POLICE REGULATIONS, BENGAL. PART 2

CHAPTER III.

Direction and Control.

1-POWERS AND DUTIES.

  1. (a) The Inspector-General is authorised to issue, without reference to the Provincial Government, standing or general orders General. either on matters of routine or to simplify or explain previous orders, but shall issue no standing order that deals with a point of law until it has been approved by the Legal Remembrancer. All such orders shall be published as Police Orders in the Police Gazette, and the approval of the Provincial Government shall be obtained subsequently for the incorporation of any of them in the Police Regulations.

(b) The Inspector-General may exercise the full powers of a it wins the Magistrate, with which he is vested under section 5, Police Act, 1861, eration. All throughout the province, only for the preservation or detection of crime,

must or the apprehension or detection of offenders, so far  as may    be ers of necessary in the absence of a Magistrate.

  1. (a) The Deputy Inspector-General of a Range is responsible for maintaining the strictest discipline and the highest possible standard of these by efficiency in the police force under him. He shall ensure; and every making frequent inspections and by keeping in close touch with his punishment Superintendents.
  • He shall be ready to assist and to control the Superintendents who under him, and shall point out to them the proper  method of carrying out their duties whenever heobserves     neglect, want of system      or of divergence       from orders        but    he shall       subsequently refer        any     difference    of opinion to the                Inspector-General if a               Superintendent so                requests.    He quarters shall seek         to encourage, instruct and             advise them       rather        than to  find is or non- fault: and he shall be careful neither to supersede them in their proper them to functions nor to interfere unduly in their relations with their subordinates.
  • He is responsible for         seeing that in the                     districts within         hisRange all necessary              measures are taken           by     the       police   for the         prevention conduct and detection of crime and that the investigation of important cases is properly supervised, that the procedure is uniform, and that districts co­operate harmoniously with one another                     and also      with districts                                 of other Ranges.
  • Subject to the provisions of regulation 685, he is empowered to strengthen the police in, or to withdraw police from, any district in his Range as a temporary measure : and he can also alter temporarily the strength of the force allotted to any duty head in the allotment statement in the provided that the total strength of the Range is not thereby increased.
  • He may not, without the previous sanction of the Inspector- General, issue any circular orders to, or prescribe any return or form to be prepared or submitted by Superintendents in his Range.
  1. (a) The powers and duties of a Superintendent are given in the various chapters.

(b) A Superintendent shall without delay or demur carry out any instructions given to him by the Deputy Inspector-General of the Range.

  1. It should be the aim of every Superintendent that his subordinates should, on the one hand, feel confident of being given due credit for good work and of receiving a fair hearing and loyal support in all difficulties and, on the other, realise the impossibility of earning his good opinion or of gaining promotion except by honest work.

He shall keep in constant touch with his officers. He shall be accessible to them and encourage those who are called by duty to headquarters to report in person on the state of their charges and to discuss their difficulties with him personally. He shall attend office at regular hours when at headquarters and dispose of his official business there. When enquiries are being made into minor offences he should dispense with written explanations, if possible, and pass short concise orders.

  1. (a) The Additional Superintendent is in subordinate alliance with the Superintendent and                holds  a position similar to that of a second in command of a regiment.                  The two officers shall                work in constant co­ operation and keep each other informed of all matters of importance in the administration of the district when one of them is absent from headquarters the other shall do his current work.
  • Subject to any restricijon imposed by these regulations, the Superintendent may at his discretion employ an Additional Superintendent on any duty and may delegate to him the power to dispose of any particular item of work which is relatively less important and of which the Superintendent can be relieved without in any degree whatsoever diminishing his authority or responsibility.

The Superintendent shall, if necessary, consult the Deputy Inspector-General when detemuning the duties ordinarily to be performed by the Additional Superintendent.

