- A Court officer shall not be allotted more cases than he can adequately conduct. The Superintendent shall arrange with the District Magistrate that the services of a Court officer be not requisitioned for requisitioned for more than one court at one time.
- Sub-Inspectors holding certificate as finger print experts shall whenever possible. he employed in the sadar Court office of the district to which they belong.
- Assistant Sub-Inspectors shall take over all registers except those relating to P. R. and malkhana work, but if permitted by Superintendents, there will be no objection to their dealing with P. R. work. The daily under-trial case report shall, however, be scrutinized and signed by the senior Court officer.
- A constable shall be deputed to each court where police cases are being tried, if available.
- The Court Inspector or other officer well acquainted with the facts of a Sessions case shall, if required, assist the Public Prosecutor.
- Court officers shall arrange for the attendance of a police officer at the Sessions Court on receipt of information that the services of an officer arc required for the purpose of escorting to the Magistrate any accused person who has surrendered to his ball in the appellate court and whose sentence has been confirmed or modified.
- (a) Sub divisional Court officers shall collect and have ready for the escort the articles received from police-stations, prisoners, treasurer, etc., awaiting despatch to headquarters. They shall see that carriage is provided by the officers sending treasure and other bulky articles and for prisoners who may not be able to march regulation 710.)
(b) Court officers shall pay particular attention to regulations regarding escort of prisoners and treasure contained in chapter XI. When they find that the number of prisoner or the amount of treasure, etc., to be escorted is more than what the number of men sent from the headquarters is authorized to take charge of, they shall at once bring the fact to the notice of the Sub divisional Police Officer, or of the Circle Inspector in subdivisions where no Sub divisional Police Officer is posted, who shall supplement the guard sent from the headquarters with the necessary number of men from police-stations, and the responsibility that the guard is strong enough for the duty required of it shall rest with him. In the absence of the Sub divisional Police Officer, the Circle Inspector, and in the latter’s absence, the Court officer shall perform this duty.
- The rules regarding making and taking over charge of office shall be carefully observed by Court officers. They shall be careful to furnish the officer relieved with a receipt for all Crown property in the Magistrate’s ;nalkhana. Full details respecting each item should be given. Deficiencies shall be made good by the relieving officer if they are discovered after he has taken over charge. (See regulation 839.)
11.—Institution, preparation and prosecution of cases.
- The orders regarding the institution of cases are contained in regulation 213.
The Court officer shall report whenever a police officer institutes a non-cognizable case without authority.
- The following procedure shall be followed when prosecutions are instituted by public officers:—
Where the charge is of a cognizable offence, the prosecution shall ordinarily be conducted by the police. Were the charge is of an offence, which is non-cognizable, or though cognizable, calls for special arrangements, the officer who prefers the complaint should refer for instructions to the Magistrate of the district, who may, if he thinks fit, either instruct the officer himself to prosecute, or if the case is of a complicated and difficult nature, rendering in his opinion the employment of the Public Prosecutor or some legal practitioner necessary for proper prosecution, direct the Public Prosecutor or some other person to prosecute and report the matter for sanction of the Legal Remembrance. If there is sufficient time, the Legal Remembrance’s permission shall be taken before the Public Prosecutor or any other pleader is employed to conduct cases in Magistrate’s courts in the headquarters of the district. In subdivisions a member of the local bar of sufficient experience and ability may be employed in consultation with the Sub divisional Magistrate, to represent the Crown, subject to the sanction of the Legal Remembrance. The District Magistrate is responsible to the Provincial Government that Crown prosecutions do not fail because the Provincial Government is not adequately represented. He shall, therefore, make the best arrangements for the proper conduct of cases. The sanction of the Legal Remembrance is necessary only to check the tendency of district authorities to engage pleaders in unimportant cases.
- All prosecutions under the European Vagrancy Act, 1874 (IX of 1874), shall be instituted and conducted by a Superintendent or Assistant Superintendent.
429 (a) On receipt of an excise or opium case sent up by the police, the Court officer shall at
once inform the Excise Superintendent, so that he may, if he chooses, watch the proceedings. The prosecution shall proceed as in other police cases,
(b) The prosecution of cases sent up by excise officers shall only be undertaken if the District Magistrate or Sub divisional Magistrate or in their absence the Superintendent of Excise so requires it.
- The prosecution of gang cases both in a Magistrate’s court and the Sessions Court will be placed in the hands of the Public Prosecutor.
- The Court officer on receipt of an accused person arrested under section 55 of the Code of Criminal Procedure, with a view to proceedings under section 109, shall, if the immediate drawing up of proceedings is contemplated, produce the prisoner before the Magistrate with the requisite witnesses and the Magistrate should be moved to draw up proceedings at once and to take the necessary evidence. If for any exceptional reason further enquiry is considered desirable before drawing up proceedings either for the purpose of verifying the prisoner’s antecedents, collecting further evidence or otherwise, the Magistrate should be moved to grant a remand under section 167 of the Code of Criminal Procedure. In such a case, it will ordinarily be sufficient to submit copies of the entries in the diary relating to the case as required by section 167 (1) and witnesses need not be sent unless the Magistrate particularly wishes to examine them. In the event of the Magistrate authorising detention in the custody of the police, he must record his reasons for doing so. It is’ to be observed that the prisoner can only be retained in custody in default of bail for a total period of 15 days under section 167 of the Code ‘of Criminal Procedure, before the actual drawing up of proceedings under section 109. If subsequent remands are necessary the Magistrate should be moved under section 344 of the Code of Criminal Procedure. In case a prisoner is remanded to jail custody without drawing up any proceedings and without any specific charge, section 109 of the Code of Criminal Procedure, should be noted in the jail warrant. It shall be the duty of the Court officer to see that there is no delay in producing the evidence required to prove identity and the character, and antecedents of the accused persons, etc., together with the evidence to prove that it is necessary for maintaining good behavior that the person should be bound down.
- (a) In the report for proceedings, no more should be stated than it is proposed to
endeavour to prove. Before the enquiry is held a note shall be prepared for the use of the Court officer of the evidence obtainable from records and to be given by each witness; and this evidence shall be’ grouped, so far as circumstances permit, according as it relates to prevalence of crime, suspicion in particular cases, movements under surveillance, association, free living without apparent means of livelihood, general repute, or any other facts it is proposed to prove.
- In the case of bad livelihood proceedings against gangs, it is essential that the evidence should not only be generally arranged in the manner described above, but it should also be clearly stated and briefed as against each individual accused.
