text:
Updated: Saturday May 12, 2012/AsSabt Jamada El Thaniah 21, 1433/Sanivara Vaisakha 22, 1934, at 12:00:20 AM
Officer by whom original order of punishment is framed
Appellate authority
Deputy Superintendent (Administrative), Government Railway Police, Deputy Superintendent, in charge of Railway Police Sub-Division
Superintendent of Police, Senior Assistant Superintendent of Police, Lahore, Officer-in-charge of Recruits Training Centre, Deputy Superintendent of Police, Punjab Armed Police, Lahaul and Spiti.
Deputy Inspector-General of Police, Assistant Inspector-General Government Railway Police, assistant Inspector-General provincial Additional Police (designated as Commandant, Provincial Additional Police), Assistant Inspector-General of Police (Traffic)
Assistant Inspector-General, Government Railway Police.
Deputy Inspector General of Police and Assistant Inspector General, Provincial Additional Police (designated as Commandant, Provincial Additional Police)
Inspector General of Police
1. Appeal against order of dismissal from service.
2. Enquiry – Scope and application.
3. Personal hearing – Dispensing with departmental enquiry.
1. Appeal
against order of dismissal from service. Admittedly, the petitioner was not
gien personal hearing so the impugned order passed on appeal is allowed with
costs and the impugned order of dismissal from service and the order passed on
appeal are hereby quashed. The respondents are directed to reinstate the
petitioner with full back wages with 12% interest per annum, within a month. Darshan Singh vs. State of
2. Enquiry—Scope
and application. As a matter of fact rule 16.29 deals with a stage after the
original order of punishment has been passed. All that this sub-rule (4) of
Rule 16.29 means is that though the right to obtain a complete record is
available to the police official after the original order has been impugned
this will not entitle him to also ask for the copies of the file/report during
th3e pendency of the original proceedings, that is to say that if on the first
day 2/3 witnesses have been examined the police official cannot insist that he
be should be given copies of their statements for the purpose of
cross-examining the other witnesses who are to be examined on subsequent days.
This rule deals with a situation about the supply of copies during the course
of the enquiry and has no relevancy to whether the copies of the statements
recorded at preliminary enquiry should be given to the Police Officer or not
for the purpose of cross-examining the witnesses when they are examined at the
enquiry. This rule does not, therefore, in any way prohibit the supply of the
copies of the prior statements of the witnesses which are needed to exercise
the effective right of cross-examination and is a content of the reasonable opportunity
to which the police officials has Constitutional right. As the statements of
those witnesses were denied to the plaintiff there is no scope from the
conclusion that the plaintiff was denied a reasonable opportunity and the order
is liable to be struck down on this ground also. Union of
3. Personal hearing—Dispensing with departmental enquiry. The petitioner appealed to the D.I.G. against there order of dismissal passed by the Superintendent of Police. The D.I.G. did not give any personal hearing. It has been laid down by the Supreme Court that even in case where enquiry has been dispensed with under the provisions of Article 311(2) it was incumbent upon the appellate authority to give personal hearing. Ashok Kumar, Sub-Inspector of Police vs. State of Punjab and others, 1990(3) S.L.R. 127
16.30. Rules regarding appeals.—(1) Every appeal to the Deputy Inspector-General or Inspector-General shall be in English. It shall set forth the grounds of appeal, and shall be accompanied by a copy of the order made in the case.
(2) An appeal which is not filed within a month of the date of the original order, exclusive of the time taken to obtain a copy of the order or record, shall be barred by limitation. The appellate authority may, however, accept an appeal filed out of time, if he sees fit to do so.
16.31. Orders on appeals – Every order passed in appeal shall contain the reasons therefor. A copy of every appellate order and the reason therefor shall be given free of cost to the appellent.
1. Acquittal on benefits of doubt.
2. Not obligatory on the appellate authority to give detailed reasons for.
1. Acquittal
on benefits of doubt – While discussing the evidences the Magistrate observed
that "in the present case all the eye witnesses including Constable Raja Ram,
P.W.2 turned hostile and though, cross-examined by the learned P.P. nothing
material favourable to the prosecution could be elicited." One of the
prosecution witnesses Ishwari Lal who was the sole witness before Enquiry
Officer of Departmental proceedings completely reverted from his statement
given to the police and confronted with his own statement before the P.P. in
the criminal proceedings. After a detailed discussion the Magistrate concluded
on the following lines. "In view of the above discussion I hold that
prosecution has not been able to prove its case beyond reasonable doubt against
accused Mehak Singh. I accordingly give the benefit of doubt to accused Mehakk
Singh and acquit him." From the above it is, therefore, clear that the
petitioner had been acquitted on the benefit of doubt and not on merits. We see
no reason why the acquittal should be a bar against the departmental
proceedings. Mehak Singh vs.
2. Not obligatory on the appellate to give detailed reasons for – In dealing with the question as to whether it is obligatory on the appellate authority to give reasons in support of he order rejection the appeal as required under Rule 16.31 of the Rules, it has to be borne in mind that disciplinary proceedings against a delinquent official begin with an inquiry conducted by an Officer appointed in that behalf and the same is followed by a report which is considered by the punishing authority and having regard to the material which is thus made available and which is also made available to the delinquent official, also the punishing authority accepts the findings of the Enquiry Officer and thereafter issues a show cause notice, proposing punishment and then imposes punishment after considering the reply to the show cause notice. In the case in hand the punishing authority had recorded a detailed order (A-5) while imposing the punishment of dismissal form service upon the applicant. In the circumstances of the case, it was not obligatory on the appellate pugned order (A-5) for agreeing with the reasons and conclusions arrived at by the punishing authority. Manjit Singh vs. Secretary and others, 1989(6) S.L.R. 399.
16.32. Revision – An officer whose appeal has been rejected is prohibited from assaying for a fresh scrutiny of the evidence. Such officer may, however, apply, within a month of the date of despatch of appellate orders to him, to the authority next above the prescribed appellate authority for revision on grounds of material irregularity in the proceedings or on production of fresh evidence, and may submit to the same authority a plea for mercy: provided that no application for the revision of an order by the Inspector-General will be entertained. An officer whose appeal has been heard by the Inspector-General may, however, submit to the Inspector-General a plea for mercy or may apply to the Inspector General for a review of his appellate order only on the ground that fresh evidence has become available since the appellate order has been p0ronounced. This rule does not affect the provisions of rule 16.28.Such application or plea must be in English.
1. Mercy petition before Inspector General of Police.
1. Mercy petition before Inspector General of Police. It is not
necessary to decide this question for the simple reason that the order of the
Inspector General of Police in revision cannot be maintained, because while
dealing with the revision-cummercy petition, he took into consideration the so
called, chequered service records so the petitioners which, as observed by the
learned Single Judge, did not form part of the charge and was not gone into by
the Enquiry Officer and the petitioners were also not given any opportunity to
meet this aspect of the case. Consequently, in view of the observations of
their Lordships of the Supreme Court in K. Manche Gowda's case (supra) which
were referred to in Amar Nath's case (supra), decided by the learned Singled
Judge, the two writ petitions had to be quashed. It would be open to the order
of the Inspector General of Police had to be quashed. It would be open to the
Inspector General of Police to go into the whole question, including the
instructions of 1961 issued by the Inspector General of Police referred to
above, and to decide once again not only about the misconduct of the two
petitioners, but also about the proper punishment that is to be inflicted. The
question, whether in the circumstances of this case, the departmental authorities
could or could not arrive at the conclusion that the misconduct of which the
petitioners were found to be guilty did or did not amount to gravest act of
misconduct within the meaning of rule 16.2 of the Rules, must be left open
Normally speaking this court would be most reluctant to go into the question of
the nature of the misconduct after the matter has been dealt with by the
authorities, yet there may arise a case where the conclusion arrived at is such
that the same cannot possible be maintained. However, as stated above, it is
not necessary for us to decide this point in the present case, at this stage. The Inspector General of Police,
16.33. Removal from promotion lists.—Removal of a name from a promotion list may follow from the award of punishment for a specific offence, or be ordered on general grounds. In neither case shall a formal charge be framed nor evidence recorded, but an order shall be recorded in writing and given effect to through an entry in the Order Book. The original order of the authority ordering removal shall be read out to the officer concerned, but a copy thereof shall not be given to him and no appeal shall be lie against it.
16.34. Suspension of officer immediately responsible.—If a prisoner escapes or is rescued from police custody, the enrolled police officer immediately responsible shall forthwith be suspended from duty. A searching departmental inquiry shall at once be held by or under the orders of the Superintendent. The object of this inquiry shall be the elucidation of all the circumstances connected with the escape or rescue and the determination of the issue whether the escape or rescue could have been prevented by the exercise of such vigilance and courage on the part of the enrolled police officer by the exercise of such vigilance and courage on the part of the enrolled police officer immediately responsible as might reasonable have been expected, and whether it was rendered possible or facilitated by any neglect or omission of duty on the part of any superior enrolled police officer.
1. Rormaing of rule in consonance with the provisions of Section 7 of the Punjab Police Act, 1961.
1. Framing of rule in consonance with the provisions of Section 7 the Punjab Police Act, 1961. It has been contended that the provision of Rule 16.28 are beyond the Rule making powers conferred under Section 7 of the Punjab Police Act. In my view the provisions of Rule 16.28 do not infringe the provisions of Sec.7 in any manner whatsoever. No provision of the aforesaid Rule, confers the powers of any officer lower in rank than the Appointing Authority to inflict any punishment or enchance a punishment nor it is shown to be in any way beyond the rule making powers of the authorities. The decision in the case mentioned above also is clearly distinguishable as the Court had found the rule to be beyond the rule making power conferred by Section 25(2)(c) of the Bombay Police Act, 1951, which had fallen for consideration. Such in not position here. Brij Pal Singh, Constable vs. State of Haryana and others,1991(7) S.L.R. 246
16.35. Re-instatement after suspension.—On the conclusion of the enquiry, if the Superintendent finds that no misconduct attaches to the police officer or officers suspended, he shall reinstate them. In order to guard against any laxity in enforcing the responsibility for escapes, Deputy Inspector General should freely exercise their powers under rule 16.28 in respect of such cases.
16.36. Action when negligence is established.—If the enquiry establishes negligence or connivance in an escape, thereby cretin a presumption that an offence under Section 221,222 or 223, Indian Penal Code, has been committed, the police officer concerned shall be prosecuted criminally, unless the District Magistrate on a reference by the Superintendent of Police decides, for reasons to be recorded, that the case shall be dealt with departmentally. If the enquiry establishes a breach of discipline or misconduct not amounting to an offence under any of the sections of the Indian Penal Code mentioned above, the case shall ordinarily be dealt with departmentally. The criminal prosecution under this rule of an upper subordinate shall not be undertaken without the sanction of the Deputy Inspector General of Police.
16.37. Dismissal the normal punishment in escape cases.—(1) Dismissal shall normally follow a judicial or departmental conviction for negligence resulting in the escape of the prisoner and may, with the approval of the Deputy Inspector General for review of the orders passed. The Deputy Inspector General, will, however, pass no orders until the period of appeal has expired. If an appeal is lodged, the period of appeal has expired. If an appeal is lodged, the punishment will be examined in the ordinary way, if there is no appeal, the Deputy Inspector General will proceed to review the punishment if he considers it necessary. If the Deputy Inspector General decides to enchance the punishment awarded, an appeal will then lie against such order to the Inspector General. If an appeal does not lie against the original punishment awarded, the Deputy Inspector General will proceed to review the case as soon as he received it.
(2) The authority to retain in the service an enrolled police officer, who has been convicted of neglect either judicially or departmentally in connection with an escape, shall rest with the Deputy Inspector General, or, in the case of Inspectors, with the Inspector General. If extenuating circumstance sexist, they shall be clearly stated and application made to or through the Deputy Inspector General to award any authorized punishment other than dismissal.
1. Ordinarily order of suspension suspends the contract of service
1. Ordinarily order of suspension suspends the contract of service. The documents, orders and communications referred to earlier make it clear that the convictions of the respondent by way of stoppage of 2 years increment was on account of the enquiry held against him. Even in his writ petition, the respondent had proceeded on the basis that the departmental enquiry was on account of the escape of the said Bahadur Singh and that the order of stoppage of increment for a period of two years, was the punishment awarded to him as a result of the said enquiry. We are therefore, not in agreement with the finding of the learned single Judge that there was no evidence to show that the punishment meted out to the respondent could not be said to be on account of the finding of misconduct in connection with the escape of said Bahadur Singh in the said enquiry. Superintendent of Police was authorised to vacate his own order of suspension to reinstate the respondent. It is correct that as a rule a person who has authority to pass an order has also the authority to vacate it but this is subject to the law or statutory rules. Rule 16.37(2) specifically provides:--
"the authority to retain in service an enrolled police officer, who has been convicted of neglect either judicially or departmentally in connection with an escape, shall rest with the Inspector General of Police….."
In the face of this clear provision contained in the Police Rules as applicable to H.P. we are of the view that the Superintendent of Police had not authority to reinstate the respondent in service and that his order dated 1st September, 1965, was in violation of the above quoted rule, and, therefore, invalid and of no effect.
The Inevitable result of this conclusion would be that the aforesaid order of reinstatement has to be treated as non-existent and would have the result of revising the order of suspension dated August 21, 1965. If the respondent had not resumed duty in pursuance of even the aforesaid invade order of reinstatement, this appeal would have had to be allowed. The difficulty in the way of appellants, however, is that the respondent had resumed duty on September 1, 1965, in pursuance of the aforesaid order of reinstatement even though invalid. Ordinarily, and order of suspension suspends the contract of service. At the same time, the employer is not entitled to take any work from the servant during the period of suspension. It must, therefore, follow that if the employee is allowed to resume duty during the period of suspension and does discharge his duties, he would immediately become entitled to his full emoluments instead of the suspension allowance that may have been fixed. In the present case, the respondent admittedly resumed his duties on September 1, 1965, and continued to discharge them until July 3, 1967, when the appellant No.2 sent the aforesaid endorsement to him in pursuance of the orders of appellant No.1. The respondent is therefore, entitled to his full salary for the period between September 1, 1965, ad July 3, 1967 not witstanding the revival of the order of suspension dated August 21,1965. The said order dated July 3, 1967 can, therefore, be effective only from that date as held by the learned single Judge and it is bad in so far as it purports to place the respondent under suspension with effect from August 21, 1965. Inspector General of Police, Hymachal Pradesh vs. Munshi Ram, 1971(2) S.L.R. 39
(For Haryana)
16.38.Criminal offences by police officers and strictures by courts—procedure regarding.—(1) Where a preliminary enquiry or investigation into a complaint alleging the commission by an enrolled police officer of a criminal offence in connection with his official relations with the public, establishes a prima facie case, a judicial prosecution shall normally follow. Where, however, the Superintendent of Police proposes to proceed in the case departmentally, the concurrence of the District Magistrate be obtained.
(2) Orders have been issued by the Hon'ble Judges of the High Court making it obligatory on all civil and criminal courts, whenever they make strictures on the personal character to or processional conduct of a police officer, to send a copy of the judgment to the executive authorities. In the case of the High Court itself the copies will be forwarded to the State Government. In the case of all other courts( including Courts of Session), the copies will be sent by the judges and Magistrates concerned to the District Magistrate.
(3) In case in which strictures are passed on the conduct of the police by a Sessions Court or by a Magistrate's Court and no specific recommendation is made by trate will decide whether an investigation in to the matter in necessary, and if so, whether it shall be conducted by a police officer or by a selected Executive Magistrate. After an investigation or enquiry, the procedure laid down in sub-rule (1) shall be followed. In cases in which the court passing strictures on the conduct of the police suggests that an enquiry should be made, the District Magistrate will comply with such request.
When strictures on the conduct of the polcie are made by the High Court and communicated to the State Government direct in accordance with sub-rule (2) above, the instructions of Government as to the action to be taken by the local authorities will be communicated to them through the ordinary channels. In cases in which the High Court suggests that an enquiry should be made, the State Government will give orders accordingly.
(4) Rules 24.14 and 24.15 provide for reports of all serious charges against the police being communicated to the State Government special report. In cases where such serious charges arise form stricutes passed by criminal courts, the Superintendent of Police and the District Magistrate should communicate, either in the report itself or in a covering letter, the procedure which they propose to adopt and any information or notes in connection with the case which they consider should be brought to the notice of Government. Rule 24.15 provides the opportunity for Deputy Inspector General and commissioners similarly to communicate their comments to the State Government.
( For
16.38. Criminal offences by police officers and strictures by Courts-Procedure
regarding --(1) Immediate information shll be given to the District Magistrate of any complaint received by the Superintendent of Police, which indicates the commissions by the police officer of a criminal offence in connection with his official relations with the public. The District Magistrate will decide whether the investigation of the complaint shall be conducted by a police officer, or made over to a selected Magistrate having 1st class powers.
(2) When investigatoin of such a complaint establishes a prima facie case, a judicial prosecution shall normally follow: the matter shall be disposed of departmentally only if the District Magistrate so orders for reasons to be recorded. When it is decided to proceed departmentally the procedure prescribed in the rule 16.24 shall be followed. An officer found guilty on a charge of the nature referred to in this rule shall ordinarily be dismissed.
(3) Ordinarily a Magistrate before whom a complaint against a police officer is laid proceeds at once to judicial enquiry. He is, however required to report details of the case to the District Magistrate, who will forward a copy of this report to the Superintendent of Police. The District Magistrate himself will similarly send a report to the Superintendent of Police in cases of which he himself takes cognizance.
(4) The Local Government has prescribed the following supplementary procedure to be adopted in the case of complaints against police officers in those districts where abuses of the law with the object of victimizing such officers or hampering investigation is rife. The District Magistrate will order that all petitions against police officer shall be presented to him personally. If he considers that these petitions are of a frivolous or factious nature, it is within his discretion to take no action on them. When he consider an enquiry to be necessary he will use his discretion whether to send the papers to the Superintendent of Police or to a Magistrate for judicial enquiry.
In the case of formal criminal complaints, the District Magistrate will arrange for all cases to be transferred form other courts to his own.
(5) Orders have been issued by the Hon'ble Judges of High Court making it obligatory on all civil and criminal courts, whenever they make structres on the personal character or professional conduct of a police officer, to send a copy of the judgment to the executive authorities. In the case of the High Court itself the copies will be forwarded to the Local Government. In the case of all other courts ( including Courts of Session) the copies will be sent by the Judges and Magistrates concerned to the District Magistrate.
(6) In cases in which stricutes are passed on the conduct of the police by a Sessions Court or by a Magistrat's Court and no specific recommendation is made by the Court making such strictures that an enquiry should be made, the District Magistrate will decide whether an investigation in to the matter is necessary, and if so whether it shall be conducted by police officer or by a selected Magistrate having 1st class powers. If he decides that an investigation shall be made the procedure subsequent to such investigation shall be that laid down in sub-rule (2) above. In cases in which the court passing strictures on the conduct of the police suggests that an enquiry should be made, the District Magistrate will comply with such request in accordance with the procedure in paragraphs (1) and (2) above.
When stricture on the conduct of the police are made by the High Court and communicated to the Local Government direct in accordance with paragraph (5) above, the instructions of Government as to the action be taken by the local authorities will be communicated to them through the ordinary channels. In cases in which the High Court suggests that an enquiry should be made the Local Government will give orders accordingly.
(7) Rules 24.14. and 24.15 provide for reports of all serious charges against the polcie being communicated to the Local Government by a special report. In cases where such serious charges arise from strictures passed by criminal courts, the Superintendent of Police and the District Magistrate should communicate, either in the report itself or in covering letter, the procedure which they propose to adopt and any information or notes in connection with the case which they consider should be brought to the notice of Government. Rule 24.15 provides the opportunity for Deputy Inspectors-General and commissioners similarly to communicate their comments to the local Government.
