UP Police Regulations
UP Police Regulations
UP Police Regulations
CONTENTS
PART I
POWERS AND DUTIES OF OFFICERS
CHAPTER I
SUPERIOR OFFICERS
DIRECTOR GENERAL OF POLICE
DEPUTY INSPECTOR-GENERAL
COMMISSIONER
5. Powers of Commissioner 38
DISTRICT MAGISTRATE
7-B. ……………………………………………………………….. 40
10-A. ………………………………………………………………. 41
SUPERINTENDENTS OF POLICE
17-A. [Omitted]…………………………………………………… 46
CHAPTER II
RESERVE INSPECTORS AND RESERVE SUB-INSPECTORS
firing…………………………………………………………. 47
CHAPTER III
PUBLIC PROSECUTORS AND THEIR SUBORDINATES
25-39.[Omitted]……………………………………………………… 49
CHAPTER IV
CIRCLE INSPECTORS
CHAPTER V
SUB-INSPECTORS AND UNDER OFFICERS OF THE CIVIL POLICE
Officer-in-charge of a Station
Subordinate Sub-Inspectors
53. [Omitted]………………………………………………………... 55
54. [Omitted]……………………………………………………….. 55
60. [Omitted]……………………………………………………….. 57
Constables
CHAPTER VI
ARMED POLICE
CHAPTER VII
MOUNTED POLICE
CHAPTER IX
VILLAGE POLICE
PART II
PARTICULAR DUTIES
CHAPTER X
REPORTS MADE AT POLICE STATIONS
CHAPTER XI
INVESTIGATIONS
CHAPTER XII
REQUESTS, POST-MORTEM EXAMINATION AND TREATMENT
OF WOUNDED PERSON
130. [Omitted]…………………………………………………………... 89
133. [Omitted]………………………………………………………… 89
CHAPTER XIII
ARREST, BAIL AND CUSTODY
147A. ……………………………………………………………………… 99
CHAPTER XIV
CUSTODY AND DISPOSAL OF PROPERTY
CHAPTER XV
SPECIAL CRIMES
CHAPTER XVI
CRIMINAL TRIBES, FOREIGNORS AND VAGRANTS
CHAPTER XVII
PATROLS AND PICKETS
CHAPTER XVIII
SPECIAL GUARDS AND ADDITIONAL POLICE
201. Charge taken for police for private mela’s or fairs 127
206. For additional police, S.P. should consult the D.M. …………….. 129
207. Proposal for additional police force by the D.M. ………………. 129
CHAPTER XIX
ABSCONDED OFFENDERS
CHAPTER XX
REGISTRATION AND SURVEILLANCE OF BAD CHARACTERS
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
228. History sheets, Part V of the village Crime Note Book ……………. 140
244. Procedure of action under section 110 Cr. P.C. ……………………. 152
Gang Register
CHAPTER XXI
EXECUTION OF PROCESSES
CHAPTER XXII
RECORDS AND CONFIDENTIAL DOCUMENTS
CHAPTER XXIII
ACCOUNTS KEPT AT POLICE STATION
CHAPTER XXIV
INDIAN STATES
309-321 [Omitted]
CHAPTER XXI
REPORTING AND REGISTRATION OF BIRTHS AND DEATHS
323. [Omitted]
324. [Omitted]
CHAPTER XXVI
DIRECTION FOR THE GUIDANCE OF POLICE OFFICERS IN
TIME OF FAMINE
CHAPTER XXVII
CHAPTER XXVIII
MISCELLANEOUS
PART III
INTERNAL ADMINISTRATION
CHAPTER XXIX
APPOINTMENT
405. [Omitted]
422. S.P. must not appoint to any post under his control
any person already in Government service 217
CHAPTER XXX
PROMOTIONS
432. The calculation of the pay the officers of the provincial police 220
442. DIG must give a note for reasons for supersession 228
448. Training schedule for candidate selected under para 447 232
451. [Omitted]
452. [Omitted]
453. [Omitted]
CHAPTER XXXI
REWARDS
CHAPTER XXXII
DEPARTMENT PUNISHMENT AND CRIMINAL
PROSECUTION OF POLICE OFFICERS
Punishments
Powers of Officers
Reprimand
Procedure
A – Inquiry
B – Judicial Trial
C – Departmental Trial
Orderly Room
Suspension
Construction of reference
CHAPTER XXXIII
APPEALS, REVISIONS, PETITIONS AND COPIES
OF OFFICIAL DOCUMENTS
Appeals
Revision
CHAPTER XXXIV
TRANSFERS
PART IV
TRAINING
CHAPTER XXXV
TRAINING OF GAZETTED OFFICERS, INSPECTORS AND
RESERVE SUB-INSPECTORS
531. [Omitted]
CHAPTER XXXVI
TRAINING OF SUB-INSPECTORS
CHAPTER XXXVII
TRAINING OF HEAD CONSTABLES AND CONSTABLES
549. Inspection of kits, arms and clothing etc. in police lines 299
APPENDIX 1-5
THE
UTTAR PRADESH POLICE REGULATIONS
PART I
POWERS AND DUTIES OF OFFICERS
CHAPTER I
SUPERIOR OFFICERS
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
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
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.
