POLICING IN THE CONTEXT OF PUBLIC ORDER AND INTERNAL SECURITY CHALLENGES
33. (1) The Director General of Police shall, with the approval of the State
Internal Security Scheme Government, draw up an Internal Security Scheme for the entire State as well as for each of the districts and urban areas to deal with problems of public order and security of the State as a whole or for any specific area or areas.
(2) The Internal Security Scheme shall be updated regularly by
incorporating therein, the latest comprehensive standard operating procedures for the actions, to be taken by the police either independently or in co-ordination with other agencies in the period, before, during and after the occurrence of problems of each kind.
34. (1) As and when, the security of the State in any area is threatened by
CreationofSpecial Security Zone insurgency or any terrorist or militant activity whether by any organized crime group or otherwise, the State Government may, by notification in the Official Gazette, declare such an area as a special Security Zone:
Provided that such notification shall be placed before the State Legislature, within a period of six months from the date of issue or the fIrst sitting of the Legislature, whichever is earlier.
(2) For a Special Security Zone, as declared under sub-section(l), the State Government may, create an appropriate Police structure providing for such zone, a suitable command, control and response system.
(3) The Director General of Police shall with the concurrence of the State Government, issue orders, laying down standard operating procedures, to be followed by the police in a Special Security Zone.
(4) The State Government may, on the recommendation of the Director General of Police, and for reasons, to be recorded in writing, ban or regulate the production, sale, storage, possession or entry of any devices, or equipment, or any explosive, poisonous, chemical biological or radioactive articles or substances, or any inflow of funds, in a Special Security Zone,
if the use or inflow of funds, in Special Security Zone, if the use or inflow thereof, is reasonably considered a threat to internal security or public order in the area, in any a manner. 35. The State Government, may, for any special Security Zone, frame rules
Framing of rules to prevent and control the activities of persons or organizations, which may have an impact on internal security or public order. Chapter V
EFFECTIVE CRIME INVESTIGATION
36. (1) The State Government may, by notifIcation in the Official Gazette, Investigation by District Police cause separation of law & order machinery from the investigation wing in such municipal areas, as may be deemed appropriate by it
20
15 in order to bring about more professionalism. The investigation staff shall ordinarily not be diverted for any other duties l except with the pennission of the Deputy Inspector General of Police of the Range concerned.
(2) The State Government shall create in every district l specialized crime investigation unit, headed by an officer, not below the rank of Inspector with an appropriate strength of officers and staff, for investigating such categories of specialized crime, as may be
deemed appropriate. The personnel posted in this unit shall not be
diverted to any other duty, except under exceptional circumstances
with the written permission of the Deputy Inspector General of
Police of the Range concerned.
37.
The officers posted in special crime investigation units shall be selected
Selectionofofficers. on the basis of their aptitude, professional competence and integrity. Their professional skills shall be upgraded, from time to time, through specialized training in investigative techniques, particularly in the application of scientific aids to investigation and forensic science techniques.
38. The officers posted in the special crime investigation units may
InvestigationofCrirre. investigate crimes, such as murder, kidnapping, rape, dacoity, robbery, dowry-related offences, serious cases of cheating, misappropriation and other economic offences, specified by the Director General of Police, besides any other cases, specially entrusted to the unit by the Senior Superintendent of Police of a district.
39.
The State Government may provide necessary legal and forensic aid to
LegalandForensic advice. investigating officer during investigation. Chapter VI ROLE, FUNCTIONS, DUTIES AND RESPONSIBILITIES OF THE
POLICE
40.