1. Charges against police officials regarding molestation of a girl.
2. Charges of Bigamy against Police Head Constable.
3. Colorable attempt to avoid effect of Rule 16.38 sub-rule (1.
4. Commission of Criminal offence by Police Officer.
5. Compaint-Departmental proceeddings.
6. Concurrence of the District Magistrate not obtained before the passing the order
7. Condition of service.
8. Court cannot interpret rules so as make, modify or amend them.
9. Criminal Precaution against police officer.
10. Criminal Prosecution Rule confined only to departmental enquiries.
11. Delay in taking departmental proceedings after acquittal form Criminal Court.
12. Departmental inquiry.
13. Departmental enquiry after deviation form the normal rule of prosecution .
14. Departmental enquiry –Criminal Prosecution
15. Departmental enquiry –Reduction in rank.
16. Departmental enquiry without the permission of District Magistrate not bad.
17. Departmental officer is not excepted to put his complaint in the form of a petition.
18. Disciplinary proceedings.
19. Dismissal-Dispensing with enquiry
20. Dismissal form service.
21. Dispensing with enquiry
22. District Magistrate ordering departmental enquiry.
23. District Magistrate gave sanction without recording any reasons.
24. District Magistrate to decide as to whether the investigation of a particular types of complaint shall be conducted by a Police Officer or by a Magistrate.
25. Enquiry-Departmental Proceedings.
26. Enqiury officer recommended his exoneration
27. Enquiry instruction-Absence of specific provisionin the rules the police authorities are bound to follow instructions.
28. Expression " immediate" within reasonable time.
29. Failure to account for the entrusted money.
30. Import and effect word " Immediate"
31. Intermediate school Course.
32. Investigation conducted by D.I.G.
33. Investigation disclosing prima facie case a judicial prosecurtion should normally follow.
34. Investigation-Offence against police officer.
35. Fresh enquiry on same charge.
36. Mandatory-Departmental enquriy.
37. Misuse of power by Police Officer.
38. Obligatory on the part of S.S.P to bring the case to the notice of District Magistrate.
39. Opinion of the District Magistrate.
40. Order of dismissal by an authority subordinate to the appointing authority.
41. Plaintiff purporting to exercise authority of a police officer in plain clothes.
42. Police Departmen cannot pick and choose the cases for obtaining the sanction of District Magistrate.
43. Police Officer committing offence in relation on public.
44. Promotion
45. Procedure-Complaint against.
46. Prosecution –Offence committed by Police Officers.
47. Provisions are mandatory.
48. Resort to departmental proceedings.
49. Rule applicable only if criminal offence has been committed by a Police officer " in connection with his official relations with the public.
50. Rule mandatory.
51. Scope.
52. Speaking order-Departmental enquiry.
53. Suggestion is not to be equated with the expression "dictate"
54. Tearing off the Rapat Rojnamcha by the police Head Constable.
1. Charge against police official regarding molestation of a girl. Rule 16.38
shows that it is the District Magistrate who, on receipt of information regarding the commission by a police officer of a criminal offence in connection which his official relations with the public , is firstly to decide whether investigations of the complaint shall be conducted by a police officer or made over a selected Magistrate having first class powers. If a prima facie case is established, then a judicial prosecution has normally to follow. It is the District Magistrate who has to decide whether instead of a judicial protection the matter should be disposed of departmentally. Rule 16.38 (1) and (2) vests the power in the District Magistrate alone. The judicial prosecution is the rule and the departmental inquiry as an exception. The sources of power to direct departmental inquiry instead lays down the authority empowered to act. No. officer other than the District Magistrate who has to consider if a departure from judicial prosecution would be justified and to give and valid reasons for the proposed departure. The jurisdiction to exercise the power under PPR 16.38(1) and (2) is given to the District Magistrate. A District Magistrate is other than an Addl. District Magistrate. The distinction between the post of a District Magistrate and an Addl. District Magistrate is quite clear and the two cannot be equated. By virtue of the notification, an Addl. District Magistrate may exercise all or any of the powers of the District Magistrate under the Criminal Procedure Code or under any other law for the time being in force, but he does not thereby acquire the status and rank of the District Magistrate. Whatever might be the powers of the Addl. District Magistrate to carry on the administration of the District, he is not appointed as a District Magistrate. There is an absence of a notification under Section 10(1) and thus the two above named officers are not appointed as District Magistrate. The exercise of power under PPR 16.38(1) and (2) is vested in a District Magistrate and could not by the side wind of a notification under Section 10(2) of the Criminal Procedure Code be conferred on an Addl. District Magistrate. The Addl. District Magistrate, who is invested with the powers of a District Magistrate, does not thereby attain the status of the District Magistrate as sub-section (3) of Section 10 itself makes clear. The fact that the Addl. District Magistrate may have all the powers of a District Magistrate may have all the powers of a District Magistrate does not make him a District Magistrate inasmuch as there can be only one person in the District which can be a District Magistrate and that is what is referred to in Rule 16.38(1) and (2). Malkiyat Singh vs. Delhi Administration and others, 1989(3) S.L.R. 58.
2. Charge of Bigamy against Police Head Constable. The disciplinary authority was not competent is issue the second show cause notice after issue of the first show cause notice and he could not direct taking the additional evidence by way of examination of the first wife of the applicant. He also pointed out that as contended by the respondents, P.P.R. 16.28 was not applicable to the present case. The applicant was informed on 9.1.1969 (Annexure 'O' to the petition) that "a Superintendent of Police, is empowered to make further investigation or direct such to be made before passing order P.P.R. 16.28.
In the present case, P.P.R. 16.28 is not attracted and the disciplinary authority could not act under the provisions thereof because the said Rule envisages calling for the records of awards made by the subordinates. No rule, however, has been shown to us which prohibits or limits the powers of the disciplinary authority in directing the recording of fresh evidence in the light of the plea advance-by the delinquent officer in his reply to the show-cause-notice. In the present case, the applicant had taken the plea in his reply to the first show-cause-notice that he had contracted the second marriage with the consent of his first wife, who had been ailing for 13 years. Vinodi Lal vs. Union of India and others, 1988(5) S.L.R. 543.
3. Colourable attempt to avoid effect of Rule 16.38 sub-rule (1). The allegations against Ram Kishan and others were that they had inflicted a knife injury on Mst. Batto, a Harijan woman and the medical report showed that the injury was with a blunt weapon though the injury was simple. He further said that S.P. ordered him to start a departmental inquiry against the plaintiff. There is no evidence that any immediate information was given to the District Magistrate of the complaint received against the plaintiff. Neither is there any evidence that the District Magistrate decided that the investigation shall be conducted by the police officers, who conducted it.
The learned counsel for the Government further contended that the charge against the plaintiff in the departmental proceedings was a charge of negligence and not a charge in connection with the commission of a criminal offence in connection with his official relations with public.
according to the final sentence in the summary of allegations this action
amounted to gross negligence of duty and misconduct. It seems to us that it was a colourable attempt to a void the effect of
Police Rule 16.38 sub-rule (1). It is a
clear case of criminal offence and it was a mere device to call it gross
negligence. Following the case Delhi
Administration vs. Chaman Shah, (1969) 3 SCR 653, we hold that as in this case
there has been no compliance whatsoever of Rule 16.38, sub rule (1) the order of
dismissal is illegal. Union of
4. Commission of Criminal offence by Police Officer. Judicial prosecution is the rule and departmental enquiry is an exception. Malkiyat Singh vs. Delhi Administration and others, 1989(2) RSJ 74.
proceedings. The Superintendent of
Police is required to send information to the District Magistrate only when a
criminal offence has been committed by a police officer "in connection with his
official relations with the public". In
the present case, there is nothing on record to show that the petitioner was
accused of having committed an offence in connection with his official
relations with the public. It was during
the preliminary enquiry, that some evidence came on the record to show that the
petitioners had certain connection with the wife of Dharam Pal. The proceedings were initiated in the present
case, on the basis of a complaint submitted by ASI Shkhbir Singh, and the complaint
itself did not disclose the commission of a criminal offence by the petitioner
in connection with his official relations with the public. Brij Pal Singh, Constable vs. State of
Condition of
service. Police officers hold office
during the pleasure of the President under Article 310 of the
Constitution. The condition of their
service can be regulated by the legislature under the proviso to Article 309
and the Police Act, 1861 may be regarded as such legislation. Daulat Ram vs. Union of
Concurrence of
the District Magistrate not obtained before passing the order. It is not disputed that concurrence of the
District Magistrate had not been obtained.
In view of this, the order of removal passed against the petitioner for
the criminal offence committed by him in connection with his official relation
with the public was passed in violation of the said mandatory rule. The order shall thus be deepend to be a viod
order. State of
Court cannot
interpret rules so as to make, modify or amend them. Court cannot make law, it can merely
interpret or construe it, and not modify or amend it under the cloak or guise
of interpretation, though in this process of construction it may give the law
shape, but this is permissible only within the strict limits of discernible
legislative scheme or intent. AIR 1956
Prosecutoin against police officer. Rule
16.38 prescribes-more correctly we may say Rule 16.38 lays down the guidelines
of the procedure to be followed when a Superintendent of Police receives any
complaint about the commission of a criminal offence by a police officer "in
connection with his official relations with the public". The Superintendent of Police is enjoined to
give immediate information to the District Magistrate who is thereupon to
decide whether the investigation of the complaint shall beconducted by a Police
Officer or by a Magistrate. It is stated
htat though's judicial prosection shall normally follow', the matter may be
disposed of departmentally if the District Magistrate so orders, for reasons to
be recorded. The further Departmental
procedure is prescribed by the remaining clauses. It is clear that Rule 16.38 is not designed
to be a condition precedent to the launching of a prosecution in a Criminal
Court; it is in the nature of instructions to the Department and is not meant
to be of the nature of a sanction or permission for the prosecution. Nor can it override the provisions of the Criminal
Procedure Code and the Prevention of Corruption Act. State of
10. Criminal Prosecution Rule confined only to departmental enquiries. The only point pressed upon me is that the Courts below have gone wrong in holding that the compliance with Rule 16.38 of the Punjab Police Rules, 1934, was not a condition precedent to the prosecution of a police officer in a court of law. I find no merit in this submission. A plain reading of the said Rule shows that its application is confined to departmental enquiries only. Lal Chand vs. The State, 1983(2) S.L.R 33.
Delay in taking
departmental proceedings after acquittal from Criminal Court. It was also follow that he would not only be
entitled to be confirmed in his rank of Sub-Inspector of Police but his
seniority as Sub-Inspector would also have to be properly determined attracting
the further consequence of whatever opportunities that might accrue to him in
the matter of promotion. A part from the
view, which I have taken, that this was not permissible or legal, it seems
difficult to justify the delay in taking such departmental action. No justification for this has even been
attempted in the return in spite of a specific complaint of "harassment" and "vindictiveness"
by reason of such departmental action being taken against him, after such
delay. The whole of these proceedings
have to be also viewed in the background of P.P.R. 16.38 which requires that
every allegations of committing a criminal offence by a police officer in his
relations with the public as a police officer having to be reported to the
District Magistrate without loss of much time (three months) for him to decide
whether the matter should be placed before a Court or, for reasons to be
recorded by him in writing, only departmental action should be taken. Elementary fairness to a public servant would require that the sword
of Democles should not be allowed to hang over him longer than necessary;
otherwise there is the likehood of degeneraction into an engine of
oppression. Whether the departmental
action taken against the petitioner in this case was legal or illegal, mininum
fairness required that the said action was taken at least expeditiously and not
after so much unexplained delay as has unfortunately happened in this
case. Shri Kundan lal vs. The Delhi
enquiry after deviation from the normal rule of prosecution. After the completion of the departmental
enquiry against him in pursuance of the
said order. According to the learned
counsel if the petitioner had felt aggrieved by this order he should have
challenged it right at the stage when the departmental enquiry was launched
against him. This submission of the
learned counsel prima facie appears to be of some weight but holds no water
when examined minutely. It is nobody's
case that order Annexure P.3 was ever communicated to the petitioner at any
stage. He thus never knew that the
Deupty Commissioner had passed the order for initiating a departmental enquiry
against him without recording any reasons for the same. Sarup Singh vs. State of
enquiry-Criminal Prosecution. The only
object of this rule is that no offence alleged to have been committed by a
police officer in connection his official relations with the public and brought
to the notice of the Superintendent of Police should be disposed of
departmentally ion accordance with the provisions of the rules found in Chapter
XVI without obtaining the prior approval of the District Magistrate for that
purpose. Judicial prosecution for such
an offence is the normal rule and departmental action is an exception and it is
only to bring the case within that exception that prior direction or order of a
District Magistrate is required. In case
the normal procedure of launching judicial prosecution is to be followed, there
should be no necessity of obtaining the prior approval of the District Magistrate
and certainly it was not the intention of rule 16.38 to obtain such a sanction
in derogation of the relevant provisions of the Code of Criminal
Procedure. If the construction as sought
to be placed by the learned counsel for the petitioners for rule 16.38 is
acceded to, it would be difficult to reconcile the provisions of rules 16.11
and 16.12 with those of rule 16.38. Shri
Beli Ram and others vs. State of
14. Departmental enquiry--- Reduction in rank. It can easily be concluded that noncompliance of P.P.R. 16.38 is fatal to the departmental/enquiry held against the applicant. It cannot be disputed that under Rule 16.38, it was proper for the authority concerned to initiate legal proceedings against he applicant in the normal course. Since the deviation has been made from the normal rule and departmental proceedings were initiated against the applicant without seeking permission of the District Magistrate, the departmental enquiry conducted against the applicant is illegal. It was necessary that for initiating departmental enquiry against the applicant, the permission of the District Magistrate was obtained. The result of the above observations is that the departmental enquiry held against he applicant was not in consonance with the provisions as contained under Rule 16.38. Gurdyan Singh vs. State of H.P. and others, 1988(7) S.L.R. 174.
15. Departmental enquiry without the permission of District Magistrate not bad.
A perusal of the charge-sheet set out leaves no manner of doubt that the allegations against the petitioner was (1) that he mixed up the bad characters of ilaqa (2) that he was found absent from the police station without permission on the night between 6/7-8-66 about 11.5 P.M. (3) that an entry in that respect was made in the daily at serial No. 26 dated 6th August, 1966. The said charges can be enquired into
16. Departmental inquiry. According to the plain intention of Rule 16.38 of the Punjab Police Rules, Vol.II, the District Magistrate is to decided for himself whether the enquiry was to be done by a Magistrate or by a police officer. The enquiry by a police officer may, not be desirable in many cases and it is not for the Superintendent of Police himself to suggest that a departmental enquiry should be launched. All that the Superintendent of Police is enjoined to do is to submit his report to the District Magistrate who alone is to decide what should be done.
16.38 had been breached in two essential aspects and the enquiry had been
initiated in violation of the elementary rules of procedure and the order of
dismissal was set aside. Walaiti Ram vs. State of
17. Departmental
officer is not excepted to put his complaint in the form of a Petition. A
Departmental officer is not excepted to put his complaint in the form of a
petition. It may take the form of a departmental note or a confidential report.
Sometime the information or accusation received may be oral or to be inferred
from the conduct of the concerned police officer. The facts against him
themselves may speak more eloquently than any piece of writing. A certain
secrecy is often attached to information relating to the commission of an
offence and it would be against human nature to expect that such information
must always be in writing. Daulat Ram vs. Union of
18. Disciplinary
proceedings. It is not absolutely necessary that a list of prosecution
witnesses must be given to the Government servant facing the inquiry to make
him know the charges brought against him. Union of
19. Dismissal
– Dispensing with enquiry. Rule 16.36 laying down holding of a preliminary
enquiry by District Magistrate – Obligatory on the SP to refer matter to
District Magistrate. Ashok Kumar, former Sub Inspector vs. State of
20. Dismissal
from service. Case not brought to the notice of District Magistrate.—S.S.P.
failing to perform statutory obligation – Impugned order of dismissal cannot be
sustained. Ex.Sub Inspector Mohinder Singh Cheema vs. State of
21. Dispensing
with enquiry. There was no material before the Superintendent of Police to come
to the conclusion that it was not reasonably practicable to hold enquiry in
this case. The satisfaction of the Punishing
Authority is the condition precedent for invoking the provisions of
Proviso to Article 311 of the Constitution . A bare perusal itself shows that
the Superintendent of Police has held that it was not reasonably practicable to
hold departmental enquiry. I asked Mr.Rajiv Atma Ram, counsel for the
respondent to show the material on the basis of which this satisfaction was
based. There is hardly any material on record on the basis of which an opinion
can be formed that it was not reasonably practicable to hod a departmental
enquiry. Consequently, the order of dismissal in the present case is wholly
arbitrary, unreason able and capricious and, therefore, cannot be sustained.
The order of the Superintendent of Police is clearly outside the scope of
Article 311 of the constitution and consequently it was incumbent upon the
Superintendent of Police to have held enquiry in the present case before
punishing the petitioner. Ashok Kumar, Sub Inspector of Police vs. State of
22.District Magistrate gave
sanction without recording any reasons. In the present case the complaint
received by the Superintendent of Police (City)
23. District Magistrate ordering departmental enquiry. The report
of the Vigilance Department was enclosed with the papers forwarded by the
Superintendent of Police, the District Magistrate must be deemed to have made a
perusal of it and the order passed for a departmental enquiry was a full
compliance with the Police Rules. Ram
Singh Dhawan vs. The State of
24. District
Magistrate to decide as to whether the investigation of a particular type of
complaint shall be conducted by a Police Officer or by a Magistrate. The Legislature has itself performed the
essential function of creating an agency to detect crimes and what has been
delegated to the Executed Government is the task to implementing the purposes
and the objects of the Act. It would be trite to say that an effective and
proper method of implementing the policy of the Legislature would be to frame
rules on the subject for ensuring uniformity of treatment. The crimes may be
committed by the public at large or by their members of the agency created by
the statute. The procedure for investigation of these crimes is essentially a
matter of detail and the task of providing for this procedure has been left to
the Executive authority. The impugned rule only empowers a District Magistrate
to step in and to make a choice between one agency or the other to investigate
a particular class of crimes committed by police officers. It falls squarely
within clause (a) of sub-section (2) of Section 46 and has the added protection
of clause (c) of sub-section of the same section. Raj Kumar vs. State of
25. Enquiry—Departmental proceedings. I am of the opinion that this was merely a formal order passed in pursuance of the decision of the Chief Commissioner taken on 11th of January, 1977, in which discussion even the District Magistrate was present and he merely carried out the decision of the Chief Commissioner and in furtherance of the same passed the order dated 12th of January, 1977. It is again not disputed before me that under sub-rule (2), there has to be application of mind by the District Magistrate alone and the moment it is found that he did not apply his own mind but passed the order on the dictates of some superior authority, then such an order would be no order in the eyes of law and would stand vitiated. The question which is to be seen is whether on the facts of the present case, the order dated 12th of January, 1977, was passed by the District Magistrate of his own or at the behest of the Chief Commissioner, pursuant to the decision dated 11th of January, 1977, in which the District Magistrate was also present. As already found above, the District Magistrate was merely carrying out the order of the Chief Commissioner dated 11th of January, 1977, and, therefore, the order dated 12th of January, 1977, passed by the District Magistrate cannot be allowed to stand in law and deserves to be quashed. Sita Ram, Sub-Inspector of Police vs. Union Territory of Chandigarh and others, 1981(1) S.L.R. 438
26. Enquiry officer recommended his exoneration. A State Government cannot order disciplinary enquiry under R. 1637, 16-38 and 16-40 through an officer other than a police officer or Magistrate. The Rule, therefore, empowers the State Government to conduct an enquiry by such an officer if administrative exigencies so require. The proviso further empowers the State Government to order enquiry under CCS (CCA) Rules, 1965, where it is of the opinion that it is not feasible to conduct an enquiry in accordance with the procedure laid down under the P.P.S. Rules. It can also order such an enquiry, if a joint enquiry is found necessary with officers who are governed by the CCS (CCA) Rules. If the enquiry is ordered under R. 16-38 (as was done by the Addel. Commissioner of Police in the present case) the enquiry has to be conducted by a police officer and under the provisions of the Punjab Police Rules. In forming its opinion the State Government must address itself to a question whether it is feasible to conduct an enquiry under R. 16-38 or not. The procedure under R. 16-38 and R. 16-42 is thus mutually exclusive. If there is no inquiry under R. 16-38 then alone an inquiry can be ordered under R. 14-42. If R. 16-38 and R. 16-42 are read together it is clear that once an enquiry is held under R. 16-38 no enquiry can be held simultaneously or afterwards under R. 16-42. Shyamdev vs. union of India and others, 1982(3) S.L.R. 784.