- When the enquiry is held the court should ‘be informed of the different points it is proposed to establish against the person who has shown cause. The first witness called should be the investigating officer, who should produce evidence in justification of the institution of the proceedings. The police-station records should be produced, and the evidence available from them described, followed by any facts ascertained in the course of enquiry to which the investigating officer can depose. Other witnesses should then be examined, preferably in groups corresponding to the sequence of the events. (See regulation 290.)
- (a) In proceedings under sections 109 and LLO of the Code of Criminal Procedure, the
Court officer shall put in a written application to the court, as soon as the order to give security is passed, not to accept the sureties offered without first affording him an opportunity of objecting, if necessary, to any of such sureties, and of producing evidence, if required, in support of the objection.
(b) The fitness or unfitness of a surety is a matter for the Magistrate’s discretion, and such discretion is not limited to any particular kind of unfitness.
- (a) The Court officer shall report to the Superintendent whenever a complaint, cognizable
or non-cognizable, is made against a police officer, or when any police officer or clerk is concerned in any suit or miscellaneous proceedings and such reports shall be for warded to the Magistrate and dealt with under the rules concerning misconduct of officers.
- All such complaints shall be handed over by Magistrate’s bench clerks to Court officers, who shall return them immediately after reporting the matter to the Superintendent.
- No prosecution against a police officer under section 29 of the Police Act, 1861 shall be instituted except under the authority of the Superintendent or the District Magistrate. The complaint shall be made by the Court officer by petition in writing, and shall be endorsed by the Superintendent or the District Magistrate.
- Ordinarily, a police officer suspected of any form of monetary fraud against Government shall be prosecuted if there is a reasonable chance of the prosecution succeeding. The opinion of the local Public Prosecutor as to the likelihood of a successful prosecution shall be obtained in writing as early as practicable and whenever it is decided not to prosecute, the reasons for that decision shall be recorded in writing.
- (a) On receipt of a complaint of a false case a Court officer shall move the Magistrate to
give the complainant of the original case an opportunity of proving the truth of his case. Should he choose to show cause against his prosecution, a judicial enquiry will follow; if he does not, the Magistrate may issue a process at once under section 204 of the Code of Criminal Procedure. Where the Magistrate has decided to issue process either under section 182 or under section 211 of the Indian Penal Code, the original case shall be entered at once in the general register as “false” and the Court officer shall put up the general register to the Magistrate for orders. If on the trial of the complainant his case is found to be true, the Court officer shall put up the general register to the Magistrate for correction. In cases instituted before a Magistrate and referred to the police for investigation the complainant’s prosecution, either under section 182 or 211 of the Indian Penal Code, shall be based on a complaint in writing by the Magistrate concerned under the provisions of section 193(i) (a) or section 476 of the Code of Criminal Procedure, as the case may be. In cases reported direct to the police if it is decided to prosecute the complainant under section 211 of the Indian Penal Code, after he has filed a “naraji’’ petition to a Magistrate, the Court officer shall move the Magistrate concerned to make a complaint under section 476 of the Code of Criminal Procedure before a process 15 issued against him. (See regulation 279.) b) The result of the application for sanction to prosecute and of the trial, if prosecution be sanctioned, shall be communicated by the Court officer to the officer in charge of the police- station.
- Whenever any question containing base insinuations or false allegations is put by a defence pleader to a police officer in the witness box, the latter shall at once appeal to the court for the source of the insinuation or allegation to be disclosed, so that he may be in a position to run a defamation case against the person making it.
Public Prosecutors and Court officers should also file petitions to this effect and have them placed on the record of the case in order that an appellate court may be made aware that the insinuation or allegation has been challenged.
- For instructions regarding prosecution of railway cases, see regulations 590 and 600.
- The rules in Appendix XXVII shall be observed in respect of accused persons subject to the jurisdiction of both criminal courts and courts-martial.
- First information reports, charge-sheets, etc., shall be laid before the Sub divisional Magistrate or in his absence before the Magistrate in charge of criminal work as soon as they are received,
- The first information reports of all cases mentioned in Appendix XV and of all cases exclusively triable in the Courts of Sessions (and, if he wishes it, of all other cases too), shall be shown to the District Magistrate, and case diaries, or such portions of them as are of interest or importance, shall also be sent to him.
- In charge-sheet cases the first information report shall remain with the Court officer until the case conies before a Magistrate for enquiry or trial, when it shall be made over to the bench clerk of the dying Magistrate. In non-charge-sheet cases first information reports shall be attached to the final reports and shall be sent monthly to the Magistrate’s bench clerk for dispatch to the Record office.
- (a) Every page of the case diaries and any connected papers received with them shall be stamped with the date immediately on receipt in the Court office.
(b) Care shall be taken that case diaries called for by the court under section 172 of the Code of Criminal Procedure, but not put in as evidence, are not attached to the record, and that they are returned by the court when no longer required. Mutatis mutandis, the same instructions shall apply to any reports of a confidential nature, not admitted in evidence, the publication of which is obviously undesirable.
- In cases decided in a Magistrate’s court the diaries and enclosures shall, as soon as the case is decided, be returned by the Court officer to the officer in charge of the police-station concerned. In cases committed to the Court of Sessions, the Court officer shall ascertain the name of the Public Prosecutor who will represent the Crown and shall make over to him in person the diaries and enclosures and shall obtain a receipt. On return from the Public Prosecutor, the Court officer shall send the diaries and enclosures back to the officer in charge of the police-station concerned. (See regulation 264.)
- (a) On receipt of a charge-sheet, the Court officer shall prepare the brief of the case in B. P. Form No. 41 after studying the memorandum of evidence, the first information report and the case diaries. He shall submit a copy of the brief of the case to the Superintendent of Police.
If the Court Officer finds any defects or omissions in the investigation, he shall at once issue a memorandum to the investigating officer requesting him to remedy the defects and supply any additional information or evidence required. He shall at the same time send a copy of this memorandum to the Circle Inspector.
If the Court Officer finds any difficulty in prosecuting the case on the evidence contained in the diaries, he shall apply to the Superintendent through the Circle Inspector for instruction.
(b) On conclusion of the trial of the case the Court Officer will send the brief of the case together with any correspondence he has had with the investigating officer attached to the final memorandum of the case to the Superintendent through the Circle Inspector.