  • The Superintendent and the Additional Superintendent shall meat constantly to discuss Intelligence Branch work in order to keep each other posted in all its phases.
  • The Superintendent shall lay down a definite line of action for the control of crime throughout his charge and he shall communicate this to his Additional Superintendent who shall give him every support in seeing that it is followed.

(40). (a) Although the Superintendent may delegate to the Additional Superintendent the maintenance of the cash account and the of the cash balance he shall himself that the Additional Superintendent is exercising a careful scrutiny.

  • The Superintendent is the principal touring officer and shall tour throughout his district though he may allot a portion of this work to the Additional Superintendent.
  • The Superintendent may not delegate to an Additional Superintendent responsibility for any of the following
  • the drill, discipline and general control of the police force under him;
  • the control over expenditure whether of cash or of ocher property of the Police Department throughout his charge;
  • the work of the District Intelligence Branch, except in a district where an Additional Superintendent is specially sanctioned for that Branch;
  • the maintenance in his office of the District Crime Note Book or other system of control of crime against property, and
  • except in Mymensingh district, the general control of crime throughout any part of his district.
  • Except in Mymensingh the territorial distribution of work between the Superintendent and the Additional Superintendent is prohibited.
  • An Additional Superintendent may write confidential reports under regulation 76 upon officers with whom he is in close contact; but they shall be subject to the Superintendent’s control and remarks.
  1. (a) The Superintendent shall personally deal with the following matters
  • proceedings against Inspectors;
  • the posting, transfer and promotion of all officers of and above the rank of Assistant Sub­Inspector;
  • important correspondence with higher authorities, such as, applications for additional grants, changes in the jurisdiction of police-stations, etc.;
  • the maintenance of the District Note Book prescribed in regulation 1104;
  • holding orderly room at least once a week as laid down in regulation S93; and, generally,
  • all matters of importance.
  • The Superintendent shall himself pass orders about the major punishment of Sub-Inspectors.
  • The Superintendent shall personally, as often as is possible—
  • supervise important cases (vide regulation 55);
  • hold the monthly kit inspection at headquarters;
  • make inspections of police-stations and of police offices in the district, and shall, so far as possible, deal with important confidential matters.
  1. A superintendent is expected to take a share in the actual investigation of important cases but should take the investigation out of the hands of his subordinates only in very exceptional circumstances. He shall personally investigate all serious cases in which Europeans are involved or in which racial feelings have been or are likely to be aroused.
  2. (a) Whenever there has been any outbreak of rioting, the Superintendent shall, if necessity, reinforce the local investigating staff and arrange the work so that officers investigating cases arising from the riots can devote undivided attention to them.
  • He shall also see that investigations are completed without unnecessary delay. Charge sheets shall be framed at once against any persons regarding whom evidence is immediately available, supplementary charge sheets being drawn against other persons regarding whom evidence is obtained later. In no circumstances shall a charge sheet against any person or persons regarding whom satisfactory evidence is forthcoming be delayed while evidence against other persons is sought.
  • He shall also, if necessary, reinforce the prosecuting staff and, if police officers are not available for this purpose, move the District Magistrate to apply to the Legal Remembrancer for the retention of legal practitioners as public prosecutors. It is essential that the prosecuting staff detailed for such cases should be sufficient to give undivided attention to them.
  • He shall also see that prosecuting officers move the Magisti-ates for early trial of such cases, and that they communicate the dates of hearing to the investigating staff, so that all necessary with before the courts on those dates. esses appear
  • The District Magistrate should consider whether an additional or special Magistrate is required to deal with cases arising out of the occurrence, and whether local arrangements can be made: if not, the Commissioner and the Provincial Government should be informed by wire. It is important that a capable Magistrate should take up the riot cases and deal promptly with them.
  • Applications for bail made in any court by any person under trial or appealing against conviction in such cases shall be opposed, if there is reason to believe that he is likely to use his liberty to commit further offences or to instigate other to do so. The Public Prosecutor must be supplied with all relevant facts necessary for this purpose, e.g. that the appellant has previously been convicted or similar offences, that charges for similar offerices are pending against him or that there is reasonable ground for believing that he will engage in further unlawful activities.
  • If the District Magistrate desires that any application made under section 526 of the Code of Criminal Procedure should be opposed, he shall immediately send to the Legal Remembrancer clear and full instructions for the counsel who will oppose it. If it is important that the trial of the case, regarding which the application is made, should not be delayed, the District Magistrate shall also furnish the Legal Remembrancer with reasons for moving the High Court to treat the application as urgent.
  • The Superintendent is responsible for furnishing the District Magistrate with all relevant facts required under clauses (9 and (g).
  • Close co-ordination of the work of the police and the magistracy is essential in all matters relating to such cases, and the District Magistrate and the Superintendent are jointly responsible for securing this co-ordination.
  1. (a) With the written permission of the Deputy Inspector-General of the Range an Assistant or Deputy Superintendent in any district may, under the control of the Superintendent and subject to any written order recorded by him which does not conflict with any law or rule in force, perform any- of the duties of a Superintendent under the Police Act, 1861, or under any rule or order made or approved by the Provincial Government under that Act.