27. Executive instructions – Absence of specific provision in the rules the police authorities are bound to follow instruction. In case the competent or the controlling authority cannot release the official whose assistance is being sought the delinquent official must be informed so that he can suggest another name. The circular upon which the petitioner is relaying takes that principles to its logical conclusion. M. Bagai, learned council for the respondents, was unable to show me any provision in the Police Act or in the Punjab Police Rules by which the respondents have been permitted to ignore the administrative instructions issued from time to time by the Government of India. In my view, in the absence of a specific provision in the Punjab Police Rules to the contrary, the said circular of the Government of India was applicable and the police authorities were enjoined to follow the same. I reject the contention of Mr. Bagai that the police authorities were not bound by the instructions given in the circular. The non-application of mind by the authorities on this plea ha resulted in injustice. This finding by itself can be made the basis for setting aside the departmental enquiry. But for the reasons which I give herein below I am not setting aside the enquiry proceedings or the impugned orders. Instead in exercise of discretion vested in this court under Article 226 of the Constitution of India I mould the relief. The petitioner who was a constable in the Delhi Police has been put of service for the last 16 years, having been dismissed in the year 1968. In the year 1971when he filed the present petition, he was 43 years old, as per his supporting affidavit. As to what the petitioner has been doing for the last 16 years in not clear from the petition. Mr. Budhiraja's contention is that he was without a job and in fact has been idle. Whether he was working or not is not the question to be decided. What is to, be seen is whether he can be said to be physically and mentally fit to undergo the hardships which a constable is expected to face? Would he be able to because of the long interval, carry out the orders of his superiors without any reservation? The petitioner now is 56 years old. In this for intervening period of 16 years, for reasons beyond his control, he could not take part in parades, physical training exercises, games and other training programmes which are essential for a member of police force to remain not only physically fit but also mentally alert. He has been deprived of leading an active, organised and disciplined life. Jiwan Singh vs. The Administrator, Union Territory of Delhi and others, 1985(1) S.L.R. 781.
28. Expression "immediate" means "within reasonable" time – The primary justification of rule 16.38 being inserted in the Rules is to ensure priority being given to a criminal trial in preference to a departmental enquiry when a police officer is accused of the commission of a criminal offence in connection with his official relations with the public. Under Section 190 of the Criminal Procedure Code, cognizance of an offence may be taken by a criminal court either on a complaint or on a police report or otherwise. This is an additional reason why the meaning of the word 'complaint' in the rule can not be restricted only to a written petition.
In the present case, the accusation
against the plaintiff appellant was that he come into possession of Rs. 150/-
in the course of his official duties. He was entrusted with that money. His
failure to account for the same amounted ton criminal breach of trust within
the meaning of Section 405 of Indian Penal Code. He was therefore, entitled to
the protection of rule 16.38. The direct institution of departmental action
against him in complete disregard of the said rule was, therefore, illegal and
ultra vires Rule 16.38. The departmental enquiry and the punishment imposed on
the plaintiff by the order dated 20.2.1958 are, therefore, quashed. As the suit
of the plaintiff had been dismissed on a preliminary ground, the case is
remanded to the trial Court for trial on merits as to whether the police
authorities would not like to comply with rule 16.38 and if so whether the
plaintiff appellant is to be placed in his former position as officiating
Sub-Inspector of Police or on suspension till the matter against him is finally
decided and what should be his pay and if he is entitled to the arrears of pay
claimed by him and such other matters. Daulat
Ram vs. Union of
30. Fresh enquiry on same charge – The impact and effect of the word "immediate" in the opening part of rule 16.38(1) of the Police Rules. Permitting resort to the said rule after such a long time, would in my opinion, amount o ignoring the statutory requirements of the said rule. I, therefore, hold that so much of the order of the Deputy Inspector-General of Police, Ambala Range (Annexure 'I) as directs compliance with the provisions of Police Rule 16.38(1) by placing the matter before the District Magistrate, Rohtak at this stage, is contrary to the provisions of law, and has to be struck down. The order of the appellate authority quashing the order of punishment passed by the Superintendent of Police, Rohtak, is manifestly correct and has to be upheld. Bhajan Singh vs. Shri Bahal Singh, S.P. Rohtak and another, 1967 S.L.R. 601.
31. Import and effect of word 'Immediate' – Learned counsel has then contended that the observation made in the confidential report of the petitioner (Annexure "H") which have been quoted in an earlier part of this judgment, and the warning administered to him therein and on April 17, 1965 (Annexure 'C') are mala fide and should be quashed. Without entering into the allegations of mala fides, I think the Superintendent of Police had no jurisdiction to administer a warning to the petitioner (warning itself being a punishment), on allegations which were still pending enquiry before the departmental authorities. Same applies to the observations in the confidential report relating to the Chuchakwas liquor taking incident. For the foregoing reasons I set aside and quash the order, dated April 17, 1965 (Annexure 'C') administering warning to the petitioner and direct that the portion relating to the Chuchakwas incident from the confidential report (Annexure 'H') shall also be deleted. Bhajan Singh vs. Shri Bahal Singh, S.P. Rohtak and another, 1967 S.L.R. 601.
33. Investigation
conducted by D.I.G. – Investigation has admittedly been conducted at least by
the D.I.G. into the complaint without complying with the provisions of Rule
16.38(1) of the Police Rules. The entire investigation proceedings against the
petitioner in this case have, therefore, been vitiated on that account. Avtar Singh Uppal vs. The Inspector General
of Police,
34. Investigation
disclosing prima facie case a judicial prosecution should normally follow – The
provisions of sub-rules (1) and (2) of Rule 38 are attached in cases of
complaint received by the Superintendent of Police, indicating the commission
by a police officer of a criminal offence in connection with his official
relations with the public. In such a case, the Superintendent of Police is
required to bring the complaint to the notice of the District Magistrate who is
decide whether the investigation of the complaint should be made by a selected
Magistrate having first class powers or should be left to a police officer. If
the investigation discloses a prima facie case, a judicial prosecution should normally
follow unless for reasons to be recorded in writing the District Magistrate
directs that the matter should be disposed of departmentally.
– Offence against police officer – Coming to the facts of the instant case it
may be pointed out that in view of the opening words of the said Regulation
namely "when the offence alleged against a police officer, amounts to an
offence only under Section 7 of the Police Act," the said Regulation also
stands on the same footing as Rule 16.38 of the Punjab Police Rule. In mahendra Singh vs. State, AIR 1956
enquiry. The primary challenge to these
orders in on the ground that the procedure prescribed in Rule 16.38 of the
Punjab Police Rules, as applicable to Haryana, has not been complied with the
petitioner has been materially prejudiced by the said non-compliance. The
precise argument is that on the basis of the preliminary enquiry held under
sub-rule(1) of the said Rules, the District Magistrate concerned had to pass
resoned order for not prosecuting the petitioner in judicial Court which
otherwise is a the normal rule. A bare reading of this order manifestly
indicates that the District Magistrate has not recorded any reson whatsoever
for deviating form the normal course of launching a prosecution against the
petitioner and ordering a no compliance of the requirements of sub-rule (2).
The District Magistrate who has been arrayed as respondent No. 4 to this writ petition has not even cared to
file a reply to the same. Sarup Singh vs . State of
33. Misuse of power by police officer. Rule 16.38 however, has no application where information of the commission of such an offence has been received by any Court. The Rule is , however, has on a salutary principle that a complaint of the commission of an offence against the Police Officer should not be dealt with by the Police Administration itself and should be left to be dealth with by the District Magistrate, and where investigation discloses a prima facie case a judicial prosecution should normally follow unless the District Magistrate, for a reasons to be recorded, decides, that the officer concerned may be dealt with departmentally. It was, therefore, consistent with this Rule that Jain. J referred the matter for inquiry to the Chief Metropolitan Magistrate. The Chief Metropolitan Magistrate has found a prima facie case against two officers, has exonerated the third has given the benefit of doubt to the fourth .
I would direct that the Commissioner of Police would initiate appropriate proceedings at his own level or at such lower but senior level as having regard to all the circumstances, he consider to be necessary to deal with the allegations made against the delinquent officers, who have been indicated in the two reports and who may otherwise appear to him to be concerned and to consider what steps are necessary to deal generally with the problem of misuse, abuse or excessive use of power by the Police officers and take such action as may be considered necessary by him. Satpal vs. Assistant Commissioner of Police, 1984 (1) S.L.R. 613.
34. Obligatory on the part of S.S.P to bring the case to the notice of District Magistrate. It was asked from the S.S.P why he did not bring this case to the notice of the District Magistrate as required by Rule 16.38 of the Punjab Police Rules. He could not give any proper reason in support of his. It may be pointed out that the provisions of Rule 16.38 of the Punjab Rules deal with holding of departmental enquiry as envised by Article311 of the Constitution of India. It was obligatory according to Rule 16.38 for the S.S.P to bring this case to the notice of the District Magistrate and it was for the District Magistrate to decide whether a departmental enquiry should be held or a criminal prosecution should be ordered. The S.S.P. failed to perform the statutory obligation. In my opinion, the S.S.P, has violated the mandatory provisions of Rule 16.38 dismissing the petitioner form service summarily without following of Rule 16.38. mohinder Singh Cheema, Ex-Sub-Inspector vs. State of Punjab through Home Secretary, Chandigarh, 1990 (5) S.L.R. 90.
of District Magistrate. Rule 16.38 is really meant to have a
completely objective and unbiased consideration by the District Magistrate
whether a particular case relating to official relations of the Police with the
public should be tried by a Magistrate having first class powers or
investigated departmentally by the police authorities themselves. But there may
be case which are not required to be forwarded to the District Magistrate. Madan
Gopa vs. The
36. Order of Dismissal by an authority subordinate to the appointing authority. There cannot be better case of illegality of the order that the author of the order himself felt that the order cannot be sustained. It is also clear that the Punishing Authority of the petitioner was D.I.G. as he was promoted under his orders. Consequently, the decision to dispense with the enquiry could be taken by the D.I.G. In this view of the matter the impugned order is illegal. There is no material on the file to show that the punishing authority was satisfied that it was not reasonably practical to hold enquiry against the petitioner. Therefore, the order of dismissal is arbitrary, unreasonable and capricious as it denies equality before law and equal protection to the person concerned and, therefore, violative of Article 14 of the Constitution of India. For this reason, the order of Dismissal form service being violating of Article 14 of the Constitution is bad in the eye of Law. Ashok Kumar, Sub Inspector of Police vs. State of Punjab and others, 1990 (3) S.L.R. 127.
37. Plaintiff purporting to exercise authority of a Police officer in plain cloths. Plaintiff purporting to exercise authority of a police officer an Devin if he was in plain clothes it does not mean that he was not purporting to act as a police officer Union of India vs. Ram Kishan, 1972 S.L.R. 11.
38. Police Department cannot pick and choose the cases for obtaining the sanction of District Magistrate. There has been no explanation at all why the petitioner's case was not put up before the District Magistrate when the case of Kishan Chand was duly put up, the mere fact of his arrest or his having incited the Police Force demonstrating before the Home Minister's residence would not make any distinction in principle. If in the case of Kishan Chand it was a case of his allegedly committing a criminal offence, on identically the same accusation against the petitioner and in exactly similar terms and his case was put up before the District Magistrate under rule 16.38 for his orders, the case against the petitioner also had to be similarly put up; in other words, the Police Department cannot pick and choose at its sweet will, the kind of cases which they would put up under Rule 16.38 to the District Magistrate for his orders when accusations were identically the same. Such a course, is permitted is likely to greatly undermine the confidence of the police force in their official superiors. Ram Karan vs. Union of India and others, 1975 (2) S.L.R. 683.
39. Police Officer committing offence in relation to public. Petitioner, a Police Officer, during performance of his duties came in to contact with the drivers of trucks which were stopped and not challaned by him. The petitioner committed a criminal offence under Section 217 India Penal Code. The Petitioner was proceeded against departmental without obtaining orders of District Magistrate to enquiry in to his conduct under rule 16.38 (1) of Punjab Police Rules.
Whenever a Police officer in the discharge of his official functions
comes to have official relations with the public and commits a criminal offence in connection with those relation rule 16.38 (1) of Punjab Police Rules becomes applicable irrespective of the fact whether any member of the public was aggrieved of his conduct or not. It could not be contended that before rule 126.38 became applicable, member of the public should be aggrieved of the conduct of police Official. A Police Officer by committing an offence in connection with his relations with a member of public fact be benefiting that person by not proceeding against him under the law when that person makes himself liable to be proceeded against and so he may not be aggrieved of the conduct of the Police Officer. Ajit Singh vs. Delhi Administration and others, 1973 (1) S.L.R. 1100.
40. Procedure—Complaint against. Rule is mandatory for the investigation of cases
to departmental inquires and the holding of departmental inquiry in accordance
with the procedure prescribed thereunder. Harishyam
A.S.I vs. St ate of
41. Promotion. Allegations some pending enquiry-Inaction on part of authorities for not making any steps for conducting alleged enquiry—Master of promotion kept in abeyance for a decade—Petition allowed. Sukhdev Sindh, Head Constable vs. State of Punjab and others, 1989 (2) RSJ 295.
42. Prosecution—Offences committed by Police Officers. It may be noticed
that the three decisions of this Court which have been referred to above related to departmental inquires and not criminal prosecutions for offences committed by the delinquent police offices. The pronouncements in those cases will therefore govern only cases where departmental inquires are held in contravention of the procedure prescribed by the Police Rules. The reason for a special procedure being prescribed in the Rule for investigations before departmental inquiries are held against delinquent police officers is not far off to see. N the very nature of their duties, the members of the police force would often stand exposed to criticism and complaints by not only the members o f the public but also by the members of the force themselves and consequently they stand placed more vulnerable than member of other. Government service, of being implicated in false or exaggerated charges. In order to protect them from false implication and resultant proceedings, the Government had thought it necessary to have initial screening of the Complaints received against members of the police force by the District Magistrate. Such Screening would however extend only to matters which fall within the Zone of departmental action and it could never extend to cases where the offences alleged to have been committed would attract investigation under the Criminal Procedure Code in the same manner the investigation would be attracted if the offence complained of had been committed by any member of the public. That t he procedure prescribed in Rule 16.38 has only a limited field of operation i.e applicable only to departmental inquires and punishments could be seen from the fact that clause 3 of the Rule enjoins every Magistrate to whom a complaint against a police officer is referred by the District Magistrate for judicial enquiry to report the details of the case to the District Magistrate in order to enable the District Magistrate to forward the report to the Superintendent of Police. The clause further says that if the District Magistrate himself takes cognizance of a case, he should of his own accord send a report to the Superintendent of Police. Clause IV of Rule 16.38 also throws light on the matter an brings out the objective in greater clarity. This clause sets out that in order to protect the interests of police officers serving in districts where petition mongering activities are notorious, the District Magistrate can direct that all petitions complaining about police officers shall be presented to him personally so that he can scrutinize them to find out whether he petitioner are of a frivolous nature of they have been engineered by factious groups in the districts etc. in fact, the words used in the clause are of a tell-tale nature viz. "complaints against police officers in those districts where abuses of law with the object of victimizing such officers or hampering investigation in rife.
All these features make it clear that the purpose
underlying the rule is to enable the District Magistrate and the District
Superintendent of Police to exercise personal control and Superintendent over
the complaints received against members of the police force in the performance
of their duties and enable the District Magistrate of ensure that the complaint
is not a baseless or by a selected Magistrate. The procedure envisaged by the
Rule is for effective check being exercised against victimization of efficient
and honest police officers on the one hand and favoritism being shown to the
delinquent police officers on the other. These rules were not intended to
replace and certainly cannot over-ride the provisions of the Criminal Procedure
Code. The Full Bench was therefore in error in taking the view that the Rules
lay down a special procedure for investigation of all offences committed by the
member for investigation of all offences committed by the members of the police
force and, that they have over-riding effect over the provisions of the
Criminal Procedure Code in terms of Sections 4 and 5 of the Code. State of
47. Provisions
are mandatory. As the mandatory provisions of the Police Rules 16.38 were not
followed, it must be held that the departmental enquiry which was being
conducted against the petitioner was altogether illegal and invalid. Air 1962
48. Resort to departmental proceedings. Provisions of Rule 16.38(1) and (2) being mandatory, compliance with the same is imperative. As provided by sub-rule (2) when on an inquiry under sub-rule (1) a prima facie case is established indicating the commission by a police officer of a criminal offence in connection with his official relation with the public a judicial prosecution is normally to follow. But the District Magistrate has been given power the order departmental proceeding instead, for reasons to be recorded by him. Failure to record reasons for proceedings departmentally instead of judicial prosecution, renders the order illegal. Nand Nandan Sarup vs. The District Magistrate, Patialal, 1966 Cur. L.J. 608= P.L.R. 747
49.Rule applicable only if criminal offence has been committed by a Police Officer "in connection with his official relations with the Public". Rule 16.38 has no relevance to the facts of the persent case, and therefore, it has no application. Even a cursory reading of the language employed by the above quoted portion of Rule 16.38 shows that it is not every type of offence which is required to be brought to the notice of the District Magistrate. The plain reading of the rule suggests very clearly that the criminal offence which is required to be brought to the notice of the District Magistrate should be one which should b e found to have been committed "in connection with his official relations with the public". Therefore, unless it is found that the criminal offence, which a particular officer is said to have committed, was committed by him in connection with his official relations with the public, no question of the application of Rule 16.38 would arise. Shri Bhagat vs. Inspector General of Police, Himachal Pradesh and others, 19793) S.L.R 256
50. Rule mandatory.
If this rule is not meticulously followed in its letter and spirit, it
could thwart the statutory right of a District Magistrate to order a
departmental enquiry against a delinquent police officer for, if the
investigation is made without a prior reference to him the evidence collected
in the course of such an investigation could not be used against be used
against the delinquent officer in departmental proceedings at a subsequent
stage. An interpretation which destroys or diminished the allowed object of a
statute should be avoided at all costs. As already stated the object of the Act
is to make the police force a more efficient instrument for the prevention and
detection of crime. The Act does contemplate the holding of departmental
enquiries against negligent police officer. Rule 16.38(1) of the Rules in
mandatory in character and the evidence collected in an investigation held in
derogation of this rule cannot be used against police officer in a criminal
prosecution. Raj Kumar vs. State of
51. Scope. Rule 1638 relates to a criminal offence
committed by a Police Officer in connection with the official business of the
public. AIR 1956
52. Speaking order—Departmental enquiry. The impugned order of the District Magistrate (Annexure P.3) is a self-contained order. It has not been passed in the context of any other notice or proposal by any other authority. The District Magistrate make a reference to the departmental enquiry held against the petitioner under sub-rule(1), finds the charges to have been prima facie established an then suddenly in paragraph 2 of the order, directs the initiation of a departmental enquiry against. Him No. reason whatsoever as required by sub-rule (2) for deviating from the normal course of prosecution has been recorded. Sarup Singh vs. State of Haryana and others, 1983(3) S.L.R. 585.
53. Suggestion is not to be equated with the expression "dictate". The District Magistrate is the superior most. The suggestions by the Superintendent of Police to the District Magistrate (an officer superior in rank) cannot be equated with 'dictate' or a suggestion ' meanigful or otherwise'. Rule 16.38(2) enjoins objectivity to the functions of the District magistrate, again in the larger public interest. It is another matter if that objectivity could be pointed out as utterly lacking of there was no application of the mind. Since, Rule 16.38(2) postulates judicial prosecution to be the normal course and departmental action to be an exception, it enjoins giving of reasons by the District Magistrate, if the normal course is to be deviated from. Ram Phal vs. State of Haryana and ors, 1980(3) S.L.R. 186.