- (a) On the final disposal of all cases except those in which reports in B. P. Forms Nos. 35 and 36 in duplicate are submitted (vide regulations 254 and 287) the Court officer shall prepare a final memorandum in B. P. Form No. 88. In cases in connection with all political agitation and under sections 109 and 110 of the Code of Criminal Procedure, and under the Criminal Tribes Act, 1924, in which no first information is recorded, in which the Superintendent’s orders regarding the classification of prisoners are necessary, and in all charge-sheet cases he shall submit the final memoranda in duplicate through the Circle Inspector to the Sub divisional Police Officer who will forward them to the Superintendent with such recommendations as he may like to make. In other cases he shall send one copy of the final memorandum direct to the police- station, and one to the Superintendent through the Circle Inspector and the Sub divisional Police Officer.
- In forwarding the final memorandum to the Sub divisional Police Officer, the Circle Inspector shall record his recommendations, if any, regarding surveillance and any remarks he may consider necessary on the conduct of the police, the failure of the case in court, the inadequacy of the sentence, etc. In subdivisions where there is no Subdivisional Police Officer, the Circle Inspector shall submit the memorandum direct to the Superintendent.
- On receipt of the final memorandum the Superintendent shall record orders whether the convict is to be placed under surveillance,
whether he is to be made P.R., P.R.T. or and whether a history sheet is to be opened for
him. On the back of the final memoranda of cases which have ended in acquittal or discharge the Superintendent shall point out if necessary to the investigating or Court officer the reasons for the failure of the case, and shall take such other action as he may consider necessary. The final memorandum shall not be filed by the Superintendent until final orders regarding all absconders have been passed.
- A memorandum in the same form shall be sent by the Court officer when any one is convicted in a case lodged on complaint before a Magistrate of any offence mentioned in the schedule of offences referred to in the regulations dealing with the Village Crime Note-Book.
- In cases referred to in the second sentence of clause (a) above one copy of the final memorandum with the Superintendent’s orders thereon shall be sent from his office direct to the police-station, where it shall be filed with the first information report, case diaries and other papers of the case after the necessary entries have been made in the registers concerned, the other copy being forwarded to the Circle Inspector through the Subdivisional Police Officer for return to the Superintendent’s office by the Inspector after his orders have been noted m their indices of crime.
- In cases which have ended in conviction the Court officer shall note on the back of the police-station copy of the final memorandum the description of the convicts whose names should find entry in Part II of the Village Crime Note-book.
- Final memoranda of cases in which the real names anl residences of the accused charged with offences under Chapters XII and XVII of the Indian Penal Code, are not known, shall be written in red ink.
- In cases that break down in trial, the reasons for failure shall be briefly noted on the back of both copies of the final memorandum.
- Final memoranda shall be sent to the Superintendent, Railway Police, in cases sent up for trial by the Railway Police.
- In all cases of railway accidents, Court officers shall furnish the Superintendent of Railway Police with copies of the final orders of the Magistrate in B. P. Form No. 88.
- A copy of the final memorandum shall be sent to the Superintendent of Excise when a case under the Excise or Opium Act sent up by the police ends in conviction. At the same time the name of the jail to which the prisoner has been sent shall also be mentioned.
- (a) The law relating to the production of unpublished official records as evidence in course is contained in sections 123, 124 and 162 of the Indian Evidence Act, 1872.
(b) For the purposes of section 123, the expression “officer at the head of the department”. may be held to mean the head of the office in whose custody the document required by the court is, and vis-a-vis, the court which demands its production, that officer should be treated as the authority to withhold or give the necessary permission.
- When an officer receives a summons to produce before a court any document which he considers to be an unpublished official record relating to an affair of State or to give evidence derived from such document he should immediately inform the head of his office forward lug the summons with any statement by the court of the circumstance which render the production of the document necessary, specifying the case in which the production is required.
- In respect of documents emanating (1) from a higher authority viz., His Majesty’s Government, the Secretary of State for India the Central Government, or the Provincial Government, or which have formed the subject of correspondence with such higher authority, o. (2) from other Governments, whether foreign or dominion, the head of the department should obtain the consent of the Provincial Government through the usual official channels before agreeing to produce the documents in court, or allowing evidence based on them, unless the papers are intended for publication, or are of a purely formal or routine nature, when a reference to higher authority may be dispensed with.
- In the case of papers other than those specified in clause (d above, the head of the department should not allow production of the correspondence if it relates to matters which are generally regarded a~ confidential, or disclosure of which would in his opinion be detriment to public interests, or to matters which are in dispute in some other connection, or have given rise to a controversy between Government and some other party.
The Village Crime Note-Book has in these regulations which an issued under the authority of the Provincial Government been specifically declared to be an unpublished official record and whenever a summon is issued to produce this or any portion thereof or to give evidence derived therefrom it should ordinarily be sufficient for the officer s~ summoned to bring to the notice of the court the wording of regulation 391(a).
- In a case of doubt the head of the department should invariably refer to higher authority for orders.
- These instructions apply as well to cases in which Government is a party to the suit. In such cases much will depend on the legal advice as to the value of the documents, but before they are producer in court the considerations stated above must be borne in mind, ant reference to higher authority made, when necessary.
- The servant of the Crown who is to attend a court as a witness with officio! documents should, where permission under section 123 has been withheld, be given an order duly signed by the head of the department in the form below. He should produce it when he is called to upon to give his evidence, and should explain that he is not at liberty documents before the court, or to give any evidence derived from them. He should, howard, take with him the papers which he has been summoned to produce.
- The head of -the department should abstain from entering into correspondence with the presiding officer of the court concerned in regard to the grounds on which the documents have been called for. He should obey the court’s orders and should appear personally, or arrange for the appearance of another officer in the court concerned, with the documents, and act as indicated in clause (h) above, and produce the necessary certificate if he claims privilege.
Summons from the court of the for the production at of the office files relating to the
- I direct to appear with the files mentioned in the summons and to claim privilege for them under section 123 of the Indian Evidence Act. 1872.
- I withhold permission to give any evidence derived from the fi1es for which privilege is claimed under this order.
It should be represented to the court that these files contain unpublished official records relating to affairs of State for the purpose of section 123 and that in view of the provisions of section 162 of the Indian Evidence Act, 1872. the files are not open to the inspection of the court,
Head of Department.
- When a competent court, on a petition of an accused, directs under the proviso to section 162(1) of the Code of Criminal Procedure that the accused be furnished with a copy of statement or such portion thereof as is relevant to the fact of the case, which has been made by any prosecution witness to the investigating officer and reduced into working in course of his investigation of the case it shall send the petition to the Court Officer concerned who shall forward the statements of witnesses, or such portion thereof as the court may direct, along with the petition to the Copying Department of the Magistracy through the court concerned for the purpose of issuing a copy.