(b) The functions and departmental status of Assistant Superintendents and of Deputy Superintendents are generally the same; but the object for which Deputy Superintendents are appointed is to give the Superintendent as much relief as possible whereas the chief considera­tion in the case of Assistant Superintendents is their training and their duties shall therefore be arranged so as to give them experience of all branches of police work and to fit them as early as possible for the charge of a district (vide regulation 790).

  1. Assistant and Deputy Superintendents posted at headquarters should not be employed only for routine work in the Superintendent’s office: they should in addition be used freely, under the Superintendent’s directions, for the supervision of important investigations and enquiries and may also, when the Superintendent thinks it necessary, be used for additional inspections of police-stations in the interior. The Superintendent shall define clearly, in a district order, the duties which they shall perform and the sphere of actin, if any, allotted to them.
  2. (a) The two main objects for which an Assistant or Deputy Superintendent is posted as a Subdivisional Police Officer are to prevent and detect crime and to insure that close supervision in exercise over investigations. For this reason—
  • he shall in every important case, and particularly in every special report case, visit the spot and supervise the investigation as prescribed in regulations 54 and 55.
  • he should secure the local knowledge which is essential for the prevention and detection of crime by touring in the villages and getting into close touch with the people. He should ascertain from them whether the chaukidars are doing their duty, whether any particular class of crime is prevalent, and whether real efforts have been made to arrest absconders where these are many. He should take with him the Village Crime Note Book and test the entries in it by enquiries from respectable villagers; and he should particularly enquire whether there are any new Criminal gangs at work. It is open to him to recommend deserving village headmen for rewards.
  • The Subdivisional Police Officer shall promptly take up the investigation of any charge brought against the police, unless or until an investigation or enquiry into it is taken up by the Superintendent or by a Magistrate.
  • He shall occasionally visit important hats and invariably attend annual fairs and festivals to see that order is preserved. He should see that arrangements for the preservation of order at large gatherings are carefully thought out beforehand.
  • He shall inspect all police offices, stations and posts in the subdivision at least once a year and see that all recent orders. whether contained in circulars or passed inspection notes or otherwise, have received attention. Such inspections do not take the place of those of the

Superintendent, and he should be present when the Superintendent is inspecting to assist and to learn how inspections should be made. He shall in addition visit police-stations whenever necessary for general supervision of police work.

  • At Chaukidari parades which he should attend as often as possible he should distribute rewards, enquire whether the Chaukidars are regularly paid, and see that they are suitably rewarded for good work and that the station officers are making proper use of them. He should endorse his opinion on all reports regarding rewards and punishment of Chaukidars, all of which should pass through him.
  • When a Subdivisional Police Officer is at his headquarters, he shall attend the Magistrate’s court during the trial of important cases; visit the sub-treasury guard and town police beats at least twice a week at night to see that the police are at their posts and are alert; and once a month examine arms and ammunition and hold kit inspections.
  • When at his headquarters he should examine the case diaries and the final report forms but shall be careful not to delay the submission ot

the latter to the Magistrate.