The role and functions of the police shall be , --
Role, functionsanddutiesofthe Police. (a) to prevent and detect crime;
(b) to uphold and enforce the law impartially, and to protect life, liberty and property, human rights and dignity of the people;
(c) to maintain law and order;
(d) to maintain internal security;
(e) to promote and preserve public order;
(f) to provide possible help to people in distress or in situations arising out of natural or man-made disasters;
(g) to facilitate orderly movement of people and vehicles and also to control and regulate traffic on roads and highways with a special emphasis on checking the violations under the Motor Vehicles Act, 1988 and the rules made thereunder, falling under the following categories, namely :-
1. those, endangering the lives of road users;
11. those, restricting the smooth flow of traffic on roads; and
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lll. those, adding to the pollution of the environment;
(h) to register and investigate all cognizable offences coming to their notice, duly supplying a copy of First Information Report to the complainant forthwith and to carry out further investigation as per law;
(i) to collect intelligence relating to matters, affecting public peace,
crime, social harmony and security of State and take appropriate action; G) to take charge of all unclaimed property and take action as per relevant rules.
(k) to prevent and control public nuisance. (1) to enforce any other duty assigned by law.
41.
It shall be the duty of every police officer to, --
Social responsibilities ofthe police. (a) extend due courtesy while dealing people;
(b) guide and assist people especially those, needing help and protection;
(c) provide all possible assistance to victims of crime and of road accidents, and in particular, make efforts that they receive timely medical aid;
(d) be impartial and respectful for human rights, with special attention to weaker sections, while dealing with situations of conflict;
(e) prevent harassment of women and children in public places;
(f) render assistance to the people, particularly women, children, and the poor persons, against criminal exploitation by any person or organized group ofpersons;
(g) arrange for legally permissible assistance and shelter to every person in custody and making known to all such persons, provisions of legal aid schemes, available from the Government and also inform the authorities; and
(h) actively work towards checking the social evils of drugs and female foeticide. 42. A senior police officer may, perform any duty, assigned by law or by a
Senior police officer performing duties of subordinate officer. lawful order to any subordinate to him, and may aid, supplement, supersede or prevent any action of the subordinate by his own action or that of any person lawfully acting under his command or authority,
whenever the same shall appear necessary or expedient for giving more convenient effect to the law or for avoiding any infringement thereof.
43. (1) It shall be the duty of every officer in-charge of a Police Station to
Police officerstokeepdiary. keep a general dairy in such form, as may, from time to time be specified by the State government and to record therein, all
complaints and charges made, the names of all persons arrested, the offences complained against them, the names of complainants, the weapons or property that have been taken from their possession or otherwise or the witnesses, who have been examined.
(2) Every Police Station shall keep such record, registers, forms and
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returns, as may be prescribed.
(3) The State Govenunent or the Director General of Police, may specify returns, reports and statements connected with prevention and detection of crime, maintenance of order, performance of duties, administration and management of the Police Service,
required to be maintained at different levels.
44.
With a view to carry out the purposes of this Act, the State Government
Authorityofdistrict Senior Superintendent of Police over may declare that the authority, which is or may be exercised by the village watchmen. District Magistrate over a village watchmen for the purposes of policing, shall be exercised by the district Senior Superintendent of
Police.
Provided that such an authority shall be exercised under the overall
control of the District Magistrate. Chapter VII
REGULATION, CONTROL AND DISCIPLINE
45. The Director General of Police shall be competent to issue directions or
Regulations. orders, not inconsistent with the provisions of this Act or the rules framed there under regarding,--
(a) prevention and investigation of crime; (b) maintenance of law and order;
(c) regulation and inspection of the police organization and of the work performed by the police officers;
(d) regulating the issue and use of arms and ammunition;
(e) wearing of uniform;
(f) organization, classification and distribution of the police force;
(g) recruitment subordinates, special police officers and ministerial staff;
(h) specifying the places of residence of the members of the police service;
(i) internal vigilance within the police; G) institution, management and regulation of any Non- Govenunent fund for the purpose connected with the police
administration or welfare of police personnel; Explanation.-For the purpose of this clause, "Non Government Fund" shall mean a Fund, in which no
contribution is made either by the State Government or by
the public;
(k) regulation, deployment, movements and location of the
police; (1) assigning of duties to the officers of all ranks and grades, and specifying the manner and the conditions subject to which, they shall exercise and perform their respective powers and duties;
(m)regulating the collection and communication or intelligence
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and information by the police;
(n) specifying the record, registers and forms to be maintained and the returns, to be submitted by different police units and officers;
(0) community policing; (P) functioning of police stations and other units;
(q) training of the police force and management of training institutions;
(r) generally, for the pwpose of administering this Act and for rendering the police more efficient, and preventing abuse of power or neglect of duties by them; and
(s) covering any aspect of police administration, which is incidental or co-related to the provisions of this Act or the rules framed thereunder.