54. Tearing off the Rojanmcha by the police Head Constable. A criminal offence was committed by the plaintiff in connection with his official relations with the public inasmuch as he owed a duty to discharge his official function which are in relation with the public. His tearing off the Rapat Rojnamcha is another offence in connection with his official relations with the public inasmuch as Rapt Rojnamcha is a public record maintained in accordance with law and a police official is not expected to tear it off. No substantial argument has been addressed to substantiate that the act committed by the plaintiff does not fall within the purview of Rule 16.38(1). All the ingredients for the applicability of the said rule stood satisfied. It has not been stated at the bar that any of the ingredients was missing. State of Haryana and another vs. Surjan Singh 1990(2) S.L.R 88.
16-39. Rules regarding proceedings against police officers reported to be habitually corrupt. In all cases in which a report imputing corruption to a police officer is brought on to his personal file, character roll or fauji misal, an attested copy of the report shall be furnished, under the orders of the officer maintaining the record in question, to the police officer concerned, and his receipt therefor shall be filed with the report in question.
16.40. Method of dealing with charges of corruption.--- Charges of corruption shall be enquired into in the manner prescribed in this chapter for departmental enquiries generally. Charges of specific acts of corruption shall be thoroughly investigated by a competent officer, the provisions of rule 16.27 being utilized, if necessary, and the preliminary investigation shall be followed by judicial prosecution or a departmental charge according to the circumstances of each case. Departmental charges based on a general record of dishonesty may also be entertained in accordance with rule 16.25(2).
It is further ordered that, if five reputable persons join in making a written complaint regarding corruption, otherwise than in regard to a case in which they are personally interested directly or indirectly, concerning any police official, the departmental superior of the officer in question shall be bound to make full investigation and to inform the complainants of the result.
1. Departmental Enquiry initiated without requisite permission.
2. Sanction violative of the principles of fair play and natural justice.
1. Departmental Enquiry initiated without requisite permission. The requirements of P.P.R. 16-40 is that further action in each case is to be taken after obtaining orders of the Administration on completion of enquiries/investigation made by the Superintendent of Police, Anti Corruption. I desired the production of the original file in which the permission of the Lt. Governor under P.P.R. 16-40 for taking departmental action against the petitioner was obtained. The original file produced shows that permission for departmental action under P.P.R. 16.40 was granted by the Lt. Governor on 19th December, 1974. The action of instituting a departmental enquiry on permission under
P.P.R 16.40 Reghubir Singh vs. The
2. Sanction violative of the principles of fair play and natural justice. The District Magistrate on the report of the Sub-Divisional Magistrate took a decision that neither departmental proceedings nor the judicial prosecution was called for. I called upon the counsel for the respondents to produce the enquiry report of the Sub-Divisional Magistrate as well as the decision of the District Magistrate. And I have been informed that those have been destroyed. The copy of the report of the Sub-Divisional Magistrate and the decision of the District Magistrate was to brought to the notice of the Lt. Government when permission of the LT. Govrnor under P.P.R. 16.40 was obtained. The Lt. Governor was not even informed of the fact that a complaint containing identical allegations against the petitioner was enquired into by a Sub-Divisional Magistrate under P.P.R. 16.38(1). The Lt. Governor was also not apprised of the fact that the District Magistrate had taken a decision that no departmental proceedings be takne against the petitioner on the aforesaid allegations as those remained unsubstantiated. The obtaining of the permission from the Lt. Governor is this clearly vitiated as it violates the principles of fair play and antural justice. Raghubir Singh vs. The Delhi Administration and others, 1981(1) S.L.R. 826
16.41. Special rules or testings suspicions of corruption in case of upper subordinates.—When an upper subordinate is suspected of being generally corrupt, but definite charges cannot be farmed under rule 16.40 ante, such upper subordinate shall ordinarily be transferred to another district. If the Superintendent of that district arrives at a considered conclusion that the officer concerned is corrupt, the officer shall be called on to show-cause why his increment of pay an promotion should not be stopped until he had satisfied his superiors that he has reformed his habits.
Annual Serial No.
Rank and No.
By whom punished
Nature of misconduct
The reverse end of the register shall be used for entry of judicial punishments.
From no. 16.15(1)
Punishment Return for the month of 19 .
Punishments. – By the Criminal Courts. No.
Dated 19
Serial No.
Nature of Offence
By what Court punished
Sentence Passed
By Police Officers
Serial No.
Nature of misconduct
Designation of officer making award
Punishment awarded
FROM No. 16.16
Head of Department or office
Rank and designation of official punished
Punishment awarded, with the names of the officers who-
(a) Conducted the enquiry and
(b) passed the (original) punishment order
Orders passed in appeal or revision
The form should be completed in four parts as follows:-
A. Departmental cases on charges involving bribery or some other form of corruption –
I. Decided
II. Pending.
FORM No. 16.16 – Contd
B. Cases in which an official has been dismissed on charge not itself involving corruption, but in which his general corrupt record has been taken into account in deciding what punishment should be given.
C. Cases in which an officer is required to retire on completion of twenty-five years' service under note 1 to article 464 of the Civil Service Regulations, on the basis of a reputation for corruption.
D. Cases in which the pension of a retiring official has been reduced by order under Section 470(b) of the Civil Service Regulations, on account of a reputation for corruption.
3. Where any case has been made the subject of proceedings in a criminal court, the fact should be indicated in the remarks column, with particulars.
4. Statements will continue to be compiled by the financial year. The returns , with the accompanying reviews, should reach Government not later than the 15th May.
FORM No. 16.17
Name of Officer
Rank and No.
Date of suspension and re-instatement
Appointment held when suspended
Brief reasons of Superintendent of Police for order passed
FORM No. 16.22(3)
Statement summarizing alleged misconduct -- at page
Prosecution witness 1 -- at page
Ditto 2 -- at page
Ditto 3 -- at page
Ditto 4 -- at page
Ditto 5 -- at page
Ditto 6 -- at page
Ditto 7 -- at page
Ditto 8 -- at page
Formal Charge -- at page
Statement of accused -- at page
Defence witness 1 -- at page
Ditto 2 -- at page
Ditto 3 -- at page
Ditto 4 -- at page
Ditto 5 -- at page
Ditto 6 -- at page
Ditto 7 -- at page
Ditto 8 -- at page
Finding by Order by -- at page
Volume - 3
21-1. Principles of the Criminal Law and Police Organization.-- The Criminal law of India and the Police organization which is based upon it, are both founded on the principle that public order depends essentially upon the responsibility of every member of the community within the law to prevent offences and to arrest offenders. The magisterial and police organization is set up to enforce, control and assist this general responsibility. This fundamental principle must be thoroughly understood and borne constantly in mind by police officers of all ranks, but more especially by gazetted officers and upper subordinates.
Instructions as to the general relations between police and Magistrates are contained in Chapter I of these Rules and some further detailed instructions are placed in this chapter. The ideal to be aimed at in respect of relations with the public is that every police officer, of whatever rank, should be regarded by ever law -abiding person as a wise and impartial friend and a protector against injury to his person and property. In proportion as this ideal is approached, the police will receive the information and assistance which they need, in order to combat crime successfully. When confidence and co-operation are lacking, private persons and village officials resort to connivance at crime and to seeking redress for their own losses through treaty with criminals; the police are isolated in their efforts to prevent and detect offences, and can hope for but a small measure of success.
The proper relations between the police and the public in a district depend primarily upon the personal attitude of the Superintendent, and the example set by him and enforced upon his subordinates. The most important duties of a Superintendent are to know the people of his district and to know what his subordinates are doing. Such knowledge can only be gained by the fullest personal accessibility, activity in touring, thorough and intelligent supervision and a sympathetic interest in the life of the district and the facts and difficulties of the work of his own men. He must inspire confidence in his subordinates, at well as in the public. While alert to check tyranny, dishonesty and other abuses by his subordinates, he must be as accessible to them as to non-officials and ready at all times to help them in their difficulties and support them against the evil influences, which they have to face. This should be the attitude of all supervising officers. They should ensure direct access to themselves unimpeded by their subordinates, and must be ready to give a patient hearing to all complaints and grievance, but must avoid creating any impression of spying which would destroy the confidence and undermine the authority of their officers.
21-2. Ilaqa Magistrate--Relations with.-- The relations between the Ilaqa Magistrate and the Police officers with whom he has to deal should be both cordial and intimate, and every opportunity shall be taken to keep him informed of the state of crime in his Ilaqa Conference between Magistrates and police officers, at which difficulties on either side can be discussed and remedies devised, should be encouraged; police officers coming in with chalans should take the opportunity of obtaining an interview with the Ilaqa Magistrate and discussing with him the state of crime in their jurisdictions; and prosecuting officers, who form a valuable link between the investigating officer and the magistracy, should be instructed to pass on to Magistrates an information of interest of importance regarding criminal matter on which they may be aware. When a Magistrate visits the local area of a police station, the Sub-Inspector should be make an effort to attend at his camp and should offer his assistance as well as discuss with him all matters concerning crime. It is, however, not intended that, in such cases, the Sub-Inspector should leave important duties in order to remain in attendance throughout the tour.
21-3. Zaildars, Inamdars, Headmen and Village Watchmen.--(1) The conditions of appointment and removal, and the duties and remuneration of zaildars, inamdars, and headmen are set forth in the Land Revenue Rules (see Land Revenue Rule 9) with which gazetted and upper subordinate police officers should be familiar. While these village officials have many duties besides those connected with the suppression of crime, capacity to assist the criminal administration is one of the factors considered in making appointments, and failure in this duty is a ground for removal from office or forfeiture of emoluments. In the case of headmen, definite duties in respect of reporting and preventing offences are prescribed by the Criminal Procedure Code, and the Land Revenue Rules (see Land Revenue Rule 16 and 20) require them to attend the summons of all officers having jurisdiction in the estate in which they are appointed to assist all Government officials in the execution of their public duties; to supply information; to assist, if so ordered by the Collector, in the provision on payment of supplies of transport to Government officers on duty, and generally to represent the people of their estates in their relation with Government. Zaildars and inamdars are required by the Land Revenue rules to report to the police heinous crime and the presence in the zails of bad characters; investigations and arrests; to see that headmen perform their duties properly; to notify all orders of Government in their zails and to obey all such orders as require their personal obedience to exert their influence to secure within their zails prompt obedience to all orders of Government; to assist all Government officers in the execution of their duties, to supply them with information and to attend them when they visit their zails.
(2) It is the duty of gazetted police officers and inspectors to take particular note of the work of zaildars, inamdars and headmen. These officials should be encouraged in the performance of their duties and suitably rewarded when they do well; serious or persistent neglect of duty should be brought to the notice of the Superintendent, and by him to that of the District Magistrate. In the periodical inspections of police stations mention shall always be made of the degree of assistance received by the police from the zaildars and other village officials of the jurisdiction, and of particularly meritorious work or noteworthy dereliction of duty on the part of individuals.
(3) Gazetted officers should from time to time, record remarks in the books kept for the purpose by zaildars and inamdars regarding the extent to which such officials fulfil the purpose of their appointment in so far as the police are concerned. Notes may also appropriately be made by gazetted officers in the police station minute book (Register No.13) and in Part IV of Village Crime Books regarding particular zaildars, inamdars and headmen.
(4) The village watchmen, or chaukidar, is a village servant whose chief duty is the watch and ward of the village. He is required to carry reports for the headmen, to assist him in tracing offenders and to make arrests ad authorized by law. He is responsible to the District Magistrate for the performance of his duties.
Chaukidars are also the agency for the reporting of births and deaths occurring in the rural tracts. For the purpose of recording vital statistics they attend at the police station within the jurisdiction of which their villages are situated at certain appointed times, and these occasions are made use of to disseminate items of news and orders connected with the preventive and detective duties of the village officers.
The rules regarding the appointment, dismissal, powers, duties and responsibilities of watchmen are framed by Government under Section 39-A of the Punjab Laws Act of 1872.
21-4. Duties of Police under local and special laws.--Many of the most important and most frequently exercised functions of the police derive from local and special laws. In some cases powers so derived have been specially referred to in different chapters of these rules, but, irrespective of such references, a knowledge of the provision of all local and special laws, more or less comprehensive according to the duties of his rank, is required of every trained police officer.
The constitution of the Police Force itself rests on a special law, the Police Act (V of 1861). The administration of the Excise Act, in co-operation with officials of the Excise Department, is one of the most important of the duties of the police. Under this Act, all police officers of and above the rank of head constable are invested with the powers of excise officers 1st class, and all constables with those of excise officers, 3rd class. The control of crime, especially in rural areas, depends largely upon the Punjab Laws Act, the Registration of Habitual Offenders Act and the Criminal Tribes Act. The Arms act contains cognizable offences of first class importance, and imposes on the police important duties in connection with the inspection of licenses. The Cantonment and Municipal Act impose very extensive and varied duties upon police officers serving in areas to which they apply in relation to the enforcement of bye-laws of all sorts. The powers and duties of the police in relation to fires also emanate from the Municipal Act. The same Act, together with the Hackney Carriage Act, Indian Motor Vehicles Act, Prevention of Cruelty of Animals act and certain sec-control of traffic. The Indian Extradition Act governs the dealings of the police in respect of criminals with Indian States. Many other Acts give powers or impose duties in respect of arrests, custody, search and inspection in relation to particular classes of offence.
21-5. Absconders and Harbourers.--(1) A Vital factor in both the detection and prevention of crime is the execution of the law in respect of absconding and harbouring. The provisions of the law are adequate to prevent both these offences but their proper and comprehensive administration demands the constant attention of Magistrates and supervising police officers. The absence or prevalence of absconding and harbouring are among the acid tests of the efficiency of the criminal administration. Instructions as to the taking out and execution of warrants when persons, whose arrest is required, are not immediately found, are contained in rule 26.5. This is the first essential. Under Section 87, Code of Criminal Procedure, any Court may at any time issues a proclamation against persons for whose arrest that court has issued a warrant. All that is necessary is that the court should be satisfied, not necessarily by evidence, that the said person "has absconded or is concealing himself so that such warrant cannot be executed". The court may further at any time after proclamation "order the attachment of any property, moveable or immovable, or both, belonging to the proclaimed person". The period of thirty days mentioned in Section 87, Code of Criminal Procedure, is that within which the absconder is called upon to surrender, it imposes no delay on the issue of attachment order. The issue of a proclamation under Section 87, Code of Criminal Procedure, renders liable to the penalties of Section 216, Indian Penal Code, any one who gives to the person proclaimed any assistance of the nature described in Section 52-A, Indian penal Code.
(2) The action prescribed in rule 26.5 for obtaining a warrant of arrest shall be taken by the police immediately they have grounds for making such arrest. Every reasonable efforts to execute such warrant shall then be taken. If such efforts fails, the court which issued the warrant must be satisfied that the warrant cannot be executed; evidence of the guilt of the wanted man in the offence under investigation is not required. When a proclamation order has been obtained, the police are bound to publish that order as required by Section 87(2), Code of Criminal Procedure. Immediately this has been done that requirements of Section 87(3), Code of Criminal Procedure, shall be complied with. Thereupon, the person wanted becomes a " proclaimed offender" and the rules in Chapter XXIII regarding the entry of such person's name in the surveillance register, list of proclaimed offenders, notices to village headmen and watchmen of all places where he has connections or which he is likely to visit etceteras shall be forthwith complied with.
(3) The procedure of search under warrant and proclamation shall be carried out in every case in which a wanted person cannot be immediately arrested without warrant by the investigating officer. Discretion may be exercised by both the police and Magistrates whether to proceed with attachment of property under Section 88, Code of Civil Procedure, in every case, where there is danger of more crime resulting from and absconder remaining at large and attachment order shall be immediately applied for. The police are not authorized to carry out attachment, but it is the duty of the prosecuting branch to see that the necessary orders issued from the court without any delay, and of the officer conducting the investigation to take steps to prevent the improper alienation of attachable property by fictitious mortgage or sale. For this purpose lists of such property should be made, as part of the investigation, and attached to the police file of the case, and the village headman concerned should be directed to report any attempt at alienation or removal pending the issue of attachment orders. The lists of property prepared by the investigation officer, attested by competent witnesses, should be put into court with the application for an attachment order.
(4) To prevent harbouring, without which no absconder can remain at large, thorough publicity in regard to the issue of a warrant and subsequent proclamation order is essential. If this receives proper attention, the defence of ignorance is denied to the persons who can be proved to have rendered any sort of assistance to an absconder.
21-6. Reports and records.--In order that continuity in the method of administration outlined in rule 21.1 may not be lost owing to changes of personnel, the proper maintenance of those reports, records and notes which review the history of the criminal administration of a district, or from which information regarding individuals and past events may be obtained, in essential. Apart from personal records of police officers, police station records and inspection notes, referred to in other chapters o these rules, such records comprise:-
(i) Transfer of charge memoranda (rule 21.7).
(ii) Confidential note books (rule 21.8).
(iii) Weekly diaries I and II (rule 21.9 etc, seq).
(iv) Monthly crime reports (rule 21.15).
(v) Annual Police Administration reports (rule 21.16).
(vi) Annual reports on the administration of the Criminal Tribes Act (rule 21.18).
(vii) Reports on political events or meetings (rule 21.19).
(viii) Reports on important fairies and festivals ( rule 21.20).
21-7. Transfer of charge memoranda.--(1) Every Superintendent and Deputy Inspector General shall, before leaving a district or range on transfer, or otherwise record a memorandum containing all necessary information for the guidance of his successor and for the preparation of the annual administration report.
(2) The following are some of the matters to be attended to in taking over charge of a district and in preparing the memorandum mentioned in sub-rule (1) above:-
(a) State of contingent allotments and adequacy or inadequacy under different heads of the budge;
(b) Additional police, existing and proposed;
(c) New buildings or repairs required;
(d) Pending cases o importance;
(e) Confidential records and correspondence;
(f) General state of crime;
(g) Organization of preventive and detective operations including special mention of the duties of the Central Investigating Agency and modus operandi office, and current measures of co-operation between the police and public for the prevention of offences;
(h) Proclaimed offenders and dangerous and active gangs;
(i) Matters noted at the Deputy Inspectors-General's inspection as requiring attention;
(j) Custody of keys of cash chest, confidential box, ect.;
(k) Notes on the character and capabilities of oficers;
(l) Note of three men in the rank of head constable, selection grade constables and time scale constables car-marked for the next ensuring officiating or substantive promotion vacancies;
(m) Punishment files pending;
(n) Vacancies and suggestions regarding recruiting.
21-8. Confidential note-book.-- There being many matter connected with the police administration of a district which find not place in office register, and a record of which is necessary, both for the Superintendent's own information and for the benefit of succeeding officers, every Superintendent shall maintain a "confidential note book". The details given below shall, among other, find a place in this note-book, each successive Superintendent adding to and revising in his own notes, the information on record; and Deputy Inspector-General shall, at their inspections, examine the books and comment on the adequacy or otherwise of the notes recorded. The book shall be in two parts as follows:-
(a) Villages specially notorious for the bad character of their inhabitants.
(b) Names of zaildars, safedposhes, lambardars, etc, good or bad, who have come prominently to notice, with brief notes regarding them.
(c) Names and brief accounts of noted or professional political agitators or reference to their files.
(d) Names and brief accounts regarding specially notorious bad characters and, in cattle thieving districts, of the chief " Rassagirs".
(e) Notes on matters connected with the administration of the Criminal Tribes Act.
(f) Notes of fairs, periodical religious procession and other local gatherings with reference to the file explaining the police arrangements necessary at each.
(g) A list of capable detectives and intelligence agents among lower subordinates with reference to the special qualifications of each.