  • He shall see any mufassil diaries that the Circle Inspector forwards to him as being of special interest and all case diaries of special and misconduct report cases, which he shall scrutinise carefully. He is at liverty, and is expected at his discretion to call for diaries in any other cases.
  • He is not given any clerical staff but an intelligent Assistant Sub-Inspector should be deputed to assist him in his clerical duties. He shall not correspond officially with the Superintendent but shall forward official papers in original, keeping a carbon copy of any important paper in a letter book.
  • A Subdivisional Police Officer need not keep a separate index of crime, but he shall periodically inspect the indices maintained in the offices of his Inspectors to ascertain which officers delay in taking up investigations and in submitting diaries and to see that Inspectors take suitable action against such delays.
  • He shall keep a tour diary, which shall be submitted to the Superintendent, and a note book, and at the close of each fortnight he shall write to the Superintendent a letter reviewing the situation in his subdivision, and giving all facts and information of interest about what is going on, with his own comments and opinions thereon. The letter should be full and clear but concise, and should not be in a crytallised or official form.
  • He shall bring to the Potice of the Superintendent important cases in which the retention of the Public Prosecutor or Government

Pleader appears to be desirable.

  1. (a) The Inspector-General shall inspect every district once in two years;
  • A Deputy Inspector-General shall inspect every district in his Range once a year and every subdivision once in two years.
  • The Deputy Inspector-General, Criminal Investigation Department, shall inspect crime work in districts as ordered from time to time by the Inspector-General with reference to the incidence of organised crime.
  • Deputy Inspector-General in-charge of the Intelligence Branch, Criminal Investigation Department, or his Special Superintendent, shall inspect the working of the arrangements for the collection of intelligence in every district once in two years.
  • The Superintendent, or, subject to regulation 41 (c) (iii), an Additional Superintendent, shall make a thorough inspection at least once a year of every office, police-station or subsidiary post in the district.
  • Whenever the Superintendent thinks it necessary for the better supervision of the work or in view of the incidence of crime, he should pay additional visits to police-stations or have them inspected under regulation 45 by an Assistant or a Deputy Superintendent.
  • The Superintendent shall also make once a year, for each subdivisional headquarters and for each circle, a general inspection of the progress of work in each circle, and shall examine particularly how far the Subdivisional Police Officer or Circle Inspector has supervised investigations locally, what local knowledge he has acquired and what steps he has taken for the prevention and detection of crime.
  • The Superintendent shall visit all Railway police-stations within his district once a year. He shall have access to all registers and files but any notes recorded by him ii1 the inspection register shall ordinarily be confined to crime and ‘criminals, co-operation between Railway and District Police and any particular cases in which the District Police are directly interested.
  • Annual inspections should be made by Subdivisional Police Officers as provided by regulation 46 (d).
  • A Cricle Inspector shall thoroughly inspect every police-station and subsidiary post, including guards, within his circle once a year if he is working under a Subdivisional Police Officer and once in each half year if he is not.
  • Similarly, a Court Inspector or a Circle Inspector under regulation 189 U) shall inspect his Court office once every year.
  • Inspections by the Armed Inspector are governed by regulations 896 and 898.
  • In addition to the inspections prescribed above, other inspections may usefully be made on particular points and to see whether orders have been carried out.
  1. The inspection by Superintendents, Subdivisional Police Officers and Inspectors should he so arranged that they do not follow each other

at unduly short intervals.

