station officers must report to the Superintendent any
instances of neglect on the part of touring officer in this respect.

When village chaukidars are deputed to guard the Railway line for
Presidential special trains and special trains in which the Prime Minister travels
or when they are employed on other duties in connection with Presidential visits
or the visits of the Prime Minister, they will be paid daily allowance at the rate of
six annas a day from the grant for the rewards for village chaukidars in addition
to their pay, provided that no substitutes are entertained for them.

The Inspector-General of Police can create temporary posts of chaukidars


on daily allowance not exceeding Re. 1 per diem (inclusive of pay) of permanent
chaukidars who are deputed for duty in connection with Presidential visits or
visits of the Prime Minister when such duty entails their absence from their
villages for more than six days. In such cases it will be for the Superintendent of
Police to consider whether substitutes should be appointed and if he considers it
necessary to employ substitutes he should obtain previous sanction to their
appoint from the office of the Inspector General of Police. In that case the

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ordinary pay of the chaukidars will be paid to the substitutes, while the permanent
chaukidars who are on deputation will be paid Re. 1 a day, inclusive of pay and
reward, from the head ‘Chaukidars’ subordinate to ‘village Police’ in the budget.

95. Supply of printed forms for written reports of cognizable


offences to village Chaukidars.- Village chaukidars should be furnished
with a supply of printed Form No. 44 for written reports of cognizable offences
and for lists of stolen property, and should be instructed to give a form to every
person son requires one for use and to take the form, after it has been filled up
and signed by the complainant, to the police station, if requested by the
complainant to do so. It should also be explained to village chaukidars that
complainants are not competent to make their reports in writing. Whenever a
chaukidar brings a written report to the police station, he should take back to the
complainant the duplicate copy of the check receipt.

96. Appointment of village chaukidars.- (1) Village chaukidars are


appointed by the District Magistrate under Section 3 to 6 of the North-Western
Provinces Village and Road Police Act, 1873 (Act XVI of 1873), or under
Sections 29 to 32 of the Oudh Laws Act, 1876 (Act XVIII of 1876). They may
be dismissed by the District Magistrate under Section 10 of Act XVI of 1873 or
Section 36 of Act XVIII of 1876. They are also liable to prosecution under
Section II of Act XVI of 1873 or Section 37 of Act XVIII of 1876.

(2) Good conduct stripes awarded to and allowances granted to village


chaukidars may be withdrawn as a disciplinary measure. [See Paragraph 476(v)].

96-A. Provisions of Para 50 are applicable to village Chaukidars.- The


provisions contained in Paragraph 501 are applicable to village chaukidars
against whom Civil or Criminal proceedings have been instituted otherwise than
by Government.

PART II
PARTICULAR DUTIES

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CHAPTER X
REPORTS MADE AT POLICE STATIONS

97. Process for information relating to the commission of a cognizable


offence.- Whenever information relating to the commission of a cognizable
offence is given to an officer-in-charge of a police station the report will
immediately be taken down in triplicate in the check receipt book for reports of
cognizable offences (Police Form No. 341). The step will on no account be
delayed to allow time for the true facts to be ascertained by a preliminary
investigation. Even if it appears untrue, the report must be recorded at once. If
they report is made orally, the exact words of the person who makes it, including
his answers to any questions put to him should be taken down and read over to
him; he must sign each of the three parts, or if he cannot write, he must make his
mark or thumb-impression. If a written report is received an exact copy must be
made, but the signature por mark of the messenger need not be taken. In all cases
the officer-in-charge of the station must sign each of the three parts and have the
seal of the station stamped on each. The triplicate copy will remain in the book;
the duplicate copy will be given to the person who makes the oral or brings the
written report; the original will be sent forthwith through the Superintendent of
Police to the Magistrate having jurisdiction with the original written report (if
any) attached.

The practice of delaying first information reports until they can be sent to
headquarters attached to special or general diaries is contrary to the provisions of
Criminal Procedure Code and is prohibited.

If there is an Assistant or Deputy Superintendent incharge of the sub-


division, and stationed at a place other than the headquarters of the district, the
original should be sent through him to the Magistrate.

98. Entries of crimes in registers and diaries should be clear.- It is


essential that all reports and entries in registers and diaries should be written
clearly and legibly. These documents may have to be provided later in courts of

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law, and much delay and difficulty may be caused if the original writing is not
clear and indisputable.

99. Substance of F.I.R. in G.D.- As soon as the report has been


written-in the first information book, the substance of the report must be briefly
recorded in the general diary. The entries in the first information report and the
general diary must be made at once, even, if the report is received at night. The
village crime notebook, crime register, and the register of property should be
written up within 24 hours if the report entails the making of entries in these
registers.

100. Process for Oral Information of Cognizable offence to station


officer.- If an officer-in-charge of a station receives an oral report of a
cognizable offence when he is away from the station house, and wishes to begin
the investigation at once and cannot dispense with the attendance of the person
who made the report, he should take the report down in writing and, after having
it signed or marked by the person who made it, should send it to the police station
to be treated as a written report.

101. Special Report cases.- Whenever the occurrence of an offence of


any of the following kinds is reported-
(1) dacoity,
(2) robbery except unimportant cases such as snatching ear-rings,
(3) torture by police,
(4) escape from police custody,
(5) forging of currency notes
(6) manufacture of counterfeit coin,
(7) serious defalcations of public money including theft of notes or
hundis from letters,
(8) important cases of murder, rioting, burglary and theft, breaches of
the peace between different classes, communities or political groups
and other cases of special interest.

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copies of the report will be sent immediately in red envelopes to the


Superintendent, the District Magistrate, the Sub-Divisional Magistrate and the
circle inspector by post or hand whichever may be the quicker method of
conveyance. The telephone or telegraph when available, and the department
telegraphic code, copies of which have been supplied to all police stations near
telegraph offices should also be used to give the Superintendent early news of
such offences.

101-A. Copy of Special Reports to DM and SP.- Copies of reports shall


be sent to District Magistrate and Superintendent of Police in all important cases
or categories of cases in which they may require special reports to be sent.

102. Process for report of a non-cognizable offence.- When a report is


made of a non-cognizable offence, the important portion of the report should be
recorded in the check receipt book for reports of non-cognizable offence (Police
Form NO. 347). The informant should be required to sign or affix his mark to
each of the two copies. The duplicate copy should be given to him, the original
remaining in the book. The substance of the report should be entered in the
general diary, and, if the report is in writing, the proper containing should be
attached to the diary. The informant should also be referred to the Magistrate, as
required by Section 155 of the Code of Criminal Procedure, 1973 (2 of 1974).

103. Responsibility of S.O. for the correct recording of all reports of


crime.- The responsibility imposed on the officer-in-charge of police station
by Section 154 and 155(1) of the Code of Criminal Procedure, 1973 (2 of 1974)
or non-cognizable, will be enforced, and he must countersign all reports of either
kind recorded.

CHAPTER XI
INVESTIGATIONS
104. Decision Investigation of a report of cognizable offence.- When
a report of a cognizable offence is received, the officer-in-charge of the station
must decide whether an investigation is desirable. In exercising the discretion

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allowed by Section 157(1) (b) of the Code of Criminal Procedure, 1973 (2 of


1974), he should consider whether the case is for the civil rather than for the
criminal Courts and whether action by the police is necessary in the interest of
the administration or expedient for the preservation of law and order.

No investigation should be made if the subject-matter of the complaint


appears to fall within the scope of Section 95 of the Indian Penal Code, or if the
complainant appears to be setting up a technical offence or exaggerating a trivial
occurrence in order to obtain the help of the police in prosecuting a quarrel.

No investigation should be made in the following circumstances, except


on the order of the Superintendent of Police, in any particular case, or with the
concurrence of the Deputy Inspector General, in respect of any particular area :

(1) In cases of petty theft or burglary, unless there is reason to believe


that professional criminals have been concerned, or the criminal has
been arrested and the complainant desires a prosecution.
(2) In cases under Section 324 and 325 of the Indian Penal Code.
(3) In cases under Section 147 of the Indian Penal Code, unless grievous
hut has been caused or there is danger of a further serious breach of
the peace.
(4) In cases under Section 341 to 344, (unless the confinement
continues at the time when the report is made) 454, 347 and 448 of
the Indian Penal Code.
(5) In cases under Section 406 and 420 of the Indian Penal Code, when
there is prima facie evidence that case is of a civil nature.

Note.- In all cases of hurt, inflicted with a deadly weapon, the


officer-in-charge of the station should consider whether the circumstances are
such as to justify the registration of a case under Section 307 or 308 of the Indian
Penal Code. Cases registered under either of these sections must be promptly
investigated as a matter of course without waiting for the order of the
Superintendent of Police or the report of the medical officer.

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105. Process, when a cognizable case will not be investigated.-


Whenever the officer-in-charge of a police station decides that a cognizable case
will not be investigated, he must, in order to comply with the provisions of
Section 157 (2) of the Code of Criminal Procedure, 1973 (2 of 1974) enter on the
original and triplicate copies of the first information report his reasons for not
investigating the case. He must also note on the duplicate copy which will be
given to the person who has made the report, the fact that no investigation will
be made. Whenever he makes or orders an investigation otherwise than on the
order of the Superintendent of Police into any case or any of the classes
enumerated in Clause (3) of paragraph 104 he must record in the general diary
his reasons for doing so.

106. Completion of an Investigation.- Investigation should ordinarily


be carried out and completed on the spot, except in cases falling under Section
157(1)(a) of the Code of Criminal Procedure, 1973 (2 of 1974). If, however, the
scene of the offence is close to the police station, as in towns, and the case is not
covered by Section 157(1)(a) the investigating officer may, after visiting the
sport, return to the police station to complete the investigation. Any police officer
proceeding on an investigation of a serious offence is permitted by the railway
authorities to travel by the first available train, passenger or goods but he may
not stop it out of course.

107. Duties of an Investigating Officer.- An investigating officer is not


to regard himself as a mere clerk for the recording of statements. It is his duty to
observe and to infer. In every case he must use his own expert observations of
the scene of the offence and of the general circumstances to check the evidence
of witnesses, and in cases in which the culprits are unknown to determine the
direction in which he shall look for them. He must study the methods of local
offenders who are known to the police with a view to recognizing their
handiwork, and he must be on his guard against accepting the suspicions of
witness and complainants when they conflict with obvious inferences from facts.
He must remember that it is his duty to find out the truth and not merely to obtain
convictions. He must not prematurely commit himself to any view of the facts

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for or against any person and though he need not go out of his way to hunt up
evidence for the defence in a case in which he has satisfactory grounds for
believing that an accused person is guilty, he must always give accused persons
an opportunity of producing defence evidence before him, and must consider
such evidence carefully if produced. Burglary investigations should be
conducted in accordance with the special orders on the subject.

108. Steps for Investigating Officer to investigate the case.- The first
step of the investigating officer should be to note in the case diary prescribed by
Section 172 of the Code of Criminal Procedure, 1973 (2 of 1974) the time and
place at which he has received the information on which he acts and to make in
the diary a copy of the first information report. When beginning his investigation
he must note in the diary the time and place at which he begins. He should then
inspect the scene of the alleged offence and question the complainant and any
other persons who may be able to throw light on the circumstances. At an early
stage of the investigation he should consult the village crime note-book to learn
of any matter recorded there which may have a bearing on the case.

109. Entries of the case.- The case diary must contain the
particulars required by Section 172 of the Code of Criminal Procedure, 1973 (2
of 1974) in sufficient detail to enable the supervising officer to appreciate the
facts. Variations in the statement of the complainant from the first information
report and the substance of supplementary statement, if any, should be recorded.

The investigating officer is not bound to reduce in writing any statement


made to him in the course of an examination under Section 161 of the Code of
Criminal Procedure, 1973 (2 of 1974). But if he does so, he shall make a separate
record of the statement of each such person whose statement he records. The
statement shall be recorded in the first person and shall contain such detail as are
likely to be helpful in the prosecution of the case.
The law contemplates that the statement, if recorded, must be recorded
separately. It will, therefore, not be sufficient compliance of the law if it is merely
recorded that a witness substantiates, corroborates or verifies the statement of

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the complainant or another witness and as such the use of such phrases should be
avoided.

The statement of the accused person must, however, be recorded in full.


When investigation is closed for the day, the time and place at which it is closed
must be noted, and throughout the investigation the diary must be sent daily to
the Superintendent on all days on which any proceedings are taken. If the
investigating officer is not himself in charge of station, the diary must be sent
through the officer-in-charge except when this will cause delay. All changes of
investigating officer must be recorded in it. If more officers than one are
investigating the same case independently at the same time each should keep a
separate diary. The provisions of Section 162 and 173 of the Code of Criminal
Procedure, 1973 (2 of 1974) must be carefully studied. In petty cases a very short
case diary will ordinarily be sufficient.

110. Proceedings after arrests of a suspected person.- The stage of the


proceedings at which the investigating officer arrests a suspected person Section
44 of the Code of Criminal Procedure, 1973 (2 of 1974) is left to his discretion,
he may watch a suspect, but may not restrict his movements without arresting
him nor compel him to remain in attendance as a witness.

111. Search conducted by a police officer.- A police officer about to


conduct a search under the Code of Criminal Procedure or any other law must,
before entering the place to be searched satisfy the owner, or occupier of the
premises, if present, and the witnesses called under Section 100 (4) or (8) of the
Code of Criminal Procedure, 1973 (2 of 1974), that neither he nor any other
member of the search party, including the informer if present, has anything
incriminating concealed about his person. No informer should be allowed to
enter a place which is to be searched unless it is impossible to dispense with his
assistance. Searches made under the Arms Act, Excise Act, Section 19 of the
Opium Act (I of 1878) or Code of Criminal Procedure, 1973 (2 of 1974), may be
made by day or night. Searches under the Salt Act (XII of 1882) and Section 14
of the Opium Act (I of 1878), may be made only by day.

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112. Inquiries from a person.- Persons from whom inquiries are made
by the police should not be unnecessarily harassed or detained. If any person
summoned under Section 100 or 160 of the Code of Criminal Procedure, 1973 (2
of 1974) requests that the period of his attendance be put on record, the
investigating officer shall comply by making an entry on the foil and counterfoil
of the order form No. 7.

113. Inquiries from public or railway servants.- Inquiries in which


public or railway servants are concerned either as accused or witnesses should be
so conducted as to interfere as little as possible with their official duties.
Although Section 66 of the Code of Criminal Procedure, 1973 (2 of 1974) does
not compel a police officer to give notice to the official superiors of such servants
when requiring them either sunder Section 100 (4) to (8) to attend as witnesses
before Courts or under Section 160, be given; and no police or railway servant
should ordinarily be required to leave his duties for the purpose of an
investigation until reasonable opportunity has been allowed to his official
superior to arrange for his relief.

Police officer should attend Court on the dates fixed for their appearance.
Absence from Court should not be taken lightly. The controlling officers
granting permission to their subordinates to attend court should ensure that
summonses are returned to the Court well before the date of hearing. The
Superintendents of Police will maintain a register in which will be entered the
names of the officials who did not attend court on the dates fixed. These names
will be entered on the basis of reports received from Courts. The Superintendents
of Police will immediately call for the explanation of the defaulting officer and
will submit a copy of the explanation to the Court concerned for information
within 15 days of the receipt of such complaint. If the explanation is not
submitted within this period, the Court will report the matter to the District
Magistrate for necessary action. Entries in this register must be taken into
account at the time of recording annual remarks. It will be the duty of the Deputy
Inspector General of Police to examine the register at the time of their
inspections.

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114. Plan of the scene of occurrence should be made by I.O.- A plan


of the scene of occurrence should be made by the investigating officer in every
case of murder, dacoity or important burglary and in any other case in which such
a plan will help a Court or a supervising police officer to a proper understanding
of the facts. If the investigating officer is unable to prepare a plan with the
necessary accuracy, he should if possible, have one made by a Patwari. A plan
should always be signed by the person making it.

115. Dying declaration of seriously injured person to be recorded


immediately.- The officer investigating a case in which a person has been so
seriously injured that he is likely to die before he can reach a dispensary where
his dying declaration can be recorded, should himself record the declaration at
once in the presence of two respectable witnesses, obtaining the signature or mark
of the declarant and witnesses at the foot of the declaration.

116. Identification parade of suspects.- In all cases in which there is


any likelihood that suspects will at any stage have to be paraded for identification
by witness, the investigating officer must take steps from the very beginning of
his investigation to ensure that witnesses are given no opportunity of seeing the
suspects before identification proceedings are held. Such proceedings should
whenever possible, be postponed until they can be held in the jail under the
provisions of the Manual of Government Orders and Paragraph 31 of these
regulations, for the due observance of which, as far as the police are concerned,
the Public Prosecutor will then be responsible. When identification proceedings
cannot be held in the jails, own to there being no sufficient evidence on which
the suspects can be arrested for any other reason, the instructions referred to
above must be followed by the investigating officer as far as they can be made
applicable. In such cases the proceedings should take place before a Magistrate,
as they would if they were held in the jails or if no magistrate is available before
two respectable and impartial persons who should be asked to satisfy themselves
that the proceedings are fair both to witnesses and to accused. In any case of
importance, when no Magistrate is available to conduct identification

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proceedings not held in the jails, a gazetted police officer should arrange to
attend.

117. Identification of articles of property recovered from suspects:-


In important cases the practice of having articles of property, recovered from
suspects and suspected to be stolen, mixed up with other articles of a similar
nature when the property is shown to complainants for identification may often
be followed with advantage. In such cases precautions should be taken similar
to those laid down for observance in the case of identification parades of accused
persons, the person before whom the identification is held must be above
suspicion, and it will be essential to prove that neither the property suspected, nor
that with which it has been mixed could have been seen by the witnesses
beforehand.

118. Cognizable offence done by a person in a second state of mind


get no relaxation by the police.- When it is established that a person has
committed an act which would be a cognizable offence if done by a person in a
second state of mind, it is not for the police to determine whether a defence can
be made out on the ground of insanity. This question will be determined by the
Court. The accused should be sent for trial and his mental condition should be
mentioned in the diary.

119. Process for confession recorded by the Magistrate.- When a


confession is to be recorded under Section 164 of the Code of Criminal
Procedure, 1973 (2 of 1974), the Magistrate should be asked to put question to
the person making it with a view to eliciting as many details as possible by which
its truth can be verified. Unless independent corroborative evidence can be
obtained of its truth in material particulars, it will be of little use in Court. The
primary use of true confession is to determine the future line for the
investigations.

120. Who can record the confession.- Every confession which a


person in police custody wishes to make shall be recorded by the highest

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Magistrate other than the District Magistrate who can be reached in a reasonable
time. Only Magistrates of the first class and Magistrate of the second class
specially empowered by the local Government are authorized to record
confession. Confessions in important cases of dacoity, and in other serious cases
whenever possible, should be recorded by the District Magistrate or by a
Magistrate of standing, preferably the Joint Magistrate, without regard to the part
of the district in which the case occurred.

121, Remand for police custody.- A remand to police custody should


not be applied for or given unless the officer making the application is able to
show definite and satisfactory grounds. A general statement that the accused may
be able to give further information should not be accepted. Application for
remand to policy custody must be made through the Superintendent of Police or
gazetted police officer incharge of a sub-division, and may be addressed only to
Magistrates of the status required by Section 167 of the Code of Criminal
Procedure, 1973 (2 of 1974). Suspects must not be made over by the police to
zamindars or other non-officials for the purpose of inducing confessions.

122. Completion of Investigation and submission of final report or


charge sheet should be as soon as possible.- (i) An investigation should be
completed as soon as possible and when complete the investigating officer must
comply with the provisions of Section 161-171 and 173 of the Code of Criminal
Procedure, 1973 (2 of 1974). The report prescribed by Section 173 must under
that section be submitted by the officer incharge of the police station under
intimation to the Superintendent of Police and should be in the form of charge-
sheet (Police Form No. 339), if the case is sent for trial and in the form of final
report (Police Form No. 340), if the case is not sent for trial. The charge-sheet
with the final diary in the cases shall be submitted to the Court through the Circle
Officer and the Public Prosecutor and should reach the Court within four weeks
of the date of lodging of the first information report in summons and warrants
cases and eight weeks in Sessions cases. None of the Circle Officer and the
Public Prosecutor should normally retain the charge-sheet for more than a week
and the latter should submit it to the Court concerned within the time-limit

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prescribed. The prescribed time-limit should not be allowed to exceed except for
very special reasons.
(ii) As soon as possible but in any case not later than a month of the
expiry of each quarter, the Superintendent of Police shall submit to the District
Magistrate, in the prescribed form and in duplicate, a quarterly list of cases in
which charge-sheet could not be submitted within the prescribed time-limit of
4/8 weeks. The District Magistrate will forward it to the Range Deputy Inspector
General of Police endorsing the other copy with his comments to the
Commissioner of the Division. The Range Deputy Inspector General of Police
will thereupon compile in the prescribed form, a statement of delayed cases and
submit it to the Inspector General of Police who will forward the same to
Government in Home Department (Police A) with his comments.
(iii) The final report must in all cases be submitted through the
Superintendent of Police.
(iv) The information as the result of investigation must, as required by
Section 173 (i) (b), Criminal Procedure Code, 1973 (2 of 1974) be sent by the
officer in charge of the police station to the complainant if any in Police Form
No. 47, at the time he submits the charge-sheet or the final report, as the case may
be.

123. Previous convictions should be recorded in charge sheet.-


Particulars as to any previous convictions of an accused should be noted in
Column 7 of the charge-sheet. If the accused resides in another police station of
the same district, the officer-in-charge of that station should be asked to give
details of previous convictions (if any) and to send them to the Public Prosecutor
direct if time is short.

124. Complaint of cognizable or non-cognizable offence before the


Magistrate.- When any complaint of an offence, cognizable or non-cognizable
of which a Magistrate has taken cognizance under Section 190(a) of the Code of
Criminal Procedure, 1973 (2 of 1974), is referred by him under Section 202 to
the officer-in-charge of the sub-division must satisfy himself before forwarding
the complaint to the police station concerned that the provisions of Section 200

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and 202 of the Code of Criminal Procedure, 1973 (2 of 1974) have been fully
observed. No case in which the statement of the complainant has not been taken
on oath by the Magistrate under Section 200 or in which the Magistrate has not,
under Section 202 recorded his reasons for holding that police investigation is
necessary can legally be sent to the police for investigation. All such cases and
all case in which, the reasons recorded for sending the complaint to the police are
prima facie invalid should be brought to the notice of the District Magistrate by
the Superintendent of Police before any further action is taken. Investigation
which the police are justifiably ordered by Magistrates to make into complaint
case under Section 202 should be made as promptly as circumstances allow; but
in so far as it is question of finding time for such investigations, cases which are
registered and investigated by the police under section 197(1) of the Code of
Criminal Procedure, 1973 (2 of 1974) will ordinarily take precedence of
complaint cases which are sent to them by Magistrates.

125. Process of investigation when an Indian is killed by British


soldiers.- All cases in which there is any reason to suspect that an Indian has
been killed, or wounded by British soldiers must be investigated by the
Superintendent of Police himself unless a magisterial inquiry is made by an
officer of not less than four year’s standing as a Justice of the Peace. (Compare
also Paragraph 357 of these regulations).

126. No analysis of the work of Investigation Officers.- Any analysis


of the work of investigating officers by the application of statistical tests is
objectionable and encourages dishonesty. The Superintendent of Police should
impress on officers of all ranks subordinate to him that their efficiency will not
be judged by statistical tests, but by the manner in which they perform their
duties.

127. Production of records of post office before the police.- The


following instructions have been given by Government to the Postal Department
(see Police Gazette of March 18, 1891) :
“Production of records before the police”:

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Records of a post office should be produced, and information available in


them should be given, on the written order of any police officer who is making
an 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 investigation, or which are relevant to that offence. In any
other case the Postmaster should, without delay, refer for orders to the
Postmaster-General, who will decide whether or not under Section 124 of Indian
Evidence Act (1 of 1872), the information asked for should be withheld.

Note.- When the information asked 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 not be given under the foregoing rule.

128. Process when there is an outbreak of thefts from goods trains.-


In any locality in which there is an outbreak of the thefts from goods trains the
Superintendent of the Government Railway Police will inform the
Superintendent of Police of the districts concerned and conserted measures will
be taken.

CHAPTER XII
INQUESTS, POST-MORTEM EXAMINATION AND TREATMENT OF
WOUNDED PERSONS

129. Any sudden or unnatural death to be reported by village


Chaukidar to the police station.- Under Section 40 of the Code of Criminal
Procedure, 1973 (2 of 1974) the village chaukidar is required to report at the
police station the occurrence in or near his village of any sudden or unnatural
death under suspicious circumstances or the discovery in or near his village of
any corpse or part of a corpse in circumstances which lead to reasonable
suspicion that such a death has occurred.
When such a report is made, a police officer empowered to make an
investigation under Section 174, Criminal Procedure Code, 1973 (2 of 1974)
must immediately taken action indicated in this section.

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130. [Omitted]

131. All sub-inspectors and head constables empowered to make


inquiries u/s 174 Code of Criminal Procedure, 1973 (2 of 1974).- All sub-
inspectors and such head constables as may be specifically selected by the
Superintendent of Police, are empowered by the local Government to make
inquiries under Section 174 of the Code of Criminal Procedure, 1973 (2 of 1974).

132. Inquest report by police.- Investigation by the police under


Section 174 of the Code of Criminal Procedure, 1973 (2 of 1974) should, if
possible, be made before the body is touched or moved. The inquest report
should be in Form No. 211. In cases in which there is doubt that death was due
to an accident or suicide and in which inquiry is concluded in one day, this form
may be used both as the inquest report under Section 174, Code of Criminal
Procedure, 1973 (2 of 1974) and as the case diary prescribed under Section 172.

133. [Omitted]

134. Known or suspected dead bodies related to cognizable offence


to be sent for post-mortem examination.- When death is known or suspected
to be due to the commission of a cognizable offence, or when for any other reason
the investigation officer considers it expedient so to do, he shall send the body
for postmortem examination if the state of the weather and the distance admit of
its being forwarded without risk of such putrefaction on the road as would render
examination useless.

135. Recording of finger prints of unidentified corpses.- The


finger impressions of all unidentified corpses should be taken on search slip
forms and sent to the Finger Print Bureau for search. Similarly, where death is
known or suspected to be due to the commission of a cognizable offence, and
where there is any possibility that finger impressions if subsequently found on
the scene of the crime may become material to the investigation of the finger
impressions of an identified corpse should be taken on a search slip in order that

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they may be compared with any finger impressions found at the scene of the
crime before time is wasted in using the latter as a basis of search for the culprit.
Ordinarily there is not much difficulty in taking impressions from the
fingers of a corpse, but sometimes the skin of the finger is contracted and
wrinkled that decipherable prints cannot be obtained. In such cases the medical
officer holding the post-mortem should be asked to remove the skin from the
fingers. He should place each piece in a separate sealed envelope, making on the
outside the finger to which it belongs. These envelope should then be sent to the
Finger Print Bureau for opinion.
The finger prints of corpse should invariably be taken under the
supervision of an officer not below the rank of Sub-Inspector. Prints of all fingers
must be taken, and the supervising officer will certify by his signature on the
search slip that the impressions have been correctly taken in his presence. The
supervising officer will note in the remarks column of the search slip the
condition of the body, whether in all advanced stage of decomposition or
otherwise.

135-A. Process when an unclaimed or unidentified body is recovered


by police.- When a corpse recovered by the police is unclaimed or cannot be
identified the police officer making enquiry under Section 174 of the Code of
Criminal Procedure, shall arrange to give the fact of discovery the widest possible
publicity with a view to its identification as also to the tracing out of the
deceased’s relations, friends or acquaintances to whom it can be made over for
disposal. In rural areas such publicity shall be made by beat of drum and in urban
areas the police officer may also take the help of the local press, broadcasting
station, if any, and voluntary organizations like the Sewa Samiti.
The police officer making the enquiry shall also, as far as possible
endeavour to ascertain correctly the faith to which the deceased belonged in order
to ensure proper disposal, if eventually necessary, of the corpse according to the
customary rites of the faith to which the deceased belonged. With this end in
view the officer concerned shall, besides making other enquiries, carefully
examine the corpse to see if it has got any distinguishing features, such as might

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be held to establish the deceased’s, denomination and make an entry to this effect
in the general diary and the inquest report.
If after due publicity a dead body remains unclaimed the Superintendent
of Police of district may hand it over to recognized Medical College for purposes
of anatomical examination and dissection at their own expense. The officer-in-
charge of such college shall furnish to the Superintendent of Police a certificate
to the effect that after anatomical examination and dissection the corpse was
disposed of according to the customary rites of the faith to which the deceased
belonged.

136. Steps taken by I.O., when medical officer making examination of


dead bodies.- The following steps shall be taken by investigation officers to
assist medical officers in making examinations of dead bodies and injured
persons :
I. – In cases of suspected poisoning
A.- The following substances and articles should be collected and dealt
with as prescribed in Paragraph 139 :
(1) Any food or drink taken by the person supposed to have been
poisoned.
(2) Any omitted matter which may be on the person or bed; this should
be carefully swabbed up with a rag.
(3) Any clothing, matting, wood, mud or other substance into which any
omitted matter has soaked.
(4) The contents of any vessel containing vomited matter; this should
be carefully put into a bottle.
(5) The ashes of the funeral pyre in the event of cremation.
B.- Information on the eight following points should be elicited as early as
possible and entered in the case diary in due order :
(1) The interval between the last time that the person who is supposed
to have been poisoned are or drunk anything or took any medicine
and the first appearance of symptoms of poisoning.
(2) The interval between the last time of eating or drinking either food
or medicine and the occurrence of death (if death occurred).

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(3) Whether the person moved from the place where the first symptoms
were noticed, and, if so, how far he went.
(4) What were the first symptoms of poisoning.
(5) Whether vomiting or purging occurred.
(6) Whether the person fell asleep or became drowsy.
(7) Was there vomiting?
Whether the patient complained of tingling of the skin or throat.
(8) Any other symptoms noticed.

In cases of suspected human poisoning a short account of the facts


of the case should be given in the following form for the guidance of the
Chemical Examiner when the substance is transmitted for analysis :
(1) Name, sex and age of patient.
(2) Nature of food last taken.
(3) How soon after his meal did the symptoms of poisoning
begin?
(4) Did the patient walk from the place where he was first taken
ill? If so, how far?
(5) Did the patient complain of pain or discomfort?
(6) Was there purging?
(7) Was there omitting?
(8) Did the patient become unconscious? If so, how soon did this
occur after the onset of the symptoms?
(9) Was the patient dizzy or faint?
(10) Did convulsions or cramps occur?
(11) Did the patient complain of tingling of the skin or throat?
(12) Did the patient talk sensibly or foolishly?
(13) Did the patient pick at objects on the ground or bed?
(14) Was any treatment adopted? If so, what was its nature?
(15) Did death occur, and; if so how soon after the illness began?
(16) What poison is supposed to have been used?
Information on the above points should be forwarded to the District
Magistrate before the latter officer sends the substance for chemical analysis.

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N.B.- Wherever possible, a report by a medical officer who has seen the
case should be added, which should contain his opinion as to the nature of the
poison used. An information given by friends and neighbours should also be
noted.

II.- In case of hanging or strangulation


(1) If possible, before the body is cut down or removed, the means of
strangulation should be noted and any lividity of face, especially of lips and
eyelids, any projection of the eyes, the state of the tongue, whether enlarged and
protruded or compressed between the lips, the escape of any fluid from mouth
and nostrils, and the direction of its flow.
(2) When the body is cut down, or the means of strangulation removed,
the state of the neck should be noted, whether bruised, along the line of
strangulation, and the direction of the mark, whether circular or oblique, and the
state of the thumbs, whether crossed over the palm :
(3) The materials by which hanging or strangulation has been effected
should, if possible, be obtained, and dealt with as prescribed in Paragraph 142.
III.- When a body found in a tank or well, the following points should be noted
(1) Any mark of flood around the mouth of the well or tank or on the
sides,
(2) When the body is removed, any external marks of injury, especially
about the head and neck.
(3) Whether the skin is smooth or rough.
The hands should be examined and anything they may hold should be
carefully removed.
IV.- In the case of a body found murdered
(1) The number, character and appearance of any injuries should be
noted.
(2) If a weapon is found, it should be wrapped in paper and sealed; any
marks of blood on it and any adherent hairs should be noted and preserved.
(3) In the case of an exposed infant, the state of the cord, especially
whether it is tied, and any marks of violence, should be noted.
V.- In the case of presumed murder, and burial or cremation of the remains

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(1) Any marks of violence, especially about the skull, should be sought
for and noted.
(2) Any indications of sex should be noted; and a jaw and the bones of
the pelvis at least brought away.
(3) If there is any suspicion of poisoning, the earth from the place in
which the stomach was found should be carefully taken up and dealt with as in
Paragraph 142.
(4) If a body presumed to have been murdered has been burnt, any
fragments of bones which may be found among the ashes should be collected and
dealt with as in Paragraph 142.
VI. In case in which an opinion on the nature of stains on clothes is required,
the stains should be allowed to dry before the clothes are folded up
In the case of blood stains or spots on mud floors or heard earth, etc., the
piece containing the suspected stains should be cut out and wrapped in cotton
wool before it is disposed of as in Paragraph 142.

137. Dead bodies for examination should be sent to district


headquarters.- All dead bodies of which an examination is required shall be sent
to the headquarters of the district, except from the places enumerated in Appendix
V of these Regulations.

138. Process, when dead body sent for examination by G.R.P.- In the
case of body sent for examination by the Government Railway Police of the
headquarters of a district, it shall rest with the Superintendent of Police of the
district concerned to decide whether a post-mortem examination is actually
necessary,
139. Procedure, when a body is sent for post-mortem examination.-
The following procedure shall be observed when a body is sent for post-mortem
examination:
(1) The body shall be laid in the shell in the state in which it has been
found. No substance should be applied to it in the hope of delaying
decomposition.

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(2) The body shall be accompanied by a police constable and a


chaukidar. If the thana is over 20 miles distant from the medical officer, the
constable and chaukidar may be relieved at one or more intermediate stations;
but the number of reliefs should be kept as low as possible.
(3) The names of the police constable and chaukidar and of relieving
constables and chaukidars, if any, shall always be entered in Police Form No. 13
and 33.
(4) The constable accompanying the body shall be given from the
permanent advance of the station a sum sufficient to pay the coolies and other
necessary expenses, and a cheque in Form No. 11 for the realization of the money
at headquarters, if the body is being sent there.
(5) The constable be instructed by the officer sending in the body to
make it over to the medical officer with the usual requisition; he will remain in
charge of the body until the medical officer has completed the examination, and
will arrange for the disposal of the remains in the absence of relatives of the
deceased.
(6) The investigating officer shall prepare in duplicate a descriptive roll
of the body, containing particulars of identification distinct from any injuries that
may be apparent. He shall give one copy of this roll to the constable
accompanying the body, and send the other by post to the police officer in charge
of headquarters.
(7) Besides this descriptive roll, there shall be sent with the body a
statement in Form No. 13, which must be prepared with the utmost care. From
this, if the body is sent to headquarters or to any other place where there is an
English police officer, a statement in English, also in Form No. 13 will be
prepared in that office and will be forwarded to the medical officer, with a
requisition for post-mortem examination in Form No. 33 and a detailed
translation of the investigation officer’s report on the appearance and situation of
the body and on the cause of the death as far as the investigating officer has been
able to ascertain it. If there is no English police officer, at the place to which the
body is sent, the only papers delivered to the medical officer will be those sent
with the body by the investigating officer.

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Note.- The Superintendent is authorized to call on the Civil Surgeon to


make post-mortem examination.
(8) The constable and chaukidar shall identify the body in the presence of
the medical officer before the post-mortem examination is made.
(9) A translation of the Civil Surgeon’s report should be made in the
Superintendent’s office as soon as possible, and a copy of the translation
despatched to the officer-in-charge of the police station.

140. Objects of examination should clearly explained in Inquest


report.- When a police officer sends a person for examination by a medical
officer, he should clearly explain the objects of such examinations (unless for
special reasons examination appears undesirable). Superintendents of Police
should as far as possible take steps to prevent cases being sent to medical officers
unnecessarily.

141. Public Prosecutor to directly correspond with Civil Surgeon when


sending any article for examination.- The Public prosecutor will correspond
direct with the Civil Surgeon when sending an article or substance to him for
examination.

142. Exhibits connected with the commission of an offence should be


sent to Public Prosecutor or to Magistrate for required testing in Forensic
laboratory.- (1) All substances or articles connected with the commission of an
offence which may be required as evidence at a trial should be sent with an
invoice by the investigating officer to the public prosecutor who shall sign the
invoice to show that he has received the parcel and shall make an entry for it in
his register. The invoice should show the name of the constable who has brought
the sealed cover.
The labels attached to exhibits which may subsequently be sent for blood
analysis should be pasted to the exhibits with flour-paste and not with gum.
(2) If no medical or chemical examination of the article is required, the
public prosecutor shall keep it until it is wanted for production in Court.
(3) If examination by the Civil Surgeon or Chemical Examiner appears
to be necessary, the public prosecutor shall send it, to the Civil Surgeon with a

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letter requesting him to examine it. The Civil Surgeon must be informed of the
details of the case, as a full medico-legal history must accompany articles sent to
the Chemical Examiner or Imperial Serologist. He must also be informed if blood
group tests are required. There must not be asked for unless really essential to
the case. The public prosecutor shall note in his register, the agency by which
the parcel is sent and shall obtain the Civil Surgeon’s receipt for it.
(4) On receiving the parcel, the Civil Surgeon will open it and inspect
the contents. If he finds that he can examine them, he will do so, and unless they
consist of offensive matter such as stomach washing, vomit or viscera, he will
return them with the report of his examination to the Public Prosecutor, who will
product the report and the contents of the parcel, if returned, when required by
the Court to do so. If the contents are of such a nature that chemical examination
appears desirable, the Civil Surgeon shall inform the Court to that effect and
return the contents until orders from the Court are received.
(5) On receipt of orders from the Court requiring him to send the
contents to the Chemical Examiner, the Civil Surgeon shall proceed as laid down
in Chapter XV of the Medical Manual.
(6) If the Court intimates that it does not consider an examination by the
Chemical Examiner necessary, the Civil Surgeon shall return the contents of the
parcel to the Court for disposal, obtaining a receipt for it from the Court.
The Civil Surgeon shall be the custodian of substances of an offensive
nature as long as the medical analysis is under consideration. Once the analysis
has been made and the report and the substances have been presented in Court,
the police should take charge of the exhibits, which should be kept in the
malkhana.

143. In case of dangerous injuries wounded persons to be conveyed to


headquarters.- Wounded person shall be conveyed to headquarters, or in
certain district to the places mentioned in Appendix V, if their injuries are very
severe or dangerous and they are able to bear the journey, otherwise they may be
sent to a mufassil dispensary if there is one nearer. If the wounded person is sent
to the headquarters of the district or to a place where there is an English Police

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Officer, Form No. 34 will be prepared there; otherwise Form No. 34-A will be
prepared by the officer-in-charge of the station.
In large towns the Superintendent of Police should prepare the route to be
followed when a corpse is taken to the mortuary; a copy of these orders should
be kept at every police station in the district.

143-A. First-aid given by the Medical Officer in Medico-legal case.-


When a Medico-Legal case is brought by the police to an outlying dispensary,
the Medical Officer of that dispensary should give the necessary first-aid and
decide whether it is a fit case to be transferred to the Sardar Hospital or whether
the required treatment is available at the outlying dispensary. In the former case,
the Medical Officer will advise the police officer-in-charge of the escort to take
the patient to the Sardar Hospital by the quickest possible means of transport and
the patient will be given the necessary treatment there.

144. Injury or post-mortem report made by the medical officer.- (i)


The Medical Officer shall prepare an injury or post-mortem report in triplicate.
The original copy of the report will be forwarded to the Superintendent of Police
through the normal channel, the duplicate copy will be handed over in a sealed
cover to the constable accompanying the injured or the dead body, and the third
copy will be retained by the Medical Officer as the office copy.
(ii) If in the course of investigation, it becomes necessary to seek
information on certain points pertaining to the injury or post mortem report, the
Superintendent of Police may depute an officer not below the rank of Sub-
Inspector of Police, with a written letter of request, to obtain such information
from the Medical Officer who had prepared the injury or post-mortem report.
The Medical Officer shall supply the information and keep a record of such
replies.

145. A shell for conveyance of corpses provided to police station.- A


shell for the conveyance of corpses and a covered stretcher for carrying wounded
persons are provided for each police station, including all railway police stations.
The shells for the dead bodies must never be used for carrying wounded persons.

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The covered stretcher should be a common country charpai and duli poles
attached in the usual way, and a blanket thrown over the pole for shade.

146. No person may be sent for medical examination against his will.-
No person may be sent by the police for medical examination against his will. If
a woman in a police case declines to be examined by a male Medical Officer she
should be sent to the Lady Doctor in charge of the local Dufferin Hospital, who
shall personally examine her and give evidence in Court, if and when required to
do so. This work will form part of her regular duties for purpose of Paragraph
422 of the Medical Manual and the Lady Doctor will not be entitled to any fee
for the work. She will, however, receive the travelling and halting allowance for
giving evidence in the Court as admissible to her under Paragraph 741 of the
Medical Manual.

CHAPTER XIII
ARREST, BAIL AND CUSTODY

147. Powers of arrest of a police officer.- Any police officer may cause
any person whom he is empowered to arrest under Section 41 (2) of the Code of
Criminal Procedure, 1973 (2 of 1974) to be arrested by giving to any other police
officer enrolled under the Police Act (V of 1861) the information which will
justify that officer in making the arrest in the exercise of his own powers under
that section. For the purpose of Section 41(2) a telegram may be considered to
furnish credible information of a person having been concerned in a cognizable
offence. The officer-in-charge of a station or any officer making an investigation
under Chapter XII of the Code of Criminal Procedure, 1973 (2 of 1974) may also
cause any person whom he is empowered to arrest under Section 41(1) to be
arrested by issuing an order in writing under Section 55 to any officer subordinate
to him. The officer-in-charge of a station may similarly issue an order in writing
under Section 55 against any person whom he is empowered to arrest under
Section 41 (2).

147-A (i) According to the Rules of Procedure and Conduct of Business


in the Lok Sabha and the Rules of Procedure and Conduct of Business of the U.P.

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Vidhan Sabha, when a member of the Lok Sabha / Vidhan Sabha is arrested on a
criminal charge or for a criminal offence or is sentenced to imprisonment by a
Court or is detained under an executive order, the committing Judge Magistrate
or executive authority, as the case may be, shall immediately intimate such fact
to the Speaker indicating the reasons for the arrest, detention or conviction, as the
case may be, as also the place of detention or imprisonment of the members in
the prescribed forms. The same rules also provide that when a member is arrested
and after conviction released on bail pending an appeal or otherwise released such
fact shall also be intimated to the Speaker by the authority concerned in the
prescribed form. A similar procedure is also required to be followed and the
same forms, with necessary modifications are to be used in respect of members
of the Rajya Sabha or the Vidhan Parishad.
(ii) It shall be the duty of the officer-in-charge of the police station, in
whose jurisdiction such an arrest has been effected, or a superior Police Officer
making the arrest of any such member to intimate forthwith the prescribed details
about the arrest and, if the member has been released on bail, the necessary
information in respect thereof as well, to the Magistrate, Judge or the executive
authority under whose orders such arrest is made, for communicating the required
information to the Speaker/Chairman of the House concerned.
(Note.- If the Magistrate having jurisdiction or the Judge or the executive
authority under whose orders the arrest has been made, is not available the nearest
Magistrate available should be contacted by the Police Officer personally giving
the reasons in writing for not contacting the Magistrate having jurisdiction or the
Judge or executive authority ordering the arrest, and necessary information laid
before him for onward transmission. A recourse to this procedure should,
however, be taken in exceptional cases only).
(iii) When the officer-in-charge of the police station concerned or any
other Police Officer makes the arrest of a member otherwise than under the orders
of a Magistrate, Judge or executive authority, e.g. for committing a cognizable
offence, for preventing breach of peace, etc. a special report should be sent by
the officer-in-charge of the police station having jurisdiction, to the S.P., D.M.,
etc. as provided in para 101 of the Police Regulations. The S.P. should on receipt
of information through Special Report or otherwise, communicate the required

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information to the Presiding Officer of the House concerned, forthwith through a


telegram, sending the details through a report by post. Copies of the
communications should be sent to District Magistrate.
(iv) Where the Police arrest a member pursuant to a warrant issued under
Section 79 of the Cr. P.C., 1973 (2 of 1974) the Police Officer making the arrest
should immediately after effecting the arrest, lay the necessary information
before the authority before whom the arrested member is produced in terms of
Section 86 ibid with the request that the same may be forwarded to the Presiding
Officer of the House concerned.
(v) When a member under arrest is transferred by Police from one place
to another while still in their custody, the fact of transfer should also be reported
by the Superintendent of Police of the district from where he is being transferred
to the Presiding Officer of the House concerned. Such information should also
be communicated by the Superintendent of Police in cases where a member
remanded to the Police custody is transferred to another place. He should also
inform the Magistrate issuing the remand accordingly.
(vi) Where intimation of arrest or detention of a member is sent by
telegram or a radiogram, the information on all the points mentioned in the
appropriate forms should be given succinctly, but clearly.
(vii) The rules referred to in sub-para (i) above also provide that no
member of the House shall be arrested and no legal process, civil or criminal,
shall be served on him / her within the precincts of the House, without obtaining
the permission of the Speaker. A similar procedure is required to be followed in
the case of the Member of Rajya Sabha / Vidhan Parishad. When making a
request for such an arrest the warrant should be accompanied by a brief and
concise statement containing a well reasoned request setting out the grounds
therefor and explaining why it is desired to effect the arrest within the precincts
of the House and why the matter cannot wait till the House adjourns for the day;
so as to enable the Speaker / Chairman to decide whether he should grant or
withhold permission for arrest within the precincts of the House.
Note.- The term ‘Precincts of the House’ as defined in the Rules of
Procedure and Conduct of Business of the U.P. Vidhan Sabha and the direction
of the Speaker is as follows :

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“Precincts of the House” means and include, the Chamber, the Lobbies,
Galleries and approaches leading these to and all other accommodation in
possession of the Speaker or the officers of the Assembly Secretariat in the
Vidhan Bhawan and such other places as the Speaker may from time to time
specify :
Direction
“Precincts of the House” means clearly the Assembly Hall, Lobbies, the
rooms in occupation of Legislature Secretariat, Speaker’s Room, Deputy
Speaker’s room, Committee room, Library, Party rooms and approaches
thereto.”
The terms ‘Precincts of the House’ as defined by the Chairman of the U.P.
Vidhan Parishad is as follows :
“Precincts of the House” means and includes, the Chamber, the Lobbies,
the Galleries Reading room and Legislature Library and approaches leading
thereto, and all accommodation in possession of the Chairman or officers and the
Council Secretariat in the Vidhan Bhawan and such other places as the Chairman
may from time to time specify.
(viii) It must also be noted that notwithstanding the provision contained
in Section 135-A, Code of Civil Procedure, the immunity of a Member of
Parliament / State Legislature from arrest pursuant to a Civil process would, in
terms of Article 105 (3) 194 (3) of the Constitution of India, extend to a period
of 40 days before or after a meeting of the House.
(ix) Except when in Judicial or Jail custody all communications
addressed by a Member of Parliament / State Legislature who is under arrest or
detention to the Speaker or Chairman of the House of which he is a member or
to the Chairman of a Committee of both the Houses of Parliament / State
Legislature shall be immediately forwarded by the Superintendent of Police to
Government in Home Department (Police-B) so as to be dealt with by them
having regard to his right and privileges as a member of the House of which he
belongs.
N.B.- Such communication from Members while in Judicial or Jail custody
would be dealt with by the Court or Jail authorities, as the case may be.