(h) Other matters of permanent interest.
An index to the contents in Part I shall be maintained on the first page, as many pages as may be considered necessary being allotted to each subject. Subject to the above rules the information may be recorded by Superintendent in any form they deem most convenient. It should be as concise as possible, a reference being given to other files or previous papers for more detailed information.
PART II shall be in the form of a permanent file containing the making over charge referred to in rule 21.7.
21-9. Superintendent's weekly diary No.1.--(1) Superintendent shall submit a weekly diary on Saturdays in Form 21.9(1) through the District Magistrate to the Deputy Inspector- General. Unless the diary contains matter which the Deputy Inspector- General considers it expedient to bring to the notice of the Commissioner or Inspector- General, it shall be returned direct to the Superintendent of Police.
(2) If the District Magistrate is absent from duty the diary shall be submitted direct by the Superintendent of Police to the Deputy Inspector- General.
(3) Every Assistant or Deputy Superintendent on tour or inspection duty, and every Probationary Assistant Superintendent shall submit a diary in this form to the Superintendent . Such diaries shall not be forwarded to the District Magistrate or Deputy Inspector. General unless the Superintendent has special reasons to do so.
(4) Diaries shall be regarded as confidential communications, and shall not be sent into officers, and shall be forwarded by District Magistrate and Deputy Inspector- General without delay.
21-10. Weekly Diary No. I--Contents of.-- Diaries shall be paragraphed. Each paragraph shall bear a weekly serial number, and the following matters shall be entered in them:--
(a) All matters of importance connected with the police administration of the district.
(b) Comments on the state of crime in the district and important cases under investigation or trial.
(c) Matters of special interest connected with the discipline and conduct of the force.
(d) Inspection and touring work performed by gazetted officers.
21-11. Weekly Diary No. I--Check list of.-- A check register of weekly diaries shall be kept by each range Deputy Inspector- General.
21-12. Weekly Diary No. II--Channel of submission.--(1) Five copies of confidential diary No. II in form 21.12.(1) shall be prepared each week by Superintendent Police. These copies shall be dispatched punctually on Saturday evenings [vide serial No. 3 of Appendix No. 11.39(1)] and should be marked 'Immediate'. The first copy will be retained for record, the second copy will be sent direct to the Deputy Inspector- General of Police of the rang, the third and fourth copies will be sent direct to the Assistant to the Deputy Inspector- General of Police, Criminal Investigation Department, and the fifth copy will be sent through the District Magistrate to the Commission. If the Commissioner or the District Magistrate have recorded any comments on the fifth copy, the Commissioner will forward it to the Deputy Inspector- General of Police of the range, who will add his own comments, if any, and transmit the diary to the Assistant to the Deputy Inspector- General of Police, Criminal Investigation Department. If neither the Commissioner nor the District Magistrate have any comments to record the diary shall be destroyed by the Commissioner. Action, if any taken on the advance (second) copy of the diary by the Deputy Inspector- General should normally be confined to addressing the Superintendent of Police concerned. If it is desired to record remarks for the information of higher officers, this may be done either on the copy received from the District Magistrate and the commissioner, or by means of a separate reference. The Assistant Inspector- General, Government Railway Police, shall submit a diary, in duplicate, in the same form direct to the Assistant to the Deputy Inspector- General of Police, Criminal Investigation Department.
(2) Office copies of confidential diaries shall be kept for three years, or for such longer period as the Superintendent of Police considers desirable.
(3) The advance (second) copy of the confidential diary should be kept by the Deputy Inspector- General of the Range concerned for three year.
21-13. Weekly Diary No. II--Comments of.-- The following are among the matters which should be mentioned in the confidential diary.
(a) Information regarding political movements, parties, leaders, publications, and the like.
(b) Information regarding religious sects, changes in doctrine and practice having a political significance, proselytism, or preaching of a provocative nature.
(c) Information regarding foreigners and others, the reporting of whose movements and activities has been ordered or is considered necessary.
(d) Information regarding current rumours or topics of interests, which are causing or are likely to cause animosity between classes or disturbance of public tranquility.
(e) Police opinion regarding the legislative or executive measures of Government.
(f) Noteworthy movements of population, whether emigration or immigration.
(g) Political or religious meetings and celebrations which are important either intrinsically or by reason of public speeches, propaganda and the like associated with them.
(h) The effect of public opinion of current discussions in the press.
21-14. Weekly Diary No. II--Miscellaneous order regarding.-- (1) Every confidential diary shall be written on half margin, and every separate subject shall be entered in a separate paragraph, and each paragraph shall be numbered seriatim.
(2) To ascertain and to report correctly the prevailing temper of the people is one of the most important duties a Superintendent has to perform.
(3) When an entry in a gazetted police officer's diary, or in the confidential diary, concerns the police of a district. Other than the one from which it is submitted, the Superintendent by or through, whom it is submitted, shall state whether he has, or has not, communicated the facts direct to the Superintendent concerned.
21-15. Monthly Crime Report. -- (1) The monthly crime statement in Form
21-15 (1) shall be prepared in every district, on the first of each month. On receipt of this statement together with such further statistical information as may be prescribed from time to time, the Superintendent shall personally compose a brief review of the state of crime in the district, both in regard to its main divisions and generally. Noteworthy features in the monthly statistics shall be commented upon, and references shall be made to the progress and development of any special measures for combating crime. The review with the full statement by police stations shall be attached to the first weekly diary submitted in the month, and a copy, with an extract from the statement showing district totals only, shall be sent direct to the Deputy Inspector- General to reach him by the 5th of the month without fail.
(2) On receipt of the extracts mentioned in sub-role (1) above each Deputy Inspector- General shall prepare on similar lines to the district reports a consolidated range report, and submit it on or before the 15th to the Deputy Inspector- General, Criminal Investigation Department. Copies of the range report shall also be sent to Commissioners of Divisions included in the range, who will forward their copies, with their comments, if any, to the Inspector- General of Police, and to all Superintendents of Police in the range, who will show their copies to District Magistrates.
21-16. Annual Police Administration Reports. -- (1) Every Superintendent shall prepare and dispatch to the District Magistrate an Annual Administration Report in January of each year for the previous calendar year. The Assistant Inspector- General, Government Railway Police, shall also submit his Annual Administration Report in January to the Inspector- General, through the Agent, North-Western Railway.
(2) Each district report shall be forwarded as follows: --
by the Superintendent to the District Magistrate on or before the 20th January,
by the District Magistrate to the Deputy Inspector- General on or before the 31st January.
The district reports (without the returns) shall, as they are received, be forwarded by Deputy Inspector- General, accompanied by any marginal remarks considered necessary, to Commissioners by whom they will be returned to Deputy Inspector- General on or before the 20th February.
They will then be forwarded by Deputy Inspector- General to the Inspector- General with a covering letter containing comments on any improvements in methods of working, outbreaks of crime affecting more than one district, or other matters of interest not specifically mentioned in any district and the returns prescribed for the whole range on or before 1st April.
(3) Every Superintendent and the Assistant Inspector- General, Government Railway Police shall also submit direct to the Inspector- General an advance copy of the annual report and the returns appended to it, on or before the 20th January.
21-17. Annual Report--Form of. -- (1) The report should consist of concise and inteligent criticism of facts and of the figures given in the prescribed returns. No mere paraphrasig and reproduction of statistics should be allowed in the body of the report. Variations in the figures, which are not unusual or important, should not commented on. The briefer a report is the better, if it includes all that is necessary to show an intelligent comprehension of the meaning of the facts and figures and of the salient features of the year's work. The object of the report is to state what has been done rather than to suggest what should be done. Matters of the latter nature should be reported in separate official latter. Any such comment or suggestion which is considered necessary in the annual report should be as brief as possible, especially where the matter is complicated or controversial.
(2) Lists of subjects to be reported on, the returns to be submitted, and detailed instructions for their preparation are printed and issued every year by the Central Police Office. No alternation in, or additions to, the printed forms shall be made without a reference to the Inspector- General.
21-18. Criminal Tribe Report. -- (1) Each Superintendent of a district shall prepare an annual report on the working of the Criminal Tribes Act in his district for the calendar year. The subjects to be reviewed are given in Appendix 21.18(1) and blank forms for the printed statements required to accompany the report are supplied by the Deputy Commissioner, Criminal Tribes. Rule 21.17(1) shall apply to the preparation of this report also.
(2) The latest date for submission of the Criminal Tribes Report shall be: --
(a) by the Superintendent to the District Magistrate; 1st March.
(b) by the District Magistrate to the Deputy Inspector- General; 15th March.
(c) by the Deputy Inspector- General to the Commissioner; 1st April.
(d) by the Commissioner to the Deputy Commissioner, Criminal Tribes; 15th April.
(3) Each Superintendent shall forward a copy of his annual Criminal Tribes Report to the Assistant to the Inspector- General of Police for Criminal Tribes to reach that officer by the 1st March, each year.
(4) The Deputy Commissioner, Criminal Tribes, is required to prepare a consolidated report for the province, which is due with Press not later than June 25th. The report, when printed, is due to reach Government through the Inspector- General of Police by August 15th.
21-19. Public Meetings. -- (1) It is the duty of Superintendent of Police for the accurate reporting of the proceedings of all political and other public meetings held to discuss matters which are likely to disturb the public tranquility. To this end they shall encourage officers to learn Urdu shorthand. If the meetings to be reported are of provincial importance, Superintendent of Police may request the assistance of the Superintendent of Police, Political, Criminal Investigation Department, or if none are available, will arrange with the Deputy Inspector- General of the Range for the deputation of a stenographer from another district in his Range. At meetings at which inflammatory speeches are considered likely, arrangements shall also be made to have official and non-official witnesses present who may be available in the event of the prosecution of any of the speakers being undertaken.
When meetings are obviously of importance in connection with a particular form of agitation or when the speeches at them appear to be actionable, a detailed report shall be sent immediately to the Assistant to the Deputy Inspector- General of Police, Criminal Investigation Department, with a list of the official and non-official witnesses present. Report in such cases shall be forwarded with the confidential weekly diary to the Deputy Inspector- General of the range for information. Superintendents of Police are responsible that the reports of all meetings are written in clear and intelligible English. Reports should show the classes present at the meetings and estimate the effect of the speeches on the audience.
The police have the right to attend public meetings with a view to (i) preventing any infringement of the law or, (ii) taking evidence with a view to the possible prosecution of law breakers. All public meetings can therefore, be attended by police reporters, but as the right of entry may at times be questioned or even forcibly resisted by the organisers. It is important, when such tactics are apprehended, that a sufficient body of police in uniform should be deputed to discourage opposition. Recourse may also be to the procedure enacted in Chapter III of the Punjab Criminal Law (Amendment) Act III of 1932.
21.20.Reports of fairs and festivals. -- (1) Every Superintendent in whose district any fairs or public assemblies of importance are to take place shall, on the 1st December in each year, submit a list of such fairs and assemblies for the year next ensuing with the date or dates on which they will be held, to the Inspector-General for publication in the Police Gazette.
(2) on the termination of important fairs and festivals, Superintendents shall submit a report in From 21.20(2) dealing briefly with the prominent features of the fairs; crime occurring in connection with it; conduct of the police; accidents or fatalities occurring, if any, and the existence of any excitement of a political or religious nature etc. Such reports shall be submitted through the District Magistrate to the Deputy Inspector-General of the range, who will at his discretion forward them through the Commissioner to the Inspector-General of Police. Events of immediate importance shall also be reported promptly and by telegram if necessary, by the Superintendent direct to the Deputy Inspector-General of the range and the Deputy Inspector-General , Criminal Investigation Department.
21.21. Political and communal activities in relation to law and order.--Rule 2.19. lays upon Superintendents of Police the duty of watching and reporting on political or communal movements as such. As part of his general duty to maintain touch with the progress of activities, which may have consequences likely to disturb public tranquility, it is incumbent upon every officer in charge of police station and officer superior thereto, to keep himself fully informed of all developments or offshoots of such movements in his jurisdiction. To this end such officers must know the persons who take the lead in such matter, and the attitude towards them of men of influence. As soon as any such movements shows signs of developing on lines which are likely to cause animosity between sections of the people and breaches of the peace, or to be otherwise clearly subversive of law and order, the Superintendent, in consultation with the District Magistrate, shall take such action as may be most appropriate to the occasion, but when the activity is political rather than communal and no orders of Government cover the case, ordinarily a reference should be made to Government before measures to check it are set in motion. Police officers of all ranks are required to refrain absolutely from personal participation in political or communal affairs; they are not concerned with the merits of such controversies, but solely with the maintenance of the public peace. In the category of personal participation, however, acquaintance and maintenance of touch with communal leaders is not included. Relations of this kind may help Superintendents and other gazetted police officer to prevent the development of communal trouble and the occurrence of open disputes, and may enable them on occasions to bring leaders together with salutary results for the settlement of minor causes of friction, with which the District Magistrate need not be troubled in their initial stages.
21.22. Religious procession.--(1) Periodical public religious processions shall not be permitted to proceed along new routes without the written sanction of the District Magistrate.
(2) When periodical public religious procession is about to take place the Superintendent shall acquaint himself with the police arrangements made in past years and shall make necessary arrangements in consultation with the District Magistrate, following, as far as may be, the procedure previously adopted.
(3) In each district a separate file shall be kept of each periodical public religious procession showing the strength and disposition of the police force employed and the average number of persons attending the procession.
(4) Whenever a license is granted for a procession there shall, if possible, be a plan of the route on the back of license. All licenses granted shall be in From 21.22(4).
(5) The Superintendent shall not grant a license for an important public religious procession of a novel character or on an occasion when public felling is excite, without taking the orders of the District Magistrate.
(6) When a procession other than one of regularly exercised custom is allowed to take place any sums necessary to defray the cost of barriers, additional police and the carriage of such police shall be deposited with the Superintendent by the managers of such processions before the license is granted.
21.23. Press advertisements.--(1) The newspaper press shall be used as a medium both for advertising police regulation affecting the public and for enlisting the assistance of the public in the investigation of crime.
(i) Traffice regulations and directions for festivals and
official function.
(ii) Descriptions of wanted offenders or lost
property, especially when a rewards is offered.
In both classes of publicity referred to in this rule, press advertising shall be supplemented, when considered advisable, by posters for affixing to notice boards and leaflets for wholesale distribution. Advertising shall be in English or vernacular or boot, as may be most appropriate in each case.
(2) The charges for the publication of Government advertisements in newspapers shall be met from police contract contingencies. With regard to printing of posters and leaflets the instruction contained in rule 11.57(3) should be followed.
21.24. Criminal Intelligence gazetted--Notice for.-- Notices of novel or professional offences and memoranda embodying the shifts and artifices of criminals shall be sent for publication the Criminal Intelligence Gazette for general information. Such notices shall be sent direct to the Assistant Inspector-General, Crime and Criminal Tribes, Criminal Investigation department, and shall be in narrative or other form, as far as possible, ready for the press.
21.25. Appointment to Criminal Investigation Department.--(1) Upper and lower subordinate posts other than those of inspector in the Criminal Investigation Department shall be filled by the deputation of suitable men from districts for periods three years extensible by not more than two years at a time at the discretion of the Deputy Inspector-General Criminal Investigation Department.
(2) A police officer on deputation to the Criminal Investigation Department will retain his original position in the cadre of his district or range. While in the Criminal Investigation Department he will be eligible for officiating promotion in that branch; on reversion from the Criminal Investigation Department he will assume his place in his original cadre. Officiating promotion may be given in the district or range in the place of an officer deputed to the Criminal Investigation Department, such officiating post lapsing on the officer's reversion.
(3) When an officer borne on the rolls of district or range reach, a place in seniority which would entitle him to be considered for substantive promotion if he were serving in the establishment to which he belongs permanently, he shall be informed and given the opportunity of returning to district police work. No officer on deputation to the Criminal Investigation Department shall be substantively promoted to head constable or higher rank unless both the Deputy Inspector General, Criminal Investigation Department and the Deputy Inspector General of the range to which he belongs agree that he is qualified for such promotion by all the prescribed standards.
(4) The Deputy Inspector General Investigation Department, may make recommendation on behalf of sub-inspectors serving under him to the Deputy Inspector General of the range and the Inspector General of Police, respectively, for promotion to the selection grade or admission to List F.A sub-inspector who becomes eligible while serving in the Criminal Investigation Department for grade promotion in the selection grade, shall receive such promotion, if the Deputy Inspector General of the range and Criminal Investigation Department agree that he is fit for it.
(5) Annual reports on upper subordinates serving on deputation in the Criminal Investigation Department shall be sent by the Deputy Inspector General, Criminal Investigation Department, to the range Deputy Inspector General concerned for record and other necessary action.
(6) In very exceptional cases and for the political branch only and with the written sanction of the Deputy Inspector General personally, direct enrolment as constable or in higher ranks, may be made to the Criminal Investigation Department. Specialists shall, however, when possible, be entertained on contract terms, so that their services may be dispensed with when their utility cases or deteriorates.
21.25. Discipline in the Criminal Investigation Department-- The Deputy Inspector General, Criminal Investigation Department, shall have complete disciplinary control over all police officers while serving in the Criminal Investigation Department.
21.26. Duties of Criminal Investigation Departments.-- The following are the chief duties of the Criminal Investigation Department in so far as they affect the district police:-
i. To promote co-operation between the police of different districts and different provinces.
ii. To undertake or assist in the investigation of cases or classes of crime which have provincial or inter-provincial ramifications of the Inspector General or Deputy Inspector General, Criminal Investigation Department, considers that such action is in the interests of the criminal administration.
To watch and
report on all communal, political and subversive movements affecting the
province and
iv. Through the medium of the Criminal Intelligence Gazette:-
(a) to check crime by the prompt publication of information of the prevalence of a particular class of crime and of the absence from their homes of dangerous criminals;
(b) to secure the detection and arrest of persons wanted for offences committed.
(c) to trace property stolen and recovered.
(d) to act generally as an agency for disseminating intelligence likely to aid the police in their work.
(v) To collect, co-ordinate and disseminate political and criminal intelligence.
(vi) The Criminal Tribes Branch to deal with all aspects of the control of Criminal Tribes which fall within the sphere of the Inspector-General of Police as prescribed from time to time by the Provincial Government.
21.27. Requests for service of officers of Criminal Investigation Department.-- The services of investigating officers of the Criminal Investigation Department may be asked for by Superintendents of Police in any case of the following nature:-
(a) Note forgery, counterfeit coining or professional poisoning cases where the conspiracy appears to extend to other provinces and there is not a suitable staff to deal with them in the district.
(b) Theft of Government arms and ammunition and illicit trade in arms.
(c) Extensive frauds and bogus company promoting.
(d) Case of dacoity concerning more than one district.
(e) Organised traffic in women.
(f) Case of such a technical nature as, in the opinion of the District Superintendent of Police, appear to call for the services of an officer of the Criminal Investigation Department.
The Deputy Inspector-General of Police, Criminal Investigation Department, shall decide in each such case whether he can comply with the request of the Superintendent of Police.
21.28. Status of Criminal Investigation Department Officers in investigations:-
The Criminal Investigation Department has no separate jurisdiction and can only investigate under the cover of a First Information Report registered at a police station having jurisdiction. The Deputy Inspector-General of Police, Criminal Investigation Department, may decide to take over the control of any particular investigation him self or to depute one or more of his officers to work directly under the control of the Superintendent of Police of the district concerned. In either case, the latter officer has the right to be kept fully informed of the progress of the investigation. All case diaries written by officers of the Criminal Investigation Department shall be forwarded to the gazetted officer of the Criminal Investigation Department under whom the are working through the Superintendent of Police, advance copies being sent direct if so ordered.
(2) When dealing with cases in conjunction with the district police, officers of the Criminal Investigation Department must bear in mind that it is indispensable to gain the confidence and good will of the local police and to avoid giving cause for jealousy.
(3) When good results are obtained full credit must be given to district police officers for any share they may have had in the work and, when results are unsatisfactory, care must be taken not to criticise the local police unfairly.