- As soon as the police papers of a case are laid on the trying Magistrate’s table the Court officer’s responsibility with regard to them ceases. Before the papers are put in, the Court officer should take care to make copies, whenever necessary, of such papers as are likely to be filed with the judicial proceedings. He has no concern with the custody of the judicial records of cases or with the Record office. He shall not retain in his possession the records of a case under trial unless otherwise ordered in writing by the trying Magistrate. If he subsequently requires a copy of any portion of the records he should make an application to the trying Magistrate for permission to take the copy in the presence of a responsible official of the court.
- Section 106 of the Code of Criminal Procedure details the offences on conviction for which an order for security to keep the peace may be passed. Court officers shall see that in all cases of riot arising from a dispute about land, and in all cases in which the cause of friction is likely to recur, an application is made to the Magistrate Procedure for an order under section 106 of the Code of Criminal Procedure, binding down the persons convicted.
- The Court dicer shall ordinarily move the court for an order under section 565 of the Code of Criminal Procedure, in the case of all offenders who have been previously convicted of offences under sections under section 215, 489A, 489B. 489C or 4891) of the Indian Penal Code or under Chapters XII and XVII of that Code, punishable with imprisonment for three years or upwards.
- (a) If, on the return of the search slip from the Finger Print Bureau, it is found that previous convictions have been traced against the accused, the investigating officer shall be immediately informed and the Court officer shall take steps, where necessary, to prove the previous convictions under section 511 of the Code of Criminal Procedure.
(b) In the ease of a person who has been previously convicted more than once, it will generally suffice to prove the last conviction only, provided that the former convictions were proved in that case and are mentioned in the judgment.
- The identity of the accused should ordinarily be proved by the evidence of a police officer who is cognizant of the previous conviction, or officer who can recognize the accused as the prisoner who underwent the previous sentence of imprisonment; but if such witnesses cannot be obtained, identity may be proved under sections 45 and 73 of the Indian Evidence Act, 1872, by means of expert evidence, for which purpose the record slip must be obtained from the bureau by which the accused was traced and the services of an. ‘expert requisitioned from the provincial bureau (see regulation 654).
- [he Court officer shall report to the Superintendent all cases in which ex-reformatory school boys are concerned but which do not result in their imprisonment, e.g., cases in which a sentence of whipping is infected or where the benent of doubt is given or cases which end in acquittal or discharge. When an ex-reformatory boy is bound down under the preventive sections of the Code of Criminal Procedure the 1861.1 fact is to be similarly reported. The Superintendent shah inform the authorities of the Reformatory School of all such cases.
NOTE.— ‘Reformatory school boys” includes ‘Borstal school boys”.
- (a) The Court officer’ shall dispatch to the Court officer of any district which the house of the accused is believed to be situated, or in which he is believed to have been convicted or where his antecedents are likely to be known, a verification statement in B. P. Form No. 89. The statement shall be sent direct unless the officer from whom the information is required belongs to another province in which case the application shall be sent through the Superintendent to whom the requiring officer is subordinate.
(b) Inquiries regarding persons previously convicted in Calcutta shall be addressed to the Chief Court officer, Prcsidency Police Court, Calcutta, and those regarding persons convicted in cases disposed of at the Sealdah and Alipur Suburban Police Courts, to the Court Inspector of 24- Parganas, Alipur. Communications regarding the antecedents of residents of Indian States shall be addressed to the Resident concerned.
- On receipt of a verification roll, the Court officer shall at once consult his conviction register, report the result of his search immediately to the issuing court and forward the roll to the officer in charge of the police-station concerned for verification of the statements on the reverse. The station after verification shall return the roll direct to the issuing court without any unnecessary delay. To facilitate searches Court officers shall keep their indices to the conviction register corrected up to date.
- In case in which an accused person is sent up with several previous convictions under Chapters XII and XVIII of the Indian Penal Code, the Court officer should, if the lower court is incompetent to inflict adequate punishment, submit a written application to the Court, requesting the Magistrate to commit the case to the Sessions.
- (a) In Sessions cases, when the reasons for commitment are not fully and clearly stated, the Magistrate of the district or of the sub- division shall cause to be drawn up for the guidance of the Public Prosecutor or other officer appointed to conduct the prosecution, special memorandum containing a concise history of the case, and of the specific facts to which each witness will speak.
- This memorandum together with the case diaries, copies of the depositions and copies of the exhibits, etc., and the statement of the reasons for commitment shall be made over to the Public Prosecutor within seven days after commitment, and shall be returned at the close of the trial with such remarks as the prosecuting officer may wish to offer. The memorandum and case diaries shall be treated by the Public Prosecutor or other officer as confidential communications.
- The Superintendent shall frequently, in personal interview, satisfy himself that the Public Prosecutor receives all the aid that he needs to enable him to prosecute successfully. If the Public Prosecutor requires the presence of particular officers acquainted with the facts of the case, these officers shall be brought in. The Public Prosecutor shall be acquainted with the facts of the case in good time, so that if further evidence in his opinion is required upon any particular points, a reference may be made to the Magistrate with a view to its being obtained before the case comes on for trial.
- In all cases committed to the Sessions, whether from the sadar or outlying subdivisions the Court officer shall ascertain by personal communication with the Public Prosecutor, whether the brief furnished him by the Magistrate is complete in all details, and, if not, he shall supplement it with any information that may be required.
- (a) Whenever there is good reason to suspect that a person accused of an offence under Chapter XII or XVII of the Indian Penal Code, for which, on reconviction, an enhanced punishment may be awarded under section 75 has been previously convicted or when the name, residence and antecedents of a person so accused are unverified, an application for remand shall be made in B. P. Form No. 90 by the Court officer pending the result of the inquiry into the prisoner’s antecedents. This application will remain with the record.
- If a remand is not granted, an immediate report shall be made to the Superintendent, who, if the reasons appear insufficient, shall report the matter to the District Magistrate.
- If on a consideration of the facts and circumstances elicited from the police verification of a confession supplemented by a magisterial verification, if any, as provided for in regulation 283, it appears that the evidence of the confessing accused is necessary the Court officer, with the permission of the Superintendent, shall move an application to the Magistrate asking him to tender pardon to the accused under sub-section (1) of section 337 of the Code of Criminal Procedure, and to examine him as a Crown witness. If pardon is tendered and accepted, the procedure laid down in sub-sections (2) and (3) shall be followed.
- If the Superintendent considers it necessary to bring the trial of a case to the notice of the District Magistrate for action under section 435 of the Code of Criminal Procedure, he may do so either by a formal application presented by the Court officer or by an unofficial note.