46. Every police officer shall be considered to be always on duty, and may
Police officerstobealwayson duty at any time, be deployed in any part of the State or outside the State.
47. No police officer shall abdicate his duties or withdraw himself from his
Abdicationofduties or her place of posting or deployment, without proper authorization. Explanation: - An officer who, remains absent after expiry of authorized leave without reasonable cause, shall be deemed within the meaning of this section to have withdrawn himself from the duties of his office. 48. No police officer shall engage in any other employment or office of
Employment
in office ofprofit. profit whatsoever, other than his duties under this Act.
49. (1) Whoever, intentionally causes or attempts to cause, or does any act
Penaltyforcausing disaffection. which is likely to cause disaffection towards the Government, established by law, amongst the members of a police force, or induces or attempts to induce or does any act, which is likely to induce any member of a police force to withhold his services or to commit a breach of discipline, shall be punished with imprisonment, which may extend to three years or with fme, which may extend to ten thousand rupees, or with both.
Explanation :- The expression of disapproval of measures of the
State Government by lawful means, or disapproval of the administrative or other action of the State Government, do not constitute an offence under this section, unless they cause or are taken for the purpose of causing disaffection. 50.
1) No member of a police Service shalL without the express sanction of
Restrictions respecting right to form association, freedom of the State Government, - speech. (a) be a member of, or be associated in any way with, any trade union, labour union, political association;
(b) be a member of, or be associated in any way with any other
society, institution, association or organization that is not recognized as part of the police Service of which, he is a member:
Provided that if such a society, institution, association or
19 organization is purely social, recreational or of religious nature, a member of the police Service, may become its member; and
(c) communicate with the press or publish or cause to be published any book, letter or other document, except where such communication or publication is in the bonafide discharge of his duties or is of a purely literary, artistic, scientific character or is of a prescribed nature.
(2) No member of a police Service shall participate in, or address, any
meeting or take part in any demonstration for any political purpose or for such other purposes, as may be prescribed.
(3) Any person violating the provisions of this section, shall be liable to face disciplinary action as per the provisions of this Act or the rules made thereunder.
51.
Any person who contravenes the provisions of sub-sections (4) of
Penalty Section 34, shall, without prejudice to any other action that may be taken against him, be punishable with imprisonment for a term which may extend to three years, or with fine, which may extend to ten thousand rupees or with both.
52.
Subject to any orders, which the Central Government may make in this
EmploymentofPolice officer beyond the State to \lihich they behalf, a member of the Police Service may be deputed to discharge his belong. duties in any other State, and shall, while discharging his duties there, be deemed to be a member of the Police Service of that State and be
vested with the powers, functions and privileges and be subject to the
liabilities of a Police officer belonging to the Service of that State.
53. In the event of any component of the Police Service serving in any other
Extensiontodisciplinarylawsof State to member of service when State, whether independently or by being attached to the Police Service serving outside State. of that other State, every member of the said component, while discharging the duties of a police personnel in that other State, shall
continue to be subject to the same laws in respect of discipline as would
have been applicable to him, if he had been discharging those duties
within the State.