(4) All recommendations, made by officers of the Criminal Investigation Department for rewards for exceptionally good work done in cases wholly or partly investigated by officers of the Criminal Investigation Department shall invariably be submitted to the Deputy Inspector General through the Superintendent of the district concerned who may add any recommendation or remarks he may consider necessary.
21-29. Criminal Investigation Department -- No control over district police. -- Officers of the Criminal Investigation Department shall have no control or executive authority over the district police except in an emergency and within the powers vested in them by their rank in the provincial police force.
All matters affecting the discipline of or rewards to, and complaints against, the district police, shall be referred by the Deputy Inspector General of Police, Criminal Investigation Department, to the Deputy Inspector General of Police of the range concerned.
21-30. Prosecution of cases investigated by the Criminal Investigation Department. -- The consent of the Deputy Inspector General, Criminal Investigation Department, shall be obtained before an officer of the department is presented as a witness in court. Criminal Investigation Department officers shall advise and assist the district investigating and prosecuting offices in the conduct in court of cases in the investigation of which they have shared.
21-31. Rules of the Criminal Investigation Department. -- The full rules of the Criminal Investigation Department are contained in the Manual of that department.
21-32. Circumstances in which Criminal Investigation Department can assist investigating officers. -- The Criminal Investigation Department is in possession of special apparatus and its officers include those accustomed to the handling of certain branches of police technique. Investigating district police officers and Superintendents of police should remember, therefore that the Criminal Investigation Department is in a position to give assistance in circumstances such as are described below :-
(a) the reconstruction of faded writing;
(b) the examination of arms and bullets used in crime;
(c) the examination of minutiae such as hairs, pieces of skin, dust, etc.;
(d) the solution of ciphers;
(e) the examination of forged documents, counterfeit coins and moulds;
(f) the photographing of important documents;
(g) the interrogation of suspects from other provinces;
(h) the connection of local suspects with suspects of other district or provinces;
(i) when an opinion on handwriting is required to assist the investigation;
(j) where invisible inks are suspected to have been use.
Such matters shall only be referred to the Criminal Investigation Department in important cases when other evidence sufficient for the purpose of the case concerned is no forthcoming. In important cases the Criminal Investigation Department will enlist the aid of scientific persons outside the police department.
The department is also ready, when circumstances permit, to assist district police officers with technical advises on the spot as to the discovery and preservation of clues at the scene of crimes and can sometimes loan apparatus and qualified operators thereof for these and similar purposes.
21-33. offices of Criminal Investigation Department to report to Superintendent of Police. -- Ordinarily, when anofficer of the Criminal Investigation Department is sent to a district to take up inquires, and invariably, when he is sent to investigate a case, he will take with him a letter addressed to the Superintendent of Police, or senior office present at headquarters, describing the nature of the work on which he is sent and, when necessary, asking for his assistance. When directed to do so he will also call on the District Magistrate.
21-34. Organization of police in towns and cities. -- (1) In each district the Superintendent of Police shall issue standing orders regulating the point and beat duty to be carried out in each town and cantonment for which police establishment is provided. These orders shall be in accordance with the principles set forth in rule 2-2(2) and shall be revised as often as may be necessary to meet variations in the local incidence of crime, development of new residential or commercial areas, increase in establishment and the like. The division between the investigation and clerical staff and the watch and ward staff shall be maintained as far as is practicable, though inter-change of duties should be made. Men, even though qualified, should not be employed on the investigation staff while posted to the watch and ward staff, except in cases of emergency, as such employment must detract from the efficiency of the watch and ward system.
(2) The success of a system of watch and ward in a town or city will depend on --
(a) the discipline of the men on beat the patrol duties;
(b) the extent to which the mean have been instructed in their duties;
the amount of
supervision exercised by superior offices. Superintendent of police must
therefore arrange that, in addition to the standing orders referred to in the
above rule, head constables and constables are frequently questioned so as to
ensure that the training they have received in the lines school and at the
21-35. Central Investigating Agency. -- (1) In order to assist the Superintendent of Police and his supervising staff in co-ordination the preventive and detective work of the District Police and in order to act as clearing house for criminal intelligence for the use of investigating offices in the district and in other districts a Central Intelligence Agency shall be established in each district. This body shall be formed from the establishment sanctioned for the district for the prevention and detection of crime. Officers of different ranks shall be selected for service in the C.I.A., in the light of their intelligence efficiency and practical experience of preventive and detective work in a police station. In order to promote co-operation and the inter-change of ideas between the C.I.A. and police station staff no officer shall ordinarily remain more than two years at a time in the C.I.A. No officer shall be appointed to the C.I.A. who is not well educated and who has not an unblemished reputation for honesty.
The functions of the Central Investigating Agency are :-
(a) The preparation of crime maps relating to offences against property classified under the methods employed by the criminals.
(b) The receipt, consideration and filing according to classification, of information received from investigating offices.
(c) The comparing of the date collected under (a) and (b) and the communication of any deduction therefrom to the investigation offices concerned.
(d) The preparation of a crime index f cases from the materials collected under (a) and (b) classified according to; (1) methods employed by the criminals and (2) various clues provided by the criminals such as nicknames used; special clothing worn; peculiarities of the culprits noticed by witness; special weapons used; special signals used etc. etc.
(e) The preparation of a crime index of criminals. This shall normally be in two parts.--
(i) an index of names of known criminals classified according to their methods of operating;
(ii) an index of known criminals classified according to their peculiarities of appearance, gait, speech, nicknames, etc.
(f) The provision of information by means of which the Superintendent of Police may be assisted in controlling the crime of his district, forestalling outbreaks of crime and directing preventive operations.
(g) The publication of a weekly Criminal Intelligence Gazette.
(h) To co-ordinate and guide the efforts of police station staff throughout the district in securing the arrest of absconders and proclaimed offenders and in locating absentee bad characters, criminal tribesmen and other untraced persons and to maintain close co-operations with the C.I.As. of other districts in this work.
(i) When information received from records or otherwise indicates that a series of cases, whether in the jurisdictions of one or of several police station, is the work of the same criminal or of a gang to co-ordinate or, under the orders of the Superintendent of Police, direct the investigation of such cases.
The Primary function of a Central Intelligence Agency is to assist Station House Officers and their staffs. A. C.I.A. can only afford assistance effectively, if it is continuously supplied by Station House Officers with detailed information about the movements of bad characters and peculiar features of cases. Information so received shall be examined, compared, and classified by the C.I.A. Information of general use of Station House Officers and neighbouring districts and deductions from it shall be disseminated as speedily as possible through the C.I.A. Gazette or, in case of urgently, by special circular. Information which is of value to a particular police station only or clues in local cases shall be communicated immediately to the particular officers or officer concerned, who shall be held responsible for making proper use of it.
The C.I.A. shall be in charge of one of the District Inspectors. A room shall be provided for it in the officer of the Superintendent of Police which is conveniently situated in relation to the rooms of the Superintendent of Police and Gazetted Officer. These officers and their readers and officers of the prosecuting branch and all Station House Officers and investigating officers visiting headquarters shall make a practice of visiting the C.I.A. room regularly, studying the records of crime and criminals which are available there, exchanging information with each other and with the C.I.A. staff and concerting measures for the better control of criminals through the agency of the records and machinery of the district Police.
All investigating officers in the district shall be encouraged to visit the room where the Central Investigating Agency functions when they visit headquarters and to discuss their cases with the personnel of the Central Investigating Agency.
(2) The instruction concerning the examination of scenes of thefts and burglaries and the particulars required to be submitted in the case of all such offences to the Central Investigating Agency are given in Appendix 21.35(2), and the various modus operandi forms to be used are detailed below:-
(a) Case Index Card in Form 21.35(2) (a) for different (M.O).
(b) Criminals Index Card in Form 21.35(2) (b) (white for males and pink for females).
(c) Descriptive Index Card in Form 21.35(2) (c) (white for males and pink for females).
(d) Deformity Index Card in form 31.35(2)(d) (while for males and pink for females).
(e) Particulars of persons arrested for offences against property in Form 21.35(2)(e).
(f) Property Card lost or stolen--in Form 21.35(2)(f) (blue).
(g) Property Card lost or stolen --in Form 21.35(2)(g) (pink).
21.36. Range mobile traffic patrols --Duties of.--For each range of the province at least one mobile traffic patrol, consisting of a inspector, a sub-inspector and two constables, has been sanctioned for the control and checking of traffic on the roads of the range. These patrols shall be under the direct control of Deputy Inspectors-General who shall be responsible for so directing their movements and activities as to obtain the maximum effect.
The duties of these shall be:-
(a) The checking at irregular intervals on different roads of all motor licenses to drive and to ply for hire. At these inspections of licenses the officer-in-charge of the patrol shall satisfy himself that all licenses are up-to-date and that all vehicles have paid the taxes imposed under the Punjab Motor Vehicles Rules, 1915, the Punjab Heavy Motor Vehicles Rules, 1931, and the Punjab Motor Vehicles Plying for Hire Rules,1922.
(b) The reporting in Form 21.36(b) of offences under the above-mention ruled and under the Indian Panel Code to the prosecuting agency of the district concerned with a view to the prosecution of the offenders.
(c) The checking at irregular intervals and on different roads of dangerous driving at specific places on the roads where furious or dangerous driving is likely to result in accidents. This shall be done by the watching of specific points on dangerous portions of the roads and the checking of the speed of cars passing and their manner of negotiating such places. Motor vehicles moving recklessly, furiously or in a manner against the rules of the road shall be stopped, their numbers and the names of the drivers with other particulars noted and the cases reported for prosecution.
(d) The checking of motor vehicles plying for hire on the occasions mentioned in (a) and (c) above, with a view to ensuring that the conditions of their licenses with regard to the safety and comfort of passengers have been complied with.
(e) The rendering of first aid to the injured and all possible assistance in serious motoring accidents and the noting of all particulars in such cases when the patrol should happen to be in the vicinity.
(f) The giving of assistance in the instruction of traffic police of smaller districts.
(g) The continuous warning and advising of drivers of all kinds of vehicles who may be observed infringing the rules of the road.
(h) The reporting of offences against Municipal or District Board bye-laws in connection with the overloading of hours-drawn vehicles plying for hire, etc.
(i) The reporting of cases of cruelty to animals when Section 34 of Act V of 1861 applies.
(j) The organisation, in conjunction with owners, drivers and any of their associations of methods for the improvement to traffic control and the prevention of offences.
(k) The acquisition of knowledge on all matters connected with traffic an motor vehicle transport sufficient to enable them to keep in touch with and report on any innovations, developments or unusual situations within their jurisdiction.
For this purpose it will be necessary for them to maintain a confidential register by districts containing notes on the following:-
(1) Routes carrying motor vehicle transport.
(2) The number of public motor vehicles on each route and their relation to the public demand
(3) Unions and their working.
(4) Lorry stands.
(5) Regular bus services and their working.
(6) The working of any system of monopolies that may be in force.
21.37. Traffic patrols.--Duties of Inspectors of .--(1) Inspectors in charge of mobile traffic patrols are required to have a working knowledge of motor mechanics and shall have received training in traffic control. They shall report all cases notices by them of bad work on the part of constables on traffic control to the Superintendent of the district concerned.
(2) They shall submit a daily diary to the Deputy Inspector-General of Police in Form 21.37(2)(A) and shall maintain a ' working account ' in form 21.37(2)(B) on each motor vehicle showing the mileage done and the petrol and oil consumer with, in each case, a reference to the entry in the daily diary of Inspector. The repairs carried out to the vehicle shall be shown in the ' Remarks, column.
(3) All bills for petrol, oil and repairs shall be submitted separately for each vehicle to the Superintendent of Police of the district on which the petrol is based and, in the case of the Central Range Patrol, to the Assistant Inspector-General, Traffic. The Superintendent of Police concerned and the Assistant Inspector-General, Traffic, will check the bills with the 'working account' and the speedometer of the patrol vehicles before sanctioning payment.
APPENDIX No.21:18(1)
Subjects to be discussed in the District Criminal Tribes Reports
Serial Subjects
1. Mention the tribes registered in your district under the Criminal Tribes Act (Act III of 1911).
2. Remarks on the general behaviour during the past year of each such tribe and state whether any of the members are settling down to an hones livelihood. Note if there are any signs of improvement or the reverse.
3. With regard to the absentees shown in column 19 of Statement I, mention whether any and what facts have been ascertained, indicating the locality to which such absentees have proceeded.
4. Mention the number of members of notified criminal tribes whether exempted or registered who were convicted of offences under Chapter XVII, Indian Penal Code, or under the security sections of the Criminal Procedure Code, or under the Criminal Tribes Act.
Note:- Information under Serial Nos. 2 to 4 above to be given Separately for each tribe on the order given on column 1 of Statement 1.
5. Mention the amount paid during the past year for rewards for the arrest of absentees under Rule 15.17.
6. Mention any special measures taken to enforce responsibility of lambardars and chaukidars in connection with reporting the presence or absence of members of criminal tribes.
7. Mention in sufficient detail any cases in which inadequate punishments appear to have been inflicted especially in the cases of re-convicted offenders for certain specified offences under the Indian Penal Code, punishable under Section. 23 of the Criminal Tribes Act, III of 1911, with a minimum sentence of 7 year's rigorous imprisonment. In this connection it must be remembered that in all convictions under Section 24 of the Criminal Tribes Act (under which clause the larger majority of police cases under the Act are dealt with) imprisonment must be inflicted.
8. Remarks on the Finger Print System as applied to members of criminal tribes and the results obtained therefrom.
9. Remarks on the procedure followed in connection with the control of wandering gangs and others not yet registered under the Act.
10. Mention any other matter deserving the notice, regard being paid to the orders contained in P.G.C.C. No.3.
APPENDIX No. 21.35(2)
The scenes of all offences under Chapter 17, Indian Penal Code shall be most carefully examined as soon as possible, by the investigating officer who, in cases of theft (except cattle theft) and burglary, shall attach a site inspection report with the first case diary irrespective of the fact whether the accused are known, unknown arrested or at large. This site inspection report on arrival at headquarters shall be passed on without delay to the Central Investigating Agency.
In the case of offences against property, other than theft and burglary, no site inspection report need by prepared unless the scene of the offences presents such peculiarities as make such a report desirable or unless a report is called for by the officer in charge of the Central Investigating Agency.
The object of a site inspection report is (a) to enable other officer who have not been to the spot to visualise the scene (b) to permit of an intelligent study of the ways and methods of the particular criminal by the Central Investigating Agency (c) to en-suggest identity of the accused responsible for the particular case under investigation. Obviously after a deliberate study of the scene. A list of points that should find mention in site inspection reports is given below, but the list is by no means exhaustive and is extended merely as a guide.
A.--Burglaries of all kinds
1. Number of the First Information Report; date; section of the offence; police station and district.
2. Time and date of (a) occurrence, (b) report to the police.
3. Special circumstances, if any, concerning the time and date of occurrence (e.g. fair, festival, or evening meals, etc. etc.).
4. Place of occurrence, with distance and direction from (a) police station, (b) railway station and (c) main road.
5. Nature of locality (i.e. dwelling house, office, mosque shop, etc., etc.) and its relation to the rest of the village or town.
6. Name, address, profession and status of the complainant.
7. Class of property attached.
8. Class of property removed.
9. Number of room entered by the accused and whether or not they were occupied at the time.
10. Whether or not property was removed from the particular room to which the accused first gained admittance.
11. Any clue left to indicate whether the accused worked in the dark or by means of a light.
12. Particulars of any belongings of the accused left by him on the spot.
13. Any boxes, safes, almirahs, etc. Containing articles of value overlooked by the accused and not touched by him and if so their locality.
14. Precautions, if any, adopted by the accused during the commission of the offence to guard against surprise (such as chaining of door, etc.).
15. When property removed was last seen at the place from which it was stolen.
16. Finger-prints:- Description of traces of finger:-prints found, their exact position and steps taken for their preservation, development, photograph, transfer, identification, etc.
17. Foot-Prints.--(1) Number of foot-prints found, (a) leading to the spot (b) on the spot,(c) leading from the spot and deduction therefrom as to the number of culprits involved (2) direction from which the accused came and direction in which they went. (3) Distance to which tracks leading (a) to and (b) from the scene were followed (4) Measurements (in inches) of individual foot-prints. (5)Precaution, if any, adopted by the accused to conceal their foot-prints. (6) Whether moules, etc., taken or not and, in latter case reason for failure to do so.
18. Opinion as to whether accused were expert or amateurs and class of society to which they belonged and reasons, in support thereof.
19. Means of transport, if any, employed by the accused for the removal of property.
20. Any other clues or matters of importance requiring mention.
21. Condition of the wall (kacha, pacca burnt bricks, stone etc).
22. The exact situation of the hold and its relative position, with regard to doors, windows, ventilators, etc.
23. Shape of the hole (illustrate by diagram).
24. Height of the base of the hold from the ground (a) outside and (b) inside.
25. Exact measurements (in inches) and not in ungals or other such unauthorised measurements of the hole (a) outside and (b) inside.
26. Thickness of the wall where hole made.
27. Side to which excavated earth was thrown.
28. Details of marks left by instrument used and inference drawn
29. therefrom as to the nature of the instrument.
30. Whether room in which hole was made was occupied or not at the time.
31. Type of lock broken.
32. If opened by key any indication as to whether key used was (a) the original one and if so how accused obtained possession of it, (b) duplicate, (c) skeleton or false.
33. If lock forced (a) give particulars of marks on it and inference drawn therefrom as to the instrument used and (b) state if lock is still in working order.
34. If lock intact and hasp or chain wrenched out, state the type of instrument that appears to have been used.
35. The construction of the roof (whether kacha, pacca, thatched' etc., etc.).
36. Any indication as to how the accused ascended the roof.
37. Position of hole (whether adjoining beam, in one corner, etc., etc.
38. Whether room beneath was occupied or not.
39. Whether property was removed from the room in which hole was made.
40. Means employed by the accused to descend into the room below.
41. How earth removed was disposed of and precautions adopted by the accused to prevent earth from falling into the room below.
42. Any other matters of importance requiring special mention.
43. How admittance was gained.
44. If admittance gained by closed windows or ventilators, give particulars to indicate how bars were forced or glasses broken and means adopted by accused for preventing noise.
45. If culprit scaled the wall (a) state means employed (i.e. rope leather, bamboo, water pipe, etc.) (b) give particulars of marks, if any, let on the wall.
46. If admittance gained through a drain give dimensions and position with respect to the rest of the house.
47. If admittance gained through a chimney give similar particulars.
48. In case of admittance obtained by deceitful means, threat force, etc., give details of story told by suspect.
49. State whereabouts of the owner at the time of the commission of offence.
50. Precautions, if any, taken by the accused or his associates to divert the attention of neighbours away from the house attacked.
B.--Thefts of all kinds
The same particulars as for burglaries, where applicable, together with a brief report of the facts.
1. Means employed by culprit (i.e.) razor, blade, knife etc.)
2. The position of the picked pocket (waist-coat, inner pocket of coat, etc.) an its contents.
3. Position of other pockets and contents which were not touched.
4. Reasons, if any for believing that the accused had associates.
5. Means adopted to distract the attention of the victim.
FORM No. 21.9(1)
WEEKLY DIARY No.1.
For week ending Saturday. 19
Despatched by Superintendent on
Despatched by Deputy Commissioner on
Despatched by Deputy Inspector-General on
Returned by Commissioner
Serial No.
Police Station
Cases reported during past week
Murders ..
Riots ..
Dakaities ..
Burgalies ..
Cases and
During the
Pending from
Last week
Discharged of acquitted
Pending over one
Cases ..
Persons ..
Serial No.