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148. Powers of Police Officer to arrest any offender in whole of India.-


A police officer may follow to any place in British India an offender whom he is
empowered to arrest. For the procedure to be observed where Indian States are
concerned, see Chapter XXIV.

149. Process for arresting a Railway personnel.- When a railway


servant, whose removal from duty would disorganize the working of the railway,
has to be arrested, his arrest should ordinarily be deferred until he is relieved, but
he may be arrested and allowed to carry on his duties under guard, if it is
advisable to place him under restraint at once.

150. Powers of arrest should not be exercised in case of a known


person.- The power of arrest given to police officer by Section 34 of Act V of
1861 should not be exercised in the case of a person whose name and address are
known. Such a person should be called upon to execute a bond to appear before
a Magistrate, if required.

151. Process when an accused is arrested by a private person.- When


an accused person is arrested by a private person and brought to the police station,
he must be re-arrested by the officer-in-charge of the station or released in
accordance with the provisions of Section 43 of the Code of Criminal Procedure,
1973 (2 of 1974).

152. Restrictions imposed on police for arrest of a person.- The


restrictions imposed by Section 57 and 167 of the Code of Criminal Procedure,
1973 (2 of 1974) on the period of which persons arrested without warrant may be
detained in police custody must be strictly observed. The report required by
Section 58 of the Code of Criminal Procedure, 1973 (2 of 1974) must be made
within 24 hours of the arrest, in the charge-sheet or final report, or separately, as
may be most convenient.

153. Process when any person is arrested in the course of an


investigation.- When any person is arrested in the course of an investigation, the
investigating officer shall, at the first step in the investigation subsequent to the

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arrest, ask him whether he has any complaint to make of ill-treatment by the
police and shall record in the case diary both question and answer. He shall also
then and there, subject to consent of prisoner, examine the prisoner’s body to see
whether there are any marks of ill-treatment and shall record the result of this
examination, certifying in his diary investigation whether to the best of his
knowledge and belief the prisoner has suffered ill-treatment or not, and whether
he has marks of ill-treatment on his person. Should be prisoner refuse to allow
his body to be examined, the refusal and reasons given for it shall be recorded.
If an allegation of ill-treatment is made or if makes of ill treatment are found on
the prisoner’s person, the investigating officer shall so far suspend the
investigation on which the prisoner has been arrested, as to forward the prisoner
with his complaint, the record of corporal examination, any other evidence
available, and, if possible, the police officers implicated by the prisoner’s
complaints, to the nearest Magistrate having jurisdiction to inquire into the case.
Whenever such action is taken the Superintendent of Police must be informed
immediately.
The same procedure shall be followed by the Officer-in-charge of a station
in the case of persons arrested otherwise than in the course of police investigation.
In such cases question and answer shall be recorded in the general diary of the
police station.
Note.- The examination required by this paragraph shall be made, when
the prisoner is a female, by another woman, with strict regard to decency under
provisions of Sec. 51 (2) Cr. P.C. the medical examination of a female should be
done by a Registered Medical Practitioner only by the prior consent of the woman
according to the provisions of Sec. 53 (2).

154. The search of an arrested person.- The search of an arrested person


under Section 51 (1) of the Code of Criminal Procedure, 1973 (2 of 1974) should
be made in the presence of two witnesses unconnected with the police, whenever
such witnesses are available. All property of which police take possession should
be marked and entered in a list. Searches should be made with consideration and
in such privacy as may in each case, be possible, undue exposure of the person
should be avoided.

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155. Arrested person should not be subjected to any unnecessary


hardship.- A person arrested should not be subjected to any unnecessary
hardship or indignity. The instructions regarding handcuffing and fettering of
convicted and under trial prisoners, contained in Rules for Guards and Escorts
will apply, as far as possible, to all arrested persons on their way to police stations
and form outlying police stations to headquarters.
Visits of friends and legal advisers should be permitted subject to any
precautions which may be necessary to prevent the prisoner from escaping or
otherwise defeating the ends of justice.
When handcuffs are used a pair should be selected which will fit the
prisoner’s wrists; the key should be carried in the breast pocket of the police
officer-in-charge of the prisoner.
For journeys by road prisoner or arrested person who wishes to travel in a
hired conveyance should be allowed to do so, provided he is willing to pay both
for himself and his escort.
When travelling by rail, arrested persons or prisoners will ordinarily travel
in a third class compartment. But if a prisoner or arrested person is willing to
pay for a higher class fare, including the fare of the police escort, he should be
allowed to travel by the class of his choice.

156. Conditions for granting bail to accused person by the station


officer-in-charge.- Whenever an accused person is arrested the investigating
officer or officer-in-charge of the station must consider with reference to Section
169 and Chapter XXXIII of the Code of Criminal Procedure, 1973 (2 of 1974)
whether bail should be allowed. Bail cannot be refused unless there are
reasonable grounds for believing that the accused has been guilty of a non-
bailable offence, and even in such circumstances the grant of bail by the officer-
in-charge of a police station is not prohibited unless the offence is punishable
with death or transportation for life. An investigating officer not in charge of a
station may not take bail, except under Section 169 of the Code of Criminal
Procedure, 1973 (2 of 1974) when there is not sufficient evidence or reasonable
ground of suspicion to justify the forwarding of an accused person to a

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Magistrate. In cases covered by Sections 436 and 437, Code of Criminal


Procedure, 1973 (2 of 1974) he should send accused person to the officer-in-
charge of the police station with his recommendations. In case where there are
reasonable grounds for believing that a person has been guilty of a non-bailable
offence, an officer-in-charge of a police station should, before releasing him on
bail according to the special provisions of Section 437, Criminal Procedure Code,
1973 (2 of 1974) consider his past history, if known, and also the possibility of
his absconding, should be released.

157. Proper case of undertrial prisoners confined in police lock-ups.-


Officers-in-charge of police stations are responsible that proper care is taken of
undertrial prisoners confined in station lock-ups or in transit to Courts, blankets,
lotas, and conservancy utensils are supplied to all station lock-ups by the
Superintendent of Police from the grant provided.
Lock-ups should be supplied from the police contract grant, with
tatpurdhas or other contrivances for the protection of prisoners from the
inclemency of the weather.

158. Maximum number of persons accommodated in lock-up.- The


Superintendent of Police will determine for each police station lock-up (male and
female) the maximum number of persons who may be accommodated therein at
the same time. This number will be marked in a conspicuous place on the exterior
of the lock-up. The basis of calculation is 36 square feet of floor and 540 cubic
feet of space for each person.
Prisoners may not be kept in a lock-up in excess of its specified capacity.
When people under arrest at a police station number more than the maximum
capacity of the lock-up, the excess must either be housed in a neighbouring jail
or in quarters in vicinity if available, safe and suitable and which may be rented
temporarily, if necessary, or, if no such accommodation is available in the
vicinity be sent to the nearest lock-up where there is room. Superintendent of
Police will lay down for each police station where prisoners in excess of lock-up
accommodation shall be housed or despatched at the same time passing orders
for the guarding of prisoners housed elsewhere than in lock-ups.

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159. Instructions regarding scale of daily diet for healthy prisoners.-


Detailed instructions regarding the scale of daily diet for healthy prisoners and
the diet for sickly prisoners in transit, and regarding prisoners undertrial in the
Court of a Magistrate in camp, will be found in Rules for Guards and Escorts.

160. Under trial prisoners should not be kept at Courts so late.- According
to the Manual of Government Orders, undertrial prisoners should not be kept at
Courts so late as to necessitate their admission to jails and lock-ups after lock-up
time. Every effort will be made by Magistrates to ensure that the above directions
are observed by subordinate Courts. Undertrial prisoners, however, who cannot
arrive before lock-up time should be sent to jail except under the special orders
of the Magistrate concerned. It is unnecessary and impracticable to specify the
circumstances in which such an order should be passed. The question for
consideration in each case will be whether there are circumstances which render
it undesirable in the interests of justice or security that a prisoner should remain
in police custody. As to the existence or otherwise of such circumstances, the
Magistrate concerned must exercise his own discretion subject to the general
control and supervision of the District Magistrate. The Inspector General of
Prisons has issued instructions to all jail Superintendents to arrange for the
admission of undertrial prisoners to Jail after lock-up time, provided that the
necessary warrant is produced at the jail gate. District magistrates have been
directed by Government to designate a Magistrate whose duty it will be to sign
the remand forms of prisoners who arrive for the first time at headquarters after
lock-up time. Superintendents of Police will see that their public prosecutors
understand these orders and assist in their execution.

161. Lunatics never, confined in cells with other persons.- Officer-in-


charge of police station will be held personally responsible that lunatics, or
persons suspected to be such, are never in any circumstances confined in cells
with other persons.

162. Minor girls should not be kept in the custody of police.- As a


rule, minor girls, especially those termed as ‘strayed’ should not be kept in the

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custody of the police. In all cases where a hospital or dispensary with female
accommodation exists, such girls should be made over to the hospital authorities
as dieted patients.
The period for which it will be necessary for the dispensary to keep such
girls will not exceed fifteen days save with the consent of the district board
concerned.

163. Seriously sick person to be kept in custody, where he is.- When


a person arrested has to be kept in custody but s in such state of health that he
cannot be moved without serious risk to himself or to others, the officer making
the arrest must make suitable arrangements to keep him in custody where he is.

164. Rules for guidance of the police in dealing with Juvenile


Offenders.- Rules for the guidance of the police in dealing with juvenile
offenders will be found in Rules for Guards and Escorts.
Juvenile convicts released from the Bareilly Juvenile Jail, will not be
escorted to their home by the police. The police shall ordinarily have nothing to
do with them after release except when history-sheet have been prepared for them
in accordance with the orders in paragraph 234 of these Regulations. Juvenile
convicts released from other jails shall be escorted to their home by the police in
accordance with paragraph 336 of the Jail Manual (Revised edition 1941).

CHAPTER XIV
CUSTODY AND DISPOSAL OF PROPERTY

165. Rules for disposal of movable property.- The following rules


govern the disposal of movable property of which the police take possession :
(i) An abstract list of the property will be made in the general diary. A
separate extract of every entry relating to such property will be
prepared at the police station and forwarded to the Magistrate
concerned.
(ii) Bulky property, other than livestock, taken possession of under
Section 25 of the Police Act V of 1861 attached, distrained or seized

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under Sections 83/84, 422 or 457 of the Code of Criminal Procedure,


1973 (2 of 1974) shall ordinarily, pending the orders of the
Magistrate, be left at the place where it was found in the charge of
some land-holder or other respectable person willing to undertake
responsibility for its custody and to produce it when required by the
Court.
(iii) (a) Pending the orders of the Court, livestock shall ordinarily be
made over to the pond-keeper, and while the animals are in
his charge any person who claims to be the owner or other
person on his behalf, may if he so desire be permitted to
arrange for feeding and watering them.
(b) Instead of making the animals over to the pond-keeper, the
officer-in-charge of the station may, if he thinks fit, appoint
one or more herdsmen to look after them; on an application
being made to him by any person, he may if this can be done
with safety make them over to such person on his executing a
bond with or without sureties to produce when required.
(c) The cost of the custody, feed and transport of livestock will
in almost all cases be realized from the sale price of such as
are sold, or from the person to whom the stocks are delivered
by order of the Court and should be so realized subject to any
order passed by the Court.
(d) If the livestocks are sold, the officer-in-charge of the station
where they are seized and the police Muharrir attached to the
Court which orders the sale, will be responsible for bringing
to the notice of the officer conducting the sale the amount of
the expenditure incurred on them order that the account may
be adjusted. Should the expenditure exceed the sale-proceeds
the difference must be paid from the Superintendent’s
contract grant.
(e) If the livestocks are ordered by a Court to be delivered to any
person the police Muharrir attached to the Court apply to the
Court for orders as to the payment of expenses. If the Court

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orders expenses to be paid by the person to whom the animals


are to be delivered, they must not be delivered to him until he
had paid. If he fails to pay, the Court must be asked for orders.
(f) If the Court orders the cost to be paid by Government,
payment will be made from the Superintendent’s contract
grant.
(iv) When the police take possession of movable property of person
dying intestate, a list in duplicate of all such property containing full
and accurate description must be prepared in the presence of and
signed by two respectable witnesses of the locality. Property falling
under the following heads should not be forwarded to headquarters
but should be sold by auction by station officers on the spot after
sanction has been obtained in each particular case, from the Judge’s
Court through the District Magistrate in the Province of Agra, and
from the District Magistrate in the Province of Oudh :
(a) Property subject to speedy and natural decay;
(b) Articles worthless than 8 annas each.
(c) Property of which the cost of keeping and conveying to the
District Courts will exceed its value.
(d) Property not included under the foregoing heads when its total
value is not less than Rs.5.
(v) Property forwarded to headquarters should be sent direct to the
public prosecutor, numbered and labelled (if not livestock), and
accompanied by a full and accurate description in triplicate. The
label should show the person from whom it was taken, or the place
where it was found, and the date. If the property corresponds with
the description, the public prosecutor shall before sending the paper
to the Magistrate cause to be entered by the malkhana Muharrir-
(1) unclaimed property or property seized under Section 457 of
the Code of Criminal Procedure, 1973 (2 of 1974) in his
malkhana register of unclaimed or case property;

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(2) weapons and other articles sent under Section 170 of the Code
and movable property seized as liable to confiscation or
forfeiture in his malkhana register of impounded property;
(3) all movable property belonging to an accused person, or to a
convict, or attached under Section 83 / 84 of the Code, or
distrained, in default of payment of fines, penalties or fees in
his malkhana register of miscellaneous property;
(4) intestate property in his register of intestate property
(Lawaris). He will then, on the triplicate copy of the
description received from the police station, endorse a receipt
for the property and the number of the entry in the malkhana
register and return this copy to the officer who brought the
property from the police station. The original copy of this list
should be kept by the officer-in-charge of the malkhana and
the second copy sent to the Court concerned with other
relevant papers. The copy kept by the officer in charge,
malkhana should be referred to by the officer checking the
malkhana.
Note.- Property that is subsequently to be identified should be sealed by
the investigating officer in the presence of the search witnesses, who should sign
or affix their impressions on the wrapper containing the property in attestation
that the seal was affixed in the presence. The seals should be broken only by the
Magistrate who conducts the identification of their property. If such property is
sent to the public prosecutor he should make an entry in his register as to the seals
on the package being intact, and should not break the seals or enter particular in
his register until the identification proceedings are over.
(vi) When the property consists of gold, silver, jewellery or other
valuables it must be sent in a sealed packet after being weighed and
its weight must be noted in the general diary and on the list which
accompanies the packet. A set of weights and scales should be kept
at each police station.

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(vii) The malkhana Muharrir, who should be an officer of not less than
15 years standing will sign the receipt in token of his having
received the property intact in the malkhana.

166. Property worth more than Rs. 100 should be kept in the custody
of Malkhana Moharrir.- Unless the Magistrate otherwise directs, property of
every description except cash exceeding Rs.100 and property of equal value and
property pertaining to cases of importance, which will be kept by the public
prosecutor in a separate box under the lock and key in the treasury, will remain
in the custody of the malkhana Muharrir under the general control and
responsibility of the public prosecutor until it has been finally disposed of.

167. Duty of Malkhana Moharrir attached to Courts.- It will be the duty


of the malkhana Muharrir to deliver over to and receive back from police attached
to Courts, property required during the day. He will be responsible for seeking
that such property is received back intact.

168. Responsibility of Public Prosecutor.- The Public Prosecutor is


responsible that the Court orders, regarding the disposal of property carried out,
and when satisfied that this has been done, will give a certificate to this effect in
the malkhana register. Before giving such a certificate the Public Prosecutor
should (a) in the case of property returned to a thana for disposal, examine the
station officer’s report attesting recipients’ signature, (b) in the case of property
made over to a party in Court, see the Magistrate’s certificate on the list of
property, (c) in the case of property sent to the treasury for deposit, see the
treasury officer’s receipt before sending the list of property to the Court
concerned, and (d) in the case of property ordered to be destroyed in the
Magistrate’s presence, see the Magistrate’s signature on the list of property
certifying that this has been done.

[168-A. Rules to destroy illicit firearms and weapons after the decision
of the court- Illicit firearms and weapon recovered by Police that are to be
destroyed after the decision of the Court, should be destroyed in presence of
members of a committee consisting of (a0 an Executive Magistrate nominated by

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the District Magistrate, (b) a Police Officer not below the rank of Dy.
Superintendent of Police, nominated by Superintendent of Police (c) a
respectable person who is not Govt. Servant, nominated by District Magistrate.]

169. Duty of Public Prosecutor to inform the Court about unclaimed


property lying in Malkhana for more than 6 month- It is the duty of the Public
prosecutor to bring to the notice of the Magistrate concerned all cases in which
unclaimed property has been lying in the malkhana for more than six months, all
cases in which perishable property is deteriorating owing to orders being delayed,
and all cases in which apparently avoidable delay is taking place.

170. Monthly inspection of Malkhana by Public Prosecutor- The


Public Prosecutor should inspect the malkhana monthly. A gazetted officer
should inspect it quarterly and check and sign the registers, maintained for it.

171. Police Officer attached to the Court of a Magistrate will observe


the rules laid down for the guidance of the Public Prosecutor- The police
officer attached to the Court of a Magistrate who is in camp or located elsewhere
than at the headquarters of the district, will observe the rules laid down for the
guidance of the Public Prosecutor, is so far as such rules can be made applicable.
He shall maintain the register of arms and ammunition and military stores
prescribed in paragraph 36. The register shall be checked periodically by circle
inspectors and gazetted officers when on tour may be sent or brought to
headquarters to be checked by the Public Prosecutor there.
For further order regarding custody and disposal of property see the
Manual of Government Orders.

172. Personal property of persons dying intestate must not be treated


as unclaimed property in the Province of Agra- In the Province of Agra, the
personal property of persons dying intestate must not be treated as unclaimed
property under Section 25 of Act V of 1861, but must be dealt with under the
Manual of Government Orders. The procedure is the same in both cases up to
the stage at which the Public Prosecutor receives and registers the property and
makes a report to the District Magistrate. After this, in the Province of Agra, the

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Public Prosecutor must forward a copy of his own report and of the District
Magistrate’s order through the District Magistrate to the District Judge for orders.
All expenses incurred in maintaining intestate property and in conveying it to the
District Judge’s Court are recoverable from the Court.

173. Process after deposition of any arms, ammunition in


Police Station- When any arms, ammunition or military stores have been
deposited at a police station under Section 16 of the Arms Act, 1959 (54 of 1959),
the officer-in-charge of the Police Station shall affix to each weapon or article a
ticket showing the name of the depositor, the date of deposit, and a description
of the weapon or article deposited. He shall also hand over to the depositor a
duplicate of this ticket signed by himself, as a receipt, and inform him that
Government will be responsible only for the safe custody of the articles and not
for their preservation from rust and decays.
At the end of fourteen days, if the owner has not obtained a licence
authorizing him to possess them, the arms, ammunition and military stores shall
be forwarded to the headquarters of the district and shall there be kept in the
District Magistrate’s malkhana or in that of the Superintendent at the discretion
of the District Magistrate. If they are deposited in the District Magistrate’s
malkhana the Nazir will be responsible for their custody; if in the
Superintendent’s malkhana, the Public Prosecutor will be responsible.
Further instructions will be found in the Arms Rules, 1962.

CHAPTER XV
SPECIAL CRIMES

174. The information of Robbery or Dacoity be sent to other


neighbouring police stations immediately.- As soon as possible after
occurrence of a dacoity or gang robbery, the officer-in-charge of the station shall
send information by the speediest method to neighbouring police stations, and
dispatch police to watch ferries and canal and railway bridges, railway stations,
sarais and other likely places in the direction in which the offenders are supposed
to have gone. Suspected persons should be stopped and should be brought to the

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police stations; they may be arrested, if necessary. The same steps should be
taken by officers incharge of other stations to which information is sent.

The Superintendent of a district in which dacoity or gang robbery occurs


should send immediate information for neighbouring districts.

Descriptive rolls of the offenders, if procurable, should be sent to


neighbouring stations by the investigating officer, and to other stations and
headquarters of districts by the Superintendent.

Superintendent on receiving information of a dacoity in another district


should order the police of their own districts to be on the alert, and should send
instructions to any station where special precautions are necessary.

It is important to spread the news as widely as possible when dacoities are


being committed by a wandering gang.

For the action which may be taken in Indian States see Chapter XXIV.

175. Guidelines in a case of professional poisoning- When a case of


professional poisoning occurs, action should be taken on the lines indicated in
the proceeding paragraph, but on a smaller scale. The Superintendent and the
officer-in-charge of the station should exercise their discretion as to the places to
which information should be sent and places which should be watched.

Great care should be taken in recording the descriptive roll of the offender,
full particulars of his appearance can generally be ascertained, as a poisoner
spends some time with his victim.

To secure corroborative evidence in anticipation of the poisoner’s arrest, it


will sometimes be useful to take the complainant to places where he say he has
been in the poisoner’s company, and to confront him with any persons, such as
sarai-keepers, grain sellers and others who may have seen them travelling
together. The complainant should not be compelled to remain with the police in
the expectation of the poisoner’s return.

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176. Duties of S.O. after a report of disappearance of any boy under


14 years of age or girl under 16 years of age- When the disappearance of any
boy under 14 years of age or girl under 16 years of age is reported, and the
circumstances point to an offence of kidnapping, the officer-in-charge of the
station shall inform neighbouring stations and forward to the Superintendent a
descriptive roll of the minor, together with any information which may have been
collected as to the direction in which the child has probably gone and a
descriptive roll of any person suspected of having taken away the child. The
Superintendent will take such action as he considers best for the recovery of the
minor.

Village policemen should be instructed to report the disappearance of any minor


or the arrival of any unknown minor.

177. Duties in case of direct cattle poisoning-In case of direct cattle


poisoning, the mortality among cattle should be watched and inquiries made
whenever a number of sudden deaths occur especially if the price of hides is high.
Village policemen should report any unusually high death-rate. When there is a
high mortality of cattle not due to disease, it is important to trace the movements
of contractors who have been purchasing the skins. It is sometimes noticed that
a contractor visits a village, that cattle die after his departure, and that he returns
shortly to purchase the skins.

Zamindars should be urged to destroy the skins of all cattle dying in


suspicious circumstances.

When chemical analysis is desired, portions of the deceased animal’s


kidney, liver and stomach, and the contents of the stomach should be sent, steeped
in salt and water, to headquarters for the orders of a Magistrate.

In cases of suspected cattle poisoning a short account of the facts should


be given in the following form for the guidance of the Chemical Examiner when
substances are sent for analysis :
(1) Species of animal and name of owner.

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(2) Nature of food last taken.


(3) How soon after this food did symptoms of illness appear?
(4) Did the animal appear to be in pain?
(5) Did purging occur?
(6) Was there discharge from mouth or nostrils?
(7) Were convulsions observed?
(8) Did the animal appear to be unconscious? If so, how soon after the onset
of the symptoms?
(9) It is suspected that the poison was administered by the mouth rectum or
hypodermically (’sui’ poisoning?)
(10) Was any foreign matter present in the rectum?
(11) Did death occur?

Information on the above points should be furnished to the District


Magistrate before the latter officer sends the substance for chemical analysis.

178. The poison used to destroy cattle be sent for chemical


examination to the F.S.L. – The poison used to destroy cattle is often Arsenic
and sometimes Acconite. A common method of administering Arsenic to an
animal is to mix common white Arsenic in rough power with flour dough and
then to wrap up the poisoned dough in fresh grass or stems of the gram plant.
Sometimes a rag impregnated with snake poison is inserted in the anus of
an animal. When a case of this kind is detected the rag should be sent for
chemical examination. In such a case the poison may be expected to be greasy
substance of diary white colour, like putty.
A common form of poisoning is by pricking the animal, generally in the
back, with spike composed of dhatura opium, gunchi seeds and onion, the
ingredients being worked into a paste with spirit, made into spikes and then dried
and hardened in the sun. A few hours after the animal has been pricked with one
of these spikes a swelling appears and slowly extends over a portion of the body.
But until the animal drops and cannot move, which it does three or four days after
the swelling has appeared, there are no symptoms except the swelling, abstinence
from food and disinclination to sit down. The swelling should be carefully

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examined to discover the puncture which is so small that is not easily seen. Cases
are on record which show that poison has been administered in this fashion to
human beings also.
Thefts of Bovine Cattle
179. Report strays of cattle shall be at once recorded as thefts and
investigated – Reported strays of cattle from within inhabited sites or cattle sheds
in the districts of Saharanpur, Meerut, Muzaffarnagar, Bulandshahr, Aligarh,
Agra, Farrukhabad, Moradabad, Budaun and Shahjahanpur shall be at once
recorded as thefts and investigated; other reported strays should not be so
recorded or investigated unless the owner, when reporting the strays, has
expressed doubts and asked for an investigation or unless from the special
circumstances of the case, the officer-in-charge of a police station has reasons
(which must be recorded) for believing that theft has occurred.

180. Investigations shall be made in every case of cattle theft –


Investigations shall be made in every case of cattle theft whatever be the value of
cattle stolen, although the owner may not wish for an investigation.

181. Directions to S.O.’s for thefts of cattle – The following directions


apply to all districts :

(1) Officer-in-charge of stations shall send early reports of the


occurrence of cattle thefts, with descriptive roll of the stolen cattle,
to all neighbouring stations of their own and other districts. They
shall also send notices of all reported strays to the poundkeepers, if
any, within the limit of their stations, and shall post notices of strays
on the notice boards of their stations.
(2) Cattle in pounds should be carefully comparted with the descriptive
rolls of stolen cattle. Careful inquiry should be made in the cases of
cattle impounded by persons other than agriculturists of the
neighbourhood, or reclaimed by persons living at a distance from
the pound.

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(3) Constables should be furnished with lists of strays reported from


their beats during the year and should ascertain from chaukidars and
villagers whether strays have been recovered, and, if so in what
circumstances. Village chaukidars should also be questioned on
these points when they visit the police station.
(4) When village chaukidars visit the station the officer-in-charge shall
cause to be read out and explained to them any reports of cattle theft
or strays which have been made at the station.
(5) Every officer-in-charge of station should keep himself well
informed of the names and addresses of thangdars of cattle and
should endeavour to discover whether stolen cattle are habitually
taken in any particular direction and whether there are in his circle
any villages, most of the inhabitants of which are in sympathy with
cattle chieves, or any tracts such as dhak jungles and river khadir
where stolen cattle can be temporarily detained. At each police
station in the districts of Saharanpur, Muzaffarnagar, Meerut,
Bulandshahhr, Aligarh, Moradabad, Agra, Farrukhabad, Budaun
and Shahjahanpur the station officer will keep with his village crime
note-books, a list showing the names of thangdars, and of the
villages in which they live. No other particulars need be given on
these lists as the village crime note-book will contain detailed
information. If any village is so full of thungdars, that is not
worthwhile to specify particular persons (as in some Gugar
villages), it will be sufficient to put the name of the village only on
the list. The list will serve as an index to the village crime note-
book and will show a new station officer or an inspecting officer at
a glance to what extent cattle theft is prevalent.

Superintendents of Police of the other districts may extend this order to all
or any of their police station at their discretion.
(6) Rewards should be freely given not only for the actual arrest of cattle
thieves, and for the recovery of the cattle, but also for good
information regarding the residence, customs and routes of cattle

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thieves and their associates. In this matter village chaukidars should


be intelligently encouraged to assist.
(7) All offices relating to cattle, which fall under Section 411, 412 or
414 of the Indian Penal Code should be registered in and set up for
trial from the district and station within the limits of which the theft
was committed. The offence will be registered there as theft.
Note - Superintendents of Police of Uttar Pradesh should not insist on the
police of other States following this rule.
(8) Station officers and circle inspectors of the Uttar Pradesh whose
circles border on police circles of the Punjab should arrange to meet
the station house officers and circle inspectors of the Punjab circle
concerned once a month to discuss police border problems, with
special reference to cattle theft and criminal tribes. At each meeting
they should make a brief record of the subjects discussed and the
action proposed, and forward it to the Superintendent for orders.
(9) Superintendents of Police of the following districts in the Uttar
Pradesh should keep Superintendents of Police of the following
districts in the Punjab informed regarding tribes in their districts
registered under the Criminal Tribes Act. They should at the same
time ask the Superintendents of Police of the Punjab districts
concerned to supply them with similar information :

PUNJAB/HARYANA UTTAR PRADESH UTTARAKHAND


Gurgaon Meerut Dehra Dun
Karnal Moradabad Shahranpur
Rohtak Bulandshahr
Ambala Bijnor
Faridabad Muzaffarnagar

182. Cooperation between police stations for the suppression of cattle


theft- Circle inspectors must satisfy themselves by comparing notes with one
another and by inspecting police stations that the history-sheet of every cattle
thief of every station in their circle shows the connection between that cattle thief

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and cattle thieves of the other stations, whichever such connection can be traced.
It is one of the man duties of the circle inspector to effect co-operation between
stations for the suppression of cattle theft.

All cattle strays must be reported at the police station by the village police.

183. [Omitted]

184. One literate police constable should be sent to attend important


cattle fairs- One constable – if possible literate – should be sent from every
neighbouring police station to attend important cattle fairs and markets with the
object of scrutinizing sales of cattle, making inquiries in the case of any sale of
any animal which he may suspect to have been stolen, and generally gathering
information as to the character and honesty of cattle dealers, butchers and other
buyers and sellers. He should bring with him from his police station a list of all
animals stolen within the past six months. This list should include as full a
description as possible of such animals, and the constable should carefully
compare these lists with the animals that are being sold, with a view to detecting
the sale of a stolen animal.

185. Duty of S.O. to check the registers of owners of private cattle


markets- It shall be the duty of the station officer to check periodically the
registers maintained by the registering clerk, employed by the owners of private
cattle markets within his jurisdiction either personally or through any officer
subordinate to him not below the rank of head constable. Such registers may also
be checked by any officer not below the rank of head constable specially
authorized by this purpose by the Superintendent of Police. It shall be the duty
of every registering clerk appointed under Rule II (I), (2), (4) and (5) of paragraph
183 of these Rules to allow free inspection of his registers by any police officer
authorized under this paragraph or who may require to consult such register in
connection with the prevention of crime.
CHAPTER XVI
CRIMINAL TRIBES, FOREIGNERS AND VAGRANTS

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186. Rules regarding the registration and surveillance of resident and


wandering criminal tribes- For the rules regarding the registration and
surveillance of resident and wandering criminal tribes see the Criminal Tribes
Manual.
187. Instructions for dealing with suspicious foreigners- Instruction
for dealing with suspicious foreigners and gangs of foreign Asiatic vagrants are
contained in the Manual of Government Orders. Such gangs should not be passed
on under police of other guards to other districts of other provinces or to Indian
States. If it is desirable to deport them, the order of the District Magistrate should
be obtained.

188. Orders relating to European vagrants- For the orders relating


to European vagrants see the Manual of Government Orders. See also Criminal
Investigation Department Manual, Part I, Chapter VI.

189. Deputation of a police officer for a foreigner who gets order of


removal from India- Whenever a foreigner is directed by a written order under
Section 3 of the Foreigners Act III of 1964, to remove himself from British India,
a police officer shall be deputed to travel in the same train as the foreigner to see
that the terms of the order are strictly obeyed. The police officer shall be provided
with a copy of the order and in case of its infringement shall under Section 4 of
the Act at once arrest such foreigner and take him in custody before the nearest
local authority unless the foreigner on being arrested satisfies the police officer
that he is prepared to comply with the order and proceed at once to his destination.
For the power of district authorities to arrest and detain foreigners in anticipation
of orders of removal under Section 3, see Section 3 (a) of the Act.

CHAPTER XVII
PATROLS AND PICKETS

190. Rules for the patrolling of roads- The following rules govern the
patrolling of roads:

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(i) Civil Police shall ordinarily be employed; armed and mounted


police may be used in special circumstances; village chaukidars may
not be used.
(ii) Where constables can be spared for the regular patrol of roads the
officer-in-charge of each station will choose a word daily as a parade
and will record it at the beginning of the general diary for the day.
He will write the word over his signature on slip of a paper which
he will give to the patrol; the officer-in-charge of the station at which
this paper is delivered will attach it to the copy of his general diary
which he sends to headquarters. Advantage may be taken of any
public day, except escort of prisoners or treasure for the conveyance
of the patrols. The time at which patrols are sent out should vary
and they should be sent out at the hour or on the occasion when they
can be most useful; for instance, carts containing property of value
may be accompanied. Patrols should see that order is maintained
along the road, and watch over the security of travellers. No regard
should be paid to district and police station boundaries. The patrol
of the road between two police stations devolves upon the police of
those stations, whether situated in the same or different districts.
(iii) Constables employed on night duty as road patrols may be armed
with spears or muskets.

191. Duties of Patrols- Patrols should prevent and report cases of injury
to road-side trees and encroachments on the road. If there is telegraph line along
the road the patrol should look out for and report any damage to poles and wires;
information of such damage should be sent immediately by the officer-incharge
of the police station to the nearest telegraph office.

192. Information of thefts of copper telegraph wire- In order to ensure


that police shall receive sufficiently prompt information of thefts of copper
telegraph wire, it has been arranged with the Telegraph Department that the
linesman who is sent to repair a break after wire has been stolen shall, if possible,
take a police officer with him. Any officer of the district or railway police who

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is requested to accompany a linesman on such an occasion should comply with


the request, and if the theft has not occurred in his jurisdiction, should take such
steps as may be necessary for the detention of the thief and should communicate
with the officer-in-charge of the station concerned.

193. Cooperation of district and railway police for suppression and


detention of thefts of copper telegraph wire- All officers of the district and
railway police are expected to cooperate with each other and with the Telegraph
Department in the suppression and detention of this form of the crime. Officer-
in-charge of the police stations should not wait to hear from the linesman, if they
receive information of a theft otherwise than through him, but should go to the
spot immediately. Special measures should be taken to watch a telegraph line for
some days after the theft of wire in view to catching the culprits in the act.
Information should be sent to the neighbouring police stations through which the
telegraph line runs.

194. Six-beat system of Patrolling in towns- In towns, patrol should be


carried out on the ‘six-beat system’, the essential features of which are that every
man should have two nights’ rest in every six, that there should always be one
man on duty in the beat by day and two men at night (from 10 p.m. to 6 a.m.) and
that no man should have more than four hours’ night work at a time)
The following table gives an example of the distribution of beat duty
according to the system, which may be varied to suit local requirements :
Scheme of beat duty in towns
HOT WEATHER
Day Night
Hours Hours
6-8 8-10 10-1 1-4 4-6 6-8 8-10 10-2 2-6
1st … … A B C D A B CD EF AB
2nd … … C D E F C D EF AB DC
3rd … … E F A B E F AB CD EF
4th … … etc. … … … … … … … …

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COLD WEATHER
Day Night
Hours Hours
6-8 8-11 11-2 2-5 5-8 8-10 10-2 2-6
1st … … AB C D E F CD EF AB
2nd … … CD E F A B EF AB CD
3rd … … EF A B C D AB CD EF
4th … … etc. … … … … … … …

Notes.- (1) The men on patrol duty at night should be constantly on the
move and should pay special attention to places when burglars are likely to
operate. Half the men off duty during the day must be present at the station or
outpost. All the men off duty must be present at night.
(2) Where the force is large enough, beats should be arranged in circles
each circle being in-charge of sub-inspector or head constable. If chaukidars are
used for watch and ward, this supervisory duty may be performed by a constable.
The officer should go his rounds with a special night patrol to see that the men
on beat duty are doing their work properly and to look out for thieves. This
special patrol may with advantages wear plain clothes occasionally. Men on beat
duty and on special night patrol in towns should be provided with spears
bludgeons.
(3) Constables on patrol duty should be made responsible for the
surveillance of registered bad characters at night.

195. Pickets in town and rural areas- To supplement, or as an alternative


to night patrol, pickets may be posted in town and rural areas-
(1) to watch the houses or approaches to the houses of registered bad
characters (compare paragraph 236);
(2) to intercept criminals on their way to or from the scenes of crimes.
Two men will ordinarily form a picket, but in special circumstances e.g.,
if dangerous criminals are likely to be met, this number must be increased.
Pickets should take up their positions without attracting attention. They must
not move about or make noise, and must be well concealed. Each member of a

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picket should watch in turn while his companions sleep. Should a bad character,
whose house is picked, leave it during the night, the picket should not ordinarily
follow him but should watch for his return. The picketing system should be used
as a means of controlling bad characters who are suspected to be temporarily
active, and in areas where dacoity or burglary is rife.

CHAPTER XVII
SPECIAL GUARDS AND ADDITIONAL POLICE

196. General instructions concerning guards and escorts- For general


instructions concerning guards and escorts, reference must be made to ‘Rules for
Guards and Escorts’ 1928.

197. Patrolling party from reserve lines- Every night a patrolling


party from the reserve lines shall visit all the police guards at headquarters
deputed from the lines : provided that the Superintendent, with the sanction of
the Deputy Inspector General, may direct that any guard which is far from lines
be visited frequently or occasionally instead of nightly. The patrolling party
shall visit all public buildings on or near their route to see that they are secure.

198. Requests for supply of guards from other departments- Requests


received from officers of other departments of Government for the supply of
guards can be supplied without unduly weakening the reserve. The strength of
the guard should be determined by the Superintendent with reference to
departmental rules if they apply to the case or at his own discretion if there are
no rules to guide him.
It is necessary in each case for the Superintendent to determine or when in
doubt to ascertain from the Inspector General whether the guard shall be charged
for or not. The Superintendent must be guided by the following instructions :
(a) No charge should made for guards supplied to other departments of
the Local Government with the exception of commercial
departments such as the Irrigation Department.

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A list of the Central and State Departments and undertakings at present


recognized by Government as commercial is given in Annexure to Appendix IX
of the Financial Handbook, Vol. V, Part I.
(b) The Government of India have accepted liability to-
(i) charges on account of travelling and other incidental expenses
of the police escorts provided for treasure remittances in the
Uttar Pradesh, and
(ii) charges on account of the pay, supervision charges, and
pensionary contribution of the police, guards applied to the
Currency Office at Kanpur, and to the Opium and Survey
Departments.

It may be assumed in the absence of specific instructions to the contrary


that guards supplied to other departments of the Central Government e.g., the
Postal Department, will be charged for as indicated in Clause (b) (ii) above.

199. Supply of police for private entertainments- Police may be


supplied for private entertainments, but must be paid for at the rates given in
paragraph 158, Office Manual.

200. Rule for charges for special police protections in fairs or melas-
District and municipal boards and notified areas are not as a rule liable to pay for
special police protection afforded on the occasion of fairs or melas which are in
the nature of an established public function. Police deputed for duty at district
exhibitions are supplied under Section 13 of the Police Act and recoveries from
the exhibition authorities are made under the same section. The detailed rules
regarding these charges will be found in Chapter XIV, Office Manual.

201. Charge taken for police for private melas or fairs – Private
associations or individuals should be charged for the police supplied at fairs or
melas organized by them, at the rates laid down in the Office Manual.

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202. Rules regarding the supply of police protection in railways- The


rules regarding the supply of police protection to railways and recoveries therefor
are detailed in paragraph 157, Office Manual.
The rules regarding the supply of police escorts on the requisition of an
Agent of the State Bank of India, except where the treasury officer certifies that
the remittance is on Government account, will also be found in paragraph 157,
Office Manual. These escorts are supplied under Section 13 of Act V of 1861.

203. No orderly may be employed without the special sanction of the


D.I.G. – Except as provided in paragraphs 72 and 79 of these Regulations, no
orderly may be employed or furnished by the Superintendent of Police without
the special-sanction of the Deputy Inspector General.
A separate staff of orderly peons is maintained for the use of gazetted
police officers and of reserve inspectors and for service in the offices of
Superintendents of Police. The sanctioned scale must not be exceeded.

204. Guard provided for the Commissioner of a division- A guard of


one head constable and three constables will be provided for the Commissioner
of a division, the Inspector General of Police, and the Deputy Inspector-General
of Police, when on tour. A similar guard may also be provided at places other
than Allahabad and Lucknow for an Hon’ble Judge of the High Court and the
Members of the Board of Revenue other than Judicial Members when they visit
such places during the course of their tour of inspection.
Such guards may be supplied by the Superintendent of each district which
the officer on tour visits. The Superintendent of Police of such district will, if
necessary, apply to the Deputy Inspector-General of Police for relief from his
range reserve in which allowance for such claims have been made.

205. Armed police guard for Magistrates- Every Joint Magistrate and
Assistant Magistrate and every Deputy Magistrate in charge of a sub-division
shall have a civil police constable deputed from the reserve lines to his camp
during his tour, to preserve order. District Magistrates, Superintendents of Police
and Joint Magistrates in charge of the sub-divisions of Karwi (Banda) and
Lalitpur (Jhansi) are allowed an armed police guard of one head constable and

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three constables each for their houses; they may take these guards or any part of
them, with them when they go on tour to guard their camps and to preserve order.

206. For additional police, S.P. should consult the D.M. – If there is
time for a reference the Superintendent should consult the District Magistrate
before supplying additional police under Section 13 of the Police Act, V of 1861,
except a small guard required for very short period.
The guard supplied should always be large enough to enable its duties to
be performed efficiently without undue hardship to the men. A guard for day and
night work should never consist of less than four men. Without the sanction of
the Deputy Inspector General of the range, firearms should not be issued to
guards supplied to private persons.