Chapter VIII
POLICE ACCOUNTABILITY
54. The State Government may by notification, constitute Police
StateandDistrict Police Complaint Authority. Complaints Authorities at the State Level as well as District level. Chapter IX
WELFARE AND GRIEVANCE REDERESSAL MECHANISM FOR
POLICE PERSONNEL
55. The State Government shall designate an officer, not below the rank of
Welfare an Assistant Inspector General of Police to head a police welfare wing in the office of the Director General of Police to aid and advise him in the implementation of welfare measures for police personnel.
56 A police welfare fund shall be created under the administration and control of the Director General of Police for the welfare activities and programmers for police personnel which, shall consist of the following
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20 contributions, namely :--
a) Contributions by members of the police Service; and
b) Such financial grants, as may be given by the State from time to time.
57. (1) The Director General of Police, with the approval of the State
Grievance Redressal Government, shall constitute, a fair and transparent police grievance redressal mechanism for looking into the grievances of police
personneL
Chapter X General Offences, Penalties and Responsibilities
58. (1) The Senior Superintendent of Police of a district or an
Regulationofpublic assemblies and processions. Superintendent of Police may, where necessary, regulate the conduct of all assemblies and processions on any public road, street or thoroughfare, and specify the routes by which and the time, at which such a procession may pass.
(2) It shall be the duty of the person who organize a procession on any road, street or thoroughfare, or who convenes an assembly at any public place, to give intimationinwriting to the officer incharge of the concerned Police Station.
(3) The Senior Superintendent of Police of a district or any officer, not below the rank of Assistant Superintendent of Police or Deputy Superintendent of Police, on receipt of such intimation or otherwise, and upon being satisfied that such an assembly or procession, if allowed without due control and regulation, is likely to cause a breach of peace, may take necessary steps including making provision for satisfactory regulatory arrangements, on which alone, such assembly or procession may take place. For special reasons to be recorded in writing, the concerned officer may also prohibit the assembly or procession in public interest. All orders and directions shall be given within forty-eight hours of receipt on intimation, as far as possible.
59. The Senior Superintendent of Police of a district or any officer, not
Regulationofuseofmusicand other sound systems in public below the rank of Assistant Superintendent of Police or Deputy places. Superintendent of Police, may regulate the time and the volume, at which music and other sound systems are used in connection with any
performance and other activities in or near streets or any public place
that cause annoyance to the resident of the neighborhood. 60.
(1) The Senior Superintendent of Police of a district or any police
Direction
to keep order on public roads. officer, authorized by him in this behalf, through a general or special order, may give reasonable directions to the public to keep order on public roads and streets; thoroughfares, or any public place, in order to prevent obstruction, injuries or annoyance to the passers-by.
(2) The Senior Superintendent of Police of a district may issue general directions under sub-section (1), in respect of the whole district or any part thereof.
61. Whoever contravenes the provisions of sections 58,59 or 60 shall be
Penaltyandcomposition ofoffences. punished with imprisonment of either description for a term, which may
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I
extend to six months, or with fine, which may extend to ten thousand rupees, or with both:
Provided that either before or after the institution of prosecution, these offences may be compounded before the competent authority or the court of such amount, as the State Government may, by notification in the Official Gazette, specify in this behalf. 62. (1) The Senior Superintendent of Police of a district may, by public
Power to reserve public places and erect barriers. notice, temporarily reserve for any public purpose, any street or other public place, and prohibit entry to such an area, except on such conditions as may be specified.
(2) The Senior Superintendent of Police of a district, may authorize any police officer to erect barriers and other necessary structures on public roads and streets to check vehicles or occupants thereof to ensure safety and security.
(3) While acting under sub-section(2), the Senior Superintendent of a district, shall specify the necessary steps to be taken for ensuring the safety of passers-by.
(4) The temporary structures shall be removed, once the purpose for which they were installed, is achieved.