Details of working of preventive sections during the past week
Sent for security
Pending at end of week
Convicted during the year up to date
Convicted on corresponding
Date of pervious year
Number of persons on
Security on date
Number of persons on
Security on corresponding date of
Previous year
FORM No.21.12(1)
Weekly Diary No. II for week ending 19
Acknowledgment of Secret Abstract ..1
Certificate regarding Cypher Code and Key word ..2
Date 19 Superintendent of Police
Weekly No.II
For the week ending 19
Received by Inspector-General on the
FORM No. 21.15(1)
(To be attached to superintendent's first weekly diary in each month.)
All Reported Crime
Exclusive of Security Case
Serial No.
(A or B)
Plus or
Of Persons
On security
Under section 1C.C.P.
Number of cases pending in court for over one month exclusive of security cases
Percentage column 14 bears to total Police cases reported during past month
A.-- The figures for the past month.
B.-- The figures for the year upto date, to be written in red ink.
Superintendent or Deputy Inspector-General
FORM No.21.20(2)
Report of a fair held at District.
(1) Local Name of fair or assembly
(2) Object of Fair or Assembly
(3) Average daily attendance
(4) Number of days the fair lasts
(5) Noteworthy particulars:-
(6) remarks by District Magistrate and Deputy Inspector-General to follow:-
Dated the 19 Countersigned
Magistrate of the District
(Bilingual Standard Form)
FORM No. 21.22(4)
License No. District
Free of a fee
WHEREAS have applied for a license under section 30, Act V of 1861, the following license is granted.
License for On the occasion of at On under Section 30 of Act V of 1861 (Police Act).
Names and description of licensees
Period for which the license is valid
Place or area for which the license is granted
Place and time of commen-cement
Place and time of conclusion
Route to be followed (to be given in detail)
Places and periods of halts, if any
Kind of music allowed and the places (if any), where it would not be played
Officer in charge of the procession
· If there are more licenses, their names, should be entered.
In the remarks column shall be entered all particulars which it is necessary to prescribe, but for which a special column is not provided e.g., height of tazias in Moharram processions.
Dated the 19. Seal. Supdt. of Police
1. This license is granted subject to all the provisions f the Police Act (No. V of 1861) and subject to strict observance of all terms and conditions of the license.
2. This licensees and the processionists generally, shall comply with any orders issued by the magistrate or other Officer in charge of the procession with regard to --
(a) the speed of the procession;
(b) any changes of route decided on by the Magistrate or the Officer-in-charge of the procession; and
(c) any orders deemed necessary such as stopping of music, speeches or songs etc., at specified places.
3. The license shall be promptly shown or surrendered on demand by the Magistrate of Police Officer of and above the rank of Officer-in-charge of the Police Station.
4. It shall be subject to cancellation by the Officer who granted it.
5. The licensees severally and individually shall be present throughout and shall be responsible for rendering all assistance in their power to the Police in maintaining order at the place of the meeting or on the route of the procession and for compliance by the members of the meeting or procession with all the conditions of the licese or any order issued accordance with these conditions of the license or any order issued in accordance with these conditions. This responsibility rests upon the licensees whether they happen to be present or not at any particular time or place during the course of the procession.
6. Special conditions (if any).
Certificate of receipt from licensees.
I/We the undersigned have received this license and undertake to abide by the conditions therein inserted.
FROM No. 21-35(2) (A)
Head Sub-head Index No. Police Stn. FIR No. Date Law and Sec.
Facts in brief particularly those showing method.
( Reverse ) ( Reference )
Name and alias Name Index Card No.
Parentage and address Photo album No. Page
Caste and trade or occupation P.R. No.
Description Index Card No.
Deformities and Peculiarities Index Card No.
Aliases or Nicknames
Caste occupation
Date of birth
Ft. In
Hair on face
Description Index No. ____
Deformity Index No. _____
Marks and peculiarities
1. C.I. No.
2. C.I. No.
3. C.I. No.
4. C.I. No.
5. C.I. No.
6. C.I. No.
7. C.I. No.
8. C.I. No.
P.R. No. Photo Vol. Page
FORM No. 21-35(2) (c)
(To be indexed by height and where this is identical by age and so on)
Height Date of birth
Build Eyes
Hair on head Hair on face
Identification marks (scar, etc )
Gait, speech an manner Deformity Card No. (if any
Criminal Index Card No.
Deformity Index Card No.
FORM No. 21-35(2) (D)
Nature of Deformity
Name Parentage
Criminal Index Card No.
FORM No 21.35
(To be completed by Investigating Officer and sent to the Criminal Investigating Agency immediately and arrest is made for offence under chapter 12 or 17, Indian Penal Code).
1. Police Station
2. F.I.R. No and date
3. Section
4. Name of accused and aliases
5. Parentage
6. Caste
7. Trade or profession
8. Residence (Original/Present)
9. Description Height
Date of birth Build
Eyes Hair
FORM No 21.35(2)(e). - contd.
Particulars identification marks
Gait, speech and manner
Deformities and peculiarities
Habits and weakness
10. Female acquantances
11. Associates in crime
12. Position occupied in the gang and importance generally as a criminal
13. Receivers with whom he deals
14. Relatives
15. Persons likely to afford him shelter
16. Convictions
17. Suspicions since last arrest
18. Grounds for arrest
19. Remarks regarding his criminal activities and method
Signature of Investigating Officer.
Date of submission of report
FORM No 21.35(2) (f)
Name of article
Local or Punjabi name
Marks of identity
Date of loss from whose possession place
Owner's name and address
Persons suspected (if any), his mode of disposal
Under what circumstance lost (Report at Police Station)
FORM No 21.35 (2) (g)
Name of article
Local or Punjabi name
Marks of identity
Date of recovery from whose possession and place
Action taken against possessor
Circumstance under which recovered
Method of disposal
FORM No 21.36(b)
Counterfoil Date
Serial number
Police Station or Post
Cross reference to Intimation Book
Police Report or complete to a Magistrate for action
Name and posting of the officer making the complaint or report
Temporary address of accused
Permanent address of accused
Whether the accused is in custody, on bail or recognizat-ion or has been otherwise intimated
Date on which the accused is required to attend court
of driving license sent with challan or the driver's number in the case of
Registered number of vehicle
Section and rule
Brief description of the charge and the circumstances under which the offence was committed
Names and address of any withnesses
FORM No. 21-36. (b). -- Contd.
Forwarded to (Incharge of the Traffic Staff)
(Signature) -----------------------------------------
(Station House Officer)
Forwarded to Magistrate
Prosecuting Deputy Superintendent of Police
Prosecuting Inspector of Police
Class through the
Prosecuting Sub-Inspector of Police
The accused has the following convictions on record
(Officer-in-charge of the Traffic Staff)
Serial No.
Cross reference to form L. Tem (Police)
Name and posting of the police officer makng the complaint or report
Name of accused
Temporary address of the accused
Permanent address of the accused
No. of any driving license impounded
Registered number of vehicle
Number of original permit and Regional Transport Authority by which it was issued
Particulars of the offence with section and rule
Date of forwarding of report
Name of any witnesses Name of any witnesses
Conviction slip
Serial number Date
Result of Trail
Name of accused
Temporary address of accused
Offence charged
Order of the Court
Whether the driving license has been suspended, if so, for what period Whether details of section or Act and Rule have been enforsed on driving on driving license Returned to
(In charge of the Traffic Staff)
Prosecuting Deputy Superintendent of Police
Prosecuting Inspector of Police
Prosecuting Sub-Inspector of Police
Returned to . The necessary entries have been made in the Traffic Office records.
Name and address of accused
Registration number of vehicle Section and rule
Brief particulars of offence Brief particulars of offence
Regional Transport Authority by which original permit was issued
Brief particulars of Magistrate's order with date
Forwarded to the Regional Transport Authority
Superintendent of Police
(To be used in the case of conviction only)
Daily Diary of Inspector in charge of Range Mobile Patrol
1. Journeys performed by motor vehicle of patrol
2. Cases reported to district police
3. Cases decided with results
4. Cases in which inadequate sentences have been imposed or which have been inordinately delayed
5. warnings given to motorists
6. Other duties performed under rule 21-37 including attendance at court.
Signature of Inspector
FORM No. 21-37(2) (b)
Motor Lorry Working Account
Driver's name : -
Lorry No.
Date of Purchase of lorry :-
(Col. 3 to 6)
Work Done (Col. 7 to 9)
*Recoveries from ndividual when the Lorry is employed for Private use (Col. 10 to 14 )
Consumption (
Material issued to driver
Material consumed by driver
Balance with the driver
Particulars of orders (if any sanctioning the journey
Date and purpose of Journey
Journey Time
3. From
4. To
5. Away
6. Back
7 & 8 Millimeter reading
9. No. of Miles traveled
10. Date
11. Name of the person from whom recoverable
12. Amount recoverable
13. Amount recovered
14. Number & date of receipt issued in acknowledgement
15. Petrol
16. Mobile oil
17. Grease
18. Petrol
19. Mobile oil
20. Grease
21. Petrol
22. Mobile oil
23. Grease
24. Petrol miles pergallon
25. Mobile oil miles pergallon 26. Grease
Before trip after trip
* N.B. -- Columns 10 -- 13 may be left blank unless the lorry is employed for private use.
22-1. Officer in charge of police station. -- (1) The office in charge of a police station is ordinarily a sub-inspector. Within the limits of the police station of the police station jurisdiction the sub-inspector is primarily responsible for the effective working, management, good conduct and discipline of the local police, for the preservation of peace and the prevention and detection of crime. The due performance of all police duties, the exercise by the police of the powers granted them by law, the correctness of all registers, records and reports prepared by them, and the direction, instruction and efficiency of all police subordinates in the station jurisdiction are matters for which the officer in charge of a police station is essentially answerable.
(2) It is the duty of the officer in charge of a police station to acquire detailed and accurate local knowledge, to secure the whole-hearted co-operation of his zaildars, inamdars, village headmen and chaukidars, encouraging them to give him information, to assis him in this work and to rane themselves loyally on the side of the administration. Through them and his own subordinates he is required to keep a strict watch over all known bad characters, and he shall communicate all intelligence of moment to his superiors and to other police stations without delay.
(3) Within the limits of his charge he is the chief investigating officer, and as such he shall conduct all investigations in persons, so far as circumstances permit. His responsibility in this matter must be carefully maintained. Should it be necessary, owing to the absence of the sub-inspector or any other cause, for a subordinate to undertake an investigation, the sub-inspector shall satisfy himself by perusing the case diary and questioning the investigating officer that the investigation has been fully and properly conducted, shall remedy what is defective, and take over the investigation as soon as he is free to do so, except in a case originally investigated by an assistant sub-inspector where he will be guided by rule.
(4) When present at the police station, he shall personally supervise the outing work of the station house, and shall be careful to see that there are no arrears of correspondence and that the account are correct.
22-2. Assistant sub-inspectors. -- (1) One or more assistant sub-inspectors are at attached to each police station, in proportion to the normal amount of crime registered, as subordinate investigating officers. An assistant sub-inspector may be a directly appointed probationer under training, in which case his duties will be as prescribed in Chapter XIX. In other cases an assistant sub-inspector is the assistant and deputy of the officer in charge of the police station, who, without detracting from his own authority r ultimate responsibilities as described in rule 22-1, may delegates powers and duties generally or specifically to one or other of his assistant, on the same principles as the Superintendent of Police delegates authority and duties to gazetted officers subordinate to him.
(2) An assistant sub-inspector is required to have approximately the same standard of efficiency in all branches of police station work, detective, preventive and administrative, as a sub-inspector, but his responsibilities are less, in that be is not in independent charge, and his power are subject to the detailed control and supervision of the sub-inspector. In respect of investigations, the sub-inspector is required to exercise careful supervision over the work of his assistant sub-inspector, as laid down in rule 22-1, but need not, and should not, normally take in to his own hands an investigation started by an assistant sub-inspector, except when he finds the letter's investigation gravely defective.
22-3. The station clerk. -- The police station clerk is a literate head constable, who under the control and supervision of the officer in charge of the police station, acts as clerk, accountant, record-keeper and custodian of Government and other property at a police station. He may be assisted by one or more assistant clerks.
22-4. Duties as a clerk. -- As clerk of the police station, the station clerk performs the following duties :-
(a) He opens, registers and hands over all correspondence to the office in charge of the police station or senior officer present and takes his orders for the disposal of papers. He writes all reports and returns called for by competent authorities and is responsible that all pending papers are promptly disposed of.
(b) Every morning he brings to the notice of the officer in charge of the station (that is, senior officer present) all postponed orders and pending papers a awaiting execution and reply. At morning roll call he records the orders of the same officer as to the distribution of duties for the day.
(c) He writes up the daily diary and other station house registers. He sees that the file of the Police Gazette is kept up to date and that all orders and notices contained in it, which concern the staff or the staff or the work of the staff, are carefully noted and explained to all concerned. He registers all births and deaths reported at the station by the village wathcmen.
22-5. Duties as an accountant.-- As accountant, the station clerk is responsible for the correctness of the cash book, of the cash balance in hand, and for all accounts of receipts or expenditure rendered to his superiors. He must, without fail, bring every item of receipt or expenditure promptly and fully to account. If any appropriation of public money to purposes for which it was not intended occurs, or if money shown as expended is not expended, or is expended in a different way from that shown, he is bound to report the matter at once to the Superintendent. He will not be allowed to shield himself by pleading the orders of a superior officer, but will be held responsible for malversations which would not have been possible if his accounts had accurately represented the facts. He writes out invoices, and checks and files receipts and other vouchers for payments made. He prepares the monthly acceptance rolls and accounts of deductions and stoppages from pay and all travelling allowance and other crimes of the offices and men of the station concerned, and sees that acquittance rolls are duly signed and forwarded. The duties and responsibilities of the station clerk under this rule shall not be delegated to any other member of the police station staff.
22-6. Duties as a record-keeper. -- As a record-keeper, the station clerk is responsible that all registers and other records are safely kept and that they do not suffer injury from damp, vermin or other cause. He periodically eliminates and sends to headquarters the record which are no longer required to be maintained according to rule.
22-7. Duties as a custodian of property. -- As custodian, the station clerk is responsible for all Government property, including arms, ammunition, bicycles, articles of clothing and equipment other than such as are in the personal charge, of individual officers, and all unclaimed property connected with cases, including cattle in the pound. He is in direct charge of the store-room and shall keep the keys thereof and personally superintend all receipts and issues therefrom. He shall also be responsible for the safe custody and dieting of persons in the lock-up and shall personally keep the keys thereof.
22-8. Continuous presence at police station. -- The station clerk's duties necessitate his continuous presence at the police station; accordingly he shall not be employed on investigation work or any other duty involving his absence from the police station for any long period. If he leaves the station house for any purpose which is likely to prevent his return within a few minutes on an urgent summons, or under the provisions of rule 22-42, he shall formally make over charge to the assistant clerk and shall make an entry in the daily diary. Similarly, on return to duty, he shall again enter the fact in the daily diary and both entries shall be signed by the assistant clerk as evidence of his responsibility during the absence of the station clerk. Under no circumstances shall the station clerk and the assistant clerk be both absent from the police station at the same time.
22-9 Literate police officers. -- Other literate police officers shall be employed under the general direction of the officer charge of the police station to assist the clerk in the up-keep of criminal records, and to assist in the investigation of cases and the collection, recording and dissemination of intelligence. \
22-10. Watch of police station. (1) A standing sentry at police station shall ordinarily not be posted, but at night one of the constables sleeping at the station shall be told off by the station clerk or senior officer present to sleep in front of the door of the police station which shall be securely fastened.
(2) In cases where the lock-up contains prisoners, or there is valuable property in the store-room (Vide rule 22-18(1)) or animals in the cattle-pound, there shall be a constable on watch, who shall be posted with special regard to the protection of the lock-up, the store-room or the cattle pound, as the case may be, and he shall be responsible for its safe custody. Standing orders describing the duties of the sentry in regard to the protection of each of these three places shall be framed by the Superintendent of Police and hung up in the police station office. The officer in charge of the police station shall read out the appropriate part or parts of this standing order when allocating duties at roll call \(vide rule 22-11). If the subsequent arrival of prisoners, valuable property or cattle necessitates an extension of the duties detailed at roll call, the station order applicable and shall obtain their signatures or thumb-impressions in the station diary.
(2) Ordinarily there shall be a police officer, who shall usually be the senior police officer present at the station house, available and ready in uniform to receive information and complaints and to afford such assistance as may be lawful and necessary; and at every post there shall be at all times one police officer in uniform in charge of the building and property, but such police officer shall not be expected to do more than keep on the alert.
22.11 - Roll Calls - At sunrise and at sunset officer in charge if the police station, i.e., the senior officer present shall fall in all the police present at the station and hold a roll call. At this roll call instruction shall be given in respect of all general and special orders which may have been received from superior authority or which the officer in charge of the police station may see fit to promulgate, and duties shall be allocated. The police detailed for watch duty shall be under the orders of the station clerk who shall allot particular hours of duty to each man and note the times allotted in the daily diary immediately after the roll call, taking the signature or thumb-impression of each man in token of his having been informed.
23.12 - Inspection before proceeding on duty - All officers proceeding on duty shall appear before senior officer presenting at the station, who satisfy himself that they are correctly turned out and understand the duties allotted to them and who shall record in the daily diary at entry to the effect that he has done so, giving particulars as to the men, the duties and the time of inspection. This rule is binding on men posted on watch duty and the entry in the daily diary in their case shall be in addition to the entry required under rule 22.11 above.
23.13 - Parades - The officer in charge of the police station is responsible for keeping his proficient in drill and to secure this end must hold parades as frequently as possible. The small number of men available for parades in a police station is no bar the giving if much useful instruction.
The following portions of the police Drill Manual 1929, shall be taught at police stations.:-
Chapter I, lecture 6(traffic control)
Chapter IV, Section 3,5, to 7,9,12 to ,21 24 to 34,36 to 57,65 to69,74 75,86 to 90.
Chapter VII, physical training.
Table Card (a few exercises on each occasion). When a parade is held, a record, must be made in the daily diary in which will be incorporated a parade statement and a note of the instruction given.
22-14. The police station, lock-up. -- The rules in Chapter XXVI for the control of lock-ups and the custody and care of prisoners shall apply strictly to all police stations and posts.
22-15. Public property. -- Subject to the orders and responsibility of the officer in charge of the police station, the station clerk shall be considered to be in charge of all public property including money and case property in his station house. Every officer in charge of the station shall examine the property at least twice a month and shall report in the following Monday's diary that he has done so. If property is found to be incomplete or to be in any wary damaged he shall add to his report the names of the persons responsible for the loss or damage.
He shall also see that the property in connection with a case is expeditiously disposed of according to magisterial orders on the conclusion of the case.
All property shall be examined by officers in charge of police station on receiving and handing over charge and by station clerks on relief. All damages and shortages must then be carefully noted and reported to the Superintendent of Police.
22-16. Case property. -- (1) The police shall seize weapons, articles and property in connection with criminal cases and take charge of property which may be unclaimed.
(i) under the implied authority of Section 170, Code of Criminal Procedure;
(i) in the course of searches made in police investigations under Sections, 51, 165 and 166, Code of Criminal Procedure;
(i) under Section 153, Code of Criminal Procedure, as regards weights, measures, or instruments for weighting that are false;
(i) under Section 550, Code of Criminal Procedure, as regards property alleged or suspected to have been stolen : provided that if the property consists of an animal or animals belonging to Government or to persons of good status it may be made over to them or to a commissioned or a gazetted officer, under the orders of a Magistrate, who is empowered to make such an order under Section 523, Criminal Procedure Code.
(i) under Section 550, Code of Criminal Procedure, as regards property found under circumstances which create suspicion of the commission of an offence; when an offence in respect of an animal is committed and such animal is not stolen property such animal shall be seized and send with the case to the Magistrate having jurisdiction;
(i) under Section 25 of the Police Act, as regards unclaimed property;
Ordinarily the police shall not take possession of moveable property as unclaimed when it is in the possession of an innocent finder, but in cities and in cantonments the police may, in compliance with an order issued under Section 26 or 27 of the Police Act, take possession and dispose of unclaimed property made over to them by innocent finders.