460A. The District Magistrate shall consider the application or note and, if he thinks necessary, call for the record but shall not transmit to the Magistrate concerned any unofficial notes on the subject.
- The District Magistrate shall give immediate notice to the Superintendent of all appeals and of all applications for revision in which the High Court or Court of Sessions issues a rule or calls for an explanation, and act in concert with him in such cases.
462A. (a) When an appeal is preferred to the High Court against the orders of a Sessions Judge in a serious case the Superintendent shall on receipt of notice of the appeal from the District Magistrate, inform him of any particularly important facts connected with the case that should be brought to the notice of the Legal Remembrancer and whether the latter should be asked to enter appearance for the Crown even though the appellant is unrepresented. He shall also consider, in consultation with the Magistrate, the propriety of deputing the investigating officer or the Public Prosecutor personally to instruct the counsel representing the Crown in the High Court.
(b) Unless otherwise instructed by the Magistrate, the Public Prosecutor shall appear in all appeals before the Sessions Judge in which the appellant is represented by a pleader or counsel. The Superintendent shall bring to the notice of the Magistrate any other cases in which he considers it desirable that the Crown should be represented. Such cases include those in which police officers have been convicted of malpractices either cognizable or non-cognizable. He shall also report for the orders of the Magistrate any case in which the Public Prosecutor fails to appear though required to do so by rule or specific instructions, and when he considers that the conviction has not been supported properly. A complete brief, i.e., copies of judgment, depositions, note-sheets, etc., shall be prepared by the Magistrate when the Public Prosecutor or the Court officer is required to represent the Crown in appeals or references under section 123(2) of the Code of Criminal Procedure.
- (a) The following rule has been framed by the High Court:—
The Police officer attached to the court, or some other responsible officer of the court specially appointed to the duty, shall be required to make over to the bench clerk~ not later than 12-30 p.m., or, if early morning sittings are being held, not later than 7-30 a.m., a list (in Form No. M- 41), verified, dated and initialled by him, of the Witnesses who, up to 12 noon, or if early morning sittings are being held, up to 7 a.m., are in attendance for examination.
- With this list (in Form No. M-41) the Court officer shall attach a bill for the diet and travelling expenses of prosecution witnesses in order to ensure immediate payment.
- The duties of the head of the Police prosecuting agency is to see that the instructions in connection with the diet-money and travelling expenses of witnesses are duly observed.
- When the complainant or a witness in a case is a servant of the Crown and no expenses are paid to him by the court, the Court officer shall see that a certificate of attendance is given him by the court to enable him to draw his travelling expenses (see regulation 1228).
- Upon receipt in the Court office of the list of property found on a search made under section 103 or 165 of the Code of Criminal Procedure, the date of receipt shall at once be stamped on it.
‘The police have no power under the law to compel the attendance in court of witnesses to a search, but if any court appears to entertain doubts regarding the identity of the articles given in the list of properties, the Court officer shall request the court to summon the witnesses to the search.
- (a) Medical officers will be examined on oath, but their evidence may be recorded by any Magistrate and not necessarily by the officer trying the case (section 509 of the Code of Criminal Procedure).
(b) When the medical officer is under examination before the Magistrate, the Court officer shall ask him to produce (i) an authenticated copy of his forwarding letter to the Chemical Examiner; (ii) the post office or other receipt for the parcel despatched to the latter; and shall elicit from him any further evidence necessary to connect the Chemical Examiner’s report with the charge against the accused. Jf necessary, the medical officer’s clerk or other person who has granted the receipt shall be called to prove it, and shall be bound over to appear at the Sessions trial. Both copy and receipt shall be tendered in evidence when proved.
- The High Court have issued the following circular (Circular Order, Criminal, No. 2 of 1937) regarding the recording of confessions by Magistrates: –
Magistrates should clearly understand the great importance of giving their closest. attention to the procedure to be followed, from first to last, in the recording of confessions. This procedure should be followed, without haste, with care and deliberation, it being understood that this duty is not a dinasteful and minor appendage or addition to their normal functions but, one which is of consequence to the confessing accused his co accused and courts responsible for the administration of criminal justice. A confession which is recorded perfunctorily and hastily is a source of embarrassment to the trial court, the prosecution and the defense. The provisions of sections 24 to 28 of the Indian Evidence Act and of section 164 of the Code Criminal Procedure should be carefully studied and the following safeguards, among others, shall be adopted:—
- Confessions are to be recorded during the Court hours, and in the Magistrate’s court or other room in a building ordinarily used as a Court house, unless the Magistrate, for reasons recorded by him on the form No. (M) 84, certifies that compliance with these conditions is impracticable or that he is satisfied that the ends of justice would be liable to be defeated thereby. It must be clearly understood that the recording of a confession at a Magistrate’s private residence, or at any place other than the Magistrate’s court, shall be the exception and not the rule and that on Sundays and holidays when it is necessary to record a confession the Magistrate shall proceed to his court for the purpose, after making all arrangements for the production of the accused before him in that court. If the confession is recorded in a room that- is ordinarily open to the public, the Magistrate may, if he thinks fit, order that the public generally or any particular persons shall not have access to, or be or remain in, the room used for the purpose.
- When the accused is produced the Magistrate should ascertain when and where the alleged offence was committed, and by questioning the accused, should further ascertain when and where the accused was first placed under Police observation, control or arrest.
- Magistrates shall not, except under circumstances which render delay impossible, record the confession of an accused person immediately the police bring him into Court. He shall be given at least three hours for reflection, during which period he shall not be in contact with any police officer and shall not be permitted to hold converse with any person.
- During the examination of the accused and the record of bus statement a co-accused and, unless in the opinion of the Magistrate the safe custody of the prisoner cannot others wise be secured, police officers should not be present. In particular the police officers concerned in the investigation of the case or in the arrest or production of the accused shall be excluded.
- The Magistrate should give the explanations required by section 164 (Code of Criminal Procedure) and the other explanations mentioned in the form in a careful and patient manner, not perfunctorily, but so as to ensure that they are fully understood.
- (a) The Magistrate should not proceed to record the statement of the accused unless and until he has reason, upon questioning him and observing his demean our, to believe that the accused is speaking arid is about so speak voluntarily.
(b) While it is not in general necessary or desirable to invite complaints of ill-treatment by the police, cognizance of such complaints when made should be promptly taken, and any indications of the use of improper pressure should be at once investigated. If any injuries are noticed on the body of the accused or are referred to by him he should be asked how he came by thins, and, if necessary, in order to enable the Magistrate to be satisfied that the accused is about to speak voluntarily, the accused should be medically examined before 1Is statement is taken.