63. Any person, who obstructs the discharge of duties and functions of a
ObstructioninPoliceWorkPolice Officer, shall, on conviction, be liable to simple imprisonment for a term, not exceeding three months or with fine of rupees five thousand or with both. 64. Whoever, not being a member of the Police Service, wears, without
Unauthorized use of Police Uniform obtaining permission from an officer, authorized in this behalf by the State Government by a general or special order, a police uniform or any dress, having the appearance or bearing on any of the distinctive marks of that uniform, shall, on conviction, be punished with imprisonment for a term, not exceeding six months or with fme, not exceeding rupees ten thousand or with both. 65.
Whoever, having ceased to be a police officer, does not forthwith his
Refusal to return certificate etc.on ceasing to be pol ice offi cers. certificate of appointment, clothing accouterment and other wherewithal supplied to him for the execution of his duty, shall on conviction by a
Court of law, be punished with imprisonment for a term to a minimum
fme ofone thousand rupees.
66. Whoever makes a false Statement or a statement which is misleading
Falseormisleading statements made to Police officer. immaterial particulars to a police officer for the purpose of obtaining any benefit shall, on conviction, be punished with imprisonment for a term, which may extend to six months or with a fine, not exceeding
rupees ten thousand or with both.
67. Whoever, being a Police Officer:-
OffencesbyaPolice Officer. (a) intentionally abdicates duties or withdraws from duties; or
(b) uses criminal force against another police officer, or indulges in gross insubordination;
(c) engages himself or participates in any demonstration, procession
22 or strike, or resorts to, or in any way abets any form of strike, or uses physical force to compel any authority to concede anything; or Cd) is guilty of sexual harassment in the course of duty, whether towards other police officers or any member of the public. shall on conviction by court, be punished with imprisonment for a term, which may extend toone year or with a fme, not exceeding ten thousand rupees or with both.
68. (1) A person shall on conviction by a court, be liable to imprisonment Offences by Public for a term, not exceeding one month or with fme of not less than one thousand rupees or with both, when he commits any of the following
offences on any public road, or street or thoroughfare, or footpath,
or any municipal councilor corporation or notified area to the
inconvenience, annoyance or danger of the residents or passers-by,
namely:-
(a) Allows intentionally any cattle to stray or keeping any cattle or
conveyance of any kind thereon longer than is necessary for loading or unloading or for taking up or getting down passengers, or leaves thereon any conveyance in such a manner, as to cause inconvenience or danger to the public or uses the public road or thoroughfare or footpath for sale or storage of goods;
(b) being found intoxicated and riotous;
(c) indulges in a drunken brawl or affray or assaults any person or indulges in any indecent exposure of the body;
(d) neglects to fence in or duly protect any well, tank, hole or other dangerous place or structure under his charge or possession or otherwise creates a hazardous situation in a public place;
(e) defaces or affixing notices, or writing or drawing on walls, buildings, road signs or other structures without the prior permission of the custodian of the property; (t) willfully damaging or sabotaging any public alarm system;
(g) willfully enters or remains without sufficient cause, in or upon
any building, belonging to the Government or land or ground attached thereto, or on any vehicle belonging to the State Government;
(h) knowingly and willfully causing damage to an essential service, in order to cause general panic among the public;
(i) acts in contravention of a notice publicly displayed by the
competent authority in any State Government building; Provided that the police shall take cognizance of this offence only upon a complaint made by an authorized functionary of the concerned office; G) knowingly spreading rumours or causes false alarm to mislead the police, fire brigade or any other essential service;
(k) causes annoyance to a women by making indecent overtures of calls or by stalking;
Provided that the police shall take cognizance of this offence
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23 only upon a complaint made by the victim, or any other person - authorized by her; and
(l)releases any obnoxious gas or fluid which causes annoyance or inconvenience or likely injury to anyone.
(2) Offences under sub-clauses (b), (c), (t), (g), (h), (k) and (I) of sub- section (1), shall be cognizable and bailable.