  1. A thorough inspection of a police-station can never be made in a few hours and seldom in a day. In the cold weather a stay of three or four days should be made within the limits of each police-station; during the hot weather and rains the inspection of a police-station near which there is no proper accommodation may be spread over several visits. In dry districts Superintendents should try to finish their inspections before the cold weather so as to, be free then to examine in the interior the matters enumerated in regulation 51 (a).
  2. Statistics are of great value to inspecting officers, and specially to Superintendents, indicating as they do the officers whose work needs special scrutiny, and the areas and kinds of crime on which they should concentrate their energies. But to go further than this and to use them as the chief means of appraising work is deceptive, and teaches subordinate officers to believe that credit can only be gained by the maintenance of a high ratio of convictions to cases and a low return of crime. In the inspections of small areas, such, as police-stations specnilly, the award of praise or blame on the basis of percentages and comparisons of figures is dangerous, and may be unfair. An officer’s merits can be gauged effectively only by a careful scrutiny and testing of work actually done.
  3. (a) The chief object of an inspection is to see that the police are working properly for the control and prevention of crime; and inspecting officers should therefore pay particular attention to the following
  • the conduct of investigations;
  • the collection of information about criminals;
  • the local progress of crime;
  • the application of preventive measures;
  • the employment of the village police; and
  • co-operation with panchayats, union boards and the public.
  • Registers, records, clothing, equipment, furniture and buildings should be examined in order to see that they are in good order, that rules, are observed, that economy is practised and money well spent, that correspondence and orders receive prompt attention, that registers and papers are duly classified and that old papers are not allowed to accumulate.
  • All inspecting officers must realise that they are responsible not only for issuing necessary orders but for seeing that they are carried out; they shall invariably ascertain and state whether the remarks made at the preceding inspection have received due attention. If they have been neglected, the officers at fault should be brought to account.
  • Inspections should be helpful. The object of an inspection is not merely to look for faults and defects, but to obtain a clear idea of the position as regards crime and criminals and to give the officer inspected the benefit of the wider view and greater experience of the inspecting officer.
  • An officer can dispose of many matters more effectively on the spot during an inspection than at headquarters by written orders. The Superintendent shall keep a file of such matters for each police-station and deal with them when he inspects the station.
  • An inspecting officer should see that the inspections of officers subordinate to him have been regular and to the point, and should mention this in his inspection note. The Deputy inspector- General of a Range in particular shall record a note regarding the inspections made by the Superintendent and shall comment on any irregularity or defect in this respect when he forwards the annual report of the district.
  • The Deputy Inspector-General of a Range shall report in his inspection note upon the drill, discipline and training of the Special Armed Force and of those officers of the Unarmed Police who an~ Irom time to time brought into headquarters. He shall test the proficiency of the Superintendent and of Assistant and Deputy Superintendents in drill and in the work of the Reserve oflice. He shall not merely hold one general inspection parade but pay special attention to the individual work and training of all the officers in the Special Armed Force.
  • In making his inspections, the Superintendent shall be careful to observe the extent of the supervision and control exercised by the Circle Inspector and the nature of his inspections. The inspector has a small area under his charge, and possesses every advantage in knowledge of the language, the people, and the details of his work. Serious defects in the state of discipline or in the character of the work done imply a failure of duty on his part, unless he can show that he has already done his best to correct what is wrong. This responsibility shall always be brought home to him.
  • As the area under a Circle Inspector is smaller than that under a Superintendent or an Assistant or Deputy Superintendent and his duties keep him less at headquarters, his inspections shall be more deiailed and thorough than theirs. It is his duty at an inspection not to criticise but to help, to instruct and to act: he should therefore when inspecting a police-station—
  • first, acquaint himself with the local circumstances by examining the available records; and
  • next, help the officer in-charge in dealing with the problems disclosed by the examination. In doing so he shall be careful himself to avoid the mistake of thinking tl~at all crime against property is committed by local criminals only, and he shall be on the look out for foreigners also. The register of unidentified persons and other records will enable him to ascertain what foreigners have been convicted or suspected of crimes within his charge.
  • Inspectors and officers of higher rank should frequently examine the staff of police posts including court offices as to their knowledge of regulations 237, 327, 328 and 329. Prisoners who may be in the hajat when a police post or court office is visited should, if time permits, be given the opportunity of making representations regarding their treatment if they wish to do so.