- It must be clearly understood that the questioning of an accused person in order to discover if the making of a confession is voluntary, is not a n*re formality. The Magistrate must apply his mind judicially and endeavour to base his finding upon definite premises and grounds.
- While carefully avoiding anything in the nature of cross-examination the Magistrate should endeavour to record his statement in the fullest detail, and to this end may properly put such questions, not being leading questions, as may necessary to enable the prisoner to state all that he desires to state and to enable the Magistrate clearly to understand his meaning.
III —Warrants, Processes and Bail and Recognizance bonds.
- On receipt of a charge-sheet containing the names of absconders, Court officers shall at once move the Magistrate trying the case to issue warrants against all the absconders named in the charge- sheet, and, if necessary, proclamation and attachment orders simultaneously with the warrants. If the Magistrate refuses, without giving reasons for his action, to issue the warrants against all the absconders named or postpones the issue of warrants, or if he declines to pass orders, the Court officer shall ask the Superintendent to move the District or Subdivisional Magistrate to withdraw the case under section 528 of the Code of Criminal Procedure to his own file and then to issue warrants for the arrest of the absconding accused.
- Whenever a person on security of any kind is prosecuted for an offence implying a breach of terms of his bond, special application shall be made, at the time of presentation of the charge- sheet, that the court may, in the event of conviction, order the confiscation of the security.
- It is the duty of the prosecuting agency to watch the progress of realisation of forfeited security. When the head of the agency finds that, either generally or in a particular case, under delay or laxity in realisations is taking place, he shall bring the mater to the notice of the Superintcndent, in order that the attention of the District Magistrate may be inched to it.
- (a) In issuing warrants, Magistrates shall fix a date on which the police shall return the warrant or report that it has not been executed. The date of this report shall be fixed so as to allow the mufassil police a reasonable time for proper action in obedience to the warrant.
- Warrants of arrest shall usually be directed to the police for execution, but in cases of urgency may be directed to court peons.
- Under section 77 of the Code of Criminal Procedure, when issuing a warrant to a police officer, the court may address him either by name or by the title of his office. Under section 79, all subsequent endorsements shall be by name and designation. A warrant intended to be executed by the police, therefore, shall be addressed not to the Court officer, but to the officer in charge of a police-station.
469A. (a) The Court officer shall despatch warrants to officers in charge of police-stations. He shall scrutinize all warrants received by him for despatch, and bring to the notice of the presiding Magistrate any case in which the process is unsuitably directed.
(b) Warrants shall be sent direct to police-stations, except when a special officer is necessary for the duty to be performed. In such cases the Court officer shall take the orders of the Superintendent or Circle Inspector, or in their absence the Magistrate of the district or Subdivisional Magistrate. Warrants so served, when executed, shall be returned to the Court officer direct.
- When an absconded offender appears in court, or is arrested by parties other than the police of the police-station to which the warrant was sent in the first instance, or when a warrant is cancelled under section 75 of the Code of Criminal Procedure, the Court officer shall send information to the police-station and ask for the return of the warrant.
- (a) The service of criminal processes in all districts, with the exception of those mentioned in clause (b) shall be supervised by the collectorate nazir. processes.
- Ordinarily warrants of arrest, fine warrants, orders issued under section 88 of the Code of Criminal Procedure and search warrants, shall be executed by the police in both cognirzable and non-cognizable cases, and with the exception of tine warrants shall be entered in the register of processes (B. P. Form No. 91).
Warrants issued under section 34 of the Police Act, 1861, under the Motor Vehicles Act, the Hackney Carriage Act, the Cruelty to Animals Act and the Bengal Highways Act and for offences against Municipal by-laws shall be sent by courts to the police officers concerned direct and not through the Court (police) office. The officers serving the warrants shall return them direct to the issuing court with a report of the action taken.
- Processes shall have an annual serial number. Unexecuted processes shall be brought froward in red ink in April only, these red ink entries being their original annual serial number and year of issue.
- Whenever a summons to appear as a witness in a criminal case is issued against an officer of police, it shall be served upon him through the Superintendent of the district or the police officer in charge of the subdivision to which he may belong.
NOTE.—The High Court has intimated that upon a proper application being made in each case to the Judge exercising the original criminal jurisdiction of the Court. the convenience of public officers summoned as witnesses in cases before the High Court from the nuifassil shall always be duly considered. Whenever a public officer is summoned as a witness before the High Court the Legal Remembraucer should be informed and asked to see that the witness is not unnecessarily detained.
- A summons on a railway servant or a servant of the Crown shall be served through the head of his department.
- (a) Three copies of a proclamation under section 87 of the Code of Criminal Procedure, shall be obtained from the Magistrate’s office—one for the Court office, one for the police- station, and the third for the absconder’s village.
- Police officers shall strictly comply with the provisions of section 87 of the Code of Criminal Procedure relative to the publication of the proclamation. The Court officer shall affix the copy for the Court house in the presence of witnesses, and submit a report to this effect. The station officer shall have the copy for the absconder’s village duly read out in a conspicuous part of the village, post it up at the ordinary place of abode of. the absconder in the presence of some of the principal residents, and submit a report that this has been done, giving the names of the witnesses.
- On receipt of the report, if everything is correct, the Court officer shall move the Magistrate to record a proceeding stating that the proclamation was duly made and declaring the date on which it was made. The term of 30 days (ride section 87 of the Code of Criminal Procedure) shall run from the date so declared.
- Court officers shall report to the Superintendent all persons proclaimed.
- When a Magistrate agrees to issue a proclamation under section 87 of the Code of Criminal Procedure against an absconder, ho shall at the same time be requested to issue an order for attachment of his property under section 88.
- Property of absconding accused persons, other than land paying revenue to Government which is ordered to be attached, shall be specified in the warrant of attachment. Court officers, therefore, shall prepare and submit a list of property to be attached, when applying for orders under section 88 of the Code of Criminal Procedure, When it is found that no property is specified in a warrant the Court officer shall bring the omission to the notice of the court.
474 If the accused does not appear within the time specified in the proclamation, the Magistrate shall be requesied to record a formal order declaring the property attached to be at the disposal of the Provincial Government. There is, however, no objection to the proclamation and attachment being issued simultaneously.
- If all measures provided by law to compel the appearance of the absconding accused fail, the Court officer shall, unless the Superintendent his opinion that this is unnecessary, apply to the Magistrate to record evidence of the complainant and witnesses under section 5 1 2 of the Code of Criminal Procedure.