207. Proposal for additional police force by the D.M. – (1) When the
District Magistrate is of the opinion that additional police should be imposed
under Section 15 of the Police Act (Act V of 1861), on any area within his
jurisdiction which has been found to be in disturbed or dangerous state, he should
as soon as possible, after the occurrence of the event, submit his proposals which
should incorporate the written view of the Superintendent of Police to
Government simultaneously through the Commissioner of the Division and the
Inspector General of Police. To avoid delay demi-official correspondence may
be employed in the initial stages and the District Magistrate should not postpone
his proposal for want of detailed information as to the class of inhabitants from
whom he proposes to recover the cost of the additional police. The preliminary
proposals, however, should invariably specify-
(i) the reasons for the imposition of the force;
(ii) the proposed strength and class of police to be employed;
(iii) the period for which the additional police are to be imposed;
(iv) the appropriate (not detailed) cost of the additional Police
recommended together with a rough estimate of the incidental
charges (if any which are expected to be involved, in the assessment
and collection of the cost of the additional Police;

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(v) the class or classes of inhabitants in general who will meet the cost
and their ability to pay; and
(vi) the area on which the additional police are to be imposed.
When forwarding an application for additional Police under Section 15 of
the Police Act (Act V of 1861) Para 154 of the Official Manual, the
Commissioner should consider whether the sum required can be levied without
pressing too hardly on the assesses.
(2) Under Section 5 (3) read with Section 15 (2) of the Act the cost of
additional police cannot be recovered from the inhabitants of a disturbed areas in
respect of any period prior to the issue of a proclamation under Section 16 (1) but
will fall upon Government. It is, therefore, essential that the preliminary demi-
official proposals should be submitted immediately the necessity for additional
police becomes apparent.
(3) It is also essential that in the demi-official proposals care should be
taken that the area on which additional police are to be imposed should cover all
areas from which it is likely that the cost will have to be recovered since should
it become necessary to increase the area covered by the original proclamation
under Section 15 (1) of the Act, the cost of additional police will have to be
recovered with effect from one date in respect of the area originally notified and
from another date in respect of the additional area notified.
(4) If Government are satisfied that the imposition of additional police
is necessary, they will issue a proclamation under Section 15 (1) of Act V of
1861.
(5) Whether or not the District Magistrate had made the preliminary
demi-official proposals contemplated above he should as soon as possible submit
formal proposals simultaneously through the Commissioner of the Division and
the Inspector General of Police. In this formal proposal he should report fully on
all the matters specified in sub-paragraph (in above), and in additional should be
his recommendations regarding the class of inhabitants to be exempted and the
area, if any, which was covered by the original proposals but which further
consideration may indicate should be excluded. A proforma statement of cost in
quadruplicate should also be submitted, but if the completion of this statement

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would delay the formal proposals those proposals should be submitted with a
report to the effect that the statement of cost will follow as soon as possible.
(6) Whenever it is considered desirable to extend the period for which
additional police have been imposed under Section 15 of the Police Act (Act V
of 1861), a report giving the reasons for the proposed extension and its duration
should be submitted to Government by the District Magistrate simultaneously
through the Commissioner of the Division and the Inspector General of Police so
as to reach Government at least one month before the period expires.
(7) Additional police may not be retained without the sanction of
Government beyond the term for which they were originally imposed.

208. Command certificates given to the forces sent on duty to other


districts- All forces sent on duty to other districts should be given command
certificates, and should be instructed to report themselves in the police lines, if
no other place has been specified in requisition.
Good men should be elected when a force has to be despatched to another
district on special; duty.
Last pay and charge certificates should be prepared and forwarded in form
No. 232 in all cases of transfer.

209. Charges for undertrial prisoners sent to other districts under


police escort- Charges on account of railway fare and diet of undertrial prisoners
or lunatics sent to other district under police escort should be paid in advance
from the permanent advance and afterwards recouped from the grant for
‘Transport of dead bodies, wounded and accused persons.’

210. Rules regarding the cost and charges of escort over convicted
persons- For the rules regarding the cost and charges of escorts over
convicted prisoners whose presence is required by Courts, see the Manual of
Government Orders.
Any sum paid by a Court under these rules for the cost of conveying a
prisoner should be credited to Government under the head ‘Receipts under
Prisoners Testimony Act’.

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211. Assistance by local and railway police, to police guards escorting


prisoners under deportation from Indian States- Police guards, escorting
prisoners under deportation from Indian States should be assisted, as far as
possible, by the local and Railway Police.

212. Conditions to travel in a goods train or travel in the break-van-


On the East Indian Railway a party of not more than two police officers of any
rank with one prisoner are authorized to stop a goods train out of course and travel
in the brake-van if-
(a) there is danger that an attempt to release the prisoner will be made;
(b) the prisoner is in need of medical attendance which cannot be
obtained on the spot;
(c) the prisoner cannot be confined in a lock-up before dark, if a
passenger train is waited for;
Superintendents of Police must impress on all officers and men concerned
that these concessions must not be abused.

213. Concessions obtainable when escorting treasure by rail- Use


should be made of the concessions obtainable when escorting treasure by rail.
These concessions will be found in the coaching tariffs of railway and are in
nature of free travel for one or more men according to the weight of the
consignment of treasure.

214. Responsibilities of Jail authorities for guarding prisoners- The


Jail authorities are responsible for the guarding of prisoners and convicts sent to
hospitals outside jails. A police guard may be deputed for the purpose only in
emergency when the number of prisoners sent to a civil hospital necessitates the
reduction of the jail staff by more than 25 per cent. The circumstances should be
reported forthwith to the Range Deputy Inspector General.

CHAPTER XIX
ABSCONDED OFFENDERS

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215. Action against proclaimed offender- Whenever an officer-in-


charge of a police station, or an officer making an investigation under Chapter
XII of the Code of Criminal Procedure, 1973 (2 of 1974) is satisfied that a person
whom he is empowered to arrest under Section 41 (1) of the Code has absconded
or is concealing himself so that he cannot be arrested, he must apply to the Court
having jurisdiction, successively, for a warrant of arrest, a proclamation under
Section 82 of the Code of Criminal Procedure, 1973 (2 of 1974) and an order of
attachment under Section 83/84. All these applications should be made as early
as may be desirable in the particular case; they need not be delayed for the
conclusion of an investigation; and a warrant of arrest, a proclamation and an
order of attachment may all legally be issued one after the other in their proper
order on the same day. The officer who asks a Court to issue a proclamation
must be prepared to produce legal evidence to prove that the person whose arrest
desired has absconded, and must not accept the mere statement or report of an
officer who has no personal knowledge of the absconding to satisfy the Court.
When an order of attachment is issued he must satisfy himself that it is efficiently
executed.

216. Absconded offer- Any person for whose appearance a proclamation


has been issued under Section 82 of the Code of Criminal Procedure, 1973 (2 of
1974) is an absconded offender within the meaning of this Chapter.

217. Types of absconded offenders- Absconded offenders shall be


divided into two classes : A and B; class A will include all absconders whose
names, caste, residence, and antecedents have been verified beyond all possibility
of doubt; class B consists only of those persons whose real names, residence and
antecedents have not been ascertained.
Note- All escaped transmarine convicts should be registered automatically
as absconded offenders of class A.

218. Register at every police station for absconded offenders- At


every police station a register shall be maintained in Form No. 214, in which shall
be entered the names and full particulars of all absconded offenders in both
cognizable and non-cognizable cases, persons, coming under A and B being

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separately shown. Every absconded offender of class A shall be shown in the


register of every police station in which he has a wife, father, mother, son,
daughter, brother or sister living, as well as in the registers of the police stations
(1) in which he was living himself and (2) in which the offence for which he is
wanted was commented. It is the duty of the Superintendent of the district in
which the offence was committed to inform the Superintendent of other districts
in which the offender sought to be registered on account of residence or
relationship; and it shall be the duty of those Superintendents to register the
names of the absconders in their districts on receiving such information.
Absconders of class B need be registered only at station where the offences in
which they were concerned were committed.
Column 17 of this register should be kept up-to-date, and the station officer
must inform the Superintendent whenever a relation or associate of an absconded
offender changes his address. The Superintendent will pass on his information
to all other districts or police stations concerned, if the offence for which the
offender is wanted was committed to his district; otherwise he will inform the
Superintendent in whose district the offence was committed, and the latter officer
will then inform all concerned.

219. Public Prosecutor shall maintain a register of whole district for


absconded offenders- The Public Prosecutor shall maintain at headquarters in
English a register for the whole district in the same form as the station register,
separate parts being allotted to each class and B. His register shall contain the
names of only those absconded offenders who are triable in the district, other than
those wanted by the Government Railway Police for whom Railway Police
Public Prosecutor maintains a register.
In the column of remarks of the district annual return of absconded
offenders should be shown the number of absconder non-residents of the district
concerned, who figure on the Public Prosecutor’s register.

220. Power of Superintendent to expunge the names of absconded


offenders- The Superintendent may order names of absconded offender to be
expunged for any of the following reasons :

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(1) arrest;
(2) ascertained death;
(3) when, owing to the death or disappearance of all important
witnesses, and in absence of proceeding under Section 299,
Criminal Procedure Code, 1973 (2 of 1974) or for any other reason
the evidence against an absconded offender is found to be
insufficient for successful prosecution;
(4) the lapse of 30 years in the case absconders of class A and of 5 years
in the case of absconders of class B, after the absconder was last
heard of alive.

221. Power of DM to expunge the names of absconded offenders- The


District Magistrate may also order the name for any offender triable in his district
to the expunged, although the conditions mentioned in the preceding paragraph
have not been fulfilled whenever he considers that owing to the insignificance of
the offence it is unnecessary to continue the search for the absconder; provided
that he shall not thus expunge the name of an offender whose offence is triable
exclusively by the Court of Sessions.
The District Magistrate shall consider once a year either in connection with
the inspection of police stations or by examining the list of absconded offenders,
whether any names should be expunged. When the name of an offender has been
expunged by the District Magistrate or the Superintendent, he shall not be
prosecuted for the same offence otherwise than on complaint, without the
sanction of the District Magistrate.

222. Recording of evidence by the Court against the accused person


who has absconded- In all cases in which an accused person has absconded,
except those of an exceeding trivial or petty nature or when special circumstances
exist, which make the procedure unnecessary or undesirable, the Court should be
asked to record the evidence against him under Section 299 of the Code of
Criminal Procedure, 1973 (2 of 1974). The police must, however, register the
names of absconders without waiting for proceeding under Section 83 / 84 and
299 to be taken against them. All cases in which for special reasons, evidence

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has not been recorded under Section 299) must be put up before the Deputy
Inspector General at the time of his inspection.
In order to render the evidence, recorded under Section 299 admissible at
a future trial it must be provided and put on record that the offender has
absconded and there is no immediate prospect of arresting him. The provisions
of Section 299) should be carefully studied.

CHAPTER XX
REGISTRATION AND SURVEILLANCE OF BAD CHARACTERS

223. The village Crime Note Book- The village crime note-book is a
confidential record kept at every police station and contains information about
the crime and criminals of each village in the circle. The officer-in-charge of the
police station is responsible for its safe custody and contents. In cities and towns
which are too large for a single note-book there should be a separate note-book
for each muhalla or other division.
Entries in Part I, II and III may be made by a subordinate under the
supervision of the officer-in-charge of the police station. Entries in Part IV will
be made by the officer-in-charge. Entries in Part V will be made in accordance
with the instructions in paragraph 228 below.

224. Entries in Part-I of the village Crime Note Book- In Part I will be
shown particulars of the population, outlaying hamlets, revenue market days,
principal castes and tribes, headman, chief landowners other leading men and
watchmen of the village. Under the heading ‘Other leading men’ only residents
of the village will be shown.

225. Entries in Part-II of the village Crime Note Book- In Part II will
be entered particulars of all offences committed within the limit of the village
area which are )1) cognizable and reported to the police, (2) fall under the
following sections of the Indian Penal Code or other laws, whether originally
reported to or dealt with by the police or not :
Sections 121, 121-A, Indian Penal Code – Offences against the State.

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Sections 465 to 469, Indian Penal Code – Forgery.


Sections 489-A to 489-D, Indian Penal Code – Forgery of currency and
bank notes
Sections 109 and 110, Criminal Procedure Code – Bad livelihood.
Sections 3 and 4 the Public Gambling Act III of 1967 – Keeping or
gambling in a common gaming house.
Sections 60, 62, 63 and 65, Act IV of 1910 – Offences under the Excise
Act.
Section 9, Act I of 1878- Offences under the Opium Act.
Sections 25 and 26, Act 54 of 1959 – Offences under the Arms Act.
Sections 21, 22, 24 and 25, Act VI of 1924 – Offences under the Criminal
Tribes Act.
All offences enumerated in the schedule of the Criminal Tribes Act, VI of
1924, of which the members of a tribe declared to be a criminal tribe under
Section 3 of the Act are convicted.
All crimes will be entered, whether truly or falsely reported; if a case is
expunged the fact will be noted in the last column; the entries in the other columns
will stand.

226. Entries in Part-III of the village Crime Note Book- In Part III will
be entered particulars of all residents of the village convicted of any of the
following offences.
A
For the purpose of Section 75, Indian Penal Code.
Chapter XII, Indian Penal Code – All offences except those punishable
under Sections 241, 254 and 262.
Chapter XV II, Indian Penal Code :
Sections 379 and 382 – Theft of all kinds.
Sections 384 and 382, except Section 385 – Extortion of all kinds.
Sections 392 to 394, 397 and 398 – Robbery of all kinds.
Sections 395, 396, 399 and 402 – Dacoity of all kinds.
Sections 400 and 401 -Belonging to a gang of thieves of dacoits.
Sections 406 to 408 – Criminal breach of trust.

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Sections 409 – Criminal breach of trust by public servant.


Sections 411 to 414 – Receiving stolen property.
Sections 418 to 422 – Cheating.
Sections 429 to 433 and 435 to 440 – Serious mischief.
Sections 449 to 452 – House trespass in order to commit an offence.
Sections 454 to 457 -Lurking house trespass or house-breaking other than
simple.
Section 458 – All attempts at house-breaking.
Sections 459 and 460 – Grievous hurt or death caused in house-breaking.
Section 462 – Fraudulently opening a closed receptacle held in trust.

B
For the purpose of Section 3 and 4 of the Whipping Act IV of 1909 :
Section 376, Indian Penal Code – Rape.
Section 377 – Unnatural offence.

C
For the purposes of Section 2 and 23, Criminal Tribes Act, conviction of
members of a tribe declared to be a criminal tribe under Section 3 of the Criminal
Tribes Act, for any offence under Sections 21, 22, 24 and 25 of the Act or
included in the schedule of the Act.

D
Other offences:
Sections 121, 121-A and 124-A, Indian Penal Code – Offences against the
State.
Section 170 – Impersonating a public servant.
Sections 212, 213, 216 and 216-A, Indian Penal Code – Harbouring and
other offences against public justice.
Section 311 – Being a thug.
Sections 363 to 369 – Kidnapping.
Section 465 – Dishonesty breaking open a closed receptacle.
Sections 465 to 469 – Forgery.

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Sections 489-A to 489-D – Forgery of bank and currency notes.


Sections 109 and 110, Code of Criminal Procedure – Bad livelihood.
Sections 3 and 4, Act III of 1867 – Keeping, or gambling in a common
gambling house.
Sections 60, 62, 63 and 65, Act IV of 1910 – Offences under the Arms Act.
Sections 9 of Act I of 1878 – Offences under the Opium Act.
Sections 25 and 6, Act 54 of 1959 – Offences under the Arms Act.
Names of persons convicted under the following sections of the Indian
Penal Code will be entered in Part III only by special order of the Superintendent
of Police :
Sections 143 to 153 – Rioting; unlawful assembly.
Section 30 – Murder.
Section 304 – Culpable homicide.
Section 307 – Attempted murder.
Sections 324 to 327 – Hurt and grievous hurt.
In the remarks column of Part III will be shown the nature of the offence
committed, e.g. Cattle theft, ‘dropped jewellery trick’. If an ex-convict is a
member of a known gang this fact will also be noted. The modus operandi of
men sentenced for burglary should be described. If an ex-convict permanently
changes his residence the new residence will be noted in the last column and his
name will be entered in Part II of the register of the village to which he has gone.
The names of ex-convict who have been convicted only once and for whom no
history-sheets have ever been opened will be expunged 20 years after expiry of
their sentence. The names of other convict will be expunged only on their death.
An alphabetical index to Part III of the village crime note-books will be
maintained at every police station classified under the following heads to each of
which a separate register or part will be allotted ; Dacoity, cattle theft, pick
pocketing, railway passenger theft, goods wagon theft, cycle theft, miscellaneous
theft, poisoning, cattle poisoning, bad livelihood, coining, forgery, cocaine and
opium smuggling, cheating, kidnapping for immoral purposes, offences against
the State, telegraph wire cutting, and other miscellaneous offences entered in
Part III.

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The last may be further sub-classified by order of the Deputy Inspector


General or Superintendent of Police. If a person is convicted for offences falling
under more than one of these heads his name will be entered under each.

227. Entries in Part-IV of the village Crime Note Book- Part IV will
contain entries regarding religious festivals and disputes, disputes over property,
factions offences affecting the railways, canals or telegraphs, the presence of
criminal tribes, the prevalence of organized crime such as cattle-theft, the fact
that any member of a gang registered in the gang register resides or operates in
the village, and similar matters which are of importance from a police point of
view. Narratives of all specially important outbreaks of crime will also be entered
in some detail. A brief note showing the subject of each entry will be made
against it in the margin. Entries will be submitted to the Superintendent for
approval before they are made.

HISTORY SHEETS & SURVEILLANCE


228. History sheets, Part V of the village Crime Note Book- Part V
consists of history sheets. These are the personal records of criminals under
surveillance. History-sheets should be opened only for persons who are or like
to become habitual criminal or abettors of such criminals. There will be two
classes of history-sheets :
(1) Class A history-sheets for dacoits, burglars, cattle-thieves, railway-
goods wagon thieves, and abettors thereof.
(2) Class B history-sheets for confirmed and professional criminals who
commit crimes other than dacoity, burglary, cattle-theft, and theft
from railway goods wagons, e.g., professional cheats and other
experts for whom criminal personal files are maintained by the
Criminal Investigation Department, prisoners, cattle poisoners,
railway passenger thieves, bicycle thieves, expert pick-pocket,
forgers, coiners, cocaine and opium smugglers, hired ruffians and
goondas, telegraph wire-cutters, habitual illicit distillers and
abettors thereof.

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History-sheets of both classes will be maintained in similar form, but those


for class B will be distinguished by a red bar marked at the top of the first page.
No history-sheet of class B may be converted into a history-sheet of class A,
though should be the subject of a history-sheet class B be found to be also
addicted to dacoity, burglary, cattle-theft or theft from railway goods wagons. A
class, as well as B class, surveillance may under paragraph 238 be applied to him.
In the event of a class A history-sheet man becoming addicted to miscellaneous
crime his history-sheet may be converted into a class B history-sheet with the
sanction of the Superintendent.

229. Classification of history sheets- This classification of history-sheets


as A and B is based on the principle that, whereas there is always hope of a dacoit,
burglar, or cattle thief or railway goods wagons thief mending his ways, the
expert miscellaneous crime criminal is as a general rule incapable of reform. The
classification, therefore, solely on the kind of crime to which suspects are
addicted and is designed to regulate only-
(1) the length of time for which a suspect should ordinarily remain,
under surveillance in the absence of complaints against him,
(2) the kind of surveillance which his activities require.
The degree of surveillance of the appropriate kind to be exercised over a
suspect will depend not on his classification, but on the event to which he is
believed to be active at any particular time.

230. History sheets of A-Class – If the suspect of an A class history-


sheet is thought to be so dangerous or incorrigible as to require more protracted
surveillance than the generality of his class, he may be ‘starred’ by the order of
the Superintendent. Here, again, the fact that a history-sheet man is starred will
necessarily indicate only that he is to be kept under continuous surveillance for a
longer period. It will not necessarily indicate that his surveillance while it lasts
is to be more intense. The aim is to concentrate the most intense surveillance on
the criminal, whether starred or unstarred, who is believed to be temporarily
active.

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Superintendents of district police may not give orders for the starring of or
discontinuance of surveillance over any history-sheeter of a railway police
suspect without the concurrence of the Superintendent of Government Railway
Police.

231. Subjects of history sheets of A-Class- The subjects of history-


sheets of class A will unless they are ‘starred’ remain under surveillance for a
least two consecutive years of which they have spent no part in jail. When the
subject of a history sheet of class A whose name has not been ‘starred’ who has
never been convicted of cognizable offence and has not been in jail or suspected
of any offence or absented himself in suspicious circumstances for two
consecutive years his surveillance will be discontinued, unless for special reasons
to be recorded in the inspection book of the police station the Superintendent
decides that it should continue.
When the subject of a history-sheet of class A is ‘starred’ he will remain
starred for at least two consecutive years during which he has not been in jail or
been suspected of a cognizable offence or had any suspicious absence recorded
against him. At the end of that period if he is believed to have reformed he will
cease to be ‘starred’ but will remain subject to surveillance which will be
discontinued only if during that period no complaints have been recorded against
him.
In closing the history-sheets of an ‘un-starring’ ex-convi8cts and especially
ex-convict dacoits great care should be exercised.

232. Continuity of B-Class history sheets- History-sheet of B class will


be continuously open records and the subjects of these sheets will, except for
every special reasons remain under surveillance until death. This being so it is
unnecessary to ‘stare’ suspects of this class.

233. Discontinuance of surveillance- This discontinuance of


surveillance of the subject of a history-sheet does not entail closing that history-
sheet. A history-sheet which is only a record of information need never be
considered closed. In the case of persons whose surveillance is discontinued a
note should be made to this effect in the history-sheet, and thereafter no periodical

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or other entries need be made unless something comes to notice which is


desirable to enter in the sheet. Sheets persons whose surveillance has been
discontinued should remain in the village crime-note book but if the number is as
much a to make the volume too bulky, they should be kept in a separate volume
attached to the note-book. They will only be destroyed on the death of the subject
of the sheet, or if, on opinion of the Superintendent their further retention is not
likely to be of any value.

234. Discontinuation of History sheet of Class-A- No history-sheet of


class A may be discontinued without the sanction of the Superintendent of Police.
If it is denied to discontinue the surveillance of the subject of a history sheet of
class B, the sanction of the Deputy Inspector-General or Superintendent, Railway
Police, must be obtained. Proposals from station officers for the discontinuance
of history-sheets and for the ‘starring’ or ‘unstarring’ of a class suspects must be
made through the circle-inspector unless dealt with directly by a gazetted officer
in the course of an inspection.

235. Knowledge of History sheeters to local police- Without prejudice


to the right to Superintendents of Police to put into practice any legal measures,
such shadowing in cities, by which they find they can keep in touch with suspects
in particular local ties or special circumstances, surveillance may for most
practice purposes be defined as consisting of one or more of the following
measures :
(a) secret picketing of the house or approaches to the houses of suspects;
(b) through periodical inquiries by officers not below the rank of sub-
inspector into repute, habits, associations, income, expenses and
occupation;
(c) the reporting by constables and chaukidars of movements and
absences from home;
(d) the verification of movements and absences by means of inquiry
slip;
(e) the collection and record on a history-sheet of all information
bearing on conduct.

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236. Methods of surveillance of history sheeters.- Without prejudice to


the right to Superintendents of Police to put into practice any legal measures,
such shadowing in cities, by which they find they can keep in touch with suspects
in particular local ties or special circumstances, surveillance may for most
practical purposes be defined as consisting of one or more of the following
measures :
(a) secret picketing of the house or approaches to the house of suspects;
(b) through periodical inquiries by officers not below the rank of sub-
inspector into repute, habits, associations, income, expenses and
occupation;
(c) the reporting by constables and chaukidars of movements and
absences from home;
(d) the verification of movements and absences by means of inquiry
slip;
(e) the collection and record on a history-sheet of all information
bearing on conduct.

237. Starred and unstarred history sheeters- All history-sheet men


of class A ‘starred’ and ‘unstarred’ will be subject to all these measures of
surveillance. It will be for the station officer, subject to the control of the
Superintendent and circle inspector, to regulate the intensity with which they are
applied in each particular case according to the believed temporary activity of the
suspect. Thus the movement and absences of all men of class A must be reported
at the police station but they need not be verified by means of inquiry slip when
they do not appear to be suspicious. Similarly while a thorough local inquiry into
general repute, habits, associations, income, expenses and occupation in the case
of men, whether ‘starred’ or ‘unstarred’ who are believed to be quiescent, need
be made only once a year by the station officer or by a subordinate sub-inspector
under his direction, such inquiries should be made half-yearly or with even great
frequency in the case of men, whether ‘starred’ or ‘unstarred’ who are believed
to be temporarily active.

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238. Surveillance of B-class history sheeters- History-sheet men of


class B will be subject to measures (c) (d) and (e) but not to measures (a) or (b)
unless the nature of the particular crime to which they are addicted requires that
these measures should be applied to them. Thus, while it might be necessary to
have a telegraph wire-cutter visited, or to have his house picketed at night, the
application of these methods of surveillance to a professional cheat would be
futile.
Similarly, though the absences from home of all history-sheet men of class
B must be reported at the police station, and though, all such men will be liable
to have their movements verified, this verification need not be made when it
would clearly serve no useful purpose. It would almost invariably be essential,
for stance to verify the movements of a prisoner or a pick-pocket, but rarely
necessary to verify those of a local bulky. In such matters station officers be
expected to exercise an intelligent discretion having regard to the circumstances
of the criminal’s absence and the nature of the crime to which he is addicted.

239. Maintenance of history sheet of both classes and desired entries


in the history sheet- History-sheet of both classes will be maintained as directed
in this paragraph and those already in use in the old form will be drawn up to
conform with these directions.
Entries regarding relations, associates, dependents, property, occupation,
income and convictions will be made in the appropriate columns on the first page
and must be kept up-to-date and checked by circle inspectors and all inspecting
officers. The remainder of the history-sheet will be maintained as a series of
paragraphs containing facts in chronological order with marginal headings.
The first paragraph will be written when the history-sheet is opened and
will give brief details of the suspect’s previous record and of all the reasons which
have led to the opening of a history-sheet for him. All these initial entries in a
history-sheet must be submitted to the Superintendent for approval before they
are made.
Subsequent paragraphs will be filled up at the police station without
reference to the Superintendent and will contain –
(a) details of all suspicious absences;

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(b) details of all reports made to the police, and of all cases, cognizable or
non-cognizable, instituted against the bad character;
(c) results of periodical inquiries made into the bad character’s habits and
general repute;
(d) details of cases in which the bad character has been suspected.
Reports of absences will not be entered unless they are suspicious. Reports
of picketing and domiciliary visits will not be entered unless they are productive
of information of the kinds detailed above. As ‘cases in which the character has
been suspected’ will be shown only those cases in which the Superintendent,
Assistant Superintendent or Deputy Superintendent has passed suspicion as
reasonable.
Each paragraph should quote the number and date of the daily diary or
other document on which it I based but should be full enough to be complete in
itself. The nature of the information contained in each paragraph should be
clearly shown against it in the margin, e.g., Local inquiry by circle Inspector,
‘suspicious absence’, ‘complaint of marpit’, ‘suspicious of burglary’.
Entries regarding habits and general repute should be based on inquiries
from respectable inhabitants of the suspect’s village and neighbouring village and
should show whether the suspect is reported to be committing crime or to be
earning an honest livelihood, the amount of his earnings, his expense, whether he
is in regular work and the character and identity of his associates. Vague
generalities should be avoided.
The station officer is personally responsible for all entries in history-sheet
and these must be made by him or by a subordinate sub-inspector under his
direction.
When a suspect has been convicted of an offence or bound over under
Section 109 or 110, Code of Criminal Procedure, 1973 (2 of 1974) and sentenced
to imprisonment for six months or more, a line will be drawn in red ink across
his history-sheet below the last paragraph. Below this red line will then be noted
the date of conviction, the nature of the sentence and the probable date of release.
When surveillance is discontinued a similar line will be drawn in black ink, the
date and number of the Superintendent’s order being given below it. Whenever
a history sheet is transferred to another police station a line in black ink will

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similarly be drawn and a brief note of the transfer will be written across the sheet
by the officer dispatching it.

240. History sheets of both classes when to be opened? History-sheets


of both classes may be opened (1) on suspicion or (2) on conviction or acquittal.
No history-sheet may be opened without the orders of the Superintendent of
Police.
(1) On suspicion.- Whenever as a result of investigation into a case
of dacoity, burglary, cattle theft from railway goods wagons or into a case of
miscellaneous crime of a professional type, the officer-in-charge of a police
station applies for the name of any person to be entered in the crime register as
reasonably suspected, he must at the same time report whether the suspect is
under surveillance, and if not, whether a history-sheet should in his opinion be
opened for him. Should the gazetted officer-in-charge of a sub-division on
receiving such a report and after such further inquiry as he may think necessary
consider that a history-sheet is required, he will forward the report to the
Superintendent who if he accepts the proposal will define the class of history-
sheet to be opened and pass orders as to whether the suspect should be ‘starred’.
Similarly whenever an officer-in-charge of a police station finds reason to
believe, otherwise than in the course of an investigation, that any resident of his
circle is addicted to crime, or whenever a gazetted officer or circle inspector for
any reason believes that a history-sheet for any person is necessary a report must
be submitted to the Superintendent, who will pass orders on it as laid down above.

(2) On conviction or acquittal.- Whenever any person is sent for trial on


a charge of dacoity, burglary, cattle theft or theft from a railway goods wagons
or of miscellaneous crime of a professional type, the officer-in-charge of the
police station must state in his diary whether accused has a history-sheet and if
not, whether he recommends that a history-sheet should be opened for him. It
will be the duty of the Public Prosecutor, if the accused is acquitted to inform the
Superintendent , in his report on the acquittal or otherwise, whether in his opinion
a history-sheet is required. On this the Superintendent will pass any orders to the
station office that may be necessary. If the accused is convicted, the Public

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Prosecutor must, in the remarks column of the daily report of convictions and
acquittals (Form No. 107) enter in red ink the words, ‘On H.S.’ if a history-sheet
is already open, or the letters ‘H.S.’ if he recommends that one should be
prepared. In either case he must prepare and attach to the daily report of
convictions and acquittals a P.R. slip (Form No. 313). If a history-sheet is already
open or if the Superintendent agrees that a history-sheet should be opened he will
sign this P.R. slip and initial the letters ‘H.S.’ or ‘On H.S.’ on the daily report of
convictions and acquittals. The Public Prosecutor will then communicate the
Superintendent’s orders for the opening of a history sheet to the police station
concerned and will forward the P.R. slip to the Superintendent of Jail. If no
history-sheet is opened and if the Superintendent does not agree that one should
be prepared, he will not sign the P.R.. slip, which will be cancelled.
If the accused is a resident of another district or State or has been sent for
trial by the railway police, the same will be followed except that the
Superintendent of Police will not order a history-sheet to be opened. If the
accused is convicted and the Superintendent considers a history-sheet to be
desirable the P.R. slip will be signed and sent to the Superintendent of Jail and
the Superintendent of Jail shall furnish the Superintendent of Police with a receipt
for the P.R. slip. In column 10 Form No. 148 (conviction roll) the Public
Prosecutor will note in red ink that this has been done and in column 15 of the
same form a note will be made recommending that a history-sheet should be
opened : Any conviction roll on which a recommendation for the opening of
history-sheet has been made must on receipt in the district of the convict’s
residence be put up before the Superintendent of Police of that district who will
decide whether a history-sheet should be opened or not, and will address the
Superintendent of Jail regarding the cancellation of the P.R. slip if e does not
agree that a history-sheet is necessary. Notwithstanding anything in the above,
the Superintendent of Police of any district in Uttar Pradesh shall subject to the
final decision of the Deputy Inspector-General of the Range, to whom any
question of disagreement must be referred, be bound to open a history-sheet at
the request of the Superintendent of Government Railway Police for any person
resident who is suspected or convicted of crime on the railway. The

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Superintendent, Railway Police, should specify the kind of surveillance required


in each case.
In the case of persons, sent for trial by the Railway police, in which the
Superintendent considers a history-sheet desirable, the Public Prosecutor will
send Form No. 143 (conviction roll) endorsed, as directed above, to the
Superintendent of the man’s district, through the Superintendent, Railway Police.

The Superintendent, Railway Police, in forwarding Form No. 148to the


Superintendent of the district concerned will state whether he considers a history-
sheet necessary. If not, he will request the Superintendent of the Jail to cancel
the P.R. slip.

241. Importance of P.R. slips- P.R. slips when sent to the


Superintendent of the Jail will be attached to the warrants of the convicts
concerned and sent with them to any jail to which they my subsequently be
transferred.
A month before the date of release of a P.R. convict, the Superintendent of
the Jail concerned will send the P.R. slip to the Superintendent of Police of the
convict’s home district as a warning that the convict is due to be released.
On receiving a P.R. slip, the Superintendent of Police will send into the
Police station concerned with instructions to check the prisoner’s arrival and to
arrange for the future surveillance, or, alternatively, to take the usual action if he
fails to return and becomes untraced. The officer-in-charge of the police station
will return the slip to the Superintendent with a report whether the conviction has
been duly entered in Part III of the village crime note-book. (If no history-sheet
has been opened on conviction, steps must be taken to discover who was
responsible for the omission and a history-sheet must be opened immediately
unless there are special reasons why this should not be done). P.R. slip will be
filed in the record room in separate bundles by police stations. They may be
taken to police stations by inspecting officers for use on the checking for history-
sheets. They will be destroyed after one year.
A convict whose P.R. slip has been prepared shall be released from the Jail
in which he is confined and the Superintendent of the Jail shall give him a railway

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ticket to the railway station nearest the convict’s home. This does not apply to
convicts who are members of criminal tribes or convicts concerning whom an
order has been passed under Section 356), Criminal Procedure Code, 1973 (2 of
1974) and prisoners conditionally released under Section 432, Criminal
Procedure Code, 1973 (2 of 1974) although they may be P.R. convicts. For the
latter see paragraphs 270 and 276.
In case of death or escape of a Police registered convict the Superintendent
of the Jail shall forthwith inform the Superintendent of Police concerned.

242. Principles which could guide S.P. in deciding whether a history


sheet should be opened and in what category should be placed- The following
principles should guide the Superintendent of Police in deciding whether a
history-sheet should be opened and in what category should be placed:
As soon as it has been established by suspicion or conviction that a suspect
is an active and prominent member of a gang of dacoits, a history-sheet of class
A should be opened for him and he should be ‘starred’ at once. On the other hand
though class A history-sheets should as a rule be opened for burglars, cattle
thieves and railway goods train thieves when they first come to notice either on
suspicion or on conviction, such suspects should not be ‘starred’ until it has been
clearly established by continued suspicion or by a series of convictions that they
have become dangerous and confirmed criminals and are unlikely to reform.
When the existence of a gang of criminals is brought to light, history-sheets
should be open only for the more prominent members of the gang. The gang
register (paragraph 253) should be used as a means of keeping in touch with the
minor members of a gang.
The fact that man has been bound under Section 109, Cr. P.C. is not in
itself sufficient to make the opening of his history-sheet necessary. In such case
the previous history of the man and the circumstances of his arrest must be taken
into account. On the other hand should a person not on a history-sheet be bound
over under Section 110, Cr. P.C. his history-sheet must be prepared at once.
Superintendents of Police must look into cases in which bad characters not
on history-sheets have been prosecuted under Section 110, Cr. P.C. with a view

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to discovering how they have previously succeeded in evading the notice of the
police.
History-sheets should not be opened for persons who have no fixed abode.
For the restrictions imposed on the opening of history-sheets for members of
resident criminals tribes, the Criminal Tribes Manual should be consulted.
It is important to open history-sheets on conviction that on suspicion and
the fact that a convict has been sentenced to a term of imprisonment however
long is no reason for not opening his history-sheet.
243. Preparation of history sheet in case of juveniles- The orders in the
three preceding paragraphs apply to juvenile as well as to adult prisoners and
suspects but the cases of juveniles should receive specially careful consideration
before order for the preparation of history-sheets are passed.
If, however, on conviction a juvenile offender is sent to the Juvenile Jail at
Bareilly he will receive exceptional treatment. His P.R. slip, if one has been
prepared, will be returned one month before the end of his period of detention,
by the Superintendent of the Juvenile Jail to the Superintendent of Police of the
district concerned with the remark that on release the Juvenile offender is to be
exempted from police surveillance. On receipt of a P.R. slip so endorsed the
Superintendent of Police will cause the offender’s history-sheet to be filed and
will issue orders to the station officer concerned that he is to be subjected to no
form of surveillance. This mitigation of the rules will not however be accorded
to P.R. juvenile offenders of the following classes on release from the Juvenile
Jail at Bareilly :
(a) those whose conduct during detention is considered by the
Superintendent of the Juvenile Jail to show that they have not
benefitted by the course of reformatory training.
The usual procedure will be followed with regard to P.R. Juvenile
offenders of these two classes. A month before release in each case the
Superintendent of the Juvenile Jail will send the P.R. slip to the Superintendent
of Police of the district of residence with, in the case of a juvenile prisoner of
class B a report on his behaviour in jail, and on release the juvenile ex-convict
will be subject to the ordinary rules regarding surveillance.

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Members of criminal tribes and juveniles with more than one conviction
are not admitted to the Juvenile Jail at Bareilly. The former are subject to the
rules in the Criminal Tribes Manual.

244. Procedure of action under section 110 Cr. P.C. – Before a Sub-
Inspector takes action under Section 110, Cr. P.C. he should submit an
application in Police Form No. 5 through the circle inspector to the
Superintendent. The circle inspector will forward the application to the
Superintendent without delay with a report written after local inquiry from his
own knowledge of the suspect. If the Superintendent approves of the report he
may forward it to the Sub-divisional Magistrate or District Magistrate as the
‘information’ under Section 110, Cr. P.C. If the Magistrate deems it necessary
to require any person to show cause under Section 110, Cr. P.C., he will make an
order in writing under Section 111, setting forth the details required by that
Section and will return Form No. 5 to the Sub-Inspector who will take immediate
steps to arrest the person and to produce him before the Magistrate with the
necessary evidence, Form No. 5 will be sent to the prosecuting officer as his brief,
in the case and may be attached to the file if the Magistrate sees fit. History-
sheets will not be sent to Courts as a matter of course but only when Courts ask
to see them. No statements should be recorded by the Police when they are
making inquiries for the purpose of action under Section 109 or 110, Cr. P.C. if
such statements are recorded may be able to obtain copies under Section 162, Cr.
P.C.

245. Names of history sheeter will be entered in beat book of


constables and crime record book of village chaukidars- The names of all
history-sheet men will be entered in notice-books of beat constables and in the
crime record book of village chaukidars. All visits by officer and men to village
in which bad characters reside will be shown in the fly-sheet of the village crime
note-books and an entry in the fly-sheet will indicate that all class A history sheet
men in the village have been visited. A full note showing the result of these visits
will be made in the general diary, with a reference to the number of the general
diary report in the fly sheet, when anything of importance is ascertained a brief

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note will also be made in the history-sheet. In cities a separate fly-sheet on which
visits of the suspect will be recorded should be attached to each history-sheet.
Note.- Fly sheet is also known as the index of surveillance of history
sheeters.

246. Entry of an accomplice belonging to another police station shall


inform the police of that police station – The officer-in-charge of a police
station when recording in a history-sheet an entry affecting an accomplice who
is a resident of another circle shall inform the police of that circle.

247. When the history sheeter changes his address, the history sheet
should or should not be sent to the police to which he has gone- When the
subject of a history-sheet changes his residence within the district the circle
inspectors concerned will decide whether the history-sheet should or should not
be sent to the police station to which he has gone. If a suspect changes his
residence to any other district in British India his history-sheet will be forwarded
in original by the Superintendent of Police to the Superintendent of the district to
which he has gone. If he changes his residence to an Indian State the State police
will be informed through the English office and if a history-sheet is asked for, a
copy will be sent. Whenever a history-sheet is transferred from one police station
to another in the same district both station officers concerned will report the fact
to the Superintendent to enable him to correct his headquarters list (paragraph
249).

248. The district police will keep up history-sheets of persons


addicted to crime on railways- The district police will keep up history-sheets
of persons addicted to crime on railways, except in special cases, where in the
opinion of both Superintendents, the surveillance can be carried out more
efficiently by the railway police.
In the event of a difference of opinion, the orders of the Deputy Inspector
General of range will be final. Duplicate copies of history sheets of persons
addicted to crime on railway will be maintained by the railway police who for
this purpose should be allowed access to district police records, as often as may

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be necessary : Sub-Inspectors of railway police shall immediately intimate to the


Sub-Inspector, district police, who is maintaining the history-sheet and facts
which in their opinion should be entered on the history-sheet, and in any case
shall forward a quarterly memorandum, which will be attached to the history-
sheet. Similarly the district police should communicate any information
regarding the subject of a history-sheet addicted to crime on railway, which is
worth bringing to the notice of the railway police.

249. Class A and Class B list will be maintained separately in each


and every police station- At each police station two lists will be maintained of
persons in the circle on history-sheets one list for each of the class A and B.
These lists of history-sheets, dates of ‘starring’ and ‘unstarring’ (in the case
of class A suspects only) and date of discontinuance of surveillance, and will also
contain a column for remarks. When a class A suspect is starred, a star will be
placed against his name in the red ink on the class A list. The names on each list
at each police station will be serially numbered from 1. Serial numbers will never
be changed; whenever a new history-sheet is opened a new number will be taken
for it on the appropriate list, and when the surveillance of a suspect is
discontinued the serial number of his history-sheet will not be used against unless
his surveillance is resumed.
At the headquarters of each district similar lists will be maintained
thanawar in English by the Superintendent’s reader for each class of suspects,
the serial numbers on headquarters and police stations list will correspond. The
headquarters list should be kept up-to-date and should be used as a check at police
station inspections and in dealing with all matters connected with crime.
In the column of associates of history-sheets the serial numbers and class
letters, of all associates who are themselves on history-sheets will be shown
against their name, e.g., A-7, B-9.

250. List of bad characters and history-sheets.- List of bad characters


and history-sheets are confidential records and though history-sheets are kept in
the village crime note-book, the station officer must see that unauthorized persons
do not obtain access to them.

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251. Responsibility of Circle Inspectors in the matters of


surveillance- The responsibility of circle inspectors in the matter of surveillance
will be strictly enforced. Whenever a circle inspector visits a police station he
will check one or two of the history-sheets to see if they have been kept up-to-
date and will make an entry in his weekly diary to this effect. At his annual
inspections he will make local inquiries regarding bad characters, paying special
attention to those who are suspected to be temporarily active or who reside in
areas where crime is prevalent. He will note the results of such inquiries in the
history-sheets. Circle inspectors will keep up a list of all persons on history-
sheets in their circle in the same form as the police station and headquarters lists.
They will he held responsible for recommending the person on history-sheets in
their circles in the same form as the police station and ‘unstarring’ of class A
suspects, on occasion may require, and for the prosecuting of Section 110, Cr.
P.C. cases within their circles whenever necessary. They will bring to the notice
of the Superintendent the case of any police station where the number of history-
sheets opened in excessive or where surveillance is not being properly exercised
and will make suggestion for improvement.
Note.- Presently Circle Officers (C.O.s) are posted in place of Circle
Inspectors.
252. Surveillance of persons whose criminal personal files are
maintained by C.I.D.- For special instructions regarding the surveillance of
persons for whom criminal personal files are maintained by the Criminal
Investigation Department, see Criminal Investigation Department Manual.

Gang Register

253. Entries in the gang register- Whenever an organized gang of


dacoits, cattle thieves or railway goods wagon thieves comes to light, particulars
of the whole gang should be entered in the gang register (Form No. 45) at every
police station and at the headquarters of every district in which any member of
the gang resides. For burglar gangs the gang sheet prescribed in circular No.
I/VI-23-25, dated the 14th September, 1929, will be used instead of the gang

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register. It is not necessary that all members of a registered gang should have
history-sheets. Any particulars which it may be necessary to have on record
regarding any individual member whose history-sheet has not been prepared
should be entered against his name in column 6 of the register. Should the space
available in column 6 be insufficient to contain all the facts of importance which
require to be recorded about any member of a gang necessary for a history-sheet
will be indicated. In column 7 will be entered the reasons for registration, the
previous history and modus operandi of the gang and narrative of all facts
subsequently ascertained regarding it. Whenever inquiries are made about a gang
the notes of the circle inspection or other inquiry officer or if nothing of
importance is ascertained, his initial and the date of inquiry will be entered in the
column. Gangs will be entered in the gang register under the orders of the
Superintendent. The gang register will be a permanent record and gangs will
never be expunged from it. But on its being established that a gang has been
broken up, inquiries and entries in the register regarding it may be discontinued
by the order of the Superintendent : in which case an entry to this effect will be
made in column 6 and below it a line will be drawn in red ink across the page.

254. Examination of headquarters gang register by Public Prosecutor


on the conclusion of every dacoity case- On the conclusion of every dacoity
case the headquarters gang register must be examined by the Public Prosecutor
who should consider and report to the Superintendent of Police what entries
should be made in the register, at the same time as he consider and reports what
further clues remain to be followed up in the case. Should be a gang he found to
have further ramifications in more than one district, the Superintendents of the
district in which it first comes to light will be responsible for proposing its
registration to the Superintendents of all the other districts concerned.
Superintendents of all districts in which a gang is registered must be informed of
all matters of importance ascertained about it in any district and all questions
regarding the addition of names or the discontinuance of entries and inquiries
should be decided among the Superintendents concerned, if possible by personal
discussion, once a year. Any difference of opinion as to the necessity for the
registration of a gang operation in more than one district or for the continuance

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or discontinuance of inquiries and entries regarding it should be referred to the


Deputy Inspector-General for orders.

255. Maintenance of the headquarters gang register- The


headquarters gang register will be maintained in English by the Criminal Tribes
Sub-Inspector who will twice a year at intervals for six months visit each police
station in his district in which any gang is registered and will check his register
with the police station register taking copies in his register of any entries of
importance made in the police station register and communicating to station
officers any fact ascertained by him from other sources regarding gangs
registered by them.

256. Procedure for the registration of gang under the Criminal


Tribes Act Manual- Any gang on the gang register which shows signs of fitness
for proclamation and registration under the Criminal Tribes Act should be
brought on the form of gang statement prescribed in the Criminal Tribes Act
Manual. A note should be made in the gang register whenever this is done.