When inspecting police posts and court offices, officers by an inspection of the records and otherwise should ascertain as far as possible whether the rules mentioned above have been followed and should note the result in their inspection notes. They should, in particular, when occasion offers, make enquiries to ascertain whether prisoners while in hajat have been properly treated.

  1. (a) Inspection notes should be brief and to the point, without elaborate reviews of crime, long complimentary or condemnatory remarks or lengthy dissertations of any kind. They should be mainly a record, for the future guidance of subordinates, of errors and omissions detected and of orders issued.
  • Defects should be noted one by one, under serial numbers, and brief remarks made about each.
  • The inspecting officer must not merely record in writing the defects which he has noticed: he must also explain them carefully to the officers whose work is being inspected, and make them understand how an improvement can be secured.
  • At the end of his inspection notes, the inspecting officer shall record the fact that he has taken action under clause (c) and shall summarise, for the benefit of the officer who next inspects, the remarks winch he has made under clause (b%

NOTE. —(i) Insauctions for the guidance of Deputy Inspector-Generals inspecting distncts are contained in the Inspection Manual.

  • Detailed instructions for the inspection of the various offices, stations and posts in a district are contained in the appropriate chapters of the Regulations.
  • SUPERVISION OF CASES
  1. The expression “important case” includes any case relating to Cases alleged offence-
  • which is a special report case (Vide Appendix XV);

which is likely to lead to a breach of the peace or to other offences, e.g., a riot not in itself important,       may                        be                  likely          to                     provoke     reprisals;

  • in which persons of importance are involved;
  • which is of an unusual or striking nature either in itself or because of its modus operandi; or
  • in which a police officer is involved;

and any case of a class which has been declared in writing by a superior officer to be important.

  1. (a) An officer supervising the investigation of a criminal’ case should satisfy himself that—
  • the investigation is being pushed through without delay;
  • the investigation is thorough, i.e., that clues are not overlooked or important lines of enquiry neglected;
  • investigating officers do not work mainly for confessions or rely too much on any that are made, and that they use no sort of pressure and offer no sort of inducement to obtain confessions;
  • the subordinate police are working honestly;
  • the public are properly treated; and
  • the prescribed procedure is followed.
  • He shall on no account put pressure on investigating officers by injunctions to detect particular case or cases generally.
  • The methods to be adopted by supervising officers are—
  • visits to the place of occurrence at various stages of the investigation and personal examination, if necessary, of witnesses;
  • careful scrutiny of case diaries and other papers connected with the investigation; and
  • examination of crime registers and other records at the police stations.
  • When a supervising officer discovers mistakes or omissions on the part of an investigating officer, he should point them out to him and should not call for a written explanation unless it appears likely to be necessary to inflict punishment.
  • A Superintendent, an Assistant or a Deputy Superintendent, and (for his own circle only) a Circle Inspector have power to order an officer attached to any police-station to investigate a case that, under section 156 of the Code of Criminal Procedure, should be investigated by the officer in-charge of another police-station; but the power should be exercised sparingly and its exercise by an officer subordinate to a Superintendent should at once be reported to the Superintendent.
  1. (a) A Superintendent shall supervise the investigation of important special report cases and of all cases in which the conduct of subordinate police officers appears unsatisfactory. If, for special reasons, he is unable himself to supervise the investigation of any such case, he may depute an Assistant or Deputy Superintendent to do so.
  • A Superintendent, Assistant or Deputy Superintendent who is supervising a case need not visit the place of occurrence unless such

visit is likely to be of practical value.