Court officers must be mindful that evidence that the accused has absconded must first be recorded.
- At the en(l of each month a list in B. P. Form No. 92 showing all outstanding processes issued in the previous month shall be forwarded from the sadar and subdivisional courts to the office of the Superintendent, necessary extracts regarding warrants issued on railway police cases being sent to the office of the Superintendent of Railway Police concerned. In the April lists all previous unexecuted processes, bearing their original annual serial number and year of issue, as brought forward in red ink in the process register shall also be shown in red ink. (See regulation 471.)
- (a) The Court officer shall draw out bail and recognizance bonds and get them duly executed.
(b) Witnesses, parties to cases, and sureties having to execute bonds, shall be taken to the Court office, after the Magistrate’s orders are passed to have bonds properly drawn out and executed.
(C) The Court officer shall make careful inquiries into the position in life. of proposed sureties; and if there is any objection to their being accepted, shall report it at once to the Magistrate concerned.
- When money is put down by a party as security under section 5 13 of the Code of Criminal Procedure the Court officer shall deposit it promptly in the treasury for safe custody.
- The Court officer shall obtain receipts in the peon book for the bail and recognizance bonds made over to the Magistrate’s amla to be filed with the records.
- When an accused person surrenders in court and is released on bail, the Court officer shall grant him free of charge, a certified copy of the bail bond containing the Magistrate’s orders thereon. This will serve as a safeguard to the accused till the release notice, which should be dispatched by the Court officer as early as possible, reaches the police-station concerned.
- —Under-trial prisoners.
- (a) Under-trial prisoners will be of two classes based on their previous standard of living. The classifying authority will be the Court, subject to the of the District Magistrate During the period a prisoner is in police custody, before production before a competent court, the officer in charge of the police-station shall use his discretion as to his classification.
(b) Under-trial prisoners who have been placed in class A by the trying cowl shall not be handcuffed, or roped, unless the Superintendent, or the officer in charge in his absence after consulting the District Magistrate, or the officer in charge in the absence of the District Magistrate, considers the use of handcuffs or ropes necessary. The use of handcuffs or ropes in the case of under-trial prisoners who have been placed in class B, or who have not been classified, is only authorised in cases when there is reasonable expectation that they will use violence, or attempt to escape, or that an attempt will be made to rescue them.
- (a) The Court Police, reinforced if necessary by men from the police lines, shall escort all under-trial prisoners from the jail or lock-up to the Magistrate’s court and shall guard them while there They shall also escort back to the jail prisoners sentenced to imprisonment, or remanded to ha fat by the Magistrate (see also regulation 480).
(b) Whenever the hearing of a case is adjourned, a day shall be fixed by the Magistrate for the rehearing of the case, and it shall be the duty of the Court officer to ensure the punctual attendance of the prisoners on the day fixed.
- (a) Prisoners shall be escorted to the court and back to the jail by the shortest route but, as far as possible, bazars and crowded thoroughfares should be avoided,
When possible, they should be conveyed to and from court in a special conveyance. Class I under-trials should be conveyed in prison vans or in hired public Conveyances to ensure their travelling in reasonable comfort and privacy.
- All prisoners not before the court shall be escorted back to the jail from the court one hour before sunset, without waiting for those whose cases have not been disposed of. The Court officer shall apply to the Armed Inspector for an additional guard for prisoners who have been detained in court. In the case of under-trial prisoners sent to the jail for the first time it shall be the duty of the Court Police to see they have their food before they are taken to the jail if they are likely to arrive there too late for the evening meal which is served one how before sunset.
- As regards the handcuffing and roping of under-trial prisoners whilst being escorted to and from the court, see regulation 478.
- The Court Police shall produce prisoners committed to the Sessions and property connected with Sessions cases before the Court of Sessions on the dates fixed for trial. Where the Sessions is not held in the district of commitment, the Court officer of the district of commitment shall send all the property required to be produced before the court to the Court officer of the district where the trial is to be held and communicate to him the date fixed by the Judge for the trial of each case. The latter officer shall be responsible for the production of the prisoners and properties in such cases in the same way as if they had been committed from his district. The Superintendent of the committing district shall take steps to have the Public Prosecutor properly briefed.
- (a) The senior Court officer shall, forthwith on their arrival in the Court office, search all the male prisoners and have the female prisoners searched a woman of by the Magistrate, and take possession of all properties and offensive weapons found on them. These and the properties and weapons sent by the station police, with the prisoners in charge of their escort, shall be taken charge of and entered in the rna!khana register by the officer answerable for the mnilkhana. Glass, conch-shell or iron bangles shall not be removed from the person of female prisoners. The woman making a search under this regulation shall get a small fee for the same, say, of 4 annas per head,the charges being debited to the Magistrate’s grant for contingencies.
- Immediately before the trial of cases, and before the prisoner or prisoners are put into the dock or brought into court, it shall be the joint duty of the Court officer and the police escort, in whose custody the prisoner or prisoners are, to make thorough search and satisfy themselves that no offensive weapons are being carried into court.
Similar precaution shall be taken in the case of all other prisoners including those on bail or surrendering in court.
- No prisoner shall be allowed to wear slippers or shoes in the precincts of the court unless permitted to do so by the court.
- The Court officer shall inform the jailor by means of a separate report, for the information of the Jail Superintendent, when any under-trial prisoner or convict sent to jail is a desperate character, or when his offence is particularly heinous or if he has ever suffered from lunacy. Ordinarily this information will be obtainable from the charge-sheet or chz2zlan sent in by the police with the prisoner [see regulation 272(b) (vii)].
- Before despatching prisoners to the jail from the court lock- up at the close of the day, the officer in charge of the hajat register shall search all the prisoners thoroughly in the presence of the officer in charge of the escort party and both officers shall endorse a certificate to that effect on the hajat register.
- When it is desirable to transfer an under-trial prisoner to a jail other than. that to which he was originally committed, the Court officer shall make a written application to the court in session of the case, when such prisoner is brought before it, to direct that if further commitment to jail custody is ordered, such custody may be in the jail specified in the application.
- (a) When a Magistrate passes order that—
- confessing prisoners,
- persons made witnesses under section 337 of the Code of criminal Procedure,
- other under—trial persons,
shall be kept apart whilst in jail from other accused persons in the same case, the Court officer shall communicate his orders to the jail authorities.