Rules for reporting and verifying the movements of bad characters


257. Movement of history sheeter should be informed by beat
constable or village chaukidar to S.O. – It is the duty of the village chaukidar
or beat constable (in towns) whenever a bad character on a history-sheet leaves
his home, immediately to inform the officer-in-charge of the police station of his
departure and his destination, if known.

258. Inquiry Slip-A for verification- On receiving a report of the


departure of a history-sheet man of either class, ‘starred’ or ‘unstarred’, the
officer-in-charge of the police station must decide in accordance with the
principles laid down in paragraph 237 and 238 whether it is necessary to send an
inquiry slip A. As the station officer himself will not always be present at the
police station the names of bad characters for whom inquiry slips should be sent
should be kept on record in the office. When it is though necessary to send an
inquiry slip A it must be made out at once in Form No. 204 and forwarded by the

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quickest means by hand or post to the officer-in-charge of the circle to which the
bad character is alleged or believed to have gone. The chaukidar who makes the
report of departure should never be made to carry the inquiry slip to the police
station of destination.

259. If destination of history sheeter is not clear, Inquiry slip-A is sent


to all police stations of possible destinations- If the destination of a bad
character for whom an inquiry slip is to be sent is unknown, a carbon or other
copy of the inquiry slip will be sent to every police station to which he may
reasonably be thought to have gone. Reference to the column of relations and
associates in the history-sheet should indicate the bad character’s possible
destination.
When a railway thief with history-sheet absents under suspicious
circumstances the Government Railway Police Officer concerned must be
immediately informed.

260. Visit of history sheeter within circle, be verified by inquiry


through beat constable- When a bad character leaves his home for an unusual
or suspicious destination within the circle of which he is a resident, the report of
the constable or chaukidar will be entered in the general diary and the visit will
be verified as soon as possible by inquiry through a constable or from the
chaukidar of the village to which the bad character is alleged to have gone.

261. Reports made by chaukidars of departure of bad characters-


Reports made by chaukidars of departures of bad characters (1) to a destination
outside the circle, (2) to an unusual destination within the circle (3) to an
unknown destination, (4) at night will be recorded in the general diary, and a
reference to the number and date of every such report will be entered in the
chaukidar’s crime record book in the column provided for the purpose after each
suspect’s name.

262. Procedure after receiving an inquiry slip-A- A police officer


receiving an inquiry slip A (paragraph 258) will immediately take steps to

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ascertain whether the bad character has arrived, he will then fill in the inquiry
slip at once and send it back to the police station from which it was received. If
the bad character remains in his circle he will cause him to be watched in the
same way as if he were a bad character of his own circle. If anything of
importance transpires about him during his stay he will send information at once
to the officer-in-charge of the police station of origin. He will not delay the return
of inquiry slip A in the expectation that the bad character may return to his home.

263. Difference of date or time in inquiry slip-A to be informed to the


officer, who sent it- If the bad character leaves on a date or at a time different
from that given in the inquiry slip it has to be informed to the officer who sent it.

264. Procedure if the bad character does not arrive within a


reasonable time- If the bad character does not arrive within a reasonable time in
the police circle to which he alleged to have gone the officer-in-charge will return
inquiry slip with a report to this effect and will direct the chaukidar or constable
concerned to watch for the suspect’s arrival. If the bad character eventually
arrives a report will at once be sent to the police station from which the inquiry
slip originally came, giving the particulars required in the inquiry slip.
265. When bad character person returns to any destination other
than his home, the S.O. of the police station will issue an inquiry slip-A- If
the bad character leaves the limits of the police station to which he has come for
any destination other than his home, the officer-in-charge of the police station
will issue an inquiry slip A to the officer-in-charge of the police station to which
he has gone in the same way as if he were a resident of his own circle sending a
copy of the slip to the officer-in-charge of the police station of the bad character’s
residence. The officer-in-charge of the police station to which the bad character
has gone will send his reply to the inquiry slip to the police station of the bad
character’s residence and will continue to act in cases of further movements as if
the bad character had come direct from his home.

266. If H.S. absence is found to be suspicious, a brief note should be


entered in history sheet- In any case in which a bad character’s absence is found

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to be suspicious a brief note of the facts should be entered in his history-sheet as


described in paragraph 239.

267. Duty of village chaukidar when he hears of the arrival of a


suspicious stranger in his village- If the village chaukidar hears of the arrival of
a suspicious stranger in his village he will question him regarding his antecedents
and residence and will send or take to the police station as quickly as possible all
the information so obtained.

268. Issuing of inquiry slip-B- On receipt of such information from any


source the officer-in-charge of the police station will send an inquiry slip B (Form
No. 205) as quickly as possible to the police station from which the stranger is
alleged to have come and will note on the counterfoil his reasons for doing so.

269. Procedure on receiving an inquiry slip-N- On receiving an


inquiry slip B, the officer-in-charge of the police station will not at once return it
with the information regarding the stranger. If the stranger is not a resident of
his circle he will return the inquiry slip with a note to this effect. The officer who
received the inquiry slip will on receiving a reply be in a position to decide
whether action under Section 109, Cr. P.C. should be taken against stranger or
whether he should continue to be watched. If neither prosecution nor surveillance
is required the inquiry slip will be filed and no further notice will be taken on the
stranger.

270. Arresting of a suspicious stranger- If the movements or behaviour


of a suspicious stranger make it reasonable to arrest him under Section 41 (2)
Code of Criminal Procedure, 1973 (2 of 1974) such action should be taken at
once without watching for a reply to the inquiry slip.

271. Returning of inquiry slip-B- On the departure of the stranger from


the limits of the police station from which inquiry slip B was issued the inquiry
slip will be returned to the police station of his residence (a) if something
suspicious has been recorded against him during his visit, or (b) if he is on a

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history-sheet. In all other cases the inquiry slip will remain at the police station
from which it was issued.
Whenever an inquiry slip B is returned to the police station of residence,
the hour and date of the suspect’s departure will be given on the slip and in case
(a) above, details of suspicious behaviour should be added.

272. Issuing of inquiry slip-A for that suspect whose inquiry slip-B is
issued- If a suspect for whom an inquiry slip B has been sent is on a history-sheet
and leaves for a police circle other than that of his home, an inquiry slip A will
be sent to the officer-in-charge of the police circle to which he has gone, a copy
being forwarded to the police station of his residence. The reply to this inquiry
slip will be sent direct to the police station of residence and the officer-in-charge
of the police station to which the suspect has gone will act as if the suspect had
come direct from his home and inquiry slip A had been sent for him from his
police station of residence.

273. Where a telephone is available inquiry slips will not ordinarily


be despatched- The duties assigned to chaukidars in rural areas will be
performed in cities and towns by the police. Where a telephone is available,
inquiry slips will not ordinarily be despatched, but the telephone will be used
whenever reports of arrival or departure are received, such reports being recorded
in the general diary or departure are received, such reports being recorded in the
general diary and inquiry slips being prepared for purpose of record. Replies
received by telephone will similarly be entered in the general diary and on the
inquiry slip. City inspectors and officer-in-charge of city police stations will be
responsible for seeing that files of inquiry slips are kept up-to-date and that
replies are promptly given to telephone inquiries. Any delay of more than 24
hours in replying by telephone to an inquiry about the movement of a bad
character should at once be reported to the city inspector.

274. Responsibility of S.O. for correct and regular use of inquiry


slips- Officer-in-charge of police stations must supervise the issue of inquiry
slips. They will be held responsible for their correct and regular use, for

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examining them and for seeing that information regarding suspicious or


unverified movements is duly entered in the history-sheets concerned. An index
of all inquiry slips issued and received will be maintained at every police station
showing in tabular form the names, destinations, history-sheet numbers and times
of arrival and departure of all those for whom they are issued. When inquiry slips
are sent to other provinces, the English counterparts must always be filled in.

Rules for convicts concerning whom an order has been passed under
Section 356, Cr. P.C. and prisoners conditionally released under Section
432, Cr. P.C.
275. Rules for convicts against whom an order is passed under 356
Cr. P.C.- Under Section 356, Cr.P.C., any person convicted of any of the
offences specified in that section may be ordered at the time sentence is passed
upon him to notify under such rules as the Local Government may make his
residence and any change of or absence from such residence for a term not
exceeding five years from the date of the expiration of his sentence. The
following are the rules made by the Local Government under this section :

(1) Under paragraph 124 of the Jail Manual, the Superintendent of the
Jail shall give the Superintendent of Police not less than two days’
notice of the date of release of the convict and the Superintendent of
Police shall depute a guard in accordance with Rule 165 of the Rules
for Guards and Escorts to conduct the prisoner on that date from the
jail to the Superintendent of Police or other officer-in-charge at
headquarters. The convict shall intimate to him the village or
mohalla in which he intends to reside. The officer concerned shall
then inform him of the condition which he is required to fulfil and
shall enter the district and the local area notified by the convict on
the copy of the order passed under Section 356, Criminal Procedure
Code, 1973 (2 of 1974) (forwarded by the jail), and shall give the
convict a copy in Hindi or Urdu of the rules made by the Provincial
Government relating to the notification of residence by released
convicts. The Superintendent of Police shall thereupon release the

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convict and shall enter the district and the local area notified by the
convict on the copy of the order passed under Section 356) and shall
give the convict a copy in Hindi or Urdu of the rules made by the
Provincial Government relating to the notification of residence by
released convicts. The Superintendent of Police shall thereupon
release the convict.
(2) Thereafter, until the expiration of the term prescribed in order under
Section 356, Cr. P.C. the convict shall comply with the rules made
by the Local Government under Section 20 of the Criminal Tribes
Act (VI of 1924), insofar as they relate to registered members of
criminal tribes liable to the provisions of Section 10 (b) of that Act,
but such person shall be required to notify his residence and any
change or intended change or absence from such residence to the
police of his old residence as well as to the police of the new
residence.

Any convict concerning whom an order under Section 356, Cr. P.C. has
been made who refuses or neglects to comply with these rules is punishable under
Section 176, I.P.C. and may be arrested by any police officer without a warrant
under Section 41 (1), Cr. P.C.

276. Conditions under which convicts may be released before the


expiry of their sentence- Under Section 432, Cr. P.C. read with paragraphs 189,
201, 202, 203, 204 and 205 of the Uttar Pradesh Jail Manual (1941) convicts may
be released before the expiry of their sentence upon certain conditions which may
be in Form A or B and must be accepted by the convict before his release.

Conditions in Form A require that during the period of sentence


conditionally remitted-
(1) the convict shall not commit whether in British India or in any
Indian State, an offence punishable by any law in force in British
India;

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(2) he shall not in any associate with persons known to be of bad


character nor lead a dissolute or evil life;
(3) he shall reside within a specified district at such place as the
Magistrate of that district may from time to time direct and shall not
go beyond or absent himself from the limits of such place without
the permission in writing of the Magistrate or the Superintendent of
Police of the district in which he is required to reside;
(4) unless and until, he is exempted from doing so by the District
Magistrate, he shall report himself periodically at such time and
place and to such person as may, from time to time, be prescribed
by the District Magistrate or Superintendent of Police of the district
in which he is required to reside;
(5) he shall generally submit to and comply with the rules relating to
police surveillance to be exercised over conditionally released
convicts, for the time being in force.

Under paragraphs 203 and 205 of the Jail Manual, the Superintendent of
the Jail must give the Superintendent of Police at least two days’ notice of
the conditional release of a convict and should select for the date of release
a day which is not a Court holiday. When the Superintendent of Police
receives notice, he should depute a guard as provided in Rule 165 of the
Rules for Guards and Escorts to conduct the prisoner on the day of release
from the jail to the Superintendent of Police or officer-in-charge at
headquarters. The Superintendent of Police will inform the convict of the
village or mohalla in which he must reside and that thereafter until the date
of the expiry of the sentence (or, if the order of release so directs, for life
the rules relating to the surveillance of registered members of criminal
tribes liable to the provisions of Section 10(1) (b) of the Criminal Tribes
Act (VI of 1924) and whose movements have been restricted under Section
11 of that Act shall apply to him. After producing the convict before a
Magistrate for the execution of the final certificate on the back of Form A,
the Superintendent of Police shall release the convict.

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Conditions in Form B require merely that the convict shall proceed


to a specified State or to the Court of the Political Officer of the said State
and will not re-enter British India territory without the written permission
of a specified officer.
Any convict released on conditions A or B who is detected in the
commission of any breach of these conditions may be arrested without a
warrant by any police officer. The case of any convict so arrested must be
reported for the orders of District Magistrate who may detain the convict
in custody pending the orders of Government cancelling the convict’s
remission. A convict whose remission is cancelled may then be remanded
under Section 401 (new 432), Cr. P.C., to undergo the unexpired portion
of his sentence.
The surveillance to be exercised over convicts, released on
conditions in Form A under Section 432, Cr. P.C., and convicts in respect
to whom an order under Section 356, Cr. P.C., has been passed will be the
same as that exercised over members of criminal tribes upon whom the
same restrictions have respectively been placed, though such convicts will
not have register sheets. Separate registers for each of the two cases must
be maintained in the prescribed form at police stations and by the criminal
tribes sub-inspector at headquarters. Particulars of convict in respect of
whom an order under Section 356 is passed must be entered in the
appropriate register at the time of conviction. The attention of
Superintendent of Police is drawn to the importance and usefulness of
Section 356, Cr. P.C. In every case in which it can be applied, Public
Prosecutor should be directed to approach the Court with an application
for an order under it.

CHAPTER XXI
EXECUTION OF PROCESSES

277. Recovery of fine- Under Section 431 of the Code of Criminal


Procedure, 1973 (2 of 1974) (other than a fine) payable by virtue of any

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order made under this Code, and the method of recovery of which is not
otherwise expressly provided for, shall be recoverable as if it were a fine.

278. Execution of warrants of recovery- Warrants for recovery of


fines by attachment and sale of movable property should be executed in
the following manner :
(1) Such warrants shall ordinarily be directed through the Public
Prosecutor to the police officer-in-charge of the circle, within
which the property of the offender is situated and may be
endorsed by the station officer to any police officer
subordinate to him.
(2) Payment of the fine shall first be demanded from the person
liable.
(3) If payment is made to the police officer on demand, the
money shall be paid by him into the nearest treasury or sub-
treasury, the warrant returned to the Court with an
endorsement of execution.
(4) If payment is not made at once, the police officer bearing the
warrant will attach the movable property of the person fined
to an amount sufficient to liquidate the fine. He will then
return the warrant to the Magistrate, after endorsing on it a
note of what has been done.
(5) If it is necessary to sell the attached property, the sale will be
made not by the police, but by the nazir or kurk amin under
the Magistrate’s orders.

279. Process after payment of money into a treasury- When money is


paid by a police officer into a treasury or sub-treasury, it should be sent with a
pass-book (High Court Form No. 3) and a separate extract therefrom in duplicate,
respecting each item entered therein.
The officer-in-charge of the treasury or sub-treasury shall, on receipt of the
money, sign the pass-book on one of the extracts and return them.

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The extract so returned shall be forwarded by the officer-in-charge of the


police station to the Court which ordered the payment, or if that Court be the
Court of Session, to the District Magistrate.
On receipt of pass-book extract from an officer-in-charge of a police
station, Magistrate will forward to such officer a check receipt (High Court
printed Form Part XVI, No.3). The check receipt may be prepared in English or
in the vernacular or both; but in any case the words and figures denoting the sum
for which the receipt is being issued will be written on the receipt by the presiding
officer of the Curt with his own hand, and he must sign the receipt;.

280. Service of summons outside the local limits of the jurisdiction of


the issuing Court-When a police officer serves a summon outside the local
limits of the jurisdiction of the Court from which it was issued, he shall make an
affidavit in Form No. 42, before the nearest Magistrate. The affidavit and the
duplicate of the summons shall be returned to the Court by which the summons
was issued.
Printed forms of the affidavit shall be issued to all officers-in-charge of
police stations.

281. Time for keeping warrant of arrest in a non-cognizable case- No


warrant of arrest in a non-cognizable case shall for any reason be kept by the
police for more than six weeks. When a warrant is returned unexpected full
reason for its non-execution mut be reported to the Court.

282. Police will refuse to accept irregular processes- Except in the


case of a warrant issued by a Magistrate against a defaulter residing beyond the
limits of the jurisdiction for the local body on whose behalf such warrante has
been issued, the execution of warrants of the recovery of Municipal, District
board, Cantonment board and notified area or town area is not a police duty and
must be performed by a member of the staff of the local body concerned.
The police will refuse to accept irregular processes of any kind for service.

CHAPTER XXII
RECORDS AND CONFIDENTIAL DOCUMENTS

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283. List of registers to be kept in police stations- A list of the registers


to be kept up at and the returns to be submitted from stations will be found in
Appendices I and II.

284. The Police Gazette and the Criminal Intelligence Gazette- The
Police Gazette and the Criminal Intelligence Gazette are supplied to the police
stations. Volumes of five complete years should be kept, those of other dates
should be destroyed.

285. Annual preparation of certain lists- The following lists will be


prepared annually in the Superintendent’s office from information supplied by
the District Magistrate and will be sent to every police station to be kept on a file
in the station office till the close of the year :

(a) A list of persons resident in the district exempted by the name from
any of the provisions of the Arms Act, with a list of the persons
licensed under the Arms Act residing or carrying on a licensed
business within the limits of the police station. To every police
station on the border of another district should also be supplied a list
of exempted persons residing within the limits of adjoining police
stations of that district.
(b) A list of all persons holding licenses under the Excise or Opium
Acts, and carrying on a licensed business within the limits of the
circle.
(c) A list of all public ferries within the limits of circle with the names
of the licensees.

286. List of documents to be kept on file in every police station- In


every station house, the following lists should also be kept on file in the office :
(1) Of all Government property
(2) Of all Acts and books of reference.
(3) Of rural beats of constables

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(4) Of registers maintained at the stations


(5) Of reporting days for rural police
(6) Of officers and men attached to the station, with dates of posting.
(7) Of officers by whom the station has been inspected since December
31, with dates.
(8) Of Acts or portions of Acts applied or extended to the Circle,
(Paragraph 338).
(9) List showing receipt and distribution of pay, rewards and
allowances.
(10) History-sheeters, class A.
(11) History-sheeters, class B.
(12) Leave applications.
(13) Reward applications.
(14) Good conduct allowances to village chaukidars.
(15) Residents of the circle who have been convicted whether inside or
outside the circle.
(16) Cases supervised by gazetted officers.
(17) Cases of snake-bite and death from wild animals.
(18) Cases under the Stage Carriages Act.
(19) Cases under the Motor Vehicles Act.
(20) List of village chaukidars.
Whether a particular inspection was an annual or a casual inspection
should be shown on list (7). Whenever an inspection is made an entry in the list
should be made immediately. The list for each year should be kept for a second
year for reference.
287. Set up of Notice Board at every police station- A notice board
shall be set up in a conspicuous place at every police station for proclamations
and public notices. The officer-in-charge shall remove or renew notice as
occasion requires. If any of the sections of the Gambling Act, except Sections
13 and 17, have been extended to any place within the limits of the station circle,
a notice stating the boundaries of the place should be kept on the board and
renewed as often as it becomes illegible.

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288. Map of police station.- A map showing the position and boundaries
of all villages in the station circle should be hung on the wall of the station office.
If the station circle contains any town or city or part of any town or city, there
should be a map showing mohallas and beats.
Note.- These maps are in addition to those maintained for the classification
of burglaries.

289. A list of forms should be kept at police stations.- A list of the


forms to be kept at police stations is published separately. Forms should be
supplied to a police station only when the stock in hand, there is low and not as a
matter of course on receipt of supply from the Government Press.

290. Preparation of Inspection book at every police station.- In


addition to the blank book prescribed by paragraph 9 of these Regulations for
inspection by Magistrates an inspection book in each of the authorized printed
form (Nos. 25 and 35-A) will be kept at each police station for departmental
officers only and will be used both for detailed and casual inspections. Notes of
all inspections made by gazetted police officers will be forwarded by the
Superintendent of Police to the District Magistrate.
291. Maintenance of G.D. and C.D.- All blank volumes of general and
case diaries must, when received from the Government Central Press, be stamped
each page with the Superintendent’s office stamp before being stocked in his
record-room and the number of volumes received should be noted in the stock-
book of registers and forms (Manual Miscellaneous Form No. 33-R). Care must
be taken to see that no pages have been abstracted. Blank volumes of diaries
must be kept in safe custody.
The general and case diaries should be maintained in the following
manner:
(i) The issue register of the record-room should show the serial number
and year of print of the revised volume issued to a police station or
outpost.

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(ii) The name of the district, and of the police station or outpost to which
a particular volume is issued and the date of issue shall be stamped
at each page of diaries at the time of issue.
(iii) The rubber stamps in use should be kept under lock and key so that
they may not be used on blank volumes kept in the record room
without the specific orders of the gazetted officer-in-charge of the
office who shall be responsible for the safe custody of the rubber
stamps.
(iv) The stock of blank volumes should be physically checked once a
month by an officer of the Police Department not below the rank of
a gazetted officer and the entries in the register should be initialed
by him.
(v) No volume should be issued without the explicit orders of an officer
on the Police Department not below the rank of a gazetted officer.
The requisition form for such diaries should require the counter-
signature of a gazetted officer before a volume is issued.
(vi) Each police station is allowed to retain only one spare volume of
each diary for use in emergencies. When it is brought into use, an
entry to this effect giving the volume number and year of print
should be made in the general diary. In case of outposts, no spare
copy need be issued.
(vii) A separate case diary volume should be issued to each investigating
officer and in the case of his transfer, he should hand it over to his
successor and not in his charge certificate the number of both used
and unused pages of the case diary.
(viii) Circle officers should check, during their casual inspection, that not
more than one spare volume of each kind is kept at the police station,
and certify that it is not being misused.
(ix) Circle officers should also ensure that Peshi clerks check that the
pages of general diary / case diary are being received by them
according to their serial number.
(x) Overwriting is not permitted in diaries. Not more than one line
should be written on each ruled line of the diary. A horizontal line

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should always be drawn across any part of a ruled line which


remains unused.
(xi) Whenever any volume of a case diary or general diary with blank
pages is deposited in the record-room, each such page must be
cancelled under the signature of a gazetted officer so that it may not
be used. Such volume containing blank pages should not be retained
at police station / outpost unless they are required for cases under
trial in Court. In such cases, these volumes must be produced before
the circle officer who will cancel the unused pages of case / general
diaries as the case may be.

292. Numbering on G.D. and C.D. and a note on last page showing
the number of pages.- Before blank volumes of general and case diaries (Police
Form No. 217 and 342) leave the Superintendent’s office for distribution, the
pages must be carefully counted to see that there are no mistakes in numbering
on the part of the Government Central Press, and at the beginning and end of each
volume, a note must be made showing the number of pages contained therein and
any mistakes in numbering that have been found. This entry must be signed by
the Superintendent of Police or other gazetted officer.

293. Index of case diary.- When volume of the case diary is brought into
use Form No. 280 should be prefixed to it as an index.

294. Method for writing General Diary.- The general diary (Police Form
No. 217) shall be written in duplicate under the superintendence of the officer-
in-charge of the station, who is responsible for the entries made in it and must
sign it daily. The “officer-in-charge” includes the officer in temporary charge
under Section 2 of the Code of Criminal Procedure, 1972 (2 of 197). The
duplicate copy will remain in the police station, the original being sent to the
Superintendent or Assistant or Deputy Superintendent-in-charge of the sub-
division. The diary should be a complete but brief record of the proceedings of
the police, and of occurrences reported to them or of which they have obtained
information. With the exceptions specified in the following paragraph, details

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contained in a first information report, case diary, or separate report need not be
repeated in the general diary.

295. Recording of matters in General Diary.- The following matters


must be recorded in general diary :
(1) Report of the morning parade with a note of the cause of absence of
any officer or man.
(2) Verification of cash balance and inspection of malkhana by the
officer-in-charge.
(3) Distribution of daily duties and grant of casual leave,
(4) Departure and return of police officers on and from duty, transfer or
leave.
(5) Reports of the performance of all duties e.g., beat duty, process-
serving, inspection and investigation.
(6) Transfer of charge of the police station or of the head moharrir’s
duties.
(7) Postings and relief of sentries when under paragraph 59 they have
to be posted and relieved by a sub-inspector or head constable.
(8) Receipt and disbursement of cash.
(9) The fact that the police have taken possession of any property
together with brief details of such property and of the action taken
to dispose it of.
(10) Arrests made at the police station.
(11) The arrival or departure of prisoners with a statement, in the case of
departing prisoners, of the reasons for imposing or not imposing
handcuffs.
(12) admission of prisoners to bail at the station.
(13) Reports of offences, with number of check receipt )Form No. 341 or
347), distance and direction from the station of the village from
which the offence is reported; and, in the case of cognizable offences
the number of offences reported; and, in the case of cognizable
offences the number of offences reported from that village up-to-
date during the year.

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(14) Reports of all occurrences which under the law have to be reported
or which may require action on the part of the police or the
magistracy, or of which the district authorities ought to be informed.
(15) Action taken on reports.
(16) Details of papers received and despatched.
(17) Inspections of the station by gazetted officers and inspectors.
(18) On the 1st and 16th of every month a list of outstanding references
and orders.
(19) On the 1st and 16th of every month a statement of all property taken
possession of by the police and present in the malkhana pending
disposal.

296. Entries in General Diary.- During the day, reports of all kinds must
be entered immediately on the occurrence of the events to which they refer.
During the night, reports of the following events must also be entered
immediately :
(a) All offences and all events which require immediate action on the
part of the officer-in-charge.
(b) Arrival or dispatch of prisoners, money and property.
(c) Posting and relief of sentries when carried out by an officer under
paragraph 59.

297. Closing of General Diary.- Unless the Superintendent prescribes


some other time to fit in better with the post or other method of dispatch, the
generally diary should be closed for each day at sunset, and entries made during
the night will form part of the diary of the following day.
298. Any entry in the G.D. coming to the notice of D.M., S.P. may send
the diary in original to D.M.- Whenever any entry in the general diary should
be brought to the notice of the District or Sub-Divisional Magistrate, the
Superintendent may send either the diary in original, or a copy of the entry.

299. Procedure for production of G.D. before Court.- I. When a


summons to produce a police diary is served upon a Superintendent of Police or

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a police officer subordinate to him by a Court or an application for production of


such a diary is received from a Court in any case not covered by Section 172 of
the Code of Criminal Procedure, the Superintendent of Police shall permit diary
to be produced and inspected by the Court and allow evidence derived from it to
be given unless its disclosure would in his opinion be detrimental to the public
interests, or other valid reasons exist for withholding the same.
II. (a) In respect of documents emanating (1) from a higher authority, viz.,
the Governor, the Secretary of State for India, the Government of India, or the
Provincial Government, or which have formed the subject of correspondence
with such higher authority, or (2) from other Governments, whether foreign or
dominion, the Superintendent of Police should obtain the consent of the
Government of India, or the State Government, as the case may be, through the
usual official channel before agreeing to produce documents in Court or allowing
evidence based on them, unless the papers are intended for publication, or are of
a purely formal or routine nature, when a reference to higher authority may be
dispensed with.
(b) In the case of paper other than those specified in Rules I and II (a)
above, the Superintendent of Police should not allow production of the
correspondence if it relates to matters which are generally regarded as
confidential, or disclosure of which would in his opinion be detrimental to the
public interest or to matters which are in dispute in some other connection or have
given rise to a controversy between Government and some other party.
III. (i) In case of doubt in regard to the documents mentioned in Rules I
and II above, the Superintendent of Police should invariably refer to the
Inspector-General of Police for orders. If it is considered that permission to
produce a document should be withheld, the Superintendent of Police will either
appear in Court himself with the documents concerned and claim the privilege
allowed by Section 123 or Section 124 of the Evidence Act or he will issue an
order in the form noted below which must be produced by the Government
servant who is directed to attend the Court as a witness with such documents at
the time of giving evidence and he should explain that he is not at liberty to
produce the documents before the Court or to give any evidence derived from

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them. He should, however, take with him the papers which he has been
summoned to produce.
(ii) The Superintendent of Police should abstain from entering into
correspondence with the presiding officer of the Court concerned in regard to the
grounds on which the documents have been called for. He should obey the
Court’s orders and should appear personally or arrange for the appearance of
another officer in the Court concerned with the documents and act as indicated
in sub-rule (1) above and produce the necessary certificate if he claims privilege.

FORM OF 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 and claim privilege for them under Sections 123 or 124 of the
Evidence Act.
(b) I withhold permission to give any evidence from the files for which
privilege is claimed under the order.
It should be represented to the Court that these files contain……………….
Relating to officers of State unpublished official record…… [confidential matters
the disclosure of which would be against public interest]
for the purpose of Sections 123/124 of the Evidence Act [and that in view
of the provision of Section 162 of that Act the files are not open to the inspection
of the Court].
Superintendent of Police
……… Dated the

300. Identity of sources and agents will be confidential.- It is


universally recognized as fundamental principle of police procedure that the
identity of sources and agents who supply secret information should be known
only to the officers who employ them and to such other officers as the head of
the Police Force may determine and that every precaution should be taken to
protect the secrecy of confidential records and documents.

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No members of the Police Force, therefore, shall disclose or be required to


disclose to persons within or without the Force the source from which or the
channel through which such secret information is received except under the
special or general orders of the Inspector-General of Police.
No member of the Police Force shall transit any person outside the Force
any confidential records or document or information derived from such document
except under the special or general orders of the Inspector-General of Police.
When it is necessary to transit secret information to persons outside the
Force the greatest care must be taken to avoid the possibility of exposure of the
source from which or the channel through which such secret information has been
received. Reports must be summarized or paraphrased and an original report or
a copy of an original report shall on no account be transmitted.
Note.- The disclosure or communication of secret information relating to
the operations of persons committing or conspiring, preparing or attempting to
commit such crime as mentioned in sub-section (1) of section 58 of the
Government of India Act, 1935, is governed by such rules and orders as the
Governor may issue in exercise of the power conferred on him by Section 58 of
the above Act.

CHAPTER XXIII
ACCOUNTS KEPT AT POLICE STATION
301. Entry of received and disbursed amount in cash book of police
station.- All amounts received and disbursed shall be entered immediately at
the station in the cash book, Form No. 224. At the end of the month, details of
the balances in hand should be shown.

302. The description of cash received in police station should be


entered in G.D. by head constable station writer.- On receipt of cash, the head
constable, station writer will enter in the general diary the hour of its arrival and
the amounts disbursed on date, the balance in hand and reasons for the whole sum
not being paid away; all subsequent amounts disbursed shall be entered in the
diary at the time they are paid.

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(a) All entries concerning cash, both in the cash-book and general diary
must be checked by the station officer as soon as they are made or, if made during
his absence as soon as he returns to the station, when he must sign the cash-book
after scrutiny and check all transactions which have occurred during his absence.

303. Keeping of undisbursed balance.- The undisbursed balance will be


kept in a strong-box under lock and key, and will be verified daily by the officer-
in-charge of the station. The box will be placed where the sentry can see it; it
should be attached to a post or to the ground by a chain. The key will be kept by
the senior officer present at the station.

304. The receipt and expenditure of postage service should be shown


in the cash book.- The receipt and expenditure of postage service, labels and
postcards should be shown in the cash-book as if they were money.

305. Permanent advance for various works.- Officers-in-charge of


police stations and reserve inspectors receive from the Superintendent of Police
a permanent advance to meet the following expenses which are debitable to the
budget allotments noted against each :
SL. NAME OF CHARGE TO BE MET FROM THE
NO. ALLOTMENT UNDER THE HEAD
1. Transport of dead bodies (both
of persons and animals),
wounded and accused-persons,
vagrants and lunatics, criminal
and non-criminal
2. Carriage between police station 33- Police-Non Plan – B – District
and Courts of the property of Executive Force-Contract-
accused-person (including those Contingencies-Transport charges of
sent for trial by the Excise dead bodies, wounded and Accused-
Department) persons
3. Charges for carrying poor
Persons to hospital
4. Carriage of unclaimed property
from police station to Courts
5. Conveyance hire of accused
Persons arrested by sergeants.
6. Post-mortem charges, (Wages of )23-Police-Non Plan-B-District
sweepers who attend to )Executive Force-Contract-

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corposes) and Miscellaneous )Contingencies-Transport charges of


mortuary charges. )dead bodies, wounded and accused
7. Carriage of property sent by )persons
Courts to the malkhana after )
decision of cases. )
8. Diet expenses of messengers )
sent by Sarpanch to the police )
station to report the occurrence )
of death in which foul play is )
suspected. (
9. Dieting of wounded persons in 19-General Administration – District
police cases. Administration – General
Establishment. Is under the control of
the Inspector-General of Police.
Superintendent of Police should
make the necessary payments and
draw bills on the Pay and Accounts
Officer, Land Revenue and General
Administration Department,
Allahabad

10. Lighting, Punkha, coolies, )22- Jails and convicts Settlements-


sweeper’s charges in case of an )Charges for police custody. Is under
European in police custody )the control of the Inspector-General
11. Dieting charges of accused )of Police.
persons )
12. Pay of waterman engaged for the )Superintendent of police should
supply of water to prisoner in )make the necessary payments and
undertrial Havalats. )draw bills on the Pay and Accounts
)Officer, Jails, Medical and Public
)Health Departments, Lucknow

13. Dieting charges of criminal


lunatics
14. Dieting charges of non-criminal
lunatics 29- General Administration – District
Administration – General
Establishments – Dieting and
guarding charges of non-criminal
lunatics. Is under the control of the
Inspector-General of Police.
Superintendent of Police should
make the necessary payments and
draw bills on the Pay and Accounts
Officer, Land Revenue and General
Administration Department,
Allahabad

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15. Burial or cremation of dead 47-Miscellaneous – Donation for


bodies of pauper patients in charitable purposes – Burial of
hospital paupers – District Officer

16. Burial or cremation of District Judge


unclaimed bodies throughout the
district

17. Charges on account of 23 – Police – Non-Plan – B – D.E.F.


transporting intestate property (a) District Police contingencies
between police station and Travelling allowance or railway fare
Courts and carriage of police escorts.

18. Cost of fares of officers and men


sent on duty by train

19. Diet and travelling allowances of 23-Police – Non – Plan – B – D.E.F.


witnesses summon in public Allowances and Honoraria – Diet and
investigations and executive travelling allowance to witnesses and
inquiries other miscellaneous charges.

Note. – “Generally case property is returned to the owner by the Court


soon after the disposal of the case or of the appeal. If the owner is not present in
Court or is unable to come to the Court malkhana to receive the property, there
is ordinarily no obligation on Government to restore the property to the owner at
his residence, because it is not from his possession that property which has been
the subject of an offence is seized by the police. The owner having lost the
property should not expect to the Police who trace it out for him also to undertake
the expense of delivery it to him. In exceptional cases, however, Government
might undertake the expense of delivering the property at the residence of the
owner and the transport charges in any such case should, in accordance with
Article 30 of the Account Code, Volume I, be debited to the Police Budget under
the head “23 – B.D.E.F. – (a) District Police – 5 Contingencies Miscellaneous.”

306. The book of cheques.- A book of cheques in Form No. 11 shall be


kept under lock and key at each police station. The Superintendent’s office seal
shall be impressed on each page both original and duplicate, before a cheque book
is issued to a police station. To recoup the permanent advance a separate cheque
for each class of charges as detailed in the preceding paragraph except item 18

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for instructions regarding which see paragraph 206 (d). Office Manual, should
be sent to headquarters by a police officer. On arriving at headquarters the police
officer will take the cheque to the public prosecutor who, after checking it with
the papers in the case, will endorse on it the date of the officer’s arrival at
headquarters, the amount to be paid, the name of the officer who is to receive
payment, and will sign the endorsement. He will also make an entry for the
cheque in a register which he will maintain for that purpose. This register will
be kept up by police stations and will show the number and date of every cheque,
the date of its presentation, the purpose for which payment is demanded, the
person to whom is to be made, the amount to be paid, and the signature or seal of
the bearer of the cheque. The cheque (unless it is for recoupment charges
connected with interest property) shall next be laid before the Superintendent of
Police for orders of payment, and shall then be taken by the police officer who
brought it to the accountant, who will pay the amount from the permanent
advance of the district making an entry in his contingent register and taking the
payee’s receipt in the ordinary way. The accountant may pay only to the police
officer whose name is on the cheque, and the officer will take the money to the
police station. In the case of prisoners, corpses, etc. sent to places other than
headquarters, the police officer of the Court to which they are sent, or if they are
not sent to a Court, the officer-in-charge of the police station at their distinction,
shall record on the back of the cheque the date of receipt, the amount due, the
name of the police officer-in-charge and his signature. He shall then send the
cheque to the public prosecutor who will make an entry for it in his register and
pass it on to the Superintendent’s office for recoupment and remittance to the
dispatching police station.
The procedure in the case of cheques relating to charges connected with
intestate property will be the same except that instead of being laid before the
Superintendent of Police they will, after endorsement by the public prosecutor
and entry in his register, be presented for payment at the Court of the District
Judge.

Note.- The book of cheques in form No.11 is also known as chik khurak.

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307. Submission of cheques issued by S.O. – On the 1st of each month


each officer-in-charge of a station shall submit to the Superintendent a
memorandum in Form No. 198 of the cheques issued by him in the previous
month. The Superintendent or an officer not below the rank of inspector shall
check this memorandum with the public prosecutor register.
This rule and those in paragraphs 305 and 306 apply to the Government
Railway Police insofar as (expenditure may be incurred under any of the heads
mentioned in paragraph 305. The permanent advance will be recouped from or
through the Superintendent of Police of the district within which the railway
police station is situated, except in the case of particular railway police station
for which own to their situation special orders are issued, the monthly
memorandum prescribed above will be forwarded by the railway police station
officer to the Superintendent of Police from or through whom recoupment is
effected.

308. Maintenance of accounts in Reserve lines.- In the reserve lines


accounts shall be kept in the same manner as prescribed above for police stations,
the reserve inspector performing the duties of the officer-in-charge of a station
and the lines Moharrir the duties of those of the head constable station writer. He
will hold a permanent advance to meet the expenses of the kind enumerated in
paragraph 305 and will discharge the duties assigned to the station officer in
paragraphs 306 and 307. He will keep the book of cheques (Police From Nos.
304 and 320) under lock and key and will recoup his permanent advance by
means of cheques which he will send to the public prosecutor for check and
endorsement. Payment will be made exactly as laid down in paragraph 306. The
monthly memorandum in Form 198 prescribed in paragraph 307 must be
submitted to the Superintendent by the Reserve Inspector.

CHAPTER XXIV
INDIAN STATES
Note.- This chapter consist para 309 to para 321, which was deleted from
the Police Regulation.
----

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CHAPTER XXV
REPORTING AND REGISTRATION OF BIRTHS AND DEATHS

322. Registration of births and deaths.- In areas falling outside the limits
of a municipality, a notified area, a town area or a cantonment it shall be the duty
of a village chaukidar to report to the President or, in his absence, to the Vice-
President or the Secretary of the Gaon Sabha every birth or death, occurring in
the area assigned to the Panchayat at the earliest opportunity. If the deceased was
Government pensioner or a non-commissioned officer or private of the Indian
Army on leave or a foreigner, the chaukidar shall immediately report the death to
his station officer also.
323. [Omitted]
324. [Omitted]

325. Reports of death or disappearance of a pensioner should be


entered in the general diary.- The Officer-in-charge of a station, whether
within or outside municipal limits, on receiving a report of the death or
disappearance of a pensioner, shall enter the report in the general diary and shall
report the fact, without delay, to the Tahsildar who will take steps to verify it.

326. On receiving information regarding the death of any Indian


non-commissioned officer, S.O. shall immediately report to S.P.- The Officer-
in-charge of a police station, on receiving information from a chaukidar or
constable regarding the death of any Indian non-commissioned officer or private
of the Indian Army while on leave shall immediately report the fact to the
Superintendent of Police of his district. Such information shall be communicated
without delay by the Superintendent of Police through the District Magistrate to
the Officer commanding the regiment to which the deceased belonged. Any
official papers given by the relatives of the deceased shall be forwarded at the
same time.

327. On receiving information regarding the death of a foreigner, the


S.O. shall immediately report to S.P.- On receipt of information of the death
of a foreigner, the Section Officer shall ascertain full particulars of the deceased,

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the cause of his death and his nationality and shall submit his report immediately
to the Superintendent of Police who will pass this information on the Criminal
Investigation Department. The Superintendent of Police should try to recover the
deceased’s identity documents and registration papers and obtain full particulars
of the deceased’s property and next-of-kin and pass on those documents and this
information also to the Criminal Investigation Department.

CHAPTER XXVI
DIRECTION FOR THE GUIDANCE OF POLICE OFFICERS IN
TIME OF FAMINE

328. Direction for guidance of police officers in the time of famine.-


When the Collector opens test works and poor-houses at the beginning of a
famine, he will send to the Superintendent of Police for distribution of every
police station in the affected tracts a sum of money as famine imprest for the
relief of wanderers in distress. The officer-in-charge of each police station will
recoup his advance from the balance which the Superintendent of Police will
retain in his reserve and the Superintendent of Police will recoup his imprest from
Collector. The Officer-in-charge of the station will instruct the chaukidars of his
circle to direct or conduct all starving wanderers whom they meet to the nearest
place of relief (poor-houses, relief work, or police station, as the case may be).
A system of patrols by beat constables should also be organized to search for
starving wanderers in likely places, such as trunk and district roads, temporary
rest-houses and sarais and the lanes and bye-ways of towns and villages, and to
send them to the nearest place of relief. No compulsion should be exercised by
constables or chaukidars. If the wanderer refuses to go to a place of relief, he
must be left alone. If he is too weak to walk, he should be assisted or carried: the
cost of conveyance and of food on the way may be paid out of the famine imprest,
and may be incurred in urgent cases by any constable or chaukidar without
reference to the officer-in-chare of the police station.

329. Duty of police officer when a wanderer in distress comes or is


brought to a police station.- When a wanderer in distress comes or is brought

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to a police station, he should be fed, if in need of food and directed or conducted


to the nearest poor-house or relief work. If he refuses to go to place of relief
though ale to walk, he should not fed as wanderer, must not be encouraged to
travel about getting his food from police station and avoiding poor-houses. If the
person is fit for work, he should go to a relief work, if he is too weak, he should
go to a poor-house. The cost of conveyance to a poor-house may be paid out of
the imprest if the wanderer is too feeble to walk. The food given at the police
station should be such as the officer-in-charge considers suitable to the condition
of the wanderer. Weak persons should receive something that is easily digested.
Persons who are well enough to look after themselves may be given food or
money to purchase food as seems best. The cost of food or cash payment in lieu
thereof will not exceed the dependent’s allowance prescribed in paragraph 128(a)
of the Revised Famine Code, U.P., 1912.

330. Every S.O. of a police station should send weekly report to S.P.
in form E- VI.- Every officer-in-charge of a police station should send to the
Superintendent a weekly abstract in Form NO. E VI. Copies of this form printed
on orange paper will be obtained from the Government Central press or
Superintendent of Police, who will distribute them to stations. Any expenditure
incurred on cost of conveyance should be shown separately. The statement must
be dispatched in the time to reach headquarter on Sunday. The Superintendent
will submit an account to the Collector in the same form so as to reach him on
Monday morning, and will make remittance to police stations to recoup the
imprest. If the imprest is exhausted before the arrival of the remittance, the
officer-in-charge should immediately report the fact, and in anticipation of a
remittance should spend money from any other sum under his control. With the
abstract in Form No. E VI the officer-in-charge of the station should send a list
showing the names and residences of all men, women and children relieved and
the sum spent on each. If no body has been relieved a report should be send that
the abstract is blank.

331. Police may be employed in guarding treasure chest on relief.- If


the Collector sees fit, police may be employed in guarding treasure chest on relief

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works or in keeping order there, but will not, as a rule, be employed in the latter
way. Police must not be used as patrols to enforce conservancy agreements.

332. Money received from collector should be disbursed promptly.- If


the money is received from the Collector or under his order for distribution to
persons entrusted with village relief, it should be kept for the recipients and
disbursed to them as soon as they arrive. If money is sent in this way, instructions
as to the receipts to be taken and the accounts to be kept, will be issued.

333. Unclaimed bodies should be burnt or buried by the police


according to the religion of the deceased.- Unclaimed bodies should be burnt
or buried by the police according to the religion of the deceased. The expenditure
will be met from the permanent advance of the station granted for the transport
of wounded and accused-persons etc., and not from the famine imprest.

334. If famine relief seriously increases the duties of the police S.O.
may apply to S.P. for extra force.- If famine relief seriously increases the duties
of the police at any station the officer-in-charge may apply to the Superintendent
for an increase of staff.

335. Balance money of relief operations should be deposited in


treasury.- When relief operations, have been closed the officer-in-charge of the
station will refund the balance of the famine imprest by paying it into sub-
treasury or to the Superintendent of Police.

336. Periodical reports should be submitted from police station to


S.P. – Periodical reports should be submitted from police station to the
Superintendent on the dates prescribed by him, concerning –
(1) any increase in crime attributable to a general rise in prices or
scarcity of food.
(2) any wandering of needy, starving persons;
(3) any emigration from or immigration to the police circle;
(4) any unusual increase of mortality;
(5) any cases of starvation or severe want;

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(6) any decline in the above symptoms of scarcity.


The Superintendent of Police will submit similar reports for the whole area
under his charge periodically to the District Magistrate.