  • A Circle Inspector shall supervise every case within his circle; and he shall visit the place of occurrence and test the evidence in every such Case that is of importance. In selecting cases for testing on the spot he should direct his attention particularly to cases of house-breaking, riot and grievous hurt and to other cases which have been reported as false or non-cognizable.
  1. (a) Officers who have supervised investigations of important cases should be encouraged to give evidence in court regarding any important facts which have come to their notice during the investigations.
  • An officer supervising an investigation shall keep a personal diary in the form prescribed for Inspectors in regulation 197 and shall note in the manner in which he supervised the investigation, any questions which he has put to a witness, any identification which took place in his presence and any other matters on which he may need to refresh his memory before giving evidence.
  • An officer who while supervising a case ha~ himself taken part in an investigation shall, under section 172 of the Code of Criminal Procedure, keep a case diary showing where and at what times he made the investigation and stating any new or material fact which has come to his notice.
  • The diaries mentioned in this regulation shall be kept in the officer’s personal custody.
  • TOURING
  1. An officer is considered to be absent on tour on any day on which he proceeds on duty more than five miles from his headquarters.
  2. (a) A Superintendent shall spend at least 120 days on tour during the year.

(b) A Circle Inspector, being essentially a touring officer, shall ordinarily spend at least 180 days in the year on tour in his circle. In a district where there is no Assistant or Deputy Superintendent at headquarters, the Superintendent may, at his discretion, reduce this minimum for the Inspector in-charge of the headquarters circle.

  1. (a) Where a horse or pony can be used, each Circle Inspector and each Sub-Inspector who is posted at a police-station shall keep a serviceable horse or pony for the purpose of touring, but, where there are good roads communicating with all parts of the subdivision or police-station, he may keep a bicycle instead.

(See regulation 210.)

  • A police officer may travel by bullock-cart only during the rains, and at such tines and in such places as render joumeys by horse, bicycle or boat impossible.
  1. (a) A police officer of or above the rank of Inspector shall invariably record in the inspection register any visit to or call at a police-station and give a brief description of the particular work which he has done or is doing in its jurisdiction: he shall also enter in the Village Crime. Note Book or other appropriate register any information of interest that has come to his knowledge and has not before been recorded.
  • Flying visits and superficial inspections made by a Superintendent, Assistant or Deputy Superintendent or Inspector shall not be regarded as the annual or half-yearly inspections prescribed by regulation 47. At the time of regular inspection, the inspecting officer shall not confine himself to an examination of registers and books. In order not to be dependent solely on the reports of his subordinates, he should visit places of importance within their jurisdiction and should endeavour to secure the good-will of the leading men in the villages, such as, headmen, panchayats or union board members and their cooperation in the prevention and detection of crime.
  • During such visits he should make enquiries from respectable persons regarding—
  • the work of the rural police;
  • the local repute of persons under surveillance;
  • persons likely to resort to crime for any reasons;
  • local party factions;
  • the incidence of crime and any concealment of cases;
  • the probable resorts of absconders; and
  • any other matters bearing on the criminal administration.
  1. (a) A Superintendent, Assistant or Deputy Superintendent or Circle Inspector shall during his tours attend and supervise as many chaukidari parades as possible, he shall ascertain if the rural police are properly instructed as to their powers and duties and if the officer in-charge has their confidence and is successful in obtaining from them timely information regarding crime, the likelihood of riots and the movements of bad characters; and he shall see that the rural police—
  • are properly questioned , and are given full information about bad characters, stolen property, “hue and cry notices”, absconders and other necessary matters, and that they understand the information;
  • have been recommended suitable rewards or punishments for any good work or any failure to perform their duties; and
  • are properly equipped and regularly paid; or that, if not the necessary action has been taken.

(b) He shall take every suitable opportunity of presenting, with as much publicity as possible, rewards to chaukidars who have done good work or given valuable information.