(3) Whoever, commits any offence under sub-section
(1), on subsequent conviction, shall be liable to enhanced punishment, of imprisonment, not exceeding three months. 69. No suit or other legal proceeding shall lie against a police Officer for
Prosecution of Police Officers any act done, in good faith or intended to be done in pursuance of this Act or of any rules or any order made thereunder, except on a report in
writing of the facts, constituting such offence by, or with the previous sanction of an officer, authorized by the State Government in this
behalf. 70. Subject to the provisions of section 300 of the Code of Criminal
Prosecution for offences under other laws. Procedure, 1973 (Central Act 2 of 1974), nothing contained in this Act shall bar the prosecution of any person under any other law, for anything done or made punishable under this Act. 71. No Court shall take cognizance of any offence under this Act after the
Limitation of actions. expiry of the period of limitation, as provided under Chapter XXXVI of the code of Criminal Procedure, 1973 (Central Act 2 of 1974). Chapter XI MISCELLANEOUS 72. All powers, functions and duties of the Senior Superintendent of Police
Powers of Senior Superintendent ofPolice to be exercised by of a district described under this Act, shall be exercised, in respect of Commissioner. areas notified under section 8, by the Commissioner or any other Officer, who may be authorized
in this behalf by State Government. 73. All fees paid for licenses or written permissions, issued under this Act,
Disposal offees and rewards. and all sums paid for the service of processes by police personnel, and all rewards, forfeitures and penalties or shares thereof, which are by law payable to police officers as informers, shall, save in so far as any such fees or sums are payable under the provisions of any other law in force to any local authority, be credited to the State Government in such
manner, as may be prescribed. 74. No order, direction, or act done under any provision of this Act, or
Validity of orders and actions. under the rules made thereunder, shall be illegal, void or invalid merely by reason of any defect or form.
75. A Police Officer taking charge of an office for a temporary period, shall
Officers holding chargeofor succeeding to vacancies exercise the same powers and duties of that office conferred under this competent to exercise powers. Act, on an officer holding regular charge of that office.
76. (1) Any license or written permission granted under the provisions of
Licensesandpermissions. this Act, or the rules framed thereunder, shall specify the period and locality for which, and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of
29
,r 24 the competent authority and such fee, as may be prescribed.
(2) If any of the conditions or restrictions, subject to which a license or written permission was granted under this Act, is infringed or evaded by the person to whom it was granted, or if such person is convicted of any offence in any matter to which such license or
permission relates the license or written permission so granted, shall
be suspended or revoked by the competent authority.
(3) When any such license or written permission is suspended or
revoked, or when the period for which the same was granted has expired, the person towhom the same was granted, shall, for all purposes of this Act, be deemed to be without a license or written permission, until the order for suspending or revoking the same, is cancelled, or until the same is renewed, as the case may be.
(4) Every person to whom any such license or written permission has been granted, shall, while the same remains
in force, at all reasonable times, produce the same, if so required by a police officer.
Explanation - For the purpose of this section, any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person, to whom the license or written permission has been granted, shall be deemed tobe infringement or evasion by, or as the case may be, conviction of the person to whom such license or written permission has been granted.
77. Any public notice required to be given under any of the provisions of
Public notices. this Act, shall be in writing under the signature of a competent authority and shall be published in the locality, to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising the same in such local newspapers of English or regional language or Hindi as the said authority may deem fit, or by any two or more of these means or by any other means, as it may think suitable.
Provided that the publication of notice may be dispensed with by the competent authority in public interest for reasons, to be recorded in written.
78. Whenever under this Act, the doing or the omission to do anything or
Consentofcompetent authority. the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document, signed by a competent authority purporting to conveyor set forth, such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.
79. Every license, written permission, notice, or other document, not being
Signatureonnotices. a summons or warrant, search warrant, required by this Act, or the rules made thereunder, to bear the signature of the competent authority, shall be deemed to be properly signed if it bears a facsimile of its signature stamped thereon. 80.
(I) The State Government shall, by notification in the Official Gazette,
Power to make rules make rules for carrying out the purposes of this Act, within one year from the date on which this Act, come into force.
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