Such property shall be entered in the store-room register, unless a special register is prescribed for the purpose by the District Magistrate.
(i) under the provisions of Local and Special Laws.
(2) Each weapon, or article of property not being cattle, seized under the above rule, shall be marked or labelled with the name of the person from whom, or the place where, it was seized, and reference to the case diary or other report submitted from the police station.
If articles are made up into a parcel, the parcel shall be secured with sealing wax bearing the seal impression of the responsible officer, and shall be similarly marked or labelled. Such articles or parcels shall be placed in safe custody, pending disposal as provided by law or rule.
Cattle shall be places in the pound and shall be carefully described in the case diary or other report regarding their seizure from the police station.
All expenses for feeding and watering cattle kept in the pound in connection with cases shall invariably be recovered from the District Magistrate and not from the complainant.
(3) The police shall sent to headquarters or to magisterial outposts--
(a) all weapons, articles and property connected with cases sent for trial;
(b) suspicious, in-claimed and other property, when ordered to do so by a competent Magistrate.
(4) Motor vehicles detained or seized by the police in connection with cases or accidents shall be produced before a Magistrate after rapid investigation or by means of in-complete challan. The evidence relating to the identity or condition of the vehicle should be led and disposed of at an early date, and the Magistrate should then be invited to exercise the discretion vested in him by Section 516-A, Code of Criminal Procedure, to order that the vehicle be made over to the owner pending conclusion of the case on security to be produced whenever demanded by the Court.
22.17. Custody of money.-- All Government money received in the police station and not disbursed forthwith shall be kept in a locked box in the store-room.
Whenever the pound receipts at a police station amount of Rs.50 or over they shall be forwarded to the sadar or tahsil treasury, whichever may be nearer.
If large sums are taken under the Cattle Trespass Act, and it is impossible to pay in such sums immediately tot he sadar or tahsil treasury, they shall be placed in the locked box in the store-room.
22.18. Custody of property.--(1) Property exceeding in value of Rs.500, whether appertaining to cases, or seized on suspicion, or taken as unclaimed, shall be forwarded as soon as possible to district headquarters for deposit in the treasury in accordance with Police Rule 27.18(2) or, in the case of property connected with a case to be tried at an outstation or tahsil, to the tahsil treasury, where it shall be placed in the tahsil strong-room under charge of the tahsildar.
Large sums of money or valuable property of any description shall not be entrusted to police officers below the rank of head constable.
When property is brought from outstations to headquarters at a time when the prosecuting inspector and sub-inspectors are engaged in Court duties, the bearer shall hand it over to the head constable acting as assistant to the prosecuting inspector under rule 27.14(3) and obtain his receipt in acknowledgment on the road certificate. When a prosecuting officer is free, the bearer of the property shall have the road certificate countersigned by him before his return to his return to his police station.
(2) All case property and unclaimed property, other than cattle, of which the police have taken possession shall, if capable of being so treated, be kept in the store-room. Otherwise the officer in charge of the police station shall make other suitable arrangements for its safe custody until such time as it can be dealt with under sub-rule (1) above.
Each article shall be entered in the store-room register and labelled. The label shall contain a reference to the entry in the store-room register and a description of the article itself and, in the case of articles of case property, a reference to the case number. If several articles are contained in a parcel, a detail of the articles shall be given on the label and in the store-room register.
The officer in charge of the police station shall examine Government and other property in the store-room at least twice a month and shall make an entry in the station diary on the Mondey following the examination to the effect that he has done so.
22.19. Post office cash safe.--Police office cash safes may be embedded in safe positions in police stations by arrangement between the Superintendent of Police and the Superintendent of Post Offices.
The police department accepts no responsibility for the safe custody of such safes and Superintendents shall not permit them to be embedded at places where no safe accommodation exists.
The work of embedding shall be carried out by the postal department.
22.20. Cattle Pounds management of.--(1) The management of cattle pounds situated at police stations shall be undertaken by the police, when the District Magistrate so requires, provided that the pay of a herdsman and an allowance of not less than two rupees per mensem for the pound-keeper be paid by the local body, which is responsible for the up-keep of such pounds.
(2) For each cattle-pount in charge of the police, an officer on the establishment of the police station concerned shall be appointed pound-keeper ex-officio. Such officer shall ordinarily be the assistant clerk, but, in police stations where the receipts of the pound normally exceed rupees fifty per mensem, he shal be the station clerk.
(3) The pound-keeper shall be required to have a through knowledge of the Cattle Trespass Act (I of 1871); the rules relating to cattle pound contained in the District Board Account Code (Appendix 22,20), or corresponding rules in force in respect of Municipal and Cantonment Cattle pounds; Sections 69 and 70 of the Indian Forest Act (VII of 1878); Section 125 of the Indian Railway Act (IX of 1890) and of these rules. He shall maintain accounts in the forms prescribed in the rules referred to above, which are obtainable from the local body concerned, and shall observe those rules in all matters connected with the management of the pound.
(4) The pound accounts shall be under the close and constant supervision of the station clerk (where be is not himself the pound-keeper) and shall be checked at least once a month by the officer in charge of the police station, who shall certify accordingly in the station diary and shall countersign the monthly balance of the account in token of his having satisfied himself (1) that the balance in hand has been checked
(2) that the accounts are on the face of them being properly kept; and (3) that he signature or initials of the pound-keeper are in their required places. Net receipts shall be credited at least once a month in the nearest sub-treasury.
(5) Bills for miscellaneous expenses incurred by the police in connection with cattle pound, e.g., emergent repairs, cost of locks, ropes, etc., shall be submitted, as the charges are incurred, to the Superintendent of Police, in form 10.33 (1) to be dealt with by him as prescribed in Rule 10.109(2).
(6) The lists of fines and of the rates authorized to be charged for feeding and watering impounded animals are required to be displayed conspicuously at every pound. Failure to keep this notice so displayed and legible, and neglect to water and feed impounded animals to the full extent which the sanctioned rates permit, are offences under Section 27 of the Cattle Trespass Act and render the pound-keeper liable, in addition to any other penalty under any other law or under police rules, to a fine of fifty rupees. This liability falls upon the pound-keeper and not upon the herdsman.
22.21. Cattle in the custody of the police.--(1) Cattle seized as suspicious or stolen property, held by the police by order of a Court under Section 88, Criminal Procedure Code, or otherwise received into police custody under competent authority, may be placed in the pound, and shall be fed at the rates prescribed for impounded cattle. Keepers of pounds which are not in charge of the police are bound to receive such cattle.
When there is any risk of an attempt being made unlawfully to remove or to rescue such cattle, a police guard shall be posted on the pound, or the cattle shall be removed to such place within or in the immediate vicinity of the police station precincts as the officer in charge considers most suitable for their adequate protection.
(2) Entries in respect of cattle placed in the pound under this rule shall be made in red ink, and any expenses incurred shall be recovered by means of judicial bills in from 10.109(1) through the prosecuting inspector, and shall not be included in the totals of the pount accounts.
22.22 Miscellaneous provision regarding pounds.--(1) A brief note of the circumstances under which a seizure was made and animals impounded shall be entered in the " remarks " column of the register. If any seizure appears to have been illegally made, the pound-keeper shall take the orders of the officer in charge of the police station before impounding the animal or animals concerned.
(2) Pound registers shall be destroyed three years after the date of last entry in them.
(3) Special attention of all police officers is drawn to Section 19 of the Cattle Trespass Act, forbidding any purchase by them, directly or indirectly, at a sale held under the Act.
22.23. Special procedure in regard to animals of value.--(1) When an animal which is clearly of more than ordinary value is impounded and the owner cannot be immediately ascertained, the officer in charge of the police station shall issue special notices, in the form of a copy of columns 1 to 7 of the pound register, (a) to the Superintendent of Police, (b0 to all adjacent police stations, whether within or without the district, (c) to the owners or managers of important farms or breeding establishments, and the officers in charge of veterinary establishments, remount deposit, etc., in the neighbourhood, and take all other reasonable measures, which the circumstances of the case may suggest, to give the owner an opportunity of reclaiming his animal. If the animal in question is branded, the department or private owner, to whom the brand is believed to belong, shall be informed.
(2) Animals in respect of which notices as above have been issued shall not be sold till at least twelve days after the issue of such notices.
22.24. Supervision by superior officers.-- Officers in charge of police stations hall be held strictly responsible, in so far as their other duties permit, for ensuring that the sums recovered on account of feeding charges are actually spent by the pound-keeper on watering and feeding impounded animals. No exact account of such expenditure is prescribed, as the conditions for obtaining suitable fodder vary according to localities and the various kinds of animals. Superintendents and all inspecting officers are, however, specially enjoined to pay particular attention to ensuring (a) that rates suitable to the prevailing prices in each locality are sanctioned; (b) that animals are properly cared for while in the pound, and that misappropriation by the pound-keeper and herdsman of the charges levied is prevented. All cases of neglect of animals in the pound shall be severely punished departmentally, apart from any action with may be takne under Section 127 of the Act.
22.25. Troops and encamping ground.--(1) The memorandum of instructions for Collectors and Deputy Commissioners with regard to troops marching through districts under their jurisdictions is given in Appendix 22.26.
(2) The reports made under paragraph 1(vi) of the memorandum shall, if made by a police officer, be made through the Superintendent of Police, and the District magistrate of the district concerned.
(3) If, under the terms of the memorandum, a police officer is not appointed for duty, the Superintendent of Police may, if he consider it desirable, appoint a police officer of suitable rank to accompany the troops. His duties shall, however, be strictly confined to co-operation with the local police in the prevention and detection of crime. He shall report to the officer in command of the troops and keep him in formed of the measures adopted.
(4) Officers in charge of police stations or, in the absence of the officer in charge, the senior officer available shall also pay their respects to officer commanding troops on the march through their jurisdiction.
(5) Officers in charge of police stations, and the headmen and watchmen of villages in the neighbourhood, shall be held responsible that all possible measures are taken to render camping ground safe and free from thieves. Bad characters found in suspicious circumstance in the vicinity shall be dealt with under the preventive sections of the Code of Criminal Procedure.
(6) Officer in charge of police stations within the jurisdiction of which troops are encamped for training shall report to the officer commanding. They shall make all necessary arrangements to keep the camp free from thieves but they need not remain in attendance.
22.27. Field firing by troops.-- When, under arrangements approved by the Deputy Commissioner concerned, they military authorities conduct field firing or artillery practices, they are required by military orders, approved by Government, to provide troops to clear and keep the ground. Police shall not be supplied for this duty. The police are further forbidden to take any part in securing the evacuation of villages or confinement of people to their houses in connection with such practices. Such action, when ordered by the Deputy Commissioner, shall be carried out by revenue officers and village officials. (Police Gazette memo No. 5932-23-31.25 of 29th June, 1925).
22.28. Duties at ferries.--(1) Police officers stationed at ferries shall afford such lawful assistance as may be necessary to secure obedience to the rules framed under Act XVII of 1878 for the regulation of traffic and shall prevent the overloading and overcrowding of ferry boats.
(2) Superior police officers shall, from time to time, visit ferries and ensure that the police understand the rules and their duties in relation to them.
22.29. Religious procession.-- The orders relating to periodical religious processions are contained in Rule 21.22
22.30. Dramatic performance and cinematography display.--(1) Whenever a dramatic performance is about to take place the officer in charge of the local police station shall be responsible that all tents, booths and other temporary structures erected for public performances are inspected before they are opened to the public.
Such structures must have proper facilities for rapid egress and for the prevention and extinction of fire, and must be so placed that three is no danger or fire form adjacent buildings.
(2) If they arrangements appears to be insufficient, immediate report shall be made to the senior Magistrate present at the place in question, or in whose jurisdiction the structures have been erected.
(3) The Superintendent shall report to the District Magistrate any defects in buildings commonly used for public performances which are lidly to endanger human life.
(4) The rules made by the Punjab Government under Section 8(2) (a) and (c) of the Cinematography Act, 11 of 1918, include the following:-
(i) No building shall be used for cinematography or other exhibition unless it be provided with sufficient exists of at least 7 x 5 size.
(ii) Space for accommodation shall be not less than 100 square feet per 25 persons.
(iii) Fire appliances shall be provided
(iv) The cinematography apparatus shall be in an enclosure of substantial construction made of, or lined internally with fire resisting material. In the case of buildings used habitually for cinematography or other similar exhibition this enclosure shall be outside the auditorium .
(v) The license and plan (of the building) and description or any of them shall be produced on demand to a police officer of or above the rank of sub-inspector.
(vi) The Superintendent of Police or and officer deputed in this behalf by him may, at any time, inspect the films which it is proposed to exhibit.
The exhibition of any film which has not been licensed for exhibition, or which has been banned by the local Government, and any breach of the rules above referred to, shall be brought to the notice of the District Magistrate for action under Section 6 of the Act.
23.31. Foundlings.-- If a child deserted by parents or guardian is found by a police officer or brought to a police station by person who is under no legal obligation to maintain it, and who is unwilling to take care of it, such child shall be cared for at the police station and brought before the local Magistrate as soon as possible. The orders of such Magistrate shall be taken as to the disposal of the child, and any reasonable expenditure, not exceeding four annas per diem incurred from the permanent advance of the police station for the maintenance of the child, shall be recovered from the Court. Should the delay in bringing the child before the local Magistrate amount to more than a few hours, advantage shall be taken of the existence of any orphanage or other charitable institution which may be willing to shelter the child until it is finally disposed of by the Magistrate's order.
22.32. Soldiers on shooting permit.--Rules relating to game shooting by British soldiers and to the grant of shooting passes are contained in Appendix XXXV, Army Regulations, India, Volume II and are also issued in pamphlet form to all units of the British Army in India.
Under these rules, (1) no soldier is permitted to carry firearms for shooting purposes or join a shooting party without being in possession of an arms license and a shooting pass (Indian Army Form L-118);(2) on the pass granted to a shooting party will be endorsed the localities where shooting is forbidden, (3) all soldiers have received instructions (a) not to shoot within 500 yards of any village house, temple or enclosure, (b) not to shoot hind, does, monkeys, dogs, peafowl or pig (except by special permission);(c) not to enter any village, speak to any Indian woman or child, use any bucket for drawing water from wells or shoot birds alighting on pipal or other sacred trees.
The following are the order of the Government of India to the civil and political authorities in connection with the foregoing rules:-
(i) The civil authorities will periodically explain the substance of the rules and orders in simple language to the inhabitants of all village and tracts where British soldiers are in the habit of shooting, warning them that soldiers are on no account to be attacked or molested, and that any such offence will be severely punished. The inhabitants, therefore will have no excuse for interfering unwarrantably with members of a shooting party.
(ii) The district or political officer will impress on zemindars, headmen, landlords and police, that they must use their endeavous to prevent disputes with, or the molestation of, any members of a shooting party, and that complaints are to be reported to the proper authorities by the villagers, who must to take the law into their own hands.
(iii) When the district or political officer receives notice, under Rule 17 of the probable visit of a shooting party, he will at once inform the head men and village police.
The district or
political officer will, on the arrival of troops in a civil district or
(v) When a complaint is made by villager against any member of a shooting party the district or political officer will at once report the matter to the officer commanding of the soldiers concerned.
(vi) If possible, disputes between members of shooting party and villagers will be investigated by a European Magistrate or Police officer not below the rank of Superintendent, and such cases will be tried by a district or joint Magistrate. The officer commanding concerned will be informed by the district officer of cases not cognizable by the police or where prosecution is not undertaken by the civil authorities. The officer commanding will thereupon take such action as may be necessary.
(vii) The rules for soldiers provide for the punishment of a corps or detachment, or district in the event of the offenders, not being discovered. A similar responsibility may be enforced upon villages where affrays with British soldiers have occurred, if the villagers generally, or a considerable umber of them, have made an unwarranted attack upon a shooting party, but the actual offenders have not been prought to justice. The villagers will be warned that in all such cases they are liable by law to have extra police quartered upon them at their own expense.
22.33. Destruction of snakes and wild animals.-- (1) Under the orders contained in Punjab Government Consolidated Circular 39 allotments as permanent advances are made by District Boards to all police stations to enable the officer in charge to pay the prescribed rewards for killing sakes. These advances will be re-cooped on the submission, through the Superintendent of Police, to the District Board, of statements of accounts showing the name, caste and residence of payees, the amount paid and the number and description of dead snakes brought in.
(2) The amounts authorised as rewards are
Re.04-() for a cobra and Rc.0-2-0 for a karait. In the absence of especial
local orders no reward is payable for the killing of any other kind of snake.
Officers in charge of police stations are required to satisfy themselves before
making disbursements, that the snake killed is of a species for which a reward
is authorised. To assist in this every police station has been supplied with a
book of coloured plates of the poisonous snakes common in
(3) The payment of rewards for killing certain wild animals is also authorised. Claimants should be required to present themselves with the head and skins of the animal on account of which a claim is made at the office of the Deputy Commissioner.
22.34. Destruction of ownerless dogs.--Under section 109 of the Punjab Municipal Act(III of 1911) municipal committees have power to order the destruction of any dog or other animal suffering, or reasonably suspected to the suffering from rabies. They also have power to issue a standing order for the destruction of all days without collars found wondering about streets. The police shall not act as agents for the destruction of such dogs but shall support the authority of any agents appointed for purpose by the municipal committees.
22.35. Recovery of dead bodies from canals.-- Under rule 15.16 any persons taking a corpse out of a canal or river, or causing it to be taken out and delivering it to a headmen of a village, is entitled to a reward of Rs.10. Such sums shall be paid at once by officer in charge of police station from the permanent advance and recovered at once on simple bills from the Superintendent of Police
22.36. Duties in connection with epidemic diseases.-- (1) On the appearance of cholera, plague, small-pox or any other disease in epidemic form, or unusual mortality amongst rats in any police station jurisdiction, the officer in charge of the police station shall at once inform the Superintendent of Police, the District Medical Officer of Health and the Medical Officer of the nearest dispensary.
(2) After the first report regarding the out-break of cholera, plague, small-pox or other infectious disease has been made, the watchmen of infected villages shall continue to make, as long as the villages remain infected, weekly reports at the police station of the number of cases and deaths; and the officer in charge of the police station shall transmit this information weekly to the District Medical Officer of Health.
(3) If and when an alternative reporting agency has been established, these weekly reports shall be discontinued, but where required they shall be submitted on stamped addressed postcards supplied by the Districts Medical Officers of health for the purpose.
(4) On receipt of information as in sub-rule (1) the Superintendent of Police shall also notify the District Medical Officer of Health (or in his absence, the Civil Surgeon) and shall inform the Inspector General of Police by telegram.
22.37. Additions and alterations to buildings.--(1) Officers in charge of police stations hall not permit any additions or alterations to existing buildings without the previous sanction of the Superintendent of Police
(2) Orders relating to the construction of prayer platforms at police stations are contained in Chapter III.
22.38. Diet of accused person.- The rules for the provision of diet at police stations to accused persons and for the recovery of expenses in this connection are contained in rules 26.27 and 10.109.
22.39. Advance of diet money to witnesses.-- The rules for the advance at police station of diet money to witnesses, and for the recovery of such advances are contained in rule 27.28.
22.40. Charges of animals connected with cases.-- Complainants in cattle theft cases, or sureties to whom cattle have been made over for safe custody and production if and when required during police investigation, shall receive the cost of maintaining animals connected with the cases. The rate sanctioned for each day and for each day's journey are fixed by the Deputy Commissioner, with the approval of the Provincial Government, subject to the proviso that the complainant has travelled, or has been detained in the interests of the case at a place, more than five miles from his home.
Superintendents of Police shall provide lists showing the rates for each animal and these lists shall be hung up in the police station office.
Claims for payment of these charges shall be made in form 22.40. The amount due to a complainant or to a surety shall be entered in the form and submitted to district headquarters with the challan or final report in the case. Money shall be recovered from the allotment for "Rewards to private persons" and remitted to the police station concerned for prompt payment.