  1. (a) Every Superintendent, Assistant or Depty Superintendent shall keep a tour diary in which he shall show, (i) when absent from headquarters on inspection or other duty, the manner in which his time has been employed and the matters of interest to the police that have come to his notice, and (ii) when at headquarters. all night rounds (with the time) supervisions of investigations and inspections of offices there.
  • The diary shall be written, in half-margin on foolscap paper, from day to day (or at short intervals) and not at the end of the tour. Brief notes showing what the officer did or observed shall be recorded for each day of the tour.
  • Tour diaries of Assistant and Deputy Superintendents shall be forwarded to the Superintendent in the first week of the month following that to which they relate. The Superintendent shall take action on all matters that require attention, and shall forward extracts of any subjects of special interest or importance to the Deputy Inspector-General.
  • The tour diary of the Superintendent shall be sent in duplicate through the District Magistrate to the Deputy Inspector-General of the Range, who will return the original with his remarks to be filed in the Superintendent’s office. The duplicate copy, which should contain a copy of the Deputy Inspector-General’s remarks, if any, shall be retained in his office for periodical inspection and check.
  1. (a) Before leaving headquarters, the Superintendent shall during invariably record a written order appointing an Additional, Assistant or Deputy Superintendent or an Inspector to be officer in-charge and to perform the current duties of his office dutin~ his absence. Should the officer so appointed also leave headquarters before the Superintendent’s return, he shall record a similar written order.

(b) If an Inspector is thus appointed under clause (a), he may perform such of the duties of a Superintendent under the Police Act, 1861, or under any rule made or approved there under by the Provincial Government, as the Superintendent may make over to him.

  1. (a) A touring officer shall invariably leave in his headquarters office auriculars of the places at which he may be found from day to day while on tour. If necessary these particulars may be left in a sealed cover, to be opened only in an emergency.

(b) A Circle Inspector, before leaving headquarters for more than two days, shall, whenever practicable, issue to all officers in-charge of police-stations in his circle a programme of his proposed tour, noting all the post offices to which covers should be addressed, so that the officers may send papers to him direct.

  1. (a) Superintendents and Assistant Superintendents should Superintend dents in themselves take an active and personal interest in the prosecution of cases of all kinds.

(b) it will often be useful for the Superintendent to be present at the trial of important police cases before a Magistrate or in a Sessions Court; and no such case should go to the Sessions for trial which he has not personally mastered and carefully discussed with the Public Prosecutor and the investigating officer.

  1. Although any police oft~cer conducting a prosecution with the permission of a Magistrate is authorised by section 495 (2) of the Code of Criminal Procedure to withdraw from the prosection he should not do so without the orders of the Superintendent.

66A. As a general rule a Public Prosecutor appointed for the conduct o.f a police case shall refer to the District Magistrate before exercising the power conferred upon him by section 494 of the Code of Criminal Procedure to withdraw from the prosecution; and the District Magistrate shall consult the Suoerintendent before agreeing to the withdrawal of any case committed to the Sessions.

  1. (a) If the Superintendent is of opinion that in any case a Magistrate has awarded a strikingly inadequate punishment or has improperly discharged an accused person, he shall direct the Court and Inspector to prefer a motion before the District Magistrate or, if the Magistrate was a first class Magistrate, shall request the District Magistrate to instruct the Public Prosecutor to move the Sessions Judge for a direction for a further enquiry or for commitment of such person to the Sessions Court or for a reference to the High Court for enhancement of sentence, as the case may be.
  • If the Superintendent, after taking the. advice of the Public Prosecutor, considers that it would be desirable to apply for the enhancement of any sentence or that an appeal against an acquittal, is necessary in the interests of justice and would be successful, he shall send to the District Magistrate a full note on the case to emtble him to decide whether he shall address the Provincial Government or not.
  • Action under clause (a) and (b) should be taken promptly. The report mentioned in clause (b) must reach the District Magistrate within fourteen days of the order or sentence in respect of which action is desired, and the Superintendent should therefore arrange for the inimediate communication of such order or sentence to him.
  • A further enquiry cannot be ordered in the case of a person who has been discharged after proceedings have been taken against him under section 110 of the Code of Criminal Procedure.

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