- The Superintendent shall see that proper arrangements are made for the segregation of approvers and, if on any occasion proper segregation cannot be arranged, shall suggest to the District Magistrate that the approver may be kept in some other jail and be escorted to the trial court on the dates on which his attendance is necessary.
- Prisoners shall be supplied with drinking water, whenever required, but no food shall be given to a prisoner without the Manistee’s permission. All articles of food shall be carefully examined before they are passed on to prisoners, and no article the introduction 1861.1 of which into a prison is prohibited by any rule under the Prisons Act, 1894, shall be given to prisoners or allowed into the lock-up (see regulation 720).
- No prisoner shall be taken out of the lock-up, except with the permission of the officer in charge of the Court office,
- No individual shall have access to a prisoner whilst he is in the precincts of the court awaiting his trial, without authoritative permission. The presiding officer of the court may give such authority in writing, and may require the person making the application to do so in writing. In such case no court-fee shall be necessary. Facilities shall be given to recognized practitioners for consultation with their clients, but care should be taken that unlicensed practitioners or touts are entirely excluded.
- —Registration of criminals—Finger prints and P, R. system.
- (a) “Finger prints” include prints of the thumb and are either “rolled” or “plain”.
(b “Unidentified” means a person whose residence and antecedents are not known.
- “Untraced” means a person against whom no previous convictions have been traced.
(d “Expert” means an officer who has been passed as competent to examine, classify and give an expert opinion on finger impressions.(See regulation 656.)
- (a) The method of taking finger prints is described in Rai Bahadur H C. Basis’s “Finger Print Companion”.
- The following instructions shall be observed in preparing finger print slips
- Prints shall invariably be taken on the authorized finger print slip, B. P. Form No. 93 or No. 94, as the case may be. In the slip space has been allowed for the “rolled” prints of all the 10 digits, as well as for the plain prints of the four fingers of both hands. The headings of the slip are self-explanatory.
- Impressions shall always be taken with the tip of the finger pointing to the top of the form.
- For convenience in taking “rolled” prints the slip shall be folded at the line indicated and the fold placed in line with the edge of the table.
- The “rolled” prints shall show the complete contour of the bulbs of the fingers. One delta in the case of “loops” and two in the case of “whorls” should be visible.
- The “rolled” print of each finger shall be taken in the space allotted for that finger, and the impression shall not project beyond that space. The impression of the upper phalanx of the finger only shall appear.
- The “rolled” prints of the right hand shall be taken first, each finger being inked and impressed before the next finger in rotation is inked. When the “rolled” prints of the right hand have been taken, the operator will take the “plain” prints of the four fingers of that hand simultaneously in the space provided for them on the slip. When the right hand has been finished, the operator will proceed to take the prints “rolled” and “plain” of the left hand in a similar manner.
- All names, whether of persons or places, shall be written very legibly. Entries shall be as concise as possible and convictions shall be entered in chronological order.
(viii) When the finger prints of both hands have been taken, the slip will be turned over and the subject’s name, residence, details and convictions will be filled in. The subject will then sign the form or make his mark if unable to write, and immediately afterwards a “plain” print of his left thumb will be taken in the space provided for the purpose.
- The finger print slip of one prisoner shall be completed before that of another is commenced.
- Finger print slips of females, whether sent for search or for record, shall bear the word “female” in red ink on the side of the slip which contains the impression.
- Finger print slips of railway thieves and wandering criminals shall bear the words “railway thief’ or “wandering criminal,” as the case may be.
- If a finger is missing, or is so deformed that it is impossible to obtain an impression, the fact will be noted in ink in the space allotted for that finger by the words “missing” or “deformed”. In the case of double fingers, the prints of both fingers shall be taken, if possible: if not, the print of the more prominent of the two. Deformities, cuts, scars and disease marks interfering with the legibility of the impressions shall be fully described, and it shall be stated if they are temporary or permanent. Subjects suffering from open cuts or scars in any of the upper phalanges of the fingers shall not (if this can be arranged) have the prints of such fingers taken until the cuts or scars have healed.
(xiii) Finger prints of lepers are not to be taken on any account. Persons sullering from contagious and infectious diseases shall not have their finger prints taken until completely recovered.
- The finger prints of the following persons, juvenile or adult, male or female, shall be taken for permanent record (see regulation 506): —
- all persons convicted of offences against property carrying record. enhanced punishment on reconviction, irrespective of the duration of [§12, Act V, the sentence inflicted, if their real names and antecedents are unknown 1861.] to the police and cannot be ascertained;
- all persons reasonably suspected and arrested by the Police for committing offences under Chapters XII and XVII of Pakistan Penal Code, punishable with rigorous imprisonment for a term of one year and upwards and all persons convicted of the said offences, who in the opinion of the Superintendent of Police are likely to revert to crime;
- all persons reconvicted of offences under Chapters XII and XVII of the Indian Penal Code, punishable with rigorous imprisonment far a term of one year and upwards;
- all persons reasonably suspected and arrested by the Police for committing offences under sections 170, 215 and 231 to 254, 328, 417 to 420, 489A, 489B, 489C, 489D of the Pakistan Penal Code and all persons convicted of offences under the said sections. Superintendents of Police may exercise discretion in cases under Section 417 of the Pakistan Penal Code, when the persons concerned happen to be local men and the offence is of a petty or technical nature;
- all persons ordered to execute bonds under sections 109 and 110 of the Code of Criminal Procedure;
- all persons convicted under the Arms, Opium and Excise Acts who are believed to be illicit dealers in arms, opium or cocaine; and also all seamen convicted of arms smuggling;
- all persons convicted of any offence in connection with political agitation punishable with rigorous imprisonment for a term of one year or upwards;
(viii) all members of a criminal tribe registered under the Criminal Tribes Act, 1924;
- all persons convicted under the Goondas Act, 1923 (Ben. Act I of 1923) or the Presidency Area (Emergency) Security Act, 1926 (Ben. Act III of 1926);
- all persons convicted for attempt or abetment (section 511 or 109/114 of the Indian Penal Code) of offences for which they are liable to be made P.R. if (1) they are convicted outside their home districts or (2) their finger print slips are known or believed to be already on record in the Finger Print Bureau, or (3) they remain unidefitified;
- all persons convicted under section 3 of the Bengal Criminal Law (Industrial Areas) Amendment Act, 1942;
- all persons convicted under section 4 of the Bengal Criminal Law (Industrial Arcos) Amendment Act, 1942, except when the convicted persons happen to be local men and the offence is of petty nature; and
(xiii) all persons convicted under section 2 of Howra Act (Act XXI of 1857).