337. S.O. should assist the officer-in-charge of famine relief.- The


officer-in-charge of a police station will report any important fact connected with
famine administration or the growth or decline or distress which he thinks that
the district authorities ought to know and do not know. He should also assist the
officer-in-chare of famine relief by spreading information in his circle as to the
site of relief works and poor-house, by encouraging the people and preventing
scares, and by explaining and justifying the principles on which relief is being
administered.

CHAPTER XXVII
DUTIES UNDER SPECIAL ACTS AND RULES
338. A list of Acts or portion of Acts should be kept in police office
and S.P. office.- There should be in the office of the Superintendent of Police
and at each police station a list of the Acts or portions of Acts which concern the
police and extend to the whole or part of the district or station, but are not in force
throughout the province.
The boundaries of the place to which any Act or portion of an Act extends
should be stated in the list, if the Act or portion of the Act does not apply to the
whole of the district or station.

339. If European deserter is arrested, he must be taken before a


Justice of the peace.- When an European deserter from the Army, Navy, Air
Force or Indian Marine Service is arrested, he must be taken before a Justice of
the Peace, who should be asked to prepare and sign the descriptive return in the
form laid down in Fourth Schedule of the Army Act, as required by Section 163
(i) thereof. The descriptive return should be sent to the Officer Commanding the
Military district or station in which the Court is situated. An Indian deserter must
be taken before a first class Magistrate.

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If the corps from which the man is believed to have deserted be quartered
at the place of capture, or in the immediate vicinity of it, he shall not sent by the
Magistrate direct to that corps. If the corps be quartered at a distance, he shall
be made over to the nearest Officer Commanding a station.

340. When a person subject to military law deserts the officer


commanding will immediately inform to local and railway police.- When a
person subject to military law deserts the Officer Commanding the corps to which
he belongs will immediately inform the local and railway police. On receipt of
such information the Superintendent will take such action as may be expedient.

341. Reward for apprehension of deserter.- A reward of Rs.5 will be


granted for the apprehension of any of the following classes who is a deserter or
is absent without leave (other than an individual who surrenders himself).
Combatants including reservists.
Non-combatant (enrolled) personnel.
Men of the Indian Hospital Corps.
(See Pay and Allowance Regulations for the Army in India, 1938 edition,
Part II, paragraph 233).
If the deserter is apprehended as a result of information given by a third
party, one-half the sanctioned reward shall be paid to the individual who
furnished the information.

342. Procedure, when a deserter is apprehended by the police.- When


a deserter is apprehended by the police, the Superintendent of Police should
notify his Commanding Officer of his apprehension, and at the same time furnish
the Commanding Officer with the name and address in full of the persons to
whom the reward is payable. As soon as the deserter reaches his unit in charge
of the escort the Commanding Officer will at once remit the reward by money
order direct to the person entitled to it, whose money order acknowledgement
will be accepted by the audit authorities as sufficient voucher for the amount paid
as a reward and for the money order fee.
The police officer or man to whom the reward is due should inform the
officer of the Superintendent of Police when he receives the amount of the reward

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in order that any delay in payment be referred to the Officer Commanding the
Unit concerned.
Officer Commanding Units, etc. will ensure that there is no delay in
remitting amounts due on account of rewards for the apprehension of Army
deserters and that such amounts are remitted immediately a deserter rejoins the
unit. Officer Commanding Units, operating an imprest amount will pay such
amounts from their imprest. In case where, owning to non-availability of ready
money, the necessary remittances cannot be made immediately a deserter rejoins
the unit, Officer Commanding Units may authorize the police authority
concerned to make payment from the police funds according to Indian Army
Order No. 2095/44, published under Notification No. VI/56-43, dated December
8, 1944 at pages 253 and 254 of the Police Gazette, dated December 13, 1944.
The amounts so paid from the police funds should subsequently be debited to the
Controller of Military Accounts concerned.

343. When deserter is made over to military authorities by police a


form of certificate u/s 91-A is sent to the police for completion.- When, after
a deserter has been arrested by the police and made over to the military
authorities, a form of certificate under Section 91-A of the Indian Army Act of
1911 is sent to the police for completion, it must be completed and signed by an
officer not below the rank of an officer-in-charge of a police station. If signed
by an officer of lower rank, it will be wholly invalid in evidence at the court-
martial which tries the deserter.

344. Deserters from the forces should not be surrendered to the


Durbar.- Deserters from the forces, or from any unit of the forces, of an Indian
State should not be surrendered to the Durbar, unless desertion from the forces
of such State or from the particular unit concerned has been specified by
notification in the Gazette of India as an extraditable offence under the First
Schedule of the Indian Extradition Act (XV of 1903). Un-extraditable deserters,
if enlisted in the police should be dismissed unless their retention in the force is
sanctioned by the Deputy Inspector-General of Police.

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345. Rules regarding emigration.- The rules regarding emigration


beyond the limits of British India re contained in the Manual of Government
Orders.
346. Under Indian Factories Act, notice of an accident resulting in
death must be sent by the factory authorities to S.O.- The rules under the
Indian Factories Act, 1948 (LXIII of 1948) will be found in the Manual of
Government Orders. Under these rules, notice of an accident resulting in death
must be sent by the factory authorities by telegraph, telephone or special
messenger, to the officer-in-charge of the station of the area in which the factory
is situated, within one hour of the death occurring on the premises or being known
to have occurred elsewhere. If the notice is sent by telegraph or telephone, it
must be confirmed by written report in the prescribed Form E. On receiving such
notice the station officer should act as laid down in Chapter XII of these
Regulations. Notices of accidents not resulting in death need not be sent to the
police. If any such notice is received, no action should be taken by the police
without a Magistrate’s order unless there is reason to suspect that a cognizable
offence has been committed. In such cases, the report should be forwarded
through the Superintendent of Police to the Magistrate.

347. Commissioner of the division empowered to make rules under


the Ferries Act.- The Commissioner of the division is the authority empowered
to make rules under the Ferries Act (XVII of 1878). The Superintendent should
study rules, and bring to the notice of officer-in-charge of police station the
provisions requiring attention of the police. Sufficient police should always be
stationed at ferries throughout the period during which large crowds may be
expected on the occasions of fairs, in order to prevent overcrowding of boats.

348. Rules made under the Fisheries Act.- The rules made under the
Fisheries Act (IV of 1897) are contained in the Manual of Government Orders.

349. S.P. should bring to the notice of S.O. about local forest rules.-
The Superintendent of Police should bring to the notice of officers-in-charge of
stations any local forest rules requiring their attention.

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350. Execution of warrants u/s 5 of the Public Gambling Act.- Under


Section 5 of the Public Gambling Act (III of 1867), the Local Government has
authorized inspectors and officer-in-charge of police station not below the rank
of sub-inspector to execute warrants issued under that section.

351. Permission to play games in public.- Permission to play games in


public should never be granted (see Manual of Government Orders),

352. Application of Glanders and Farcy Act.- The Glanders and Farcy
Act (XIII of 1899) has been applied to the whole of Uttar Pradesh.
Superintendent of Police have been empowered under Section 4 of the Act to
exercise and perform within their district the powers conferred and the duties
imposed by the Act on inspectors appointed under the Act (see Manual of
Government Orders).

353. Police are required to give information to Municipal boards of


offence against the Act.- Under Section 317 of the U.P. Municipalities Act of
1916, the Police are required to give information to municipal boards of offence
against the Act or against any of the Acts referred to in Clause (b) of sub-section
(1) of Section 144 of the Act or against any rule made under any of the said Acts,
and are also bound to assist all members, officers and servants of boards in the
exercise of their lawful authority. Superintendent of Police should see that all
police stations having jurisdiction within municipal limits are supplied with
copies of all Acts and rules with reference to which the police have duties under
this section.
The information which the police are required to furnish under Section 317
is to enable municipalities to take action for realization of fines under Section
114, and the fact that the police are required to furnish this information does not
imply that any action which they are legally empowered to take independently
under any of the Acts in question, should be taken through the municipal
authorities.

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354. The register of persons resorting to sarai.- The register of persons


resorting to a sarai prescribed by Section 8 of the Sarais Act (XXII of 1867)
need be prepared only if the District Magistrate directs. If such a register is
ordered to be maintained, a book of blank Forms (No. 265) must be furnished to
the sarai-keeper by the Superintendent.

355. Rules regarding stage carriages.- The rules regarding stage


carriages are contained in the Manual of Government Orders.

356. Rules regarding treasure trove.- The rules regarding treasures


trove are contained in the Manual of Government Orders.

357. S.P. required to give immediate information to D.M. of any case


of a serious nature in which soldiers are believed to have been concerned.-
According to rules contained in the Manual of Government Orders,
Superintendent of Police are required to give immediate information to the
District Magistrate of any case of a serious nature in which soldiers are believed
to have been concerned. Such cases must be specially reported under paragraph
101 of these Regulations and paragraph 67 of the Office Manual. For the orders
regarding the prosecution, trial and investigation of cases in which soldiers are
concerned, (see the Manual of Government Orders) and paragraph 125 of these
Regulations. The procedure prescribed in the Manual of Government Orders
should be followed so far as possible in all cases in which conflicts between
Europeans and Indians occur or in which Indins are shot or wounded by
Europeans.
358. Rules prescribing the duties of police at fairs.- The rules
prescribing the duties of police at fairs are contained in the Manual of
Government Orders.

359. Police have no authority to make formal inspections of cattle


pounds.- The police have no authority to make formal inspections of cattle
pounds though they may visit them for purely police purposes.

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360. Record of all the great trigonometrical survey stations in


districts shall be kept in the office of S.P.- A record of all the Great
Trigonometrical Survey stations in districts shall be kept in the office of
Superintendent of Police. Village policemen are bound to prevent wilful injury
to the stations; they must report any damage to the officer-in-charge of the police
station.
A police officer should visit the stations periodically to examine their
condition, and report any urgent need of repairs. (See also Manual of
Government Orders).

361. Duty of village police to protect ancient structures and preventing


unauthorized excavations.- For the duties of village police in protecting
ancient structures and preventing unauthorized excavations, see the Manual of
Government Orders. The village police are responsible for reporting any attempt
at spoilation or the occurrence of anything which is likely to endanger the
stability of antiquarian remains above ground and for giving information of any
attempt to make unauthorized excavations on the sites of ruined cities or
buildings. Valuable archaeological remains should be promptly dealt with under
the Treasure Trove Act (VI of 1878) whenever applicable.

362. Rules regarding the escape of prisoners from district or central


Jails.- The rules regarding the action to be taken on the escape of prisoners from
district or central jails are contained in the U.P. Jail Manual.
Whenever a prisoner escapes from jail, the superintendent of the jail must
give immediate notice to the District Magistrate and send descriptive roll of the
prisoner, with all information available including the prisoner’s place of
residence and the reward offered for his re-apprehension, to the following
authorities : The Superintendent of Police of the district in which the escape
occurs ; The Superintendent of Police of the district in which the prisoner’s home
is situated ; the police authorities of districts adjoining the above and the Railway
Police. He must also at once forward a descriptive roll of the prisoner to the
Deputy Inspector-General of Police, Criminal Investigation Department,
Lucknow, for publication in the Criminal Intelligence Gazette with information

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of the reward. All these authorities are again informed by him if the prisoner is
recaptured.
It is of greatest importance that the police should immediately watch the
prisoner’s home to intercept him on his way to see his family.
According to the Jail Manual, the District Magistrate is required to make
an investigation into the circumstances of every escape immediately on receiving
information of it, but no investigation inside the jail may be made by the police
except under the orders of the District Magistrate. District Magistrates are
required to allow Superintendents to see the papers of the magisterial inquiries
made under this paragraph as thee inquiries progress. Superintendents should
ask to see these papers and should examine them or have them examined by a
gazetted officer with a view to ascertaining immediately any particulars which
may be of assistance to the police in effecting re-arrest.

363. The duties of police in respect of excise offences.- The duties of the
police in respect of excise offences are referred to in the U.P. Excise Act (IV of
1910), and in the rules contained in the Excise Sections 49, 50, 53 and 54 of the
U.P. Excise Act as amended (see page 2 of Superintendent to Excise Manual).

364. The powers and duties of police regarding opium and morphia
offences.- In regard to opium and morphia offences, the powers and duties of the
police are referred to in Sections 23 and 24 of the Opium Act (XIII of 1857) and
Sections 14 to 22 of the Opium Act (I of 1878) to be found in the Excise Opium
Manual and in Chapter II of that Manual.

365. Excise Inspector and Police Officers both responsible for excise
offence.- The appointment of Excise Inspectors has not relieved the police of the
duties of detection and prosecution of excise offence. Excise inspectors and
police officers are both responsible for the execution of these duties. The former
are required not only to make their own inquiries and detect cases themselves,
but also to assist and co-operate with the police in cases detected by the police.
The police are required to assist excise inspectors in important and difficult cases
and in making searches when assistance is asked for.

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366. The offence of illicit distillation of spirit cannot be carried on for


any length of time.- As a rule, the offence of illicit distillation of spirit cannot
be carried on for any length of time without coming to the notice of village
headmen, land-holders and chaukidars. In all cases of illicit manufacture of spirit
in which the chaukidar within whose beat the illicit spirit or implements have
been found, is not himself the informer an inquiry should be made into the
conduct of the chaukidar by the Superintendent of Police, and, if there is any
reason to believe him guilty of connivance, his dismissal should be recommended
to the District Magistrate. If he is found guilty of negligence, he should be
severely punished.

367. The Village headman should promptly report to D.M. about the
illicit manufacture of any excisable article.- A village headman who fails to
give notice of the illicit manufacture of any excisable article or of the illicit
cultivation of plants producing intoxicating drugs, immediately such illicit
manufacture or cultivation has come to his notice, should be promptly reported
to the District Magistrate for prosecution under Section 68 of the Excises Act.

368. Appointment of special police officers.- The appointment of


special police officers is regulated by Section 17 to 19 of the Police Act (V of
1861). Such appointments should, as far as possible, be made by voluntary and
not compulsory enrolment to meet cases of grave and sudden emergency, and
should be cancelled as soon as the emergency ceases to exist. It is justifiable to
apply for the appointment of special police officers when an unlawful assembly,
serious riot or breach of the peace has taken place or may reasonably be
apprehended, and the senior police officer present (not being below the rank of
inspector) considers that the police force ordinarily employed for preserving
peace and order is not sufficient for its preservation or for the protection of the
life and property of the inhabitants of the locality.
Special care should be taken in selecting the persons to be appointed.
Influential persons of superior social standing who would be likely to be of real
assistance in preserving or restoring order should be chosen in preference to men

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of unruly temperament or reputed bad character, and care should be taken to


guard against all appearance of making selections with a view to humiliate the
persons appointed. In times of excitement, it might occasionally be advisable,
however, to enroll the ring-leaders of contentious factions in order to bring them
under the restraint which their appointment as special police officers would
involve. Every effort should be made to prevent avoidable inconvenience or
hardship to special police officers. The law requires that they should do their
duty in preserving peace and order and in protecting the persons and property of
law-abiding inhabitants of the locality, but they should not be required to do more
than is necessary to enable them to perform these duties efficiently. Persons so
appointed should be employed in the manner best suited to enable them to
exercise their personal influence, and in no circumstances should menial or
unreasonable duties be assigned to them. They should, as a rule, be employed on
staff and supervising duties and given relative higher rank than others of lower
status similarly enrolled.
The requirements in respect of discipline should usually be light, any
conditions of the officer which might be regarded by local residents as offensive
and unnecessarily irksome should not be insisted on. Special police officers
should not ordinarily be required to take part in parades or to salute petty officers,
and their attendance at police stations, when necessary, should be so regulated as
to avoid causing hardship. As regards uniform, all that is required is that special
police officers should wear some distinctive badge, e.g.. a coloured armlet, and
should be provided with a baton or spear as a token of authority and for protection
in case of need.

369. Appointment of traffic police.- In certain districts traffic police have


been appointed.
In some areas, police mobile squads have been formed to deal with
offences under the Motor Vehicle Act. Each of these mobile squads is in charge
of an Inspector under the direct control of the Range Deputy Inspector-General
of Police.
Certain police officers are appointed as ex officio members of Transport
Authorities under the Motor Vehicles Act, 1939.

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For details of police duties under Motor Vehicles Act, see separate
pamphlet.

CHAPTER XXVIII
MISCELLANEOUS

370. No private sweepers may be employed by the police Department


for police lines.- No private sweepers may be employed by the Police
Department for police lines or stations the scavenging of which has been
undertaken by a municipality under Section 196(a) of the U.P. Municipalities Act
of 1916. Where conservancy arrangements are under the control of the
Superintendent of Police private sweepers may be employed or conservancy
allowance given in accordance with paragraph 136 of the Office Manual.

371. Restriction imposed on government servants in their private


affairs.- For the restriction, imposed on government servants in their private
affairs, see the Government Servant’s Conduct Rules and Manual of Government
Orders.

372. Police officers may have no private money transactions with


police accountants.- Police officers may have no private money transactions
with police accountants, nor any members of the subordinate police or clerical
staff be employed to maintain the private accounts of gazetted officers. There is,
however, no objection to readers of gazetted officers being given small advances
to meet casual expenses, e.g. for wood-cutting, tent-pitching and clearing
camping grounds, or to small sums being left with head clerks and accountants
to meet, e.g. the cost of expected value payable parcels. For the conditions under
which officers may bank with Government treasurer, see the Manual of
Government Orders.
It is incumbent on every police officer enrolled under Section 7 of the
Police Act to give immediate information to the Superintendent of Police under
whom he is serving of the fact that his father, mother, father’s or mother’s sister
or brother’s wife, sister, sister’s husband, son, son’s wife, daughter or daughter’s
husband has taken up trade or employment other than Government service within

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the limits of his jurisdiction. On receiving such information, it will be for the
Superintendent to consider whether the circumstances justify the transfer of the
officer concerned. The general principle should be that police officers should not
ordinarily be employed in jurisdiction in which relatives of the degree noted
above carry on private trade. The extent to which the Superintendent enforces
this principle in particular case will depend on the position in the circle which the
officer occupies and on general circumstances, these orders do not in any way
modify the application of Rule 15 of the Government Servant’s Conduct Rules.

373. Police officers are strictly prohibited from aiding in the supply of
labour.- Police officers of all grades are strictly prohibited from aiding in the
supply of labour, carriage provisions for any purpose whatsoever, and from
interfering under any pretext whatsoever, with the persons or property of any
class of the population, otherwise than as required by law.

373A. Members of the police force are strictly forbidden to consume


intoxicants during the course of their duty.- Members of the Police Force are
strictly forbidden to consume intoxicants during the course of their duty or when
they may reasonably be expected to be called upon to perform an official duty.
They are strictly warned that any violation or slightest disregard of this will be a
cause for disciplinary action including removal of the officer concerned from
service.

374. Procedure followed to the defalcation or loss of public money.-


For the procedure to be followed in respect to the defalcation or loss of public
money or other property in police charge, see the Manual of Government Orders
as modified by paragraph 82 of the Account Rules in Part I of the Financial
Handbook, Volume V.

375. When police officers are going outside the district as detectives,
S.P. shall provide them with written credentials.- A Superintendent of Police
when sending police officers as detectives outside his district shall invariably
provide them with written credentials to be shown on requisition by proper
authority.

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Parwanas may not be given to informers or amateur detectives who are not
enrolled in the Police force.

376. Powers of police to make inquiries regarding the character


verification.- The police should make inquiries regarding the character and
antecedents of candidates for subordinate posts in the Railway, Postal or other
Government departments when asked to do so by the authorities concerned and
should complete the verification rolls sent to them for that purpose.

377. Chests of post office may be fixed at police stations.- Post office
treasure chests (of iron) may be fixed at police stations and remain in the charge
of sentry.
The Cash box containing cash and valuable is placed in the safe which is
secured with double locks. The locks are enclosed in leather pouches or wrapped
with cloth and they are then would round with twine and sealed with Post Office
date seal over the knots.
The deposit and withdrawal of the Cash box in the safe should be entered
in the General Diary of the Police Station concerned wherein the Postal Official
should give acquittance for the good outward condition of the safe and the seals
on the locks.

378. Maintenance of motor lorries and light vans at district police


headquarters.- (i) Motor lorries and light vans maintained at district police
headquarters are intended chiefly for the purpose of transporting parties of police
officers and men in connection with the suppression or prevention of riots, raids
on dacoits and other criminals, escorting important convicts or undertrial
prisoners, bringing in dacoits for identification or for use in any circumstances
where rapid transport is of importance. They should not be used for ordinary
transport when the railway or other cheaper means of conveyance is available.
(ii) Police motor vehicles may be used for transporting members of
Police teams for participating in Sports Meets, Tournaments, etc. in such cases
only where their use is economical as compared, to travel by rail or otherwise.

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379. At least one horse should be provided to all gazetted officers.- All
gazetted officers shall provide themselves with at least one horse not less than
14.2 hands high and all circle inspectors and sub-inspector who receive a horse
allowance shall provide themselves with suitable horses not less than 14 hands
high. The Inspector-General may exempt any Provincial police officer from the
necessity of keeping a horse if he is satisfied that the maintenance of a horse is
not essential for the proper performance of the officer’s duties. The officer so
exempted may maintain a motor vehicle instead of a horse. He will not ordinarily
be required to refund any grant, whether initial or renewal, which he may have
drawn for the purchase and upkeep of a horse and saddlery provided that the grant
was actually utilized on the purchase or maintenance of horse and saddlery and
provided also that the period during which he so maintains a motor vehicle shall
be excluded from the period of seven years prescribed for the horse and saddlery
allowance.

380. The hospital establishment is under control of the medical


department.- The hospital establishment is under control of the Medical
Department and the Superintendent of Police has no powers in connection with
the appointment, leave, promotion, punishment and dismissal of the hospital
staff. He may, however, make representation in these matters to the Civil
Surgeon or through the Inspector-General of Police to the Inspector-General of
Civil Hospitals.
The pay of the establishment, except that of the medical officer-in-charge,
is drawn and disbursed through the police accountant.
The allotment under head, European medicines (and other hospital
requisites) in the police budget is at the disposal of the Inspector-General of Civil
Hospitals who distributes it among Civil Surgeons. The cost of quinine
purchased for distribution to the police posted to the reserve lines, police stations
and outposts, is debitable to this head. Bill debitable to this head should be sent
to the Civil Surgeons for payment.
The Superintendent of Police must purchase out of the separate contract
head and bazar medicines required by the Civil Surgeon.

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While under treatment, no police officer may leave hospital on any pretext
except by express permission of the Civil Surgeon or officer in medical charges
of the police. Absence from hospital without leave should be dealt with as a
breach of discipline. Form Nos. 73, 74, 77, 82 and 302 should be used for patients
under treatment.
Of the two hospital orderlies allotted to each hospital, one should be a
Brahman and the other Muhammadan. These orderlies are responsible for seeing
that no diet other than that prescribed is allowed to reach their charges. The
hospital should be visited daily by the reserve inspector or by a gazetted officer
and any case neglect or disobedience on the part of the hospital orderlies should
be reported to the Civil Surgeon by the Superintendent of Police.
A hospital admittance register must be maintained in three sections, each
numbered serially for –
(1) all armed police, with a sub-section for mounted police;
(2) all civil police of the district treated at the headquarters police
hospital;
(3) Government railway police, men of other districts, orderly peons
and any others not included in (1) and (2).
These places of posting must invariably be given.

381. In writing intention is incumbent on all applicants for medical


leave.- It is incumbent on all applicants for medical leave or extension of leaves
on medical certificates to apprise the Superintendent of Police in writing of their
intention to apply for a medical certificate. Any failure to do so may result in a
decision that the medical certificate has been obtained by misrepresentation and
may thereby entail serious consequences.

382. Under officers and constables who fall ill when on duty, must
apply admission to the district police hospital.- Under officers and constables
who fall ill when on duty or who are ill when due to return to duty, must apply
for admission to the district police hospital or for treatment at the nearest
dispensary, if the police hospital is out of easy reach. The fact of their admission
or treatment must be reported to the local Superintendent of Police who unless

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they are his own subordinates will take immediate steps to communicate the fact
to the Superintendent of Police whose subordinates they are. Officers of higher
rank are not compelled to apply for admission to police hospitals, but are not
relieved of the responsibility while on leave of intimating their intention of
obtaining medical certificate to the Superintendent of Police as prescribed above.

383. Any under officer or constable, who on discharge from a police


hospital other than that of his district of posting is recommended leave by
the civil surgeon.- Any under-officer or constable, who on discharge from a
police hospital other than that of his district of posting is recommended leave by
the Civil Surgeon, must return to his district of posting immediately pending
orders on his leave application, unless he is executed from doing so, by the
Superintendent of Police of the district in which his permission not to return
should only be given in very special circumstances.

384. Every officer-in-charge of a police station is responsible for


reporting cases of sickness among men under his command.- Every officer-
in-charge of a police station, every guard commander and every constable in-
charge of an outpost, barrack, escort or other detachment is responsible for
reporting cases of sickness among men under his command and for securing their
admission to hospital. Action under Chapter XXXI of these Regulations should
be taken against any officer found negligent in this respect. For the purpose of
proving such negligence, it will be necessary to show that the officer concerned
knew, or by the exercise of reasonable vigilance, could have ascertained, that a
man subordinate to him was ill.

385. Every head constable or constable suffering from venereal


disease must report the fact to his immediate superior.- Every head constable
or constable suffering from venereal disease must report the fact to his immediate
superior, who will take steps for his prompt admission to the police hospital.
Concealment of venereal disease on the part of head constables, or constables is
an offence punishable under Section 7 of the Police Act. An officer convicted
under this section of the offence of concealing the fact that he has contracted

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venereal disease, shall apart from any other punishment which it may be
considered necessary to inflict on him, be placed under suspension and detained
in hospital until he is discharged as cured or invalid. During such suspension, he
will be given a subsistence grant as laid down in the Fundamental Rules 53,
Financial Hand-book, Volume II. Part II.

386. A medical history-sheet will be maintained in duplicate for


every officer.- A medical history-sheet in the prescribed form will be maintained
in duplicate for every officer of and below the rank of Sub-Inspector, one copy
being attached to the character roll and the other being retained by the officer
himself. When an officer applies for admission to the police hospital, he must
take his copy of medical history-sheet with him. When he is discharged from
hospital, an entry of the illness from which he has suffered while in hospital, will
be made in the history-sheet which will be returned to the Superintendent of
Police from the hospital direct. A copy of this entry will then be made in the
medical history-sheet attached to the character roll, after which the officer’s copy
will be returned to him. No leave of extension or leave on medical certificate
should ordinarily be granted to any officer or below the rank of sub-inspector,
unless he produces his copy of his medical history-sheet on which the medical
officer recommending leave has entered his remarks and signature.

387. All police officers of and below the rank of Head Constable are
liable to compulsory medical inspection.- All Police officers of and below the
rank of Head Constable are liable to compulsory medical inspection and
Superintendent of Police will ensure that all such officers under his command are
medically inspected not less than once in every calendar year. In districts where
whole time Medical Officers are incharge of Police Hospitals, the annual medical
examination of these Police Officers will be carried out by such Medical Officer,
whereas in other districts the work will be carried out by the Civil Surgeon of the
District concerned. In the interior areas of hill districts, this work may, if the
Civil Surgeon concerned so authorizes, be conducted by the Medical Officers
incharge of the outlying dispensaries. Every officer must bring his medical
history-sheet with him for inspection.

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388. Police officer and men of other provinces who need hospital
treatment may be treated at police hospital of these provinces.- Police officer
and men of other provinces who, through illness or for any other reason, need
hospital treatment when they are in these provinces on duty or on leave may be
treated at police hospitals of these provinces. They may be admitted as indoor
patients provided that accommodation is available for them.
[For each indoor patient so admitted to a police hospital of these provinces
a charge at the flat rate of annas 7 per diem to cover the cost of medical
attendances, medicine service and other contingencies, plus the actual cost of
diet, if any, supplied, shall be recovered from the Government of the province in
which the man is serving, through the exchange accounts maintained by the
Accountant-General, except in the case of Assam].
The following procedure shall be followed in recovering and adjusting
such charges, except in the case of Assam. As soon as possible after discharge
of the patient from hospital, the Superintendent of Police of the district in which
he has been admitted in hospital, shall intimate to the Superintendent of Police of
the district in which he is serving, the name of the patient, his number, rank, dates
of admission and discharge, actual cost of diet, if any, supplied, and the total cost
incurred, calculated as in the second sub-paragraph above. A copy of this report
should at the same time be forwarded to the Accountant-General, Uttar Pradesh,
with the request that he should debit the amount to the province concerned
through exchange accounts. Direct remittances on account of such charges
should not be accepted from Superintendent of Police of other provinces nor
should any recovery be made on account of police officers and men of other
provinces who receive treatment in police hospitals of these provinces as out-
door patients.
In the case of a police officer or man serving Assam, the total cost incurred,
calculated as in the second sub-paragraph above, should be recovered from the
patient direct. If for any reason, he is unable to make immediate payment the
Superintendent of Police of the district in which the man has been admitted to
hospital will recover the cost of treatment through the Superintendent of Police
of the district in which the man is serving, furnishing all the details given in the

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second and third sub-paragraphs above. The cost when recovered, should be
credited to the head ‘XIX – Police – Miscellaneous’.

389. The S.P. may re-allocate the non-gazetted provincial police force
of the district temporarily to meet sudden emergencies.- The Superintendent
of Police may re-allocate the non-gazetted provincial police force of the district
temporarily to meet sudden emergencies. Every proposal for permanent re-
allocation must be reported through the District Magistrate for the orders of the
Inspector-General, who maya re-allocate the force in a district or among districts
without applying for, the sanction of Government, provided that he does not
depart from the provincial scale of establishment.
The Officer commanding the station must be consulted before any
proposal relating to the strength of the cantonment police is submitted by the
Superintendent of Police.

390. Re-allocation of rural police.- Rural police may be re-allocated


within the district with the sanction of the District Magistrate.

391. Power of DIG (range) to increase police force of one of his


districts temporarily.- The Deputy Inspector-General of a range is empowered
to increase the police force of one of his districts temporarily for such purposes
as fairs and operations against dacoits, by moving police not above the rank of
inspector from other districts. Superintendents of Police should address
applications for extra police (Armed or Civil) to the Deputy Inspector-General of
the range. Long notice should be given in the case of periodical requirements
for annual fairs or assemblages in which large forces of police are habitually
employed.

392. The number and scale of sanctioned fixed guards are shown in
the police allocation.- In every district, the number and scale of sanctioned fixed
guards are shown in the police allocation and must not be varied.

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393. Reader of the S.P.- A sub-inspector has been allowed to every district
as a reader for the Superintendent of Police; the post of reader to the
Superintendent should always be held by a sub-inspector.

394. Police Training School, Sitapur set for training of under-officers.-


A Police Training School has been formed at Sitapur for the purpose of training
constables for promotion to the rank of under-officer.

395. The information of a body of military police has been sanctioned


by the provincial Government.- The information of a body of Military Police
has been sanctioned by the Provincial Government. The headquarters depot and
training centre are at Sitapur. Companies are posted to convenient centre. It has
the following ancillary services :
(a) Wireless section
(b) Tear Smoke section
(c) Motor Transport section with workshops, where drivers are trained
and vehicles are repaired.

PART III
INTERNAL ADMINISTRATION
CHAPER XXIX
APPOINTMENT

396. Bodies of the police force.- The Police Force consists of the
following bodies :
1. Provincial Police, Civil Appointed and enrolled under Act V of
Armed and Mounted 1861
2. Government Railway Police
3. Village chaukidars Appointed in Agra under Act XVI
of 1873 and in Oudh under Act
XVII of 1876. Not enrolled under
Act V of 1861.

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397. Gazetted officers of the police force.- The gazetted officers of the
Force are –
1. Inspector-General
2. Deputy Inspector-General
3. Superintendents
4. Assistant Superintendents
5. Deputy Superintendents

398. The non-gazetted officers of the police force.- The non-gazetted


officers of the Force are –
1. Inspectors
2. Sub-Inspectors
3. Head Constables
4. Constables

399. Appointment of S.P. and officers of higher rank.-


Superintendents and officers of higher rank are appointed by the Governor in
Council.

400. Appointment for probation of Assistant Superintendents.-


Assistant Superintendents are ordinarily appointed on probation by Government
of India on the result of competitive examination held in India. They are
confirmed by the Governor in Council (see Chapter XXXV)

401. Appointment of Deputy Superintendents.- The rules regulating


the appointment (whether by direct recruitment or by promotion from the rank of
Inspector) of Deputy Superintendents of Police, are contained in Government
notification No. O-337/II-444-40, dated 4th May, 1942.

402. Rules for salary of directly recruited Deputy Superintendents.-


Directly recruited Deputy Superintendents of Police on first appoint will receive
Rs.220 per mensem. Subject to the rules regarding departmental examination
and confirmation they will be entitled to increments in accordance with the time-
scale of pay at the time being in force. The pay of Deputy Superintendents

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appointed by promotion will on their first appointment depend on their pay as


inspectors at the time of promotion and will be fixed according to the
Fundamental Rules.

403. Appointment to the rank of Reserve Inspector.- Appointment to


the rank of reserve inspector are ordinarily made by Deputy Inspector-General
by the promotion of selected sub-inspectors (see Chapter XXX).
Appointment to the rank of prosecuting and circle inspectors are made by
Deputy Inspector-General by the promotion of sub-Inspectors selected by
committee convened by the Inspector-General (see Chapter XXX).
All inspectors will remain on probation for two years from the date they
are appointed substantively.

404. Rules regarding British army reservists.- British army reservists


on being discharged from the police force, during or at the end of their period of
two years’ probation, should apply to the nearest military authority if they desire
to be repatriated.

405. [Omitted]

406. Civil, armed and mounted police.- (a) Civil Police.- Sub-
Inspectors, Civil Police, are appointed by Deputy Inspectors-General from the
list of candidates who qualify at the prescribed cadets course at the Police
Training College.
Officiating appointment of under-officers are made by Superintendents
under paragraph 191, Police Office Manual.
(b) Armed Police. – Permanent promotions to the rank of sub-inspector
in the armed police are made by Deputy Inspectors-General from the list of those
who have qualified at the course prescribed under paragraph 448.
Superintendents may promote in officiating or temporary vacancies.
(c) Mounted Police.- Permanent and officiating promotions to the rank
of sub-inspector in the Mounted Police is made by the Deputy Inspector-General
according to the seniority on the provincial list.

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407. Appointment of head constables in civil and armed police.- In


the Civil and Armed Police, head constables are appointed by the Superintendent
of Police by promotion of constables of the district force.
408. Appointment of mounted police constables.- Mounted Police
constables are appointed on probation by the Superintendent of Police either by
the enlistment of outside candidates or by the transfer of men (at their own
request) from the foot police. Outside candidates will be enlisted between 1st
September and 30th September, transfers from the foot to the mounted branch will
be made during the same month. All Mounted Police recruits, including men
transferred from the foot police, will attend the prescribed course of instruction.
They are confirmed after two years by the Superintendent of Police subject to the
provisions of paragraph 84.
Candidates for the Mounted Police must be of the age, height and chest
measurement required of recruits for the foot police.
Outside candidates must be passed medically fit by the Civil Surgeon
before they are enlisted, the blank medical certificate in Form NO. 29 which they
are sent to the Civil Surgeon being superscribed ‘for Mounted Police only’.

409. Enlistments of constables for the Armed and Civil Police.-


Enlistments of constables for the Armed and Civil Police will be made by
Superintendents. No man who is less than 18 or more than 23 years old may be
enlisted (or re-enlisted). In the case of candidates belonging to Scheduled Castes,
the upper age-limit shall be greater by five years. Chaukidars of approved
character and qualifications may be drafted into the Pradeshik Police up to the
age of 30 years.
Military pensioners may be enlisted as Constables in the Armed Police
provided they are not more than 35 years of age. After appointment, they may
draw their pay as members of the Police Force in addition to their Military
pension subject to usual rules in this respect. The enlistment should be notified
to the Controller of Military Accounts.

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Ex-soldiers who are neither reservists nor pensioners may be enlisted as


ordinary recruits both in Civil and Armed Police provided they are not more than
35 years of age.
The Director-General of Police will exercise powers of granting relaxation
from the minimum / maximum age-limit only where in the interest of fair dealing
or in the public interest, it is considered necessary under Notification No.
1129(5)/II-175-39, dated 4th July, 1941.
In districts where recruiting is bad, Superintendent may apply to the
Recruiting Staff Officer for pensioners or ex-soldiers other than reservists, Indian
Armjed reservists and members of the Indian Territorial Force may not be
enlisted in any branch of the Police Force, and no member of the Police Force
(including clerical staff) is permitted to join the Indian Territorial Force or the
Auxiliary Force, India.

410. Rules for ex-soldiers, who are enlisted as constable in U.P.


Police.- On their enlistment as constable in the Uttar Pradesh Police the ex-
soldiers of the following classes are entitled to count their previous military
service for increments in the time-scale of pay of constables :
(1) Ex-soldiers of the combatant units of the Indian Armed Forces, and
(2) Ex-soldiers of the combatant units of the late I.S.F. and non-I.S.F.
Provided that the military service of a military pensioner or gratuitant will
not count for incremental pay if he continues to draw his pension, or unless he
refunds any bonus or service gratuity that he may have received in lieu of pension
or since discharge from military service in monthly instalments not exceeding
thirty-six.
The question of re-fixation of pay of such ex-military personnel will be
considered only after the entire amount of the bonus/service gratuity has been
refunded in full by them. The revised pay will, however, be allowed to them with
retrospective effect, i.e., form the date of enlistment in the Police Force.
Appendix XXVIII of Army Regulations, India, Volume II, should be
consulted as regards the branches of military service which fall in the category of
non-combatant services. The cases of men with previous service in units not
mentioned in that appendix should be referred to the Inspector-General of Police

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for orders at the time of enlistment unless governed by rulings already generally
notified.
Indian Army Reservists whose military service was pensionable under
military rules and who before they have earned a pension under such rules in
respect of their military service are appointed after discharge from the reserve to
the Police Force of Uttar Pradesh may, at the discretion of the Inspector-General,
whether their military service included service, with the colours in addition to
serve in the Reserve or was service in the Reserve alone, be permitted to count
for increment of pay in the Police Force the whole of their service with the
colours, if any, and half of their service with the Reserve, subject to the condition
that they first refund any gratuity which they may have reserved in respect of
their military service.

411. Physical requirement for a recruit.- No recruit shall be enlisted


whose chest measurements is less than 34 inches expanded with a minimum
expansion of 2 inches and whose height is less than 5 feet 9 inches. To this rule
there are the following exceptions :
(a) A recruit between 18 and 20 years of age who shown signs of
growing, may be enlisted if his height is not less than 5 feet 5 inches
and if his expanded chest is not less than 32 inches with a minimum
expansion of 2 inches, provided that the Civil Surgeon certified that
he is under 20 years of age, and that he is likely to attain standard
measurements.
(b) In the case of hillmen, the height may be not less than 5 feet 4 inches.
(c) In the case of Tribal candidates, the chest measurement must not be
less than 34” expanded with a minimum expansion of 2” and the
height must not be less than 5’3”.
Note.- (i) As far as possible tall and well-built men should be enlisted
in the Police as constable as physical appearance and personality are important
factors for efficient discharge of their duties.
(ii) Persons with bow legs, irrespective of the degree of bow present, shall
not be recruited. Slight curvature of legs, is , however, to be treated as normal
and should not lead to unnecessary rejections.

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412. Medical examination of a recruit.- Before a candidate for


recruitment is sent to the Civil Surgeon for medical examination his height and
chest measurements must be accurately taken before the reserve inspector. The
candidate must be measured round his bare chest with his arms raised.
No candidate shall be enlisted without a health certificate in Form No. 29
signed by the Civil Surgeon on the district. Every candidate must also, before he
is enlisted, sign an agreement in the following form :
I…………….son of…………..of village……………………………thana
…………district ……… agree to undertake that on being enlisted as a candidate
in the Uttar Pradesh Police Force, I will serve for two years in the said Uttar
Pradesh Police, from the date of joining the force, unless I am discharged or
dismissed or certified by a Civil Surgeon to be unfit for such service. If I resign
before the expiry of the said two years I undertake and agree to forfeit a sum to
be calculated according to the following rates:
(a) Up to 3 months’ service Re. 1 for each completed month of service;
(b) Over three months but not exceeding six months’ service Rs.12 for each
completed month of service subject to a maximum of Rs.10;
(c) Over six months’ but not exceeding one year’s service Rs.3 for each
completed month of service subject to maximum of Rs.25;
(d) After one year’s but within two years’ service Rs.4 for each completed
month of service subject to maximum of Rs.50.

413. Register of candidates for recruitment.- A register of candidates


for recruitment shall be kept in every district (Form No. 355). Whenever a
candidate is sent for examination to the Civil Surgeon the register will be sent
with him, all the columns having been filled up except columns, 8, 13, 14, 15, 16
and 17. The Civil Surgeon will fill up columns 8 and 13. If the candidate is
declared to be unfit the entry should be struck out with red ink.

414. All enrolled candidates furnish a certificate of having seen


successfully vaccinated.- All candidates shall, as a necessary condition of their
being enrolled, either furnish a certificate of having been successfully vaccinated,

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except in the event of their having had small-pox; or submit to be vaccinated by


the Civil Surgeon; in the latter case, if the Civil Surgeon be not able to perform
the operation at once, the recruit will be sent to him for the purpose on the first
available opportunity, a memorandum being kept of all such recruits with a
column showing the subsequent date of vaccination.

Any member of the subordinate police service may be required to submit


to re-vaccination when the Civil Surgeon of his district considers necessary.
(The second clause will apply only to men enlisted or appointed after 18th
July, 1930).

415. All recruits must possess the minimum physical qualifications.-


All recruits must possess the minimum physical qualifications, be medically fit
and of good character. In selecting candidates for enlistment, Superintendents of
Police will accept those who are considered to be most suitable for Police Service.
For the Civil Police, the candidate must have passed VIII class examination
(Junior High School) or an equivalent examination recognized by Government
for recruitment to the posts and services under Government and for the Armed
Police the candidate must have passed VI Class examination or an equivalent
examination recognized by Government. For both Civil and Armed Police, the
candidates must also possess a working knowledge of Hindi.
Any person including one of Nepalese origin, who is a citizen of India,
shall be eligible for recruitment to the services and posts under the rule-making
control of Governor. Provided that in the case of a person of Nepalese origin the
orders of Inspector-General of Police must first be obtained before such a person
is considered for recruitment. When reporting cases to be Inspector-General of
Police full details duly verified as to caste, resident, etc. must be intimated along
with reasons for recommending the case.
Note.- The revised sub-paragraph shall be deemed to have come into effect
from March 21, 1959.
Full publicity as regards the time and place of selection and the
qualifications required should be given through tahsils Schools, Colleges,
Panchayats, etc. before recruitment is started by the Superintendent of Police.

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416. S.P. is authorized to re-enlist men.- The Superintendent of Police


is authorized to re-enlist men who have resigned their appointments in the police
force of any province, provided that their previous record was clear and the
reasons of their resignation good. In such cases, the Superintendent of Police,
may, under Fundamental Rule 27, sanction advance increments of pay to the
extent necessary to bring a re-enlisted constable to the stage he would have
reached on the time-scale of constables in the Uttar Pradesh Police if his service
prior to resignation had counted for increments under Fundamental Rule 22, the
previous service of men so re-enlisted with effect from 1st March, 1933, will not,
under Fundamental Rule 65(a) count for leave. Before a man is re-enlisted he
must be medically examined, as on first enlistment, and the sanction of the
Inspector-General must be obtained to the re-enlistment of a man who is more
than 23 years old.

417. Man dismissed for misconducts from any department may not
be enlisted in police.- Men who have quitted posts in other branches of
Government service should not be enlisted without a reference to the department
in which they were employed. A man dismissed for misconducts from any
department may not be enlisted (see Manual of Government Orders).

418. As Man’s name is entered in the register of candidate, his


character, antecedents and age must be verified.- As soon as a man’s name is
entered in the register of candidates and he is passed by the Civil Surgeon or
immediately after enlistment in the case of a man recruited without being first
registered as a candidate, his character, antecedents and age must be verified in
Form No. 92. This form must be written up for dispatch by the lines moharrir in
the presence of the reserve inspector or other officer not below the rank of sub-
inspector and must be signed by these officers and by the recruit before the recruit
is enlisted. The recruit should be warned that if the account he gives of himself
is found to be false, in any particular he will render himself liable to prosecution
under Section 182 of the Indian Penal Code, Superintendent should carefully
ascertain whether the man has even been in Government service before, and

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verify his statement on this point, as far as possible noting the result in this form
in English.

419. Process, when a candidate is passed by the civil surgeon.- As


soon as a candidate is passed by the Civil Surgeon a form of exhortation will be
read out to him in the presence of the senior gazetted officer at headquarters, in
the absence of all gazetted officers from headquarters, in the presence of the
officer-in-charge of the office of the Superintendent of Police. Subsequently an
oath will be taken by the candidate as specified in Police Form No. 90, and he
will be given a copy of Police Form No. 91 in which the duties and aims of a
police constable, are set forth. The ceremony of administering the oath should
be made as impressive as possible in order to enhance its value.

420. Procedure for verification of military service personnel.- In


order to avoid difficulty at the time of an officer’s retirement, all military service
which may count towards pensions should be verified at the time of enlistment;
the procedure laid down in Chapter XXVIII, Office Manual, being carefully
followed.

421. Instructions regarding the uniform.- Detailed instructions


regarding the uniform to be worn by officers and men of all ranks, including
physical training instructors, traffic police, orderlies and orderly peons, hospital
orderlies, motor drivers, police line teachers, village police, etc. are contained in
Appendix III to these regulations, printed separately.
Each recruit on enlistment is entitled to receive free of cost the extra
articles of kit mentioned in paragraph 232. Dress Regulations, on the conditions
mentioned in that paragraph. Men who after quitting the service are re-enlisted
are not entitled to issue of this kit. A recruit may also be granted an advance pay
not exceeding Rs.5 to be recovered in instalments of Rs. 1 per mensem.

421-A. (i) Civil Police-


(a) Every officer passing out of the Police Training College will
receive outfit allowance of Rs.150 on being posted to a district.

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(b) Every officer promoted as Sub-Inspector temporarily or in an


officiating capacity may draw Rs.100 outfit allowance after
holding the rank of Sub-Inspector for a total period of seven
months.
(ii) Armed and Mounted Police-
All officers promoted to be Sub-Inspectors will receive Rs.100 outfit
allowance when they have the rank temporarily or in officiating capacity for a
total period of seven months, provided that no officer shall during his service
draw more than Rs.150 allowance as a Sub-Inspector, Civil Police or Rs. 100 as
a Sub-Inspector, Armed, Mounted or Military Police.

(iii) The allowance due to each case will be drawn by the


Superintendents of Police direct from the treasury from the budget head “29 –
Police – B.D.E.F., - (a) District Police – Contingencies – Purchase of uniforms
and accoutrement” and paid to the officers concerned. The Superintendent of
Police will note the date of payment and the amount paid in the service book (of
the officer concerned) on the page on which details of pay and allowances given
to officers are noted.

(iii) Wireless Maintenance and Station Officers -


(a) Every Wireless Maintenance and Station Officer who is of the rank
of Sub-Inspector in the Police Wireless Telegraphy Section will
receive an outfit allowance of Rs.150 when posted to Superintendent
of Police district on completing the prescribed course of training.
(b) The allowance due in each case will be drawn by the officer-in-
charge of the Wireless Telegraphy Section at present designated as
Provincial Wireless Officer direct from the treasury from the budget
head ‘29 – Police – District Executive Force (D) Wireless Telegraph
Station – Contingencies’ and paid to the officers concerned. The
said officer will note the date of payment and the account paid in the
service book of the officer concerned.

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422. S.P. must not appoint to any post under his control any person
already in Government service.- A Superintendent of Police must not appoint
to any post under his control any person already in Government service, without
the consent of the officer to whom that person is subordinate. Such consent is
necessary even if a person resigns his previous post. For rules regarding the
employment of civil and military pensioners and gratuitants, see Civil Service
Regulations, Chapter XXI, especially Article 501, 510-A and 526.

423. Certificate of appointment.- A certificate of appointment in Form


No. 25, showing the date of enrolment, shall be given mounted on cloth to every
person enrolled in the police force Act V of 1861. This certificate must be given
up on quitting the service. These orders also apply to men temporarily employed.

424. Rules on the declaration of ownership and acquisition of landed


property.- For rules on the declaration of ownership and acquisition of landed
property, to be made by an officer in superior service when first appointed and
subsequently, see Manual of Government Orders.

425. Rules for the appointment of clerical staff.- For rules on the
appointment of the clerical staff see Chapter XXVIII of the Office Manual.

426. Rules on cases in which officiating appointments may be made


in temporary vacancies.- For rules on cases in which officiating appointments
may be made in temporary vacancies, see Chapter XIX of the Office Manual,
427. No man may be appointed to act temporarily as a constable.-
The men whose names are on the register of candidates for recruitment (see
Paragraph 413) and who have not yet been enlisted, have a prior claim to appoint
in temporary vacancies. If none of these men are available, others may be
appointed. The Superintendent should insist, as far as possible, on men
temporarily appointed as constables possessing the qualifications required for
recruits. No man may be appointed to act temporarily as a constable in a
permanent vacancy.

CHAPTER XXX

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PROMOTIONS
428. Promotion on Gazetted ranks of the force.- Promotion in the
gazetted ranks of the Force is made by the Governor-in-Council. The Inspector-
General is an Officer specially selected by the Government. Promotion to the
rank of Deputy Inspector-General is made by selection from officers of the rank
of Superintendent, subject to the provisions regarding an efficiency bar which
will be found below the promotion of Assistant Superintendents to the rank of
Superintendent is by seniority : provided that no officer will be promoted to that
rank unless his service is approved and until he has passed the departmental
examination for junior officers and obtained the certificates mentioned in
paragraph 528(viii). Assistant Superintendent and Superintendents receive
periodical increments of pay from the first to the twenty-sixth year of service
according to time scales, Assistant Superintendents being on an inferior and
Superintendent in a superior scale. Officers on the inferior scale when acting in
the superior scale draw the same pay as officers on the superior scale with the
same length of service provided that an officer for whose length of service no
superior scale rate of pay is prescribed will draw pay at the lowest rate prescribed
on the superior scale.
Efficiency bars are in operation after the nineth year of service in the
inferior, and after the seventeenth year of service in the superior scale. An officer
who is not considered fit for a superior scale appointment will not be allowed to
pass the first bar and an officer who is not considered fit to hold charge of a first
class district, will not be allowed to pass the second. Promotion to a limited
number of posts of Superintendents on higher pay is by selection.
The seniority of Indian Police Officers substantively appointed to a
superior post is governed by the Indian Police )Regulation of Seniority) Rules,
1930, issued with the Government of India, Home Department, Notification No.
F-41/26-Police, dated the 13th February, 1930.

429. Determination of seniority for officers of the Indian police.- For


officers of the Indian Police who were appointed after September 1984, and were
not promoted from the rank of inspector, seniority is determined by the following
rules :

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For officers appointed between 1st June, 1903 and 3rd April, 1918.
1, On attaining that rank of Superintendent substantively, they will be
placed in the gradation list according to the order of their appointment to the
service, and not according to the dates on which they succeeded in passing the
department examination : provided that officers appointed in the same year by
the Secretary of State shall relatively placed according to the order in which they
passed the competitive examination.
For officers appointed subsequently to 3rd April, 1918.
2. Assistant Superintendents of Police will retain their original
seniority irrespective of the dates on which they pass their departmental
examination but an officer who fails to pass these examinations within two years
of his appointment is liable to be discharged from the service. The Local
Government may, however, in special cases exempt an officer form passing any
portion of the departmental examination or may extend the period during which
that examination must be passed. In such cases, the Local Government may at
its discretion withhold any increments to which the officer concerned would have
been entitled had he passed his examinations, or may sanction such increments
irrespective of the fact that he has not passed.
Officers appointed under the reconstruction scheme in 1919-20 under the
terms of the press communique of 1st November, 1912, will be graded according
to age, irrespective of the dates in which they pass their departmental
examinations.
430. The seniority of Dy. S.Ps will be according to the date of
appointment.- The seniority of Deputy Superintendents on first appoint will be
according to the date of appointment. In the event of two or more Deputy
Superintendent being appointed on the same date the order of their seniority will
be determined by the Governor-in-Council.
There are three time-scales of pay viz., (i) pre-1913, (ii) post-1913 and (iii)
1939 revised with one efficiency bar in the first case, and two efficiency bars in
the last two cases. Deputy Superintendents of Police receive periodical
increments of pay according to the time-scale in which they have been appointed.
Promotion to a limited number of posts on higher pay is by selection and will be
made only for outstanding merit from among those Deputy Superintendents of

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Police who are in the pre-1913 scale. The promotion of Deputy Superintendents
of Police to the Indian Police is by selection.

431. Consideration of seniority.- Superintendents and Deputy


Superintendents of Police promoted permanently or temporarily to the selection
grades will be considered senior while in those grades to those whom they have
superseded.

432. The calculation of the pay the officers of the provincial police.-
The calculation of the pay officers of the Provincial Police Service promoted after
8th November, 1927, to the Indian Police or to officiate in posts borne on the cadre
of that Service is regulated by the following rules taken from the resolution by
Secretary of State for India in Council reproduced in Home Department (Police)
Notification No. F-113-III/24, dated the 20th March, 1928.

1928 Rules
1. In these rules-
(1) Provincial Service’ means a Provincial Police Service.
(2) ‘Promoted officer’ includes –
(a) an officer promoted form a Provincial Service to the Indian
Police Service, and
(b) an officer of a Provincial Service officiating in a post borne on
the cadre of Indian Police Service.
(3) ‘Actual pay’ means the pay to which an officer of the Provincial Service
is entitled under the time-scale or in the selection grade of the
Provincial Service as the case may be, by virtue of his substantive
position in the cadre of that service.
(4) ‘Assumed pay’ means the pay which an officer in the selection grade
of a Provincial Service would be drawing under the time scale of that
service, if he had not been promoted the selection grade.
(5) ‘Junior time-scale’ and ‘senior time-scale’ means the junior time-scale
and senior time-scale’ respectively of the Indian Police Service.

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2. (a) The initial basic pay of a promoted officer appointed to a post on the
junior time-scale shall, on each occasion of his promotion, be fixed on the junior
time-scale at the stage next above his actual pay, if he is not in the selection grade,
or his assumed pay, if he is in that grade, or if his actual or assumed pay, as the
case may be, is equal to, or higher than, the maximum of the junior time-scale
than at a maximum of that scale; the initial basic pay of a promotion officer
appointed to a post on the senior time-scale shall on each occasion of such
promotion, be fixed at the stage of the senior time-scale corresponding with the
stage on the junior time-scale at which, it would have been fixed under this rule,
if the officer had been appointed to a post on that time-scale; and in either case
he shall draw thereafter increments on the inferior or superior time-scale as the
case may be :
Provided that the basic pay of such an officer as so calculated shall at no
time exceed the pay which he would be receiving under the junior or senior time-
scale as the case may be, if all his service in the Provincial Service together with
one-half of his non-gazetted Government service, if any, had been service in the
Indian Police Service.
(b) If and so long as the basic pay of a promoted officer as calculated in
Clause (a) is less than his actual pay as the date of his promotion, he shall draw
personal pay equal to the amount of the deficiency.
(c) If and so long as the basic pay, together with any personal pay under
Clause (b) of a promoted officer holding a post in the senior-time-scale does not
exceed his actual pay as the date of his promotion by Rs. 175, a month, he shall,
subject to the limit laid down in the proviso to Clause (a) draw personal pay equal
to the amount of the deficiency.
(d) If and so long as the pay is calculated under the previous clauses of
this rule, of a promoted officer who has previously officiated in a post borne on
the cadre of the Indian Police is less than the pay which he drew when last
officiating, he shall draw personal pay equal to the amount of the deficiency.
3. If the actual or assumed pay of a promoted officer is enhanced while
he is officiating in a post borne on the cadre of the Indian Police his pay shall be
recalculated in accordance with these rules as though he had been promoted on
the date of appointment.

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4. Increments of pay on the time-scale of the Indian Police shall be


granted to a promoted officer only on completion of a full year’s service at any
stage of that scale but for the purpose of calculating one year’s service at a given
rate of pay broken periods of officiating service at that rate shall be taken into
account.
5. These rules shall apply to all officers promoted after the 8th day of
November, 1927; but officers personal prior to that date may elect to have their
pay revised in accordance with these rules with effect from the 8th day of
November, 1927.

Rules that previously in force


The following rules governing the case of officers promoted from the
Provincial to the Indian Police Service between 7th April, 1921 (30th April, 1921,
in the case of Rule (2) and 8th November, 1927, are reproduced for reference :
(1) The initial pay of an officer promoted from the Provincial Police
Service shall on each occasion of his promotion be fixed on the
inferior time-scale of pay for the Indian Police Service at the stage
next above his existing pay in the Provincial Police Service. As soon
as he holds a superior post, he shall rise to the corresponding stage
of the Superior scale.
(2) When an officer of a Provincial Police Service is drawing pay in that
service equal to or higher than the maximum of the inferior Imperial
Police time-scale and is promoted to a superior time-scale at the
stage which is Rs.175 in excess of the pay he was drawing in the
Provincial Service, or if there is no such stage then at the stage next
above the total of his pay in that service plus Rs.175, provided that
no officer so promoted from the Provincial Service shall draw more
pay than that which an officer of the Indian Police Service of the
same number of years’ service in the gazetted ranks would be
entitled to under the superior time-scale.
(3) On any enhancement of his Provincial Police Service pay (whether
as a result of general revision of the Provincial Police Service rates
of pay or of the operation of the Provincial Police Service time-scale

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or of promotion to the selection grade of the Provincial Police


Service) while officiating in the Indian Police Service post such an
officer shall be entitled to have his pay on the Indian Police time-
scale of pay re-calculated in accordance with the principles laid
down in Rules (1) and (2) of these rules, on the basis of his enhanced
pay in the Provincial Police Service, and with effect from the date
of such enhancement.
(4) Increments of pay on the Indian Police Service time-scale of pay
shall be granted to a Provincial Police Officer holding an Indian
Police Service post only on completion of a full year’s service on
any stage of that scale, but for the purpose of calculating one year’s
service as given rate of pay broken periods of officiating service at
that rate of pay shall be taken into account.

433. Maintenance of the confidential personal files of gazetted


officers.- Confidential personal files are maintained for all gazetted officers by
the Inspector-General of Police and are considered when any question arises
relating to the fitness of gazetted officers for promotion beyond an efficiency bar
or to posts to which promotion is by selection. Officers are not permitted to see
their personal files, but following the principles laid down in the Manual of
Government Orders the Inspector-General will periodically in the officer’s
personal file which relate to defects which are in the opinion of the Inspector-
General (a) capable of correction, and (b) likely to deprive the officer of future
promotion.

434. The advancement of Inspectors.- The advancement of inspectors


is regulated by the conditions of an incremental time-scale (vide paragraph 463-
A). The authority empowered to sanction under Fundamental Rule 25 the drawal
of increments beyond the efficiency bar is the Deputy Inspector-General.
Withholding of annual increments may be ordered by the Superintendent under
Fundamental Rule 24.

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435. Procedure for promotion to the rank of reserve Inspector.-


Promotion to the rank of Reserve Inspector is made in the following manner :
(a) A Superintendent of Police may recommend a Sub-Inspector of the
Armed Branch including a Probationary Sub-Inspector, who is
likely to be fit for the post of Reserve Inspector, for training to the
rank of Reserve Inspector. When suitable Sub-Inspectors of the
Armed Branch are not available Sub-Inspectors of the Civil Police
may be so recommended.
All the Sub-Inspectors so recommended will first be
examined and interviewed by their Deputy Inspector-General. The
Deputy Inspector-General will then nominate only those whom they
consider suitable for the Reserve Branch, for appearing before the
State Selection Committee. The Sub-Inspectors selected by the
State Selection Committee will then undergo such course of training
as the Inspector-General may prescribe.
(b) On the successful conclusion of this course of training, he will be
placed on a Provincial List of Reserve Sub-Inspectors approved for
promotion to the rank of Reserve Inspector. Seniority on this list
will be determined by the date of selection for inclusion in the
Provincial List. Relative seniority for those selected on the same
date will be fixed in order of merit as disclosed by the result of the
final examination. In the event of two or more candidates securing
equal marks the seniority inter se will be determined on the basis of
seniority as a Sub-Inspector.
(c) The Provincial List of Reserve Sub-Inspectors will also include
those Sub-Inspectors who were approved for appointment as
Reserve Inspector prior to 1st April 1948 or who were called
Sergeant before 1st April, 1948.
(d) Promotion to the rank of Reserve Inspector will be made by the
Deputy Inspector-General, Headquarters, by seniority from the list
provided that –
(i) an underserving officer may be passed over or a particularly
good officer promoted out of his turn, and

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(ii) temporary vacancies not exceeding four months in duration


may be filled up locally by the Deputy Inspector-General of
the Range, by promoting, irrespective of seniority, an officer
in the district or range concerned whose name is on the list or,
where there is no such officer available, be promoting a Sub-
Inspector whose name is not on the approved list.
(e) The Deputy Inspector-General of Police, Headquarters, may at any
time order the removal of any name from the list, if in his opinion,
the officer has proved himself unfit for retention thereon. Such
order of removal will be final notwithstanding anything contained
in paragraph 508.

436. Procedure for promotion to the rank of public prosecutor and


circle inspector.- Promotion to the rank of Public Prosecutor and Circle
Inspector is made on a provincial basis.
The Inspector-General will cause to be maintained four lists of Sub-
Inspectors who are approved for officiating promotion as –
I. Public Prosecutor
II. Circle Inspector
III. Inspector in the Criminal Investigation Department
IV. Inspector in the Central Investigating Agency, Government Railway
Police.
Nominations of Sub-Inspectors for inclusion in any or more of these lists
will be made in the first instance by Superintendents of Police in-charge of
district and Branches in the Criminal Investigation Department and Section
Officers of the Government Railway Police.
Superintendents of Police may nominate for inclusion in lists Nos. III and
IV, Sub-Inspectors posted to their districts who in their opinion possess the
aptitude required for the specialized work of the Criminal Investigation
Department or of the Central Investigating Agency.
A Sub-Inspector nominated for inclusion in list No. II may also be
nominated for inclusion in either or both of lists Nos. III and IV, if, in the opinion
of the officer who nominates him, he is suitable for promotion to the rank of

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Inspector in either the Criminal Investigation Department or the Central


Investigating Agency.

437. Filling up of temporary vacancies in the rank of inspector.-


Temporary vacancies in the rank of inspector will be filled (a0 by the Deputy
Inspector-General of the range, by promotion of an officer in the district or range
concerned whose name is on the list of candidates approved to officiate in the
class of inspector in which the vacancy has occurred; or (b) by the Deputy
Inspector-General, Railway Police, and the Assistant Inspector-General,
Criminal Investigation Department by the promotion of an officer whose name is
on the list of candidates approved to officiate as inspector in the Central
Investigating Agency or the Criminal Investigation Department.

438. Annual addition of number of names for permanent promotion


to the rank of public prosecutor.- The Inspector General will determine
annually the total number of names to be included in a provincial list of officers
approved for permanent promotion to the rank of public prosecutor and circle
inspector, and will convene to select the number of sub-inspectors required to fill
this list and determine their order of seniority for purposes of permanent
promotion.

439. In annual tour inspection, D.I.G. (Range) will require to inquire


about all sub-Inspectors.- (1) In the course of their annual tour of inspection all
Deputy Inspectors General of the ranges will take steps to ascertain the manner
in which all sub-inspectors approved for officiating or permanent promotion to
the rank of inspector have worked during the year and general repute in which
they have been held, making inquiries regarding them from District Magistrates
and Superintendents of Police, interviewing them personally and whenever
possible, inspecting the police stations at which they are posted. In April, at the
end of the touring season, each range Deputy Inspector General will record his
opinion of each officer stating clearly whether he recommends that his name
should remain on or be removed from the approved list. In the latter case he
should give reasons for his recommendation :

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Provided that in the districts where the Collector/Deputy Commissioner is


Collector / Deputy Commissioner-in-charge of the Division, his functions under
this para, will be exercised by the Additional District Magistrate (Executive).
(2) The Deputy Inspector-General, Criminal Investigation Department
and the Assistant Inspector General, Railway Police, will similarly, examine in
April each year and report on the sub-inspectors in their respective charges who
are on the approved list.
(3) The reports prepared under sub-paragraphs (1) and (2) will be placed
before the committee convened by the Inspector-General under paragraph 438
and if the committee agrees with a recommendation for the removal of any name
from the list, it shall order the removal of the name of the officer in question from
the approved list.
(4) When a Deputy or Assistant Inspector-General has recommended
the removal of a name from the approved list, the officer in question should not
be considered for promotion until the committee has been convened and has
decided upon the action to be taken on the recommendation. Temporary
vacancies, in which the officer whose removal has been recommended would
otherwise have been promoted, will be filled by the promotion of sub-inspectors
whose name stands next on the approved list, pending the decision of the
committee.

440. [Omitted]

441. Regulation of advancement of sub-inspectors.- The


advancement of sub-inspectors is regulated by the conditions of an incremental
time-scale (vide paragraph 463-A). The Superintendent is empowered to
withhold increments under Fundamental Rule 24 and to sanction drawal of
increments beyond the efficiency bar under Fundamental Rule 25.
Eligibility for advancement above the efficiency bar shall be determined
by the Superintendent who will be required to certify that the Sub-Inspector
concerned is –
(1) fit to hold charge of a police station, or
(2) a thoroughly competent prosecuting officer, or

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(3) fit for appointment to the investigating branch of the Criminal


Investigation Department; or
(4) fit to hold the post of senior Armed Police Sub-Inspector is a large
reserve, Superintendent of Police
(5) fit to command a platoon in the military police.

442. DIG must give a note for reasons of supersession.- When the
promotion of an officer requires the concurrence of the Deputy Inspectors
General, the character rolls of the officer and of any officers whom it is proposed
to supersede must be sent to the Deputy Inspector General with a note giving
reasons for supersession.

443. [Omitted]

444. List of all Sub-inspectors shall be submitted to D.I.G.- A list in


Form No. 116 of all sub-inspectors, Civil Armed and Mounted Police shall be
submitted to the Deputy Inspector General of the range on 1st September every
year with the following additional informations :
(a) Present pay (on 1st September);
(b) Date of next increment.
A duplicate copy of this list will be sent to Police Headquarters, Allahabad.

445. Criteria for constable and head constable to be promoted as


Sub-Inspector.- (A) Any such Constable or Head Constable, who is more than
40 years old and whose service is not less than three years, shall not be nominated
for the selection for promotion in the cadre of Sub-Inspector Civil Police. This
age limit shall be required on the first January of the year of selection.
For the constable, who has completed three years of service in the
department, educational qualification must be intermediate or equivalent or he
must have passed the Head Constable Civil Police Course. For the constable
having passed Head Constable Civil Police Course there shall be no restriction
on educational qualification. For the Head Constables also there shall be no
restriction on educational qualification.

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Note.- Order of educational qualification as intermediate instead of High


School shall be applicable only to those candidates who comes in the department
after issuance of the Government Order.
(B) In the Police Training College, Moradabad process of selection of
constables and Head Constables for the admission in Sub-Inspector Civil Police
course shall be as below –
(1) A police prescribing the rules regarding the eligibility of
selection and inviting the eligible candidates that if they want
that their candidature should be considered, they may apply
for that, should be issued every year in the month of January.
Detail publication of this notice should be made and it should
be sent to those persons who have gone on deputation or
leave. It shall be the duty of the District Police
Superintendent / Incharge of Units to ascertain that the notice
be sent to all those places where their persons are working at
that time. Six week time should be granted for filling the
application. Applications so received should be scrutinized,
for the purposes of excluding those applications which are not
eligible for selection under the prescribed rules, in the office
of Police Superintendent/ Unit Incharge.
(2) After pre-examination of all those eligible candidates, who
are suitable to be considered, should be held according to
following procedure-
(a) One question paper, containing three parts having 50
marks, shall be prepared – there shall be three legal
questions, three procedural questions regarding police
and three questions of general knowledge and essay.
Questions regarding essay writing should be compulsory and each
candidate should give reply to any two questions from parts and of one question
from third part of question paper or each candidate should give reply of total five
questions from question paper. Compulsory question should be of 10 marks and
other questions should be of 8 marks.

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(b) Pre-examinations should be conducted under the


supervision of Police Head Quarter on a certain date at
all districts. Answer books should be sent to concerned
Deputy Inspector General of Police, who will get
examined to those by a board of three Police
Superintendents. Qualifying merit should be fixed 50
per cent to the maximum marks.
(c) After then one board, constituted with Deputy
Inspector Generals, one commandant of P.A.C.
nominated by Deputy Inspector Generals of Police,
Range and concerned local Superintendent of Police,
should visit each district and should examine the
character roll of all those eligible candidates, who have
qualified the written examination. For the purposes of
excluding physically disabled persons a general drill
and physical examination of all such candidates should
be conducted. Board should award marks, according to
the stander fixed by Inspector General of Police, to
candidates on their character roll and merit shown in
the drill and physical examination.
(d) The candidates selected on the basis of such written
examination, examination of character roll and
physical examination should be deemed nominated
persons of the range for the purpose of main
examination.
(3) All the nominated persons of the range should appear in the
written examination, which will consist three question papers
(1) Law, (2) Procedure relating to police and (3) Essay and
General Knowledge, each of 50-50 marks. These questions
shall have been prepared at central lable and he answer books
shall be sent to the Headquarter of Deputy Inspector General
of Police who will get examined to those by a board of
Superintendents of Police, number of which will be depend

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on the number of candidates. The qualifying marks in this


examination shall be 30% in each question paper and 40% in
total and Superintendent of Police list shall be prepared
according to merit.
(4) About 4 time candidates to the number of vacancies in the
ranker cadet should be called for interview according to merit
from the aforesaid list A Selection Board, consisting two
Deputy Inspector-Generals of Police, one Superintendent of
Police nominated by Inspector General of Police, should take
interview of the candidates. For the interview including
service records 150 marks should be allocated and minimum
40% marks should be fixed for qualifying the same Board
should examine the character roll as earlier and should grant
the marks, thereafter adding the marks obtained by the
candidates in the interview and written examination a final
merit list should be prepared.

446. [Omitted]

447. Procedure for recruitment to the rank of Sub-Inspector (Armed


police/Platoon commander).- Recruitment to the rank of Sub-Inspector Armed-
Police/ Platoon Commander will be made in the following manner :
(a) 80 per cent of the posts both temporary and permanent in the
combined cadre of Sub-Inspector Armed Police / Platoon
Commander will be filled in by selection of men from the ranks.
(b) The remaining 20 per cent of the posts both temporary and
permanent in the combined cadre of Sub-Inspector Armed
Police/Platoon Commander will be filled in by direct recruitment.
For category (a) the Range Deputy Inspector General of Police, Deputy
Inspector General, Provincial Armed Constabulary and the Deputy Inspector
General of Police, Headquarters in the case of the Railway Police, will nominate
from time to time as required by the Inspector General such number of head
constables of the Armed Police as may be specified.

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For category (b) selection of the required number of candidates will be


made by a Committee consisting of the Inspector General, the Deputy Inspector
General, Provincial Armed Constabulary and one more Deputy Inspector General
nominated by Inspector General.

448. Training schedule for candidate selected under para 447.- (i)
Candidates nominated or selected under paragraph 447, will undergo a course of
training of 7 months duration at the Armed Training Centre, Sitapur, including
one month’s practical training in the Provincial Armed Constabulary Units.
(ii) Before taking training under the above sub-para, candidates selected
under para 447 (b) shall undergo a successful preliminary training for a period of
two months at the Armed Training Centre, Sitapur.

448-A. Consideration of seniority of the Sub-Inspectors (Armed


Police).- Relative seniority will be governed by the date of passing the Sub-
Inspector Armed Police Course and for men passing the same course by their
position obtained in the final examination of Sub-Inspector Armed Police Course
between two men obtaining equal marks in the same final examination (i)
promoted man will take seniority over directly recruited candidate, (ii) if both
men are directly recruited the age will be the determining factor and in the case
of the ranker cadets it will be length of service.

449. Promotion of head constable mounted police done by DIG.- Except in


the Mounted Police, promotion to the rank of head constables is made by the
Superintendent subject to the general control of the Deputy Inspector General.
In all branches of the police, the advancement of head constables is
regulated by an incremental time-scale (vide paragraph 463-A). The authority
empowered under Fundamental Rule 24 to withhold an annual increment is the
Superintendent.
All head constables who on 1st April 1945, held permanent post as such
are entitled, if they would by grade promotion have received more pay than by
the time-scale to have their pay in the time-scale re-fixed at the stage in the time
scale corresponding to the grade pay. Grade promotion must therefore be given

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on paper in the nominal roll until such time as all head constables have reached
the maximum of the time-scale.

450. Permanent promotion to the rank of head constable in the civil


and Armed Police.- Permanent promotion to the rank of Head Constable in the
Civil and Armed Police is made by the Superintendent of Police (subject to the
control of the Deputy Inspector General of Police) from constables who are
eligible under paragraph 454 or have been selected under paragraph 455.
Constables of Armed or Civil Police promoted to the rank of Head
Constable under these paragraphs shall remain on probation for one year.
Immediately after expiry of the period of probation they may be confirmed in
their appointments by Superintendents of Police if their work is found to be
satisfactory. On the other hand, Superintendents of Police may revert a
probationary Head Constable to his substantive rank of Constable if his work is
found to be unsatisfactory during this period. Before passing an order of
reversion, however, he should supply the Head Constable concerned in writing
with the specific complaints and grounds on which it is proposed to revert him,
call on him to show cause why he should not be reverted and take his explanation
duly into account.
If for some reason which should be recorded in writing the Superintendent
of Police is of opinion that the Head Constable in question is still not fit to be
confirmed, he may extend his probation for a period not exceeding one year, care
being taken that the reason for postponement is communicated to him. It should
be further noted that in such cases the order of confirmation when actually passed
shall take effect from the date on which the extended period of probation expires.

451. [Omitted]
452. [Omitted]
453. [Omitted]

454. Eligibility criteria for constables to be promoted as head


constables.- The following constables will be eligible for promotion to the rank
of head constables.

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(a) constables of the civil police who qualified before 1st January, 1941,
in accordance with the rules then in force and who have also passed
such course as the Inspector General may prescribe.
(b) constables of the armed police who have already obtained a
regimental drill certificate, and
(c) constables of the civil and armed police who have passed the
prescribed course at the Police Training School, Sitapur.
Note.- Out of turn promotion will be given to the constables for the post
of head constable who shows bravery in his duty by G.O. No. 665 (2) / six-Po-1-
24/93 dtd. 3-2-1999.

455. Promotion of constable as head constable by the approval of


DIG (Range).- Specially deserving constables of Civil Police who are unable to
qualify for promotion in the manner specified in paragraph 454 may be promoted
to the rank of Head Constable with the approval of the Range Deputy Inspector-
General of Police, provided that the total number of head constables so promoted
in the district at any time not exceed 20 per cent of the total number of head
constables, Civil Police, sanctioned in the district for Watch and Ward Duty.
Specially deserving constables, Civil Police of the Criminal Investigation
Department who are unable to qualify for promotion in the manner specified in
paragraph 454, may be promoted to the rank of head constable by the Deputy
Inspector General of Police, Criminal Investigation Department provided that the
total number of head constables so promoted in the Criminal Investigation
Department shall not exceed 50 per cent of the head constables, Civil Police
sanctioned for the Criminal Investigation Department.
Specially deserving constables of the Armed Police who are unable to
qualify for promotion in the manner specified in paragraph 454 may be promoted
to the rank of head constable by the Deputy Inspector General of Police,
Headquarters, provided that the total number of head constables so promoted
shall not exceed 2-1/2 per cent of the posts of head constables, Armed Police
sanctioned for the Police Force.

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456. Promotion of constables to the rank of head constables will be


made by seniority.- The promotion of constables of the civil and armed police
to the rank of head constable will be made by seniority on the list of constables
qualified for promotion. Seniority for this purpose shall be determined –
(a) amongst those qualified at the Police Training School in different
session by the session at which they qualified;
(b) amongst those qualified at the same session by the aggregate of
marks obtained;
(c) amongst those qualified at the same session and with the same
aggregate marks by length of service.

457. Selection of ‘Y’ student in training.- Any student who displays


outstanding ability in the qualifying course prescribed in paragraph 454 (c) Police
Regulations shall be designated a ‘Y’ student by the Examination Board. This
fact will be recorded in his character roll. He will be eligible for accelerated
promotion.

458. List of mounted police constables maintained by P.H.Q.- Police


Headquarters will maintain a list of Mounted Police constables of the State who
have qualified at the Advance Course of Training prescribed in paragraph 86.
Seniority on this list will be determined by the date of passing the said course for
inclusion in the State list. Relative seniority in the case of those passing the same
course will be determined by the aggregate of marks obtained in final
examination and of those obtaining equal marks in the same final examination,
by length of service as Mounted Police constable.
All vacancies of Head Constables, Mounted Police will be filled by the
Deputy Inspector General of Police, Headquarters in order of seniority from those
included in the State List. Temporary vacancies of less than three months’
duration in the rank of Head Constable, Mounted Police may be filled by the
Range Deputy Inspector General of Police by promoting an approved candidate
in his Range.

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A Range Deputy Inspector General of Police may recommend the removal


from the State List of the name of a constable who by his subsequent work and
conduct proves himself unsuitable for promotion.

459. List of mounted police head constables approved for the


promotion of the Sub-Inspector will be maintained by PHQ.- A list of Head
Constables, Mounted Police approved for promotion to the rank of Sub-
Inspector, Mounted Police, will be maintained at the Police Headquarters. Head
Constables of not less than 3 years’ approved service as Head Constable and not
more than 40 years of age will be nominated for inclusion in this list. In
exceptional cases, the Range Deputy General of Police may nominate Head
Constables of outstanding merit up to the age of 45 years. Those so nominated
will appear at a Central Department Test prescribed by the Inspector General of
Police. Only those selected as a result of this Test will be brought on the
Approved List.
All vacancies in the rank of Sub-Inspector, Mounted Police will be filed
by the Deputy Inspector General of Police, Headquarters in order of seniority, by
promoting Head Constables whose names are included in the Approved List.
Temporary vacancies of less than three months duration may be filled by the
Range Deputy Inspector General of Police by promoting as approved candidate
in his Range.
Range Deputy Inspector General of Police may recommend the removal
from the Approved List of the names of any Head Constable who, by his
subsequent work and conduct is considered unsuitable for promotion. Such a
Head Constable may, however, be considered again for inclusion in the Approved
List, provided he possesses all the qualifications for reappearing at the Central
Department Test prescribed for the purpose.

459-A. Promotion of Head constables and sub-Inspectors of mounted


police.- Constables and Head Constables Mounted Police, when promoted to the
posts of Head Constable and Sub-Inspector under paragraph 458 and 459
respectively, shall remain on probation for a period of one and two years
respectively after which they may, if their work and conduct is found to be

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satisfactory, be confirmed by the Deputy Inspector General of Police,


Headquarters.
If the Superintendent of Police is of the opinion that a probationer should
be reverted because of his work is unsatisfactory he will supply the probationer,
in writing, with the specific complaints and grounds on which it is proposed to
recommend his reversion and at the same time will call on him to show cause
why he should not be reverted. A copy of the statement of specific complaints
together with the probationer’s explanation shall then be forwarded through the
Range Deputy Inspector General of Police to the Deputy Inspector General of
Police, Headquarters for orders.
If for some reason, which should be recorded in writing, the Deputy
Inspector General of Police, Headquarters is of the opinion that a probationer not
fit for confirmation, he may extend the term of probation by a period not
exceeding one year. The reasons for such action should be communicated, in
writing to the probationer concerned. In such cases the order of confirmation
when actually passed shall take effect from the date on which the extended period
of probation expires.

460. Conditions for advancement of constables in all branches.- The


advancement of constables in all branches of the force is regulated by the
conditions of an incremental time-scale (vide paragraph 463-A) at the top of
which is a selection grade containing a fixed number of posts. Promotion to the
selection grade is made by Superintendent of Police by selection from among
constables ‘B’ class with an eminently meritorious record, for whom the selection
grade is reserved. The authority empowered under Fundamental Rule 24 to
withhold an increment is the Superintendent. Constables who have retired on
invalid or compensation pension and are subsequently re-employed should, if
their previous service counts for pension under Article 514 and 519 of the Civil
Service Regulations also count such service for increments of pay. For the case
of ex-soldiers enlisted and resigned police officers re-enlisted in the police, see
paragraphs 410 and 418.

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For rules regulating the promotion of constables from ‘B’ Class to ‘A’
Class see, paragraph 542.

461. Promotion of Nominal Rolls.- Nominal rolls must be kept up in


every district, G.R.P. Section, C.I.D. and every other branch of the police in Form
No. 362 Promotions will be entered in the remark column.

462. Promotion and reversion rolls.- Promotion and reversion rolls will
be maintained separately in the prescribed form for officiating and substantive
promotions concerning all ranks and for all branches.
These rolls will be maintained by the accountant who will make entries in
the first three columns and submit the appropriate rolls to the Superintendent with
all necessary papers and character rolls whenever any promotion or reversion
falls due. The Superintendent of Police will fill up columns 4 and 5 of the roll
with his own hand, mentioning in column 5 the names of any officer superseded
with a brief note of the reasons for their supersession. On the first occasion of an
officer’s supersession a note of this fact and of the reasons for it will also be made
in the character roll.

463. Orders relating to increments of pay of Sub-Inspectors.- Orders


relating to increments of pay of sub-inspectors, under-officers and constables of
all branches will be noted by the Superintendent in the remarks column of the
nominal roll which will be submitted for the purpose to the Superintendent on the
tenth day of every month. When an increment is withheld an entry with reasons
must be made in the officer’s character roll as well as in the remarks column of
the nominal roll. In any case in which the service of an officer is held not to
satisfy the requirement of Fundamental Rule 24, the order withholding the
increment must specify the period for which it is withheld. Such period may not
exceed one year at a time, separate orders being passed annually if it is found
necessary each year again to withhold the increment subject to a maximum of
three years. (The procedure for withholding increments as a definite punishment
following departmental trial is provided for a paragraph 482-A).

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[463-A. The Governor has decided under Section 2, Police Act that the
conditions of service of subordinate ranks of the police force enrolled under the
Police Act in respect of pay, leave, pension, allowance, provident fund and other
conditions of service not specifically provided for the these regulations shall be
regulated by the general rules made by the Governor under paragraph (b) of sub-
section (2) of Section 241 of the Government of India Act, 1935 and pending the
issued of such rules by the rules contained in force by Section 276 of the said Act
and by and in accordance with the provisions of paragraph 15(2) of the
Government of India (Commencement and Transitory Provisions) Order, 1936.

CHAPTER XXXI
REWARDS

464. Kinds of Rewards.- Rewards are of four kinds –

(a) rewards proclaimed for information leading to the arrest and


conviction of criminals;
(b) rewards for definite acts of good service or bravery meritorious
work during training, and good marksmanship during annual
weapon firing during musketry competitions;
(c) rewards given to village chaukidars (1) for meritorious services and
(2) for special services;
(d) rewards paid by departments other than the Uttar Pradesh Police
Department, and by Courts, private companies or persons.

Rewards of Classes (a) and (b) are paid from the same grant, and may be
given to private persons as well as to non-gazetted officers of the police
force. Rewards of Class (a) but not of Class (b) may also be given to
village chaukidars. The grant is provisional, but after provisions has been
made for provisional reserve it is divided by the Inspector General and
administered by Deputy Inspector General, who make allotments to
districts and sections, themselves, retaining reserves to meet large rewards
in special cases. The amount allotted to each district or section must be

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regarded as the maximum to be expended under normal conditions, and an


extra will not be made unless it is shown that special circumstances, e.g.,
a case of extraordinary importance, have rendered the sum insufficient.
Superintendent of Police will keep a careful watch on expenditure and
must only pay rewards in specially meritorious cases. They must intimate
the amount of probable excess of savings to the Deputy Inspector General
of the range by 15th January, at the least, to enable any necessary
adjustments to be made.
Deputy Inspectors General are authorized to re-appropriate savings.

The Criminal Investigation Department grant for rewards of Classes


(a) and (b) is separate from the provincial grant. The Deputy Inspector
General, CID exercises the same powers in respect to it as a Range Deputy
Inspector General in respect to the provincial grant.

465. Reawards of Class (a).- Rewards of Class (a) may be offered


and paid by the following officers up to the limits specified:
“By the Superintendent of Police up to Rs.250 for each criminal.
By the Inspector General or Deputy Inspector General or Deputy
Inspector General, CID up to Rs.2000 for each criminal; or the Inspector,
with the sanction of Government up to any sum.”
Rewards of this class should ordinarily be offered for arrest and
conviction and not for arrest alone : but the officer who is empowered to
make the offer may determine the wording of the proclamation. In a case
in which the proclamation was for arrest and conviction he may also order
the whole or part of the reward to be paid for arrest only, either (1)
immediately after arrest and before or during trial, if proceedings are likely
to be protracted, and he is satisfied that nothing that can transpire at the
trial can effect the merit of the work done by the police officer or other
person who effected the arrest; or (1) after the trial, when through no fault
of the police officer or other person who effected the arrest; conviction has
not followed arrest. A reward must not be offered for the capture of
criminal, dead or alive’.

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466. Rewards of Class (b).- Rewards of Class (b) may be paid


by the Superintendent to a limit of Rs.100 for each occurrence on his own
authority, and up to Rs.1000 with the sanction of the Deputy Inspector
General . For larger sums the sanction of the Inspector General of Police
must be obtained through the Deputy Inspector General.
The following principles govern payments of rewards of this class :
(1) Rewards given to Inspector and Sub-Inspectors should not be
trifling : it is derogatory to a Sub-Inspector to receive a reward
of less than Rs. 10. The size of rewards should not be
mechanically proportioned to salary and if the main credit
belongs to a constable or under-officer he should get the bulk
of the reward. Good work performed by officer of higher rank
will be recognized by good entries in their character rolls, but
money rewards should be sparingly given in ordinary cases.
Any tendency of the part of officers to magnify their own
performances at the expense of their subordinates should be
watched for and suppressed.
(2) Rewards should not be given to public prosecutors and
assistant public prosecutor unless a case has been particularly
difficult or complex and the prosecuting officer has shown
exceptional energy or skill in prosecuting it. It is not
sufficient reason for rewarding a prosecuting officer that a
case already well worked out by the investigating staff has
been carried to a successful conclusion in Court. To minimize
audit objection, reward to prosecuting officers should not be
granted without the sanction of the Range Deputy Inspector
General, except in cases under the Excise and Gambling Acts.
(3) Smart arrests resulting in convictions under Section 109,
Criminal Procedure Code, may appropriately be rewarded,
but no rewards should ordinarily be given in Section 110,
Criminal Procedure Code cases. If the investigating officer
has incurred out-of-pocket expenses in prosecuting a case

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under this section, the matter should be brought to the notice


of the Deputy Inspector General with a view to re-
imbursement.
(4) Rewards should not be given to any class officer for general
good work’ but only for particular act of special merit, such a
good arrests, good detection or good service on a special
occasion. Cash reward for good marksmanship during annual
weapon firing and shots during musketry competitions are
also admissible. Rewards are not to be given as a matter of
routine whenever a case is directed. Nor should they be given
for efficient discharge of ordinary duties e.g., to a reserve
inspector good recruiting or for training recruits.
(5) Rewards should not be given to recruits in training as a matter
of routine, such rewards should be given only to such recruits
who show special aptitude and exceptional keenness and
efficiency during the period of their training.

467. Rewards of Class (c).- Rewards of Class (c) are paid from a
provisional grant from which annual allotments are made to districts.
Details of rewards granted to chaukidars under each of the two heads (1)
meritorious services and (2) special services should be maintained
separately. The necessity for rewarding chaukidars for the prompt and
energetic performance of routine duties must not be over-looked.
Under head (1) will fall rewards for definite acts of good service or
bravery, similar to those for which members of the police force would
receive rewards of Class (b). Under head (2) will fall rewards for general
good work, good reporting of births and deaths, prompt reporting of the
movements of bad characters, surveillance of history-sheet men or
members of criminal tribes, guardian of special trains, watching roads
during fair and festivals. The Superintendent of Police is empowered to
sanction rewards under either head up to a maximum of Rs. 20 to a single
person on each occasion. For larger individual rewards the sanction of the
Deputy Inspector General must be obtained.

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Recipient should be promptly paid, and if not paid by or in the


presence of gazetted officer the first gazetted officer inspecting their police
station should make sure from them that they have received the money.
Rewards under head (2) should be freely given. That district allotment
should be spent in full and no part of it will be transferred as savings to
other heads. Applications for additional grants for reward to village
chaukidars will be favourably considered.

468. Payment of Rewards.- No reward of Classes (a), (b), (c) will be


paid without the written order of the Superintendent. The Superintendent’s
Readers will maintain a Reward Register in the prescribed form. He will fill in
Columns 1 to 5 of the register from the reward roll and will place the register
before the Superintendent who will compare entries with the reward roll and then
sign it. Twice or three times a month the register will be handed over to the
Accountant who will prepare a reward bill to include all rewards sanctioned up
to the date on which the bill is prepared. In the last column of the register he will
note the number and date of the bill, the amount drawn, and the balance available.

469. Procedure for those rewards, on whom the sanction of DIG or


other higher authority is required.- In the case of rewards for which the
sanction of the Deputy Inspector General or higher authority is required, an
extract from the reward register will be forwarded in duplicate in Form NO. 227
to the sanctioning authority. If the application is sanctioned, one copy duly
signed by the sanctioning authority will be returned to the district and will be
attached in original to the contingent bill in which the amount of the rewards is
drawn from the treasury. Superintendents will receive recommendations for
rewards from Assistant or Deputy Superintendent-in-charge of the Sub-divisions,
from courts and from inspectors and station officers. Such recommendations
must be accompanied by the case diaries or other papers and the Superintendent
must satisfy himself that rewards are fully justified before he makes an entry in
the reward register. The total rewards sanctioned in each case must be written in
words by the Superintendent in the reward register.

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470. Rewards of Class (d).- All rewards of class (4) must be shown in the
reward register to enable entries to be made in character rolls and for purposes of
record and annual returns, but the Superintendent need not enter these with his
own hands. Rewards of Class (d) given by other departments should be sent to
the Superintendent of Police for disbursement. The sum should be credited in the
cash-book and then disbursed in the ordinary way. Money sent to the
Superintendent of Police by other departments as rewards for the police
represents money drawn for the purpose from public accounts and need not be
deposited in the treasury provided it is disbursed within one month of the date of
receipt. In the case of rewards sanctioned for the police by Courts, Rule 7,
Chapter IX of the High Court General Rules (Criminal) of 1911 (now of 1957)
requires the Court to deposit the amount in the treasury as ‘Policy receipts’ and
to arrange to grant the Superintendent of Police a refund voucher which will be
accepted and honoured by the treasury after verification of the credit. Such
rewards also should be disbursed within one month of the date of receipt by the
Superintendent of Police.
Note I. In the case of rewards paid by Courts to the police and to persons
in respect of cases under the Indian Arms Act (Act XI of 1878), the sanctioning
Court will prepare a bill for the amount required, present it to the treasury and
receive payment by transfer credit to police receipts’, that is by debit to the head
’27 – Administration of Justice – Criminal Courts – Rewards under the Arms
Act’ and corresponding credit to the head XIX – Police – Miscellaneous – Other
miscellaneous receipts’. The Superintendent of Police will subsequently obtain
a refund voucher from the Court which will be accepted and honoured by the
treasury after verification of the credit. The amount so drawn from the Treasury
for disbursement to the persons rewarded will be charged to ’29 – Police –
District Executive Force – Rewards. The Superintendent of Police will disburse
such rewards within one month of the date of receipt and will see that the fact of
the reward is entered in the character roll of Police recipients. In this note the
expression ‘Superintendent of Police’ shall in respect of rewards payable to the
revenue police in the Kumaun Division, include the Deputy Commissioner of
Naini Tal, Garhwal and Almora.

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Note II.-The proceeds of fines realized on conviction for offences under


the Police Gambling Act will be credited to the Provincial revenues under the
head ‘XXI – Administration of Justice – General Fees, Fines and Forfeitures –
Magisterial Fines and Forfeiture’. Any rewards to the Police for good services
in such cases will be paid out of the Police budget under head 92.

471. Procedure for receiving rewards from private persons or


companies.- Police officers must not receive rewards direct from private persons
or companies. Rewards from these sources as well as sums paid for the service
of police officers and rewards, forfeitures and penalties or shares of rewards,
forfeitures and penalties which by law are payable to informers when the
information is laid by a police officer, must be paid by the Superintendent of
Police into the treasury to be credited to head ‘XIX – Police – Miscellaneous –
Other miscellaneous receipts’.
When the money has been credited into the treasury an equivalent amount
may be drawn and disbursed to the police officers and men concerned from the
Police budget under the head ’23 – Police Non-Plan – B – District Executive
Force – (a) District Police – Rewards’. The same procedure should be followed
in cases of rewards deposited on conditions unfulfilled at the time of deposit, e.g.,
when a private person or company offers a reward for the arrest of a thief or the
recovery of stolen property. Charge on account of refunds in the case of (i)
conditions not being fulfilled when rewards are deposited conditionally by a
member of public and (iii) excess charges for police supplied to the public, should
be debited to head ‘XIX – Police – Deduct – Refunds’. Credit in support of all
such items of charges should be verified by the treasury officers before the
encashment of the bill.
If any Ruling Prince or other distinguished visitor to the province desires
to make a presentation not being a presentation of money, to any non-gazetted
police officer the officer concerned should accept the article presented but hand
it over immediately to the Superintendent of Police, who will refer the matter to
the Inspector General. The Inspector General of Police will sanction the retention
of the article by the officer concerned unless for any sufficient reason (such as its

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excessive value) he sees reason to disallow its retention. In the latter case the
matter should be reported to Government for orders.

472. Halting allowance to police on duty at fair.- Sums paid out of fair
fund in lieu of halting allowance to police on duty at a fair, and police officers,
share of sums recovered on account of police supplied for private entertainments,
need not be entered in the reward register and should be treated as laid down in
paragraph 158, Office Manual.

473. Procedure if reward of Class (a) is offered in any case of more


than local importance.- As soon a reward of Class (a) is offered to any case of
more than local importance or in which there is reason to suppose that the person
wanted has left the district, a notification should be sent to the Superintendent of
Police, Criminal Investigation Department, Crime Branch, for publication in the
Criminal Investigation Gazette.

474. Eligibility of rewards for members of clerical staff.- Members of


the clerical staff are eligible for rewards only in the same way as private persons.
They may not be rewarded for work done by them in the ordinary course of their
clerical duties.
Reserve lines teachers are not eligible for rewards from the police rewards
grant. For the grant of honoraria with the sanction of the Inspector General for
exceptionally good work in unusual circumstances, see Financial Hand-book,
Volume II.

475. Good conduct stripe.- One good conduct stripe only will be given
to illiterate constables drawing ‘A’ class allowance. No other good conduct
stripes will be given to constables.

476. Rules for granting good conduct stripes to village chaukidars.-


The following rules govern the grant of good conduct stripes and allowance to
village chaukidars :

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I. For specially praise-worthy conduct in the discharge of his duties a


chaukidar may be awarded by the Superintendent on any one
occasion one or two good conduct stripes.
II. Every two such stripes will, entitle the wearer to an allowance in
addition to his pay, of eight annas per mensem.
III. The maximum allowance is two rupees eight annas.

IV. Good conduct stripe will be worn on the left sleeve of the uniform
three inches above the end of the sleeve and one-fourth of an inch
apart. They will be red bard cloth each half in inch wide, round the
sleeve. Their cost will be defrayed from the clothing grant.
V. The forfeiture of good conduct stripes and allowance may be
ordered as a punishment.
VI. All grants of good conduct stripe and allowance and all orders
withdrawing the same will be entered in the chaukidar’s crime
record-book, a brief note being made in English and signed by a
gazetted officer.
VII. The total expenditure on allowances must not exceed the budget
provision.

CHAPTER XXXII
DEPARTMENT PUNISHMENT AND CRIMINAL
PROSECUTION OF POLICE OFFICERS

477. Punishment Rules.- The rules in this chapter have been made under
Section 7 of the Police Act (V of 1861) and apply only to officers appointed under
Section 2 Police Act (V of 1861). No officer appointed under that section shall
be punished by executive order otherwise than in the manner provided in this
chapter.
The punishment of gazetted officers is regulated by the conditions of their
agreements with the Secretary of State and by rules made by the Secretary of
State in Council under sub-section (2) of Section 96-B of the Government of

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India Act of 1919. The rule for the punishment of the clerical staff are given in
the Office Manual; those for the punishment of village chaukidars in Chapter IX
of these Regulations.
Punishments
478. Departmental punishment for all police officers appointed under
Section-2 of the Police Act.- All Police Officers appointed under Section 2 of
the Police Act are liable to the following departmental punishments-
(a) dismissal or removal from force, as defined in paragraph 481;
(b) reduction as defined in paragraph 482;
(ba) withholding of promotion;
(bb) withholding of increments including stoppage at an efficiency bar;
(bc) misconduct entry in the character roll (U.P. Gazette dated 6th April,
1968);
Head constables and constables may also be punished with-
(c) confinement to quarters (this term includes confinement to quarter
guard) for a term not exceeding fifteen days;
(d) punishment drill;
(e) extra guard duty;
Constables may also be punished with-
(e) Fatigue duty which should be restricted to the following tasks-
(i) tent-pitching;
(ii) drain-digging;
(iii) cutting grass, cleaning jungle and picking stones off parade
grounds;
(iv) repairing huts and butts and similar work in the lines;
(v) Cleaning arms.

478-A. Punishment may be awarded after departmental


proceedings.- The punishment noted at (a) and (b) in paragraph 478 may be
awarded only after departmental proceedings, vide paragraphs 490 to 494.
Orders concerning (ba) may also be passed under Chapter XXX and those
concerning (bb) may be passed as provided for in paragraph 463 or paragraph
482-A as the case may be The punishment noted at (bc) may be awarded after

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giving an opportunity to the officer concerned to show cause why a misconduct


entry as may be proposed should not be made in his character Roll. The
punishment noted at (bc) may also be awarded when departmental proceedings,
vide paragraphs 490 to 494 are taken initially with a view to awarding one of the
punishments noted at (a), (b), (ba) and (bb) and the punishing authority ultimately
considers it sufficient to award only former as a less severe punishment.

Powers of Officers
479. Powers of officers for punishment.- (a) The Governor reserves full
powers of punishment with reference to all officers.
(b) The Inspector General may punish inspectors and all police officers
of lower rank.
(c) Deputy Inspector General may punish all officers of and below the
rank of inspector temporarily or permanently subordinate to them.
(d) The Superintendent of Police may punish all inspector and sub-
inspectors temporarily or permanently subordinate to him except with dismissal
or removal. Any case in which he proposes the dismissal or removal of an
inspector or sub-inspector of any branch of the force must be forwarded for orders
to the Deputy Inspector General of Police in accordance with the instructions
contained in sub-paragraph 490 below.
(e) The Superintendent may punish all head constables and constables
temporarily or permanently subordinate to him.
(f) Subject to the provisions of paragraph 491 (i) [all such permanent
Assistant Superintendents of Police as have completed four years of service all
such permanent Deputy Superintendents of Police as have crossed the first
efficiency bar in time scale of pay applicable to them], and (ii) other Assistant
Superintendent of Police and Deputy Superintendent of Police specially
authorized in this behalf by the Deputy Inspector General of Police so far as his
Range concerned; may exercise all the powers of a Superintendent of Police as
detailed in sub-paragraphs (d) and (e) of this paragraph other than powers relating
to the punishment of inspectors of police and powers under Fundamental Rules
24 and 25.

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(g) A reserve inspector may give punishment drill and fatigue duty up
to a maximum of three days to constable posted in the reserve lines but his order
must be dispatched from the reserve lines office to the Superintendent of Police
for confirmation within twenty-four hours.

Reprimand
480. Reprimand.- Punishments will be inflicted only when they are
absolutely necessary in the interests of discipline. Before inflicting or proposing
a punishment a Superintendent, Assistant or Deputy Superintendent or reserve
inspector must consider whether a reprimand will not suffice. To ensure that the
power of reprimand in adequately exercised by the reserve inspector a defaulter’s
book (Police Form No. 277) will be maintained in the reserve lines. Petty
misdemeanours in the case of a first or second offence will be entered in this book
and the defaulter’s thumb impression or signature taken. Only incorrigibles
should be sent up with the register to the Superintendent of Police for punishment.

Dismissal and removal


481. Dismissal and removal of an officer.- An order of dismissal will be
passed only when an officer’s conduct renders his retention in the force
umdesirable. Dismissal must necessarily follow a sentence of rigorous
imprisonment, and should, as a rule, follow a conviction for intentionally or
negligently allowing a prisoner to escape from custody, even if the accused is
sentenced to a fine. If the Superintendent does not order dismissal in the latter
case, he must submit his proceedings to the Deputy Inspector General of the
Range with a copy of the judgment all departmental papers in the case and the
character roll of the officer concerned.
Dismissal precludes the officer dismissed from being re-employed in
Government service, while removal from the force implies that, though the
officer removed is unfit for police duties, he need not be debarred from re-
employment under Government in another office for which he may be suited.
482. Rules that govern reduction.- The following rules govern
reduction:

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(1) No officer may be reduced to a rank lower than that in which he was
first appointed to the service.
(2) No officer may be reduced, permanently, in the sense that he is never
to be eligible for re-promotion however, meritorious his subsequent
service may be.
(3) An officer may be reduced from one rank to another or from one
stage in a time-scale to a lower stage in the same time-scale.
Constables may also be reduced as prescribed in sub-paragraph (5).
(4) (a) When the pay of a reduced officer is after reduction to be
regulated by a time-scale, the order of reduction shall
specify the stage in the time-scale which shall be assigned to
the officer and whether the period of reduction is definite or
indefinite.
(b) If the reduction is to a lower rank and the period is indefinite,
the stage in the time-scale of the rank to which he is reduced
shall not be lower than that which the officer would have
reached if he had not been promoted to the rank from which
he is reduced. If the reduction is lower rank and the period is
definite any stage in the lower rank may be specified.
(c) If the period of reduction is indefinite the officer shall not
automatically regain his original position.
If the period of reduction is definite, the period shall be
specified in the order of reduction and shall not be longer than
three years. At the end of a specified definite period the
officer shall automatically regain his lost position, but shall
not be entitled to any rank promotion which he had obtained
in an officiating capacity at the time of reduction, or would
have obtained if he had not been reduced.
(5) (a) Constables are in a time-scale leading up to a selection grade
with a fixed number of posts. Constables may be reduced
from the selection grade to the time-scale or from a higher to
a lower stage in the time-scale. When a constable is reduced
from the selection grade to the time-scale, the stage assigned

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to him shall not be lower than that to which his length of


service entitles him in the time-scale and no period of
reductions shall be specified : The constables shall be eligible
for re-selection to the selection grade if he conduct merits
selection. In the case of reduction from one stage in the time-
scale to a lower stage the period of reduction shall be
specified and shall not exceed three years. At the end of the
specified period the constable will regain that stage of the
time-scale which he would have reached if he had not been
reduced.
(c) In addition, constables may also be reduced as follows-
(i) ‘A’ class to ‘B’ class;
(ii) to a specified lower position in the list of constables
qualified from promotion; and
(iii) a combination of (i) and (ii).

A constable reduced to a lower position in the list of constables qualified


for promotion will, when his turn comes again to be considered for promotion,
be eligible subject to the provisions of Chapter XXX.
(6) When an officer above the rank of constable is reduced to the rank
of a constable, the authority ordering his reduction shall indicate the stage in the
constables time-scale to which he is assigned and shall state whether he is to be
classed ‘A’ or ‘B’. The authority must also indicate what position is to be allotted
to him on the list of men eligible for promotion.
(7) Vacancies occurring as the result of reduction for a specified period
shall be filled only in an officiating capacity. Other vacancies shall be filled
permanently.

482-A. Order of upholding increment as a punishment.- Every order


withholding increment as a punishment shall state the period for which it is to be
withheld. Such period shall not exceed one year and shall have the effect only if
postponing the increment for the stated period.

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Illustration
A Sub-Inspector draws Rs.67 in the scale of Rs.65-2-95-E.B.-2 2-1/2-120
and is due his increment on 1st January, 1947. An order is passed on 1st
December, 1946 withholding his increment for one year. Throughout 1947, he
will draw only Rs.67 but from 1st January, 1948 he will draw Rs.71.
A constable draws Rs. 20 and is due to draw Rs.21 from 1st January, 1949,
and Rs. 22 from 1st January, 1952. On 1st December, 1946 an order is passed
withholding his increment for one year. He will continue to draw Rs. 20 until 1st
January, 1950 from which date he will draw Rs. 21. He will draw Rs. 22 from
1st January, 1952.
The procedure for withholding increments otherwise than as a punishment
after departmental proceedings is provided in paragraph 463.
Procedure

483. Proceeding against police officer.- Subject to the special


provision contained in paragraph 500 and to any special orders which may be
passed by the Governor in particular cases a proceeding against a police officer
will consist of –
A. A magisterial or police inquiry, followed, if this inquiry shows need
for further action, or
B. A judicial trial, or
C. A departmental trial, or both, consecutively.

A – Inquiry
484. Nature of inquiry.- The nature of the inquiry in any particular case
will vary according to the nature of the offence. If the offence is cognizable or
non-cognizable according to Schedule II of the Criminal Procedure Code and
information of it is received by the District Magistrate he may in exercise of his
powers under the Criminal Procedure Code either-
(1) make or order a magisterial inquiry; or
(2) order an investigation by the police.
If the information is received by a Magistrate other than a District
Magistrate, and he takes cognizance of the offence, he should report the case at

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once to the District Magistrate who will withdraw it to his own Court under
Section 410/411, Criminal Procedure Code, 1973 (2 of 1974). The District
Magistrate may then act as though the original complaint had been made to him.
This power extends to cases under Section 29 of the Police Act, but
magisterial inquiry in cases under this section will be ordered only in very
exceptional circumstances.

485. Procedure, when a magisterial inquiry is ordered.- When a


magisterial inquiry is ordered it will be made in accordance with the Criminal
Procedure Code and the Superintendent of Police will have no direct concern
with it until the conclusion of judicial proceedings or until and unless the case is
referred to him for further disposal, but he must give any assistance to the
inquiring Magistrate that he may legally be called upon to give and he must
suspend the accused should this become necessary under paragraph 496.

486. Inquiry, when the offence alleged against a police officer


amounts to an offence only u/s 7 of the Police Act.- When the offence alleged
against a police officer amounts to an offence only under Section 7 of the Police
Act, there can be no magisterial inquiry under the Criminal Procedure Code. In
such cases, and in other cases until and unless a magisterial inquiry is ordered,
inquiry will be made under the direction of this Superintendent of Police in
accordance with the following rules :
I.- Every information received by the police relating the commission of
a cognizable offence by a police officer shall be dealt with in the first place under
Chapter XII, Criminal Procedure Code, 1973 (2 of 1974) according to law, a case
under the appropriate section being registered in the police station concerned
provided that –
(1) if the information is received, in the first instance, by a Magistrate
and forwarded by the District Magistrate to the police, no case will
be registered by the police;
(2) if the information is received, in the first instance by the police, the
report required by Section 157, Criminal Procedure Code, shall be
forwarded to the District Magistrate, and when forwarding it the

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Superintendent of Police shall note on it with his own hand what


steps are being taken as regards investigation or the reasons for
refraining from investigation.
(3) unless investigation is refused by the Superintendent of Police under
Section 157(1)(b), Criminal Procedure Code and not ordered by the
District Magistrate under Section 159, or unless the District
Magistrate orders a magisterial inquiry under Section 159,
investigation under Section 159, Criminal Procedure Code, shall be
made by a police officer selected by the Superintendent of Police
and higher in rank than the officer charged;
(4) on the conclusion of the investigation and before the report required
by Section 173, Criminal Procedure Code is prepared, the question
whether the officer charged should or should not be sent for trial
shall be decided by the Superintendent of Police. Provided that
before an officer whose dismissal would require the concurrence of
the Deputy Inspector General under paragraph 479 is sent for trial
by the Superintendent of Police, the concurrence of the Deputy
Inspector General must be obtained;
(5) the charge sheet or final report under Section 173, or Section 169,
Criminal Procedure Code, as the case may be, shall be sent to the
District Magistrate; if the Superintendent of Police or the Deputy
Inspector General had decided against a prosecution, a note by the
Superintendent of Police giving the reasons for this decision shall
be endorsed on, or attached to the final report;
(6) When the reasons for not instituting a prosecution is that the charge
is believed to be baseless, no further action will be necessary; if the
charged is believed to be true and a prosecution is not undertaken
own to the evidence being considered insufficient or for any other
reasons the Superintendent may, when the final report under Section
173, Criminal Procedure Code, has been accepted by the District
Magistrate, take departmental action as laid down in paragraph 490.

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II. When information of the commission by a police officer of a non-


cognizable offence (including an offence under Section 29 of the
Police Act) is given in the first instance to the police, the
Superintendent of Police may, if he sees reason to take action, either
(a) proceed departmentally as laid down under head III of this
paragraph and in paragraph 490, or (b) as an alternative to, or at any
stage of the departmental proceedings, forward a report in writing to
the District Magistrate with a request that he will take cognizance of
the offence under Section 190(1)(b), Criminal Procedure Code,
provided that report against Police Officers of having committed
non-cognizable offence will (when made to the police and unless
there are special reasons for desiring a magisterial inquiry or formal
police investigation under the Code) ordinarily be inquired into
departmental and will not ordinarily and then only if be referred to
the District Magistrate until departmental inquiry is complete, a
criminal prosecution is desired.
On receiving information either by means of a report in
writing from the Superintendent of Police as laid down above, or
otherwise as laid down in Section 190(1)(a) and (c), Criminal
Procedure, of the commission by a Police Officer of a non-
cognizable offence, the District Magistrate may, subject to the
general provisions of Chapter XIII, Part B, Criminal Procedure
Code, 1973 (2 of 1974) –
(a) proceed with the case under Chapter XVI Criminal
Procedure Code, 1973 (2 of 1974);
(b) order an inquiry by a Magistrate or an investigation by
the police under Section 202, Criminal Procedure
Code, 1973 (2 of 1974); or an investigation by the
police under Section 155(2);
(c) decline to proceed under Section 203, Criminal
Procedure Code, 1973 (2 of 1974).
In an investigation by the police is ordered, it would be made under Section
155(3), Criminal Procedure Code by an officer selected by the Superintendent of

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Police and higher in rank that the officer charged and all further proceedings will
be exactly as laid down for cognizable cases in paragraph 486 (1), (4), (5) and (6)
above.
If no investigation by the police is ordered, and the District Magistrate,
after or without magisterial inquiry, declines to proceed criminally with the case,
the Superintendent of Police will decide, in accordance with the principles set
forth in paragraph 486 (1) (6) above and subject to the orders contained in
paragraph 494, whether departmental proceedings under paragraph 490 are
required.
III.- When a Superintendent of Police sees reasons to take action or
information given to him, or on his own knowledge or suspicion, that a Police
Officer subordinate to him committed an offence under Section 7 of the Police
Act or non-cognizable offence (including an offence under Section 29 of the
Police Act) of which he considers it unnecessary at that stage to forward a report
in writing to the District Magistrate under Rule II above he will make or cause
to be made by an officer senior in rank to the officer charged, a departmental
inquiry sufficient to test the truth of the charge. On the conclusion of this inquiry
he will decide whether further action is necessary and if so, whether the officer
charged should be departmentally tried, or whether the District Magistrate should
be moved to take cognizance of the case under the Criminal Procedure Code;
provided that before the District Magistrate is moved by the Superintendent of
Police to proceed criminally with a case under Section 29 of the Police Act or
other non-cognizable section of the law against an Inspector or Sub-Inspector,
the concurrence of the Deputy Inspector General must be obtained. Prosecution
under Section 29 should rarely be instituted and only when the offence cannot be
adequately dealt with under Section 7.

487. Proceeding, when a police officer negligently or willfully lets a


prisoner escape.- If any Police Officer negligently or willfully lets a prisoner
escape departmental proceedings under Section 7 of the Police Act will
invariably be taken. The punishment awarded, unless there are unusual
extenuating circumstances, will ordinarily be dismissal. Before the final
punishment order in the departmental proceedings is passed, Superintendents of

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Police must refer to their range Deputy Inspector General in each case for a
decision whether prosecution should be instituted. Cases should not be
prosecuted unless definite evidence is available to show connivance or criminal
negligence.

B – Judicial Trial

488. Judicial trial of a criminal charge against a Police Officer.- A


criminal charge against a Police Officer, superior in rank to a head constable shall
in a separation district be tried by the Additional District Magistrate, Judicial.
Elsewhere, such a case will be tried by a Judicial Officer having a lease four
years’ experience of Judicial work. In case a Judicial Officer with the requisite
experience is not available, the District Magistrate, will keep the case on his own
file and transfer it to the Additional District Magistrate, Executive.

C – Departmental Trial
489. Departmental trial of police officer u/s 7 of Police Act.- Police
Officer may be departmentally tried under Section 7 of the Police Act:
(1) whether he has or has not been tried judicially;
(2) after a magisterial inquiry under the Criminal Procedure Code;
(3) after a police investigation under the Criminal Procedure Code or a
departmental inquiry under paragraph 486 (III) above.

489-A. Proceeding under section 7 of Police Act done by a Gazetted


Officer.- A Gzetted officer who is either a prosecution witness in a case or has
earlier conducted a preliminary inquiry in that case shall not conduct the
proceedings under Section 7 of the Police Act in that case. In case the Gazetted
officer concerned is a Superintendent of Police himself and there is no additional
Superintendent of Police in that district, the Deputy Inspector General of Police
concerned should be moved to transfer the case to some other district.

490. Special provisions relating to cases in which police officers are


dealt with departmentally as the result of judicial trials or magisterial

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enquiries.- Special provisions relating to cases in which Police Officer are dealt
with departmentally as the result of judicial trials or magisterial enquiries are
given in paragraphs 493 and 494; those relating to petty punishment cases in
paragraphs 495. Subject to those provisions, the departmental trials of Police
Officers must be conducted in accordance with the following rule;
(1) After the preliminary inquiry, the substance of the accusation must
be reduced to the form of a charge which must be as precise as possible. The
charge must be read and explained to the officer charged and a copy of the charge
must be given to him.
(2) The officer charged should then be asked whether he accepts the
charges framed against him or denies them. His reply, which may be oral or in
writing, should be produced before the Superintendent of Police within such fixed
period as the Superintendent of Police may consider reasonable and which, in the
case of a written reply shall not be less than 48 hours. No detailed explanation is
required from the officer charge at this stage. If the officer accepts the charge, it
will not be necessary to record any prosecution evidence against him. If,
however, he denies the charge, as much evidence must then be placed on record
as the Superintendent of Police considers necessary to establish a charge under
Section 7 of the Police Act. The evidence may be either oral or documentary and
must be material to the charge. If oral –

(a) It must be direct i.e., if it is a fact which can be seen or otherwise


perceived, it must be the evidence of a person who said he saw or
otherwise perceived it;
(b) It must be recorded by the Superintendent of Police in the presence
of the party charged who will be allowed to cross-examine the
witnesses. Statements recorded by a Gazetted Police Officer in the
course of preliminary enquiries into the conduct of the party charged
or statements recorded by a Magistrate shall be admissible and need
not be recorded again if these are read out and admitted by the
witnesses in the presence of the party charged and the party charged
is given an opportunity to cross-examine the witnesses.

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(3)(a) When documents are relied on in support of the charge they should
be put in evidence as exhibits and the officer charged must, before he is called
upon to make his defence, be allowed to inspect and be given copies of such
exhibits free of charge. Documents should not be put in as exhibits when their
contents are inadmissible as evidence under Rule 2(a) and (b) above, for example
statements of witnesses made to subordinate officers and reports of the findings
and opinions of such officers are not evidence, and such statements and findings
should not be exhibited. Statements made to subordinate officers may, however,
be used by the Superintendent of Police to test the veracity of witnesses out, while
doing so, copies of such statements should be placed as exhibits.
If the Government servant desires copies of any document or documents
other than those mentioned above, and these documents are considered relevant
by the inquiring officer, the copies of the same may be given to him on payment
of copying charges. If the inquiring officer considers the documents required by
the party charged as irrelevant or not relevant to the proceedings, he may refuse
to supply copies of the same after recording in writing the reasons for so refusing.
(b) Certified copies of public records need not be proved.
(c) Evidence regarding the fact that a Police Officer lives beyond his
means should be regarded as a strong presumption for the view that he accepts
illegal gratification. In such cases evidence of general repute, even though it may
not be strictly direct, should be admitted.
(d) Documentary evidence of experts of a formal nature may be
admitted without the necessity of calling these witnesses to prove the documents.
Similarly exhibits which are admitted by the accused need not be formally
proved.
(4) If, after recording the prosecution evidence the Superintendent of
Police considers it necessary to make any addition or alteration in the charge he
will issue a copy of the amended charge to the officer charged and explain to him
the implications of the amended charge. The officer charged will then be given
a further opportunity to cross-examine the prosecution witnesses on points which
own to the amended charge, may have become relevant.
(5) The officer charged must be invited to file a written statement of
defence within such fixed period, not less than a week as the Superintendent of

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Police may consider reasonable. He should also at this stage be asked whether
he wishes to produce any defence witnesses or to file any documentary exhibits.
If so, he must, along with his written statement in defence, give the names of the
witnesses, details of the documents and indicate what he expects each witness or
document to prove. If the Superintendent of Police considers that the evidence
of any witness or any document, which the officer charged wishes to produce in
his defence, is unlikely to be material to the issue of the case, he may refuse to
call such witness or allow such document to be produced in evidence, but in such
case, he must briefly record his reasons for so refusing. He must then either call
the remaining witnesses himself or at the request of the officer charged allow him
to produce them by a given date. It should be made clear to the officer charged
that he will not be allowed to prolong proceedings by vexatious delays in
producing his written statement or defence witnesses and that, if he fails without
good reason to produce them on the date fixed the case will proceed without them.
(6) On receipt of the written explanation of defence, the oral statement
of the officer charged must also be recorded by the Superintendent of Plice in
order to confirm the written explanation or to clarify any other points which may
be considered necessary.
(7) The statements of defence witnesses must then be recorded by the
Superintendent of Police who may cross-examine the witnesses on any points
which he may consider necessary.
(8) The Superintendent of Police must write a finding. In the finding he
must confine himself strictly to the subject of the charge and to the evidence on
the record and must discuss every relevant plea raised by the officer charged.
After arriving at a conclusion on the facts in issue, he should, if he had found the
charge proved, take into consideration the character and previous conduct of the
officer charged, before deciding what punishment, if any, is prima facie suitable.
Should the Superintendent of Police consider that either dismissal, removal or
reduction in an appropriate punishment he should in all cases in which he is
empowered to inflict such punishments, supply the officer charged with a copy
of his finding and call upon him to show cause within a reasonable time (which
shall not be less than one week) against the imposition of these punishments. It

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should be made clear to the officer charged that any representation that he may
make in this respect will be considered before any order of punishment is passed.
(9) In all cases in which the Superintendent of Police proposes the
dismissal or removal of Inspectors or Sub-Inspector he shall forward the cases to
the Deputy Inspector of Police through the District Magistrate for final orders.
(10) When the Deputy Inspector General considers that the appropriate
punishment is likely to be dismissal, removal or reduction, he shall cause a copy
of the finding of the Superintendent of Police to be delivered to the officer
charged and shall simultaneously call upon him to show cause against the
imposition of these punishments.
The officer charged will be asked to submit his written representation, if
any, within such fixed period, not less than one week, as the Deputy Inspector
General considers reasonable. In all cases the Deputy Inspector General must
also record the oral statement of the officer charged before he writes his finding
and order.
(11) In any case in which the Superintendent of Police considers that
special circumstances justify a departure from any of these rules, he should record
reasons for his decision, and in any such case it will be for the Superintendent of
Police to show in his finding that the officer charged has not been prejudiced by
this departure from the usual procedure.
(12) The officer charged shall not be represented by counsel in any
proceedings instituted under these rules.
(13) All or any of the functions exercisable by a Superintendent of Police
under these rules may be exercised by a police authority superior to a
Superintendent of Police.
(14) The Inspector General of Police or a Deputy Inspector General of
Police may, for reasons to be recorded in writing, either on his own motion or on
request from an officer holding a departmental trial under Section 7 of the Police
Act, transfer a case to any other officer of corresponding rank.

491. Procedure followed by officer, when conducting departmental


trials.- The officers holding the posts enumerated in paragraph 479 (f) shall allow
the procedure prescribed in paragraph 490 when conducting departmental trials,

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and their orders shall, with the concurrence of the Superintendent of Police, have
the same executive force in all cases as the orders of the Superintendent of Police
except in cases in which the officer conducting the proceedings recommends the
dismissal or removal of constable or under-officer. In such cases the
Superintendent of Police shall (if this has not already been done) give the officer
a copy of the finding of the Inquiring officer and ask him to show cause within a
reasonable time (which shall not be less than one week) why such punishment
should not be imposed. All orders of dismissal or removal of an under officer or
constable must be passed by the Superintendent of Police himself and any case
in which a Superintendent of Police concurs in a proposal to dismiss or remove a
Sub-Inspector of any breach of the force must be forwarded to the Deputy
Inspector General of the range for orders.

492. The result of judicial trial of a police officer should be awaited.-


Whenever a police officer has been judicially tried, the Superintendent must
await the decision of the judicial appeal, if any, before deciding whether further
departmental action is necessary.

493. When a police officer tried judicially, the S.P. has no power to
re-examine.- It will not be permissible for the Superintendent of Police in the
course of a departmental proceeding against a Police Officer who has been tried
judicially to re-examine the truth of any facts in issue at his judicial trial, and the
finding of the Court on these facts be taken as final.
Thus, (a) if the accused has been convicted and sentenced to rigorous
imprisonment, no departmental trial will be necessary, as the fact that he has been
found deserving of rigorous imprisonment must be taken as conclusively
providing his unfitness for the discharge of his duty within the meaning of
Section 7 of the Police Act. In such cases the Superintendent of Police will
without further proceedings ordinarily pass an order of dismissal, obtaining the
formal order of the Deputy Inspector General when necessary under paragraph
479(a). Should he wish to do otherwise he must refer the matter to the Deputy
Inspector General of the range for orders.

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(b) If the accused has been convicted but sentenced to a punishment less
than of rigorous imprisonment a departmental trial will be necessary, if further
action is thought desirable, but the question in issue at this trial will be merely
(1) whether the offence of which the accused has been convicted amounts to an
offence under Section 7 of the Police Act, (2) if so, what punishment should be
imposed. In such cases the Superintendent of Police will (i) call upon the accused
to show cause why any particular penalty should not be inflicted on him, (ii)
record anything the accused officer has to urge against such penalty without
allowing him to dispute the findings of the Court, and (iii) write a finding and
order in the ordinary way dealing with any plea raised by the accused officer
which is relevant to (1) and (2) above.
(c) If the accused has been judicially acquitted or discharged, and the
period for filing an appeal has elapsed and / or no appeal has been filed the
Superintendent of Police must at once reinstate him if he has been suspended; but
should the findings of the Court not be inconsistent with the view that the accused
has been guilty of negligence in, or unfitness for, the discharge of his duty within
the meaning of Section 7 of the Police Act, the Superintendent of Police may
refer the matter to the Deputy Inspector General and ask for permission to try the
accused departmentally for such negligence or unfitness.

494. Procedure, when an inquiry of the conduct of a police officer


held by a D.M. or S.D.M.- When a Police Officer of or below the rank of
Inspector has not been criminally prosecuted, but an inquiry into his conduct has
been held by a District Magistrate or by a subordinate Magistrate whose finding
has been accepted by the District Magistrate, the accused must be tried
departmentally by the Superintendent of Police, if he does not accept the findings
of fact of the Magistrate shall be bound at the request of the District Magistrate
to refer the question to the Deputy Inspector General of Police.

Orderly Room
495. Orderly room for constables and head constables.- Report of
petty breaches of discipline and trifling cases of misconduct by members of the
force not above the rank of head constable, will, as far as possible, be inquired

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into and disposed of in orderly room if the offender is at headquarters. The


Superintendent of Police or other Gazetted officer in charge at headquarters
should hold orderly room in the lines of Kotwali on two or more fixed days in
the week The orderly room register, Form NO. 133, will take the place of Section
7, Form No. 133 in such cases. The reserve Inspector will fill up the four columns
of thi register and assemble the persons whose attendance is necessary. The
punishments enumerated in paragraphs 478 (c) (d) and (f) may be given after
proceedings in Form No. 103. Any member of the force will be permitted to
attend orderly room to make a personal application or representation, provided
that he can be spared from duty and intimates his intention in writing to the officer
to whom he is immediately subordinate. If the officer is satisfied that the
applicant is entitled to a personal hearing he must initial the intimation and
instruct him to attend orderly room with it; if he withholds permission, he must
report his reasons in writing to the Superintendent.

Suspension
496. Suspension of police officers.- All Police Officers are liable to
suspension during a departmental or judicial inquiry into a charge of misconduct.
The suspension of an officer may be ordered by the authority who has the power
to give him any form of departmental punishment, e.g., the Superintendent of
Police may suspend an inspector even though he cannot dismiss him.
The Superintendent of Police should suspend until the trial is over, any
Police Officer whose prosecution has been ordered by him or by the Deputy
Officer whose prosecution has been ordered by him or by the Deputy Inspector
General, or who is prosecuted as a result of a magisterial inquiry. If a prosecution
is instituted by a private person on complaint, the Superintendent of Police must
decide whether the circumstances of the case justify the suspension of the
accused.
The suspending authority will pass provisional orders at the time of
suspension, fixing the rate of suspension allowance under Fundamental Rule 53
(c) and also for the payment of horse allowance up to a limit of three months, in
the case of an officer who maintains a horse, the officer will be at liberty to
dispose of his horse.

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497. Head constables and constables under suspension may be


required to live in lines.- Head constables and constables under suspension may
be required by the Superintendent of Police to live in lines but should not be
subject to stricter restraint that officers of their own rank who are in the lines on
duty. They should be allowed to leave the lines to consult their legal advisers or
to prepare their defence. The same orders apply in the case of sub-inspectors
under suspension, provided there is suitable accommodation for them in the lines.
If a police officer who is placed under suspension is required to live in the
Police Lines, the order of suspension must contain instruction to this effect.
These orders do not apply in the case of a police officer who is released on
bail by a Court of Law and placed under suspension, but the Superintendent of
Police may order such an officer to keep him informed of his movements.

498. Payment after the reinstatement of a police officer.- The


authority who orders the re-instatement of a police officer after suspension must,
subject to the provisions of the Civil Service Regulations and Fundamental Rules,
direct at what rate he is to be paid during the period of suspension, and whether
the period is to count for pension. This order will not affect the grant of horse
allowance to the officer which is governed by the third sub-paragraph 496 above.
The authority who order the re-instatement of a police officer after
suspension must confirm or revise the original order so far as it relates to payment
of pay and allowance during the period of suspension according to the result of
the case and subject to the provisions of Fundamental Rule-54. The orders
regarding the payment of horse allowance will not need revision as this allowance
will be drawn up to a period of three months irrespective of the result of the case.
If on appeal or revision a police officer, who has been dismissed or
removed, is ordered to be re-instated and retried but fails to rejoin duties within
a fortnight from the date of the receipt of the order, the authority empowered to
dismiss, remove or reduce the person in rank may presume that it is not
reasonably practicable to give the said officer an opportunity of showing cause,
and may, after recording the reasons in writing take proceedings in absentia.

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499. No conveyance allowance may be paid for the period of


suspension.- No conveyance allowance as distinct from horse allowance may be
paid for the period of suspension without the sanction of the Deputy Inspector
General in cases in which the entertainment of a petition for revision or appeal is
within his competence, or of the Governor in Council or Inspector General of
Police in other cases. Officers passing orders about the payment of salary need
refer the question of paying conveyance allowance as distinct from horse
allowance to higher authority only if they recommend payment; suspension
automatically causes withdrawal of this allowance unless orders are passed to the
contrary.

500. Censuring the conduct of a police officer.- (a) Where a court


censures the conduct of a police officer an inquiry must be made immediately
into the points which the court had held deserving of censure, without waiting for
the result of an appeal, if any.
(b) If the officer whose conduct is censured is a Superintendent of
Police the Deputy Inspector General of Police of the range will conduct the
inquiry. On completion thereof, he will forward a report to the Commissioner.
(c) If the Commissioner considers that no further action is necessary, he
will record his opinion and forward a copy of the report of the Deputy Inspector
General and his opinion to Government and sending similar copies to the
Inspector General. If he considers that further action is desired, he will record
his opinion and forward the papers to the Inspector General and send a copy to
Government.
(d) If the officer whose conduct is censured is below the rank of
Superintendent of Police, the Superintendent of Police of the district will conduct
the inquiry, either in person or through a gazetted officer. On completion thereof,
he will forward a report to the District Magistrate.
(e) If the District Magistrate considers that no further action is
necessary he will record his opinion and forward copies of the Superintendent of
Police’s report and his opinion to Government through the Commissioner
sending similar copies to the Deputy Inspector General of the range. If he
considers that further action is necessary he will record his opinion and return the

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papers to the Superintendent of Police, sending copies to Government. The


Superintendent of Police, will in due course intimate to the District Magistrate
the action which he has taken.

501. Defence of the Act of police officer done in his official capacity,
will be defended at the expense of the State.- (1) Every Police Officer against
whom civil or criminal proceedings are instituted otherwise than by the
Government in respect of any act purporting to have been done in his official
capacity will be defended at the expense of the State when he desires to be so
defended and it appears to Government that he has acted honestly and with due
care and attention.
(2) The attention of all Police Officers is drawn to the provision of
Section 42 of the Police Act. They are reminded, however, that, in so far as civil
suits and proceedings are concerned, that section is no longer in force, and such
suits and proceedings are now governed by the ordinary law of limitation
embodied in the Limitation Act, 1963.
(3) Where the orders of Government on an application of an officer for
his defence by Government are not received one week before the date fixed for
the hearing of the case against him, the officer should apply to the court for an
adjournment. If the court does not sanction the applications for adjournment, the
officer will make his own arrangements for his defence and may apply through
the Superintendent of Police and District Magistrate, to the Inspector Generla of
Police to be given an advance not exceeding Rs.300 in amount to meet the
expenses of his defence.
Such advance, if sanctioned, will be recoverable, or adjustable against the
amount, if any, which may, on the conclusion of the case, be sanctioned by
Government, for payment to the officer under the provisions of paragraphs
501(7)(e) and 501(8)(i). Simple interest at 5 per cent per annum will be charged
on the balances outstanding on the last day of each month. Applications for such
advances will be in the form of an agreement to be executed by the borrower, to
repay, if necessary, by instalments as determined by the Inspector General of
Police, from the pay or pension of the recipient. At the time of sanction of the
advance, the Inspector General of Police will determine the amount of each

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monthly instalment in which, should the advance become recoverable, it will be


refunded. The amount of each instalment should be in whole rupees except in
the case of the last instalment and should be determined in such a way that, in the
event of full recovery being necessary, the number of instalments should be
reasonable having regard to the amount of advance sanctioned and the monthly
pay of the recipient. Interest will be recoverable in one or more instalments or
the same, or nearly the same, amount as the instalments of the principal, after the
principal has been completely recovered.
(4) Where a case in which Government have defended an officer is
successful and the officer is awarded costs, damages or compensation, the
expenditure incurred by Government up to the limit of such costs, damages or
compensation as may be recovered by him will be refunded by him.
(5) In the case of a police officer belonging to the Criminal Investigation
Department or to the Railway Police, the Magistrate of the district in which the
case is instituted shall be the District Magistrate for the purpose of the following
rules.
(6) Whenever under these rules a communication or report is required
to be made by a police officer to the Collector or District Magistrate such
communication or report must in all cases where the Police Officer is
subordinate to a Superintendent of Police be submitted through the
Superintendent of Police.
E – Civil Suits and Proceedings
7(a) Under Section 80 of the Code of Civil Procedure no suit can be
brought against a public officer in respect of any purporting to have been done
by such public officer in his official capacity, without two months’ previous
notice, which must be delivered to him or left at his office.
(b) Any officer who receives notice under Section 80 of the Code of
Civil Procedure of a threatened suit against him shall, unless he is prepared to
admit to the claim, at once inform his superior officer and shall without any delay
prepare as full a narrative as possible of the fact which have led to the notice and
of the defence which he would propose in the event of suit being filed. He will
then forward the narrative to the Collector who will obtain the opinion of the
Government Pleader. The Government Pleader may obtain from the officer

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concerned any further information that may be necessary for expressing an


opinion. If the notice be in the form of a plaint, the Government Pleader will
prepare a draft written statement. The Collector will forward the narrative with
the Government Pleaders’ opinion and the draft written statement (if any) direct
to the Legal Remembrancer, taking care that the papers reach the latter officer at
least three weeks before the expiry of the period of grace contained in the notice,
and will at the same time report whether it is probable in the threatened suit will
be brought or not. The Legal Remembrancer will, after communicating with the
Inspector General of Police, obtain the orders of the Government as to whether
the suit should be defended at their expenses. In case the Government undertake
the defence of the suit, the procedure to be followed, if the suit is filed will be the
same in every respect as in a suit against the Government.
(c) If a suit is brought against a public officer in respect of an act
purporting to have been done in his official capacity, without the previous notice
required by Section 80 of the Code of Civil Procedure, he should unless sufficient
time has been given for the order of the Government to be obtained, give
immediate notice to the Collector of the district, who will instruct the
Government Pleader to apply for an adjournment.
(d) Where a superior Police Officer receives information under the
provisions of paragraph 501 (7) (b), above of a threatened civil suit against a
Police Officer subordinate to him, he shall immediately report the fact and submit
a brief narrative of the circumstances through the proper channel to the Inspector
General.
(e) In any case in which either the Government are not prepared to
undertake the defence of the suit or the officer has engaged his own counsel under
the provisions of paragraph 501 (3), the Government, if satisfied that the officer
acted honestly and with due care and attention, may defray any reasonable charge
which may have incurred in defending himself or in satisfying any decree which
may have been passed against him or in settling the matter out of court.
(f) In a civil suit if a decree is passed against the Police Officer,
Government will not be bound to pay the decretal amount and will in addition
have the right to recover the costs incurred by Government in defending the suit.
Criminal Proceedings

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(8) (a) In the case of criminal prosecutions instituted against superior


officers, the provisions of Section 197, Criminal Procedure Code, are applicable
and will be followed.
(b) When a Police Officer is accused of committing an offence on the
ground of some act done by him in his official capacity, he shall at once inform
his superior officer and unless he desires to be defended at the expenses of
Government in accordance with the following provisions, shall make its own
arrangements for his defence, either with or without the aid of counsel. The
Superintendent of Police or other superior officer will at once inform the
Inspector General through the proper channel of every case in which a Police
Officer has been accused of committing an offence.
(c) A Police Officer accused of having committed an offence on the ground
of some act by him in his official capacity may apply to be defended at the
expense of Government. Such application should in the first place be made to
the Superintendent of Police. If the charge is of such a trivial nature that it can
be adequately met by the personal appearance of the accused officer, the
Superintendent of Police will advise the officer to defend himself in person. In
other cases the Superintendent of Police will forward the application through the
District Magistrate to the Inspector General, together with his opinion whether or
not the officer should be defended at Government expense. If he is of opinion
that officer should be defended, and if for any reason, the desirable, the
Superintendent of Police will recommend the appointment of counsel at
Government expense. When forwarding the application to the Inspector General,
the District Magistrate should state whether in his opinion the accused officer
should be defended by the Public Prosecutor or failing him by counsel at
Government expense or should be required to engage his own counsel for his
defence. The Inspector General of Police on receipt of District Magistrate’s
recommendation will obtain the order of Government as to whether the accused
officer may be defended by the Public Prosecutor or by counsel at Government
expense.
(d) When a police officer is defended at Government expense under this
paragraph his defence shall, in any case in which he is committed for trial by a

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Court of Session, be deemed to cover his defence both during the inquiry in the
Magistrate’s Court and during the trial in the Court of Session.
When a Police Officer whose defence has been undertaken at Government
expense is discharged by the Magistrate, but has again to defend himself on an
application for revision of Magistrate’s orders, the officer may continue to be
defended at Government expense with the sanction of the Inspector General. The
Inspector General, may, however, refuse the defence of the officer at Government
expense in respect of such revision application if the Magistrate’s order or other
information in his possession discloses sufficient ground for such refusal.
(e) When any person who is prosecuted by the police brings a cross case
against the Police Officer responsible for his prosecution the accused officer may
be defended by the Public Prosecutor in the lower court and by the District
Government – Counsel in the Sessions Court; provided that the defence of the
officer is fully consistent with the theory of the prosecution in the case instituted
by the police.
(f) If a police officer is convicted of the offence of which is is accused
and desires to appeal, he must engage his own counsel but in such case the
Government may, in accordance with the following rules, subsequently pay
reasonable expenses for his defence.
(g) At the conclusion of the inquiry or trial in the Magistrate’s court, or
the trial in the Session Court, of a Police Officer accused of committing an
offence on the ground of some act done by him in his official capacity, or after
the decision of an appeal, if any, in a case in which a Police Officer has been
convicted his superior officer will at once send a copy of the judgment with any
other relevant papers to the District Magistrate together with his opinion whether
or not the officer acted honestly and with due care and attention.
(h) The District Magistrate will forward the judgment with the opinion
of the superior officer to the Inspector General of Police, together with his own
opinion whether or not the officer acted honestly and with due care and attention.
Whether or not the District Magistrate considers that the officer acted honestly
and with due care and attention, he will in every case state what in his opinion
should be regarded as the reasonable expenses of the defence.

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(i) In making his recommendation as to what may be regarded as


reasonable expenses, the District Magistrate will be governed by the following
principles :
(1) The sanctioned rates of counsel’s fees payable to the
Government Pleader should be kept in mind and the
maximum fee recommended should not exceed Rs. 50 for a
full day’s work and Rs.25 for a half day’s work.
Work for over 3 hours in any court or courts will count as a full day’s work,
work for 3 hours or less will count as a half day’s work.
(2) Not more than one counsel should be paid for each hearing.
(3) No payment should be made for extra expenses incurred by
the engagement of a counsel outside the district.
If in any case the District Magistrate considers that these principles would
operate unfairly, he should justify a departure from them.
(j) The Inspector General of Police on receipt of the District
Magistrate’s recommendation will obtain the orders of the Government as to the
amount, if any, which should be paid to the officer for the expenses of his
defence.
(k) Whenever in a criminal case a Police Officer is convicted,
Government may realise from him the cost incurred by the Government in his
defence. In such a case Government will further not be bound to pay the fine if
imposed by the Court on the Police Officer though the case may initially have
been defended at Government expense.

502. Procedure, when a medal winner police officer is convicted.-


When any Police Officer possessing one or more of the following medals.- A
Field Service Medal, a King’s Police Medal, an Indian Police Medal, a
Commemoration Medal – is convicted and sentenced to rigorous imprisonment
the Superintendent of Police should report the fact to the Inspector General of
Police for consideration, whether the medal or medals should be forfeited on
submitting his report the Superintendent of Police should give the full fact of the
case and forward a copy of the judgment of the court.

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503. Procedure, when a police officer is arrested on a criminal


charge.- If a Police Officer, not being on leave, is arrested on a criminal charge
in a district other than that to which he is posted, the Superintendent of the district
in which he has been arrested shall inform the Superintendent of the district to
which he is posted.
504. Certificate of discharge to every officer leaving the force.- Every
officer leaving the force is entitled to a certificate of discharge in Form No. 26.
The cause of leaving the force should be stated (e.g., dismissed, resignation, etc.)
but the reasons of the dismissal etc. should not be inserted except at the wish of
the applicant.
505. Resignation of a police officer.- A Police Officer of the rank of
Inspector or below can resign his office on giving in writing two months’ notice
of his intention to resign but he shall not withdraw from the duties of his office
until such time his resignation has been formally accepted by the appropriate
authority and he has fully discharged any debt by him as such Police Officer to
Government or to any police fund :
Provided that such a resignation may be accepted by the authority with
effect from a date prior to the date of expiry of the notice :
Provided further that the resignation of a police officer whose conduct is under
inquiry or who is being proceeded against departmentally under Section 7 of the
Police Act, 1861 (Act No. V of 1861) or tried in a court of law for any offence
may, in the discretion of such authority, not being accepted until such time the
final orders are passed as a result of such inquiry, proceedings or trial as the case
may be.

506. The police officer, whose conduct is under inquiry, may not be
granted leave.- Leave may not be granted to a Police Officer whose conduct
is under inquiry or is likely to become in the near future subject of inquiry, except
on medical certificate signed by the Civil Surgeon of the district to which the
Police Officer is posted. But if such Police Officer is under suspension, no leave
of any kind (including leave on medical ground) may be granted.

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507. Conditional resignations should ordinarily not be accepted.-


Sometimes an officer couples with a request for leave, or for redress, an offer to
resign his appointment if the leave or redress be not granted. Conditional
resignations of this kind should ordinarily not be accepted. Orders should be
passed only in regard to the application for leave or redress. If the officer is
dissatisfied with the orders passed he may appeal to higher authority or tender an
unconditional resignation.
[Construction of references]
[507-A. Construction of reference.- In this Chapter, any reference to
‘Inspector General’ or ‘Inspector-General of Police’ wherever occurring, shall –
(i) in relation to the members of the Pradeshik Armed Constabulary be
construed as a reference to the Inspector General of Police,
Pradeshik Armed Constabulary, Uttar Pradesh;
(ii) in relation to the personal of the Intelligence Department be
construed as a reference to the Inspector-General of Police,
Intelligence, Uttar Pradesh;
(iii) in relation to the personnel of Criminal Investigation Department be
construed as a reference to the Inspector-General of Police. Criminal
Investigation Department, Uttar Pradesh
(iv) in relation to the personnel of Training Institutions of Police
Department be construed as a reference to the Inspector General of
Police, Training, Uttar Pradesh
(v) in relation to the personnel of the Government Railway Police be
construed as a reference to the inspector-General of Police,
Railways, Uttar Pradesh]

CHAPTER XXXIII
APPEALS, REVISIONS, PETITIONS AND COPIES
OF OFFICIAL DOCUMENTS

Appeals
508. Rules, regulating appeals by gazetted officers.- For the rules
regulating appeals by gazetted Police Officers see the rules made by the Secretary

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of State in Council under sub-section (2) of Section 96-B of the Government of


India Act which apply to civil officers of all classes. The following rules based
on the above regulate appeals by officers of subordinate police, service, i.e. Police
Officers enrolled under Section 2 of the Police Act :
[I. Every police officer against whom an order withholding increments of
pay or promotion is passed under Chapter XXX, or an order awarding any of the
punishments enumerated in paras 478 (a) to 478 (bc) is passed is entitled to prefer
an appeal against such order to the authority prescribed below :]
(a) to the Local Government if the order is an original order of the
Inspector General of Police;
(b) to the Inspector General of Police if the order is an original of the
Deputy Inspector General or an order of the Deputy Inspector
General concurring with an original order of the Superintendent of
Police or an Assistant or Deputy Superintendent of Police
empowered by paragraph 479 (f) in a case in which the concurrence
of the Deputy Inspector General is required by rule : provided that
when the Deputy Inspector General of Police whose order is the
subject-matter of appeal, is subsequently appointed Inspector
General of Police, the appeal shall lie to and be decided by the Local
Government;
(c) to the Deputy Inspector General if the order is an original order of
the Superintendent of Police with which the concurrence of the
Deputy Inspector General is not by rule required;
(d) to the Deputy Inspector General if the order is an original order of
any of the officers enumerated in paragraph 479 (f) with which
concurrence of Deputy Inspector General is not by rule required.

II. Every officer desiring to prefer an appeal shall do so separately.

III. Every appeal preferred under these rules shall contain all material
statements and arguments relied on by the officer preferring the appeal shall
contain no disrespectful or improper language and shall be complete in itself.
Every appeal must be accompanied by a copy of the final order which is the

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subject of appeal. Petitions of appeal filed by Government servants and the


copies of final orders against which appeals are filed are not chargeable with
stamp duty. Copies of other documents, filed with the appeal must be stamped
under Section 6 of Court Fees Act (see Article 9 of Schedule I) unless they have
to be stamped under the Indian Stamp Act, Article 24, Schedule I (vide pages
104, 105, 186 and 187 of the Uttar Pradesh Stamp Manual), See also paragraph
517.

IV. Every appeal whether the appellant is still in the service of


Government or not must be submitted through the Superintendent of Police of
the district, or in the case of officers not employed on district work through the
head of the office to which the appellant belongs or belonged. Appeals may not
be submitted direct to any appellate authority.

V. Every appeal shall be preferred within three months after the date
on which the officer preferring the appeal was informed of the order against
which he appeals.
Provided that the appellate authority may, at its discretion for good cause
shown extend the period to six months.

VI. The Inspector General of Police may withhold an appeal to the


Government-
(1) which is an appeal in a case in which under these rules no appeal
lies;
(2) which does not comply with the provisions of Rule VI;
(3) which is a further appeal presented after a decision has been given
by the appellate authority prescribed in these rules and no new facts
or circumstances are adduced which afford grounds for a
reconsideration of the case.
The Superintendent of Police or any authority of higher rank may withhold
an appeal –
(4) which does not comply with one or more of the provisions of Rule
IV or V:

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Provided that in every case in which an appeal is withheld the officer


preferring the appeal shall be informed of the fact and of the reasons for it.

VII. No appeal shall lie against the withholding of an appeal by a


competent authority :
Provided that an appeal withheld for failure to comply with the conditions
stated in Rule IV or V shall not be withheld if it is re-submitted in a form which
complies with these rules within the original period of appeal.

VIII. The Inspector General of Police or a Deputy Inspector General of


Police may, for reasons to be recorded in writing, either on his own motion, or
on a request from the officer empowered to hear an appeal transfer of an appeal
to any other officer of corresponding rank.
Nothing in this rule will entitle an appellant to apply for a transfer of an
appeal, and no appeal shall lie against an order passed by the Inspector General
of Police or Deputy Inspector General of Police under this sub-paragraph.

509. Procedure, when the appeal admitted.- When the appellate


authority admits the appeal and sends for the record, all the papers should be
submitted, which were considered by the officer against whose order the appeal
is made, including the character and service-roll of the officer punished.
Copies of orders passed in appeal which are furnished to the
Superintendent of Police by the appellate authority should invariably be recorded
with the departmental punishment file and should be submitted therewith when
the record is called for.

510. Declaration of appellate authority in cases of successful appeal.-


In cases of successful appeal against orders of dismissal the appellate authority
should declare whether the period of enforced absence from duty is to count
towards pension.

Revision

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[511. Procedure of Revision.- (a) The power of revision, may in the case
of all orders against which an appeal would lie under paragraph 508 (1) be
exercised suo motu by any authority to whom the appeal would lie.
(b) Without prejudice to the provisions of Clause (a), the Inspector
General of Police may revise an order of a subordinate authority in non-
appealable cases and also in cases of acquittal.
(c) No record of a case decided by a subordinate authority shall
ordinarily be called for after six months from the date of the order sought to be
revised.
(d) No order adversely affecting to Government servant shall be passed,
in exercise of revisionary powers, ordinarily after six months from the date of
receipt of records except for very special reasons to be recorded in writing.
(e) No authority shll suo motu exercise the power of revision in any case
more than once.]
Note.- In view of the addition of par I-A in the regulation, this para may
also require consideration for including the Additional Inspector General of
Police. Whether the orders passed by the Additional Inspector General of Police
will be deemed to be the order of Inspector General of Police and the Government
will entertain the revision / petition against his order, may also arise for
consideration.

512. Procedure, when appeal is rejected.- An officer whose appeal has


been rejected by any authority subordinate to the Local Government is entitled to
submit an application for revision to the authority next rank above that by which
his appeal has been rejected. On such an application the power of revision may
be exercised only when, in consequence of some flagrant irregularity, there
appears to have been material injustice or miscarriage of justice.
The procedure prescribed for appeals applies also to applications for
revision. An application for revision of an order rejecting an appeal must be
accompanied by a copy of the original as well as of the appellate order.

[513. Enhancement of punishment.- A punishment may be enhanced


by–

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(a) an appellate authority on appeal; or


(b) any authority superior to the authority to whom an appeal would lie,
in exercise of revisionary powers;
Provided, in either case, that before enhancing a punishment, the
competent authority shall call upon the officer punished to show cause why
his punishment should not be so enhanced, and that an order of an appellate
authority so enhancing a punishment shall, for the purpose of appeal, be
deemed to be an original order of punishment.]

514. Rules for presenting a petition.- A police officer who has any
official grievance other than one covered by the rules relating to appeal and
applications for revision giving above may present a petition under the following
rules :
(a) The petition should, in the first place, be addressed to the officer the
lowest rank who is empowered to pass the desired order. A petition
addressed to a higher authority in contravention of rule will be
summarily rejected. It must be preferred within three months of the
date on which the officer submitting the petition was informed of
the order against which the petitions provided that the authority to
whom the petition is submitted may extend the time-limit to six
months if he is satisfied that the petitioner was prevented by
unavoidable circumstances, beyond his control from petitioning
within the prescribed limit of three months.
(b) Police officer subordinate to Superintendent, even if they are on
leave, may not present any petitions direct to officers superiors to
the Superintendent; they must submit their petition through the
Superintendent. The Superintendent is obliged to forward all such
petitions provided that they are framed in temperate and respectful
terms. If he rejects a petition because it is improperly written he
should return it to the petitioner with an order to this effect endorsed
on it. If he has any knowledge of the subject-matter he should when
forwarding the petition make a report explaining his action or
expressing his opinion.

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(c) When the Superintendent of Police has rejected a petition on a


matter which is within his competence the petitioner may submit a
further petition to the Deputy Inspector General in which case he
must attach to the petition a copy of the Superintendent’s order. If
this second petition be rejected by the Deputy Inspector-General an
application to the Inspector General against the orders of the Deputy
Inspector General will be only for revision. The Inspector General
will interfere in such cases only when in consequence of some
flagrant irregularity material injustice appears to have been done.
(d) Petitions addressed to magistrates must be stamped with court-fee
stamps of eight annas. Other petitions need not be stamped.
(e) Petitions to Government should take the form of memorials and be
prepared according to the rules governing the submissions of
petition to the Governor or the Government of Uttar Pradesh. The
Inspector General of Police is empowered, at discretion, to withhold
petitions in certain circumstances specified in these rules and in
particular, he has power to withhold any petition which is a
representation by a person who is, or has been employed as an
officer or member of the police force when it is a petition.
(f) No officer may submit a petition in respect of any matter connected
with his official position unless he has some personal interest in the
matter.
(g) No petition would lie against punishments mentioned in sub-
paragraphs (e) to (f) of paragraph 478 of the Police Regulations.
(h) No notice will be taken of a petition relating to any matter connected
with the official prospects or position of an officer unless it is
submitted by the officer himself.
(i) Without prejudice to the rights of recognized Service Associations
every officer wishing to petition any authority shall do so separately.

515. Police officers of all ranks are forbidden to approach officials of


other departments.- Police Officers of all ranks are forbidden to approach
officials of other departments, members of legislatures, or private persons for

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support in pressing claims or obtaining redress of grievances, whether by means


of questions in Council or letter of recommendation addressed to their superior
officers, or otherwise. Police Officers are also forbidden to obtain interviews
with Members of, or Secretaries to Government without the permission of the
Inspector General.

516. Police officers of all ranks are forbidden to petition for


promotion.- Except as provided by rule, Police Officers of all ranks are
forbidden to petition for promotion and superior officers are forbidden to
recommend their subordinate for particular posts unless ordered to do so, by the
authority competent to fill such posts.

Copies of official documents


517. Issuing free of charge copies of official documents to an officer
against which an application for revision or petition lies under the rules.- An
officer is entitled to receive free of charge one copy only of any order against
which an application for revision or petition lies under the rules in this chapter.
Thus in cases in which an application lies for revision of an appellate order, a
copy of that order will be given free but the fresh copy of the original order which
must also accompany the application must be paid for at the usual rates.
Note.- The word ‘order’ includes (for the purpose of this paragraph but not
for the purpose of paragraph 508 (IV) the charge or charges which are the subject
of inquiry and the findings (if any) of any officer, whose concurrence to the order
of punishment is required (except such findings of which copies have already
been given to the officer under paragraph 490 or 491. An application for a copy
of the final order and the copy itself are exempted from the court fee and stamp
duty under item 42 of Appendix CIII and item 59 of Appendix CII of the U.P.
Stamp Manual. If a punished officer applies for a copy of the final order and
expresses his intention of going in appeal, he will automatically be given without
formal application a free copy of the document mentioned above. Only the copy
of the final order which alone will be filed with the appeal, is to be certified as a
true copy. If an officer applies for copies of other documents, or when he is
applying in revision for a copy of any document other than the final order of the

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appellate authority, he must pay court-fees on the application and on the copies,
vide Article 1 (a), Schedule II and Article 9, Schedule I, Court Fees Act.

518. An officer is entitled on payment of the rates given to copies of


all papers material to an appeal.- An officer is entitled on payment of the rates
given in paragraph 519 to copies of all papers material to an appeal, application
for revision or petition which lies under the rules in this chapter confidential
papers the publication of which would be prejudicial to the administration.
Note.- Officer making reports in punishment cases should, as far as
possible, exclude all matters the publication of which might be prejudicial to the
administration.

519. Rules for payment of copies to private individuals.- Except as


required by law or regulations copies of police official correspondence and
records should rarely be given to private individuals or bodies. It would, for
instance, be improper to communicate information collected by the police for
official purposes to a commercial firm, to be used for advertising purposes, See
also Manual of Government Orders.

Whenever a Superintendent of Police is in doubt as to the propriety of


granting copies of official documents otherwise than as required by law or rule
he should refer to the Inspector General for orders. When copies are given to
private individuals or bodies payment must be made for them at the following
rates :
(i) For a copy containing not more than 1500 words [Rupee 1]
(ii) For every 300 words in excess of 1,500 words – Extra charge of 12
paise.
(iii) In calculating charges, each statement, report, etc. should be
regarded as a separate document, and should be charged for
separately.
(iv) The rates for copies of documents in Hindi or Urdu will be the same
as for documents in English.

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(v) If a copy of a book, register, map or plan is to be prepared, a suitable


charge should be fixed by the head of the office.
Copying charges should be recorded in each in advance and should be
credited as receipts to head Receipts – XIX – “Police – Miscellaneous. Other
Miscellaneous Receipt”, copies should be made by the ordinary staff of the office
concerned, without additional remuneration; but if absolutely necessary, at times
of pressure copyist may be employed for the purpose of a temporary basis.
All applications for copies, other than those for copies of orders which the
Government servants are entitled to receive free of charge under paragraph 77 of
the Manual of Government Orders, shall be subject to the payment of court-fee
prescribed under Article I of Schedule II of the Court Fees Act, 1870 (Act VII of
1870), as amended in its application to Uttar Pradesh. Except in the case of copies
of orders which the Government servants are entitled to receive free of charge,
the copies shall be issued on a general stamp of value prescribed under Article
24, Schedule I-B, of the Indian Stamp Act, 1899 (Act II of 1899), as amended in
its application to Uttar Pradesh, to be furnished by applicant himself.
Copies need not be written on impressed (copy stamp) order.
[519-A. Construction of reference.- Construction of reference.- In this
Chapter, any reference to ‘Inspector General’ or ‘Inspector-General of Police’
wherever occurring, shall –
(i) in relation to the members of the Pradeshik Armed Constabulary be
construed as a reference to the Inspector General of Police,
Pradeshik Armed Constabulary, Uttar Pradesh;
(ii) in relation to the personal of the Intelligence Department be
construed as a reference to the Inspector-General of Police,
Intelligence, Uttar Pradesh;
(iii) in relation to the personnel of Criminal Investigation Department be
construed as a reference to the Inspector-General of Police. Criminal
Investigation Department, Uttar Pradesh
(iv) in relation to the personnel of Training Institutions of Police
Department be construed as a reference to the Inspector General of
Police, Training, Uttar Pradesh; and

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(v) in relation to the personnel of the Government Railway Police be


construed as a reference to the inspector-General of Police,
Railways, Uttar Pradesh.

CHAPTER
TRANSFERS

520. Transfer of gazetted officers.- Transfer of Gazetted Officers are


made by the Governor in Council.
The Inspector General may transfer Police Officers not above the rank of
inspector throughout the province.
The Deputy Inspector General of Police of the range may transfer
inspectors, sub-inspectors, head constables and constables, within his range;
provided that the postings and transfers of inspectors and reserve sub-inspectors
in hill stations will be decided by the Deputy Inspector General of Police,
Headquarters.
Transfer which result in officers being stationed far from their homes
should be avoided as much as possible. Officers above the rank of constable
should ordinarily not be allowed to serve in districts in which they reside or have
landed property. In the case of constables the numbers must be restricted as far
as possible.
Sub-inspectors and head constables should not be allowed to stay in a
particular district for more than six years and ten years respectively and in a
particular police station not more than three years and five years respectively. In
the Tarai area (including the Tarai and Bhabar Estates) the period of stay of sub-
inspectors, head constables and constables should not exceed five years.
521. Transfer by D.G. (P).- The Inspector-General may, without the
sanction of Government-
(a) transfer to –
(i) foreign service within the province other than to service in an
Indian State, and
(ii) another department of Provincial Government, any
Government servant whom he can without reference to

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Government appoint or transfer in the ordinary course of


administration and my also fill any post so vacated by
promotion and enlistment when necessary, and
(c) subject to the same restrictions as in clause (a) transfer as
Government servant to a temporary appointment outside the
province for a period not exceeding two years in the first instance
and may extend the period of such temporary transfer up to a period
of two years.

522. Mutual exchange of constables and head constables.- The


Superintendent when proposing a transfer from the district should send the
character and service roll of the officer to be transferred.
With consent of the Superintendents concerned mutual exchange may be
arranged by head constables or constable. The proposed exchange shall be
reported to the Deputy Inspector-General. Travelling allowance will not be
payable on the occasion of such transfers.
523. Rules of joining time after transfer.- On receipt of n order of
transfer of a subordinate officer to another district the Superintendent will arrange
to relieve him of his duties within ten days.
Officers transferred are entitled to joining time, but the Superintendent
may not grant leave to an officer under order of transfer.
An inspector relieved on transfer from another district is entitled to sing a
certificate of tasking over charge from the date of arrival in the new district. If
the officers to be relieved cannot be present at headquarters, the charge certificate
should be signed for him by the Superintendent of Police, or, in his absence, by
an Assistant Superintendent of Police or Deputy Superintendent of Police. The
effect of this will be that an officiating officer will be considered to have been
reverted, and permanent incumbent’s joining time or leave or discharge, will be
counted from the date on which the relieving officer takes over charge.

524. The Superintendent may, within his district, transfer all officers of
and below the rank of inspector. In the case of inspectors and officers in charge
of police stations, he must before passing orders obtain the approval of the

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District Magistrate. Should the District Magistrate and Superintendent of Police


be unable to agree in regard to the transfer of any officer, the matter may be
referred to the Deputy Inspector-General of range for decision :
Provided that in the district where the Collector / Deputy Commissioner is
Collector / Deputy Commissioner-in-charge of the Division, his functions under
this sub-paragraph will be exercised by the Additional District Magistrate
(Executive).
Officers-in-charge of police stations shall ordinarily be retained in their
charges for at least two years. Subordinate officers at police stations should not
be transferred without good reason. No officer liable to station duty shall be
withdrawn from that duty for a longer period than one year, except in Kumaun
where the withdrawal of head constable for two years at a time from station duties
is permitted.

525. Transfer of constables in Armed and Civil Police.- Constable of


less than two years’ service may be transferred by the Superintendent of Police
from the armed to the civil police or vice versa. Foot police constables may be
transferred to the mounted police at their own request. Any civil police constable
of more than two and less than ten years’ service may be transferred to the armed
police and vice versa by the Superintendent for a period not exceeding six
months in any one year. All armed police constables of over two years’ service
and civil police constables of over two and under ten years’ service may be
transferred to the other branch of the force for any period with the permission of
the Deputy Inspector-General.
In all other cases the transfer of Police Officers from one branch of the
force to another or from the police service of other Provinces to the Uttar Pradesh
Police requires the sanction of the Inspector-General.

526. Transfer of village chowkidars.- Village chaukidars may not be


transferred except with their own consent.

PART IV
TRAINING

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CHAPTER XXXV

TRAINING OF GAZETTED OFFICERS, INSPECTORS AND


RESERVE SUB-INSPECTORS

527. Knowledge of drill to police officers.- All Police Officers have to


learn drill when first appointed, and all, except public prosecutors and Assistant
Public Prosecutors, are required to keep up their knowledge throughout their
service.
Reserve Inspectors and all officers of superior rank must be proficient in
the drill prescribed for all branches of the force.

528. Course of instruction for probationary Asstt. Superintendents of


Police.- Probationary Assistant Superintendents of Police undergo a course of
instruction at the Provincial Police Training College for a period of sixteen
months.
The rules for their training, subjects of instruction, examinations practical
training in districts, confirmation and discharge are given in the Provincial Police
Training College Manual, Part II.
The practical training of Assistant Superintendents in districts after they
leave the College should be carried out in the following manner :
(i) Office Work –
(a) English – Officers will be instructed in all the duties of the
district police head clerk and accountant, and of the
Superintendent of Police in connection with his English
office. This will include the method of conducting
correspondence, drafting special reports, keeping accounts,
preparing pension papers, pay bills and similar documents,
maintaining the English crime register, and competing and
submitting criminal and other returns. To complete their
training in this branch, officers will be put in actual charge

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successively of the head clerk’s and accountant’s work for


such period as the superintendent may consider necessary.
(b) Languages – Officers will be required to deal with police
diaries reports, to make precis of vernacular papers for the
information and orders of the Superintendent and to translate
letters, orders, descriptive rolls and similar papers for issue to
police stations. The Superintendent should make over to
Assistants under training the daily diaries and reports of one
or two police stations and require them to note on and submit
personally such diaries and reports. The Superintendent
should see that they have understood the papers and should
pss orders in their presence.
(ii) Duties of Reserve Inspector – Officers will be thoroughly instructed
in the duties of reserve inspector. They must learn to maintain the
magazine, clothing duty and other registers, to distribute the daily
duties of the reserve and to supervise drill and musketry instruction,
the relief of escorts and the inspection of guards. To complete their
instruction they will be placed in actual charge of the reserve
inspector’s duties for such period as the Superintendent may
consider necessary.
(iii) Investigation – Officers will be deputed to accompany selected
investigating officers and to prepare notes and diaries for the
Superintendent’s perusal. Afterwards they should themselves
investigate petty cases, submitting diaries as required by Section
172, Criminal Procedure Code, and Chapter X of these Regulations.
Finally officers will be put in actual charge of a city police station
for twenty days. If there is no accommodation for them at the police
station they will be required to attend for at least nine hours a day,
the times of attendance being fixed by the Superintendent. During
the camping season they will camp near some important rural police
station for ten days and hold complete charge of it for that period.
(iv) Departmental Cases – Officers must be deputed to make
preliminary inquiries in departmental punishment cases.

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(v) Prosecution of Cases – Officers must put up note on decided cases


for the information ad orders of the Superintendent, especially on
cases in which irregularities or illegalities have been committed,
they will be required to precis the evidence and to write findings,.
Later, they will prepare cases for prosecution under the guidance of
a competent officer. They will frequently attend Courts to learn
procedure and practice, and must conduct the prosecution in three
important cases.
(vi) Inspectors. – The Superintendent will require officers under training
to accompany him at the inspection of police stations, officer, arm
and ammunition shops. Later officer should be required to make
independent inspections, submitting their reports for the
Superintendent’s orders.
(vii) After the Police Training College, and before they are granted
certificates (a) to (c prescribed below, Assistant Superintendents of
Police will be attached for training for a period of one month in each
case to the Criminal Investigation Department and Inspector-
General’s office.
(viii) No examination in practical work is prescribed but before an
Assistant Superintendent is eligible to hold charge of a sub-division
of district or to officiate in charge of a district he will be required to
obtain the infanty and “equitation” certificates mentioned in
paragraphs 8 and 9 of the Police Training College Manual Part II,
and certificates signed by the Superintendent and countersigned by
the Deputy Inspector-General of the range to the effect that he can–
(a) pass suitable orders on general and case diaries;
(b) supervise an investigation intelligently;
(c) inspect a police station efficiently;
(d) supervise the work of the police accountant efficiently;
(e) conduct departmental proceedings under Section 7 of
the Police Act efficiently.
The Deputy Inspector-General will question the Assistant Superintendent
and examine his work before countersigning these certificates.

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Note.- When submitting certificates (a) to (e) of practical work for


counter-signature by Deputy Inspector-General, Superintendents of Police
should also certify in respect of each officer that he has held charge of a city
police station for 20 days, and of a rural police station for ten days and has
conducted the prosecution in three important cases.
529. Probation of Dy. S.P.’s- Deputy Superintendent appointed by
promotion will be on probation for one year and will, on appointment, be posted
to district. They are not required to undergo training or to pass examinations, but
they will be required to obtain a certificate signed by the Superintendent of Police
and countersigned by the Deputy Inspector-General to the effect that they can
supervise work of the head clerk and accountant efficiently, are well acquainted
with the system of police accounts, and can conduct departmental proceedings
under Section 7 of the Police Act efficiently. The certificate to be obtained by
officers other than those promoted from the rank of reserve inspector will also
include a cause to the effect that they can supervise the work of the reserve
inspector efficiently.
The rules for the training and examination of Deputy Superintendents
directly appointed are given in the Police Training College Manual, Part II,
Chapter II.
Training of Deputy Superintendents of Police, directly appointed, in
districts will be as prescribed in paragraph 528 for Assistant Superintendents of
Police.
Reports on probationary Deputy Superintendents of both classes will be
forwarded by Superintendents of Police through District Magistrates to the
Inspector General of Police, who after consulting the Deputy Inspector General
will submit the reports to the Chief Secretary to Government with his
recommendations.

530. R.I. must have knowledge of drill.- Every Reserve Inspector must
have a thorough knowledge of drill, and of the duties for which a reserve
inspector is responsible under Chapter II. To be eligible to hold charge of the
headquarters Police Office in the absence of all gazetted officers, a reserve

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inspector must also possess a thorough knowledge of English and be acquainted


with the police system of correspondence and accounts.

531. [Omitted]

532. Qualifications for the public prosecutor.- The qualifications for


the post of public prosecutor are :
(1) two years’ service as investigating officer; or
(2) a thorough knowledge of English;
(3) A certificate of having passed the LLB Examination of the
Allahabad University in the Indian Penal Code, the Criminal
Procedure Code and the Evidence Act, with minimum of 30 per cent
marks in each paper and an aggregate of 30 per cent in all;
Or
(5) a degree in law of one of the Universities of the Uttar Pradesh :
(a) Priority for appointment as an assistant public prosecutor will
be given to officers who have the qualifications specified in
(1), (2) and (4) above.
(b) If no such officer is available in a district, an officer
possessing the qualifications mentioned in (1), (2) and (3)
above may be appointed.
(c) If there is no officer in a district with the qualifications laid
down in (a) or (b) the Superintendent should apply to the
Deputy Inspector-General for a qualified officer.
(d) Superintendents are empowered to give permission to sub-
inspectors, including probationers, to appear at the
examination referred to in rule (3) above.

533. Training of Circle Inspectors.- Circle inspectors go through no


course of training and are required to pass no examination, they must keep
up their knowledge of platoon drill vide paragraph 546.

CHAPTER XXXVI

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TRAINING OF SUB-INSPECTORS
[534. Training of Sub-Inspectors.- Sub-Inspectors of the Civil Police
must pass through the Provincial Police Training College. For their training at
the College, and their practical training in districts see the Uttar Pradesh Police
Training College Manual, Part III.
From the date on which they are posted to districts as sub-inspectors, civil
police, sub-inspectors shall be on probation for a period of two years, on the
expiry of which if he considers them fit for permanent appointment they may be
confirmed by the Deputy Inspector-General].

535. Probation of Sub-Inspectors. - During the period of their probation


they will be required to undergo a course of practical training as follows in all
branches of police work:
I. They will be attached to police stations at or near headquarters
where they will –
(a) learn police station routine, including the distribution of
duties, the preparation of reports, general duties and all other
station registers, the methods of surveillance and patrol and
the filling in forms :
(b) receive instruction in investigation, the preparation of case
diaries and inquest reports and the general duties of station
officer – each probationer being made to accompany a
competent officer on at least six investigations;
(c) be given simple cases to investigate independently.

During this period they will be under the special supervision of the
inspector-in-charge of the city or circle to which they are posted and he will report
periodically on the work of each probationer subordinate to him.
II. They will spend some weeks in the office of the Superintendent of
Police where they will work under the orders of the Superintendent,
preparing abstracts of diaries and other papers for orders.
III. They will be attached for some weeks to the public prosecutor’s
office where they will be instructed in the examination of police

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papers in case sent for prosecution, and in the prosecution of cases


under the supervision of the public prosecutor during this period
they should also be instructed in the work of the criminal tribes sub-
inspectors.
IV. They will receive instruction in drill, kit inspection, posting and
relief of guards, lining of streets, parking of carriages and other
miscellaneous duties in the reserve lines. Probationary Sub-
Inspectors at troop headquarters must also keep themselves efficient
in equation, and must attend riding school periodically.

536. Programme for probationer Sub-Inspector.- The Superintendent


must prepare a programme for each probationer fixing the station to which he is
to be attached for the purposes of paragraph 535, Rule I above and periods for
which he is to be attached to offices and the lines for the purposes of Rules II, III
and IV. Programmes should be so arranged that too many probationers are not
receiving instruction at the same place at the same time. Any part of the course
laid down in paragraph 535 may be omitted or shortened in the case of promoted
head constables who before being sent to the Police Training College have served
in the offices of the Superintendent or public prosecutor or have acquired a proper
knowledge of drill, kit inspection and other duties in the reserve lines and who
are in the opinion of the Superintendent already competent in these respects.
As soon as the Superintendent is satisfied that a probationer has been
sufficiently trained in all the duties enumerated in paragraph 535, he may post
him to a police station under a selected station officer to perform the ordinary
duties of a subordinate sub-inspector under paragraph 50.
For each probationer, the Superintendent will keep-up a training sheet on
which he will collect all the material necessary to enable an opinion to be formed
at any time as to the probationer’s progress and ultimately as to his fitness for
confirmation. In this sheet should be entered summaries of the periodical report
of inspectors under whose supervision the probationer has been trained and notes
by the Superintendent on the merits of the probationer’s investigations and on all
other matters connected with his work and conducts. At his district inspections
the Deputy Inspector General should see every probationer who has been on

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probation for more than six months with his programme of work and training
sheet, and should record his opinion on the training sheet.

537. Extension of period of probation.- (1) The Deputy Inspector


General of Police, may extend the period of probation of a candidate placed on
probation under para 534 in individual cases up to a total period not exceeding
one year. Any such extension shall specify the exact date up to which the
extension is granted.
(2) If at any time during or at the end of period of his probation or before
an order of his confirmation has been passed and come into effect, a probationer
is found not to have made sufficient use of his opportunities or has otherwise
failed to satisfaction, the Deputy Inspector General of Police may order-
(i) his discharge, if he is appointed directly; or
(ii) his reversion, if he is appointed by promotion :
Provided that in the case of discharge, he shall be apprised of the grounds
of his discharge, given an opportunity to show cause against the order of
discharge and his explanation in this behalf, if any, shall be duly considered
before orders of discharge are passed by the Deputy Inspector General of Police.
(3) A probationer discharged from the service during or at the end of
the period of probation or at the end of the extended period of probation under
sub-para (2) shall not be entitled to any compensation.

(4) A probationer shall be confirmed in his appointment at the end of


the period of probation or at the end of the extended period of probation if the
Deputy Inspector General of Police considers him fit for confirmation and his
integrity is certified.

538. Selection of ‘Z’ cadets.- Cadets of the civil and armed police, who
in the opinion of Examination Board pass their final tests with outstanding
distinction shall be classified “Z” cadets. This will be recorded in their character
rolls. The President of the Examination Board shall in his report to the Inspector
General of Police shall be final.

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A “Z” class officer of the civil police will be given special training in that
branch of the force of which he appears to be most suitable, due consideration
being given to his own wishes. He will be considered for accelerated promotion
to the rank of Inspector after confirmation as a sub-inspector.
A “Z” class officer of the armed police will ordinarily be employed as a
Chief Inspector at Training Centre or as a Platoon Commander in the Military
Police. He will be considered for accelerated promotion to the rank of Reserve
Inspector after confirmation as a Sub-Inspector.

CHAPTER
TRAINING OF HEAD CONSTABLES AND CONSTABLES

539. Training of recruits.- Recruits both for the civil and for the armed
police will be trained at such places and in such manner as the Inspector General
may determine and on conclusion of their training will undergo such tests as the
Inspector General may prescribe.

540. Selection of X recruits from constables.- Any constable recruit,


who in the opinion of the officer conducting final tests, shown outstanding merit
shall be designated as “X” recruit. This will be recorded in his character roll. He
will be given special training and if drafted to the civil police should be
encouraged to appear at the Provincial Promotion Examination as soon as
possible.

541. Probation period of recruits.- (1) A recruit will be on probation


from the date he begins to officiate in a clear vacancy. The period of probation
will be two years except in the following cases:
(a) those recruited directly in the Criminal Investigation Department or
District Intelligence Staff will be on probation for three years, and
(b) those transferred to the Mounted Police will be governed by the
directions in paragraph 84 of the Police Regulations.
It at the end of the period of probation conduct and work have been
satisfactory and the recruit has been approved by the Deputy Inspector General

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of Police for service in the force, the Superintendent of Police will confirm him
in his appointment.
(2) In case in which either during or at the end of the period of probation,
the Superintendent of Police is of opinion that a recruit is unlikely to make a good
police officer he may dispense with his service. Before, however this is done the
recruit must be supplied with specific complaints and grounds on which it is
proposed to discharge him and then he should be called upon to show cause as to
why he should not be discharged. The recruit must furnish his representation in
writing and it will be duly considered by the Superintendent of Police before
passing the orders of discharge.
(3) Every order passed by a Superintendent under sub-paragraph (2) above
shall, subject to the control of the Deputy Inspector General be final.\

542. Instruction in law and regulation to recruits.- Instruction in law


and regulation will be given in the lines schools by trained teachers. A Deputy
Superintendent of Police will, as a rule, be placed in general discharge of the
school which he must visit when at headquarters at least three times a week.
Arrangements should be made for frequent short practical lectures, by
experienced Police Officer. The Superintendent should take every opportunity
of visiting the school. An inspection should be kept for the remarks of visiting
officers.
543. Classes of constables.- Constables are of two classes, A and B.
Vacancies in class A were until 1st June, 1941, filled partly by fully literate men
and partly by selected illiterate or semi-literate men who had special
qualifications as detective or long records of meritorious service. After 1st June,
1941, constables must pass such educational tests as may from time to time be
prescribed by the Inspector General in order to obtain promotion to class A. Class
B comprises all constables not admitted to class A.
The employment of constables on clerical duties is subject to the
conditions:
(1) that no constable shall be so employed unless he has had at least one
year’s experience of executive duties, and

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(2) that so long as a sufficient number of qualified men are available no


constable shall be so employed unless he has passed the prescri8bed
examination.

544. Training of drill will be taught in reserve lines.- Drill will be taught
in the reserve lines under the supervision of the reserve inspector and armed
police sub-inspector.
Under-officers and men of the armed police and civil emergency reserve
and all recruits will be instructed in squad, platoon and company drill in close
and extended order, company ceremonial, guard duties, and in the general
principles of infanty attack and of fire direction, discipline and control, in so far
as these principles are applicable to police operations for the suppression of
disturbances and the rounding up on criminal gangs. In large districts battalion
drill and ceremonial drill may also be practiced.
All the men of Civil and Armed Police are also required to attend Physical
Training. The Superintendent of Police / Commandants may, however, exempt
any person above 45 of age, from Physical Training, Apparatus work and such
other strenuous exercises as the trainee is not to perform efficiently.

545. Training of drill of mounted police.- Officers and men of the


mounted police will be instructed in equitation, horse mastership, troop drill and
ceremonial, guard duties, the use of the sword and lance, and in the general
principles of cavalry field operations in so far as they are useful to police.

546. Training of platoon drill.- Circle inspectors, civil police sub-


inspectors and head constables must know platoon drill and be able to conduct
parades, take command of parties of police, post and relieve sentries, and instruct
their men in platoon drill, guard duties, street lining, carriage parking and in the
use of battons and whistles. Constables of civil police must know squad drill and
the practical duties specified above.

547. S.P. shall command a general parade of the force once a week in
reserve lines.- Superintendent of Police when not on tour shall at least once a

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week command a general parade of the force in reserve lines and also attend a kit
inspection in the lines or at the headquarters police station. They should
frequently test the quality of the instruction given in the lines and at police
stations. They should give written orders fixing days for the attendance of
Assistant and Deputy Superintendents on parade in the lines, and at the
headquarters police station. Thursday will be a holiday from drill.

548. Practice of musketry and revolver.- Musketry and revolver practice


must be carried out in the presence of a gazetted officer or the reserve inspector
who will be personally responsible that all necessary precautions are taken
against accidents, and for the accuracy of the score record.

549. Inspection of kits, arms and clothing etc. in police lines.- Every
Monday, all the police in the reserve lines shall parade for the inspection of their
kits, arms, accoutrements, horses, saddlery, appoint certificates and clothing and
accoutrement books. The inspection shall be made by the senior gazetted officer
present or by the reserve inspector.
On these occasions new departmental orders published in the Police
Gazette are prescribed for the district, important changes in law and rules
affecting the police, and other similar matters, will be explained to the men.

550. Instruction in “First aid to the injured” to probationary police


officers.- Instruction in “First aid to the injured” is given to probationary officers
and recruits by an assistant surgeon or sub-assistant surgeon. Members of the
Force who have obtained certificates in “First aid” should keep up their
knowledge by practice and should be examined at all inspection of station and in
the lines. When recruits are not receiving instruction in First Aid or when only
comparatively few recruits are receiving instruction in First Aid or when only
comparatively few recruits are receiving instruction, the assistant surgeon or sub-
assistant surgeon should be employed in giving refresher instruction to the police
posted at the headquarters of the district.

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551. Selection of Burglers from recruits.- Burglers will be selected from


among constables of the armed police. Preliminary training will be given in the
lines, after which the men will be deputed by the Deputy Inspector General for
further training.

552. Daily class of Drill instructions.- Drill instructors who have


undergone a course in observation at the Police Training College, Moradabad,
should hold a daily class of instruction in observation after the dismissal of the
morning parade. All sub-inspectors and head constables of the armed police who
are available in lines and do not hold a certificate in observation should attend
this class until they have qualified to the satisfaction of the Superintendent of
Police.

553. Employment of trained S.I. teachers.- Trained teachers employed


in district reserve lines schools will remain on probation for one year after
appointment. During or at the end of this period any teacher whose work or
conduct proves unsatisfactory will be returned to his original post under a
municipal or district board. Teachers whose work and conduct while under
probation have been satisfactory will be transferred permanently to the police,
and will be subject to the ordinary pension and other rules for the police clerical
staff. Service under a district or Municipal Board will count for leave, but not
for police pension. Teachers not provided with leave, but not for police pension.
Teachers not provided with Government quarters will be given a house rent
allowance.

584. Posting of trained teachers to give primary teaching to the


children of police officers.- When there is any demand for such instruction,
trained teachers to lines schools will give primary education to the children of
police officers.
Classes should be held in the early mornings when the teachers are not
occupied in instructing recruits. Each teacher will take a class of not more than
16 children. No charge will be made and the instruction of children must not be
allowed in anyway to interfere with the training of recruits.

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