General a review for the whole of his range with a note on cases which deserve
special mention in the provincial report.
COMMISSIONER
5. Powers of Commissioner.- The term “Commissioner” wherever it
occurs in Police Regulations include a Collector, or Deputy Commissioner
incharge of a division.
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.
give the District Magistrate all important information which might otherwise not
reach the Magistrate quickly enough through the Superintendent.
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.)
(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.
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.
SUPERINTENDENT OF POLICE
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.
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 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.
CHAPTER II
RESERVE INSPECTORS AND RESERVE SUB-INSPECTORS
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.
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.
CHAPTER III
PUBLIC PROSECUTORS AND THEIR SUBORDINATES
(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.
CHAPTER IV
CIRCLE INSPECTORS
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.
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
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
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.
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.
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.
Subordinate Sub-Inspectors
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.
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
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,
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.
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.
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.
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.
CHAPTER VII
ARMED TRAINING RESERVE
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.
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
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.
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 :
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.
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.
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.
(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.
have completed five year’s service in the Mounted Police and have been
nominated by the Superintendent of Police may compete at this test.
CHAPTER IX
VILLAGE POLICE
the purpose of reporting births, and deaths; on one of these dates they must be
given their pay.
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).
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.
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.
PART II
PARTICULAR DUTIES
CHAPTER X
REPORTS MADE AT POLICE STATIONS
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.
law, and much delay and difficulty may be caused if the original writing is not
clear and indisputable.
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
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 complainant or another witness and as such the use of such phrases should be
avoided.
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.
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.
proceedings not held in the jails, a gazetted police officer should arrange to
attend.
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.
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.
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.
CHAPTER XII
INQUESTS, POST-MORTEM EXAMINATION AND TREATMENT OF
WOUNDED PERSONS
130. [Omitted]
133. [Omitted]
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.
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.
(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.
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.
(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.
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.
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.
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.
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).
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
“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.
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).
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.
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.
CHAPTER XIV
CUSTODY AND DISPOSAL OF PROPERTY
(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.
(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.
[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
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.]
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.
CHAPTER XV
SPECIAL CRIMES
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.
For the action which may be taken in Indian States see Chapter XXIV.
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.
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.
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
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]
CHAPTER XVII
PATROLS AND PICKETS
190. Rules for the patrolling of roads- The following rules govern the
patrolling of roads:
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.
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.
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
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.
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
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;
(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
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.
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’.
CHAPTER XIX
ABSCONDED OFFENDERS
(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.
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.
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.
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.
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.
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.
(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
similarly be drawn and a brief note of the transfer will be written across the sheet
by the officer dispatching it.
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
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.
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.
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.
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.
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).
Gang Register
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.
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.
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.
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.
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
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.
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.
CHAPTER XXI
EXECUTION OF PROCESSES
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.
CHAPTER XXII
RECORDS AND CONFIDENTIAL DOCUMENTS
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.
(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.
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.
(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
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
contained in a first information report, case diary, or separate report need not be
repeated in the general diary.
(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.
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
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.
(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.
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.
CHAPTER XXIV
INDIAN STATES
Note.- This chapter consist para 309 to para 321, which was deleted from
the Police Regulation.
----
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]
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
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
For details of police duties under Motor Vehicles Act, see separate
pamphlet.
CHAPTER XXVIII
MISCELLANEOUS
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.
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.
Parwanas may not be given to informers or amateur detectives who are not
enrolled in the Police force.
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.
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.
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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
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.
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.
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).
verify his statement on this point, as far as possible noting the result in this form
in English.
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.
425. Rules for the appointment of clerical staff.- For rules on the
appointment of the clerical staff see Chapter XXVIII of the Office Manual.
CHAPTER XXX
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.
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
Police who are in the pre-1913 scale. The promotion of Deputy Superintendents
of Police to the Indian Police is by selection.
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.
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.
440. [Omitted]
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]
446. [Omitted]
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.
on paper in the nominal roll until such time as all head constables have reached
the maximum of the time-scale.
451. [Omitted]
452. [Omitted]
453. [Omitted]
(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.
For rules regulating the promotion of constables from ‘B’ Class to ‘A’
Class see, paragraph 542.
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-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
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
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.
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.
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.
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.
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
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.
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.
(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.
(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
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
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
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.
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.
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
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.
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 –
(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
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
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.
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.
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.
(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.
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
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.
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
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.
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.
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
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
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.
Revision
[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.
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.
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.
CHAPTER
TRANSFERS
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
PART IV
TRAINING
CHAPTER XXXV
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
531. [Omitted]
CHAPTER XXXVI
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].
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
probation for more than six months with his programme of work and training
sheet, and should record his opinion on the training sheet.
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.
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.
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.\
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.
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
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.